"AMVirtual" is ActiveMedia's Virtual Hosting Solution. AMVirtual has highly available network connections and offers a 99.9% uptime guarantee through its hosting partner. This applies to the availability of our network and not your personal internet connection.
AMVirtual Availability Guarantee ensures Internet connectivity is provided to AMVirtual customers 99.9% of the time. We do not include unavailability which resulting from:
(a) Scheduled or unscheduled AMVirtual Network- and hosting partner Maintenance,
(b) Equipment failure,
(c) Customer's applications or equipment,
(d) acts or omissions of Customer,
(e) any use or user of the service authorized by Customer, or
(f) reasons of Force Majeure.
For each cumulative one half hour (30 minutes) of Network Unavailability or fraction thereof in any calendar month, Customer's account shall be credited for the pro-rated charges for one day of the AMVirtual Base Monthly Fee, up to but not exceeding the monthly hosting fee. This does not include additional charges such as bandwidth overages. The credit will be used for services provided.
Limitations of Guarantee
The total credit granted to customer by any aspect of this Service Level Guarantee during any calendar month will not exceed the monthly base fee for the same calendar month.
All guarantees will not apply if downtime or unavailability occurs during standard AMVirtual- or network partner maintenance windows,
Credits or remedy will be provided only upon request of the customer. Requests for credit due to Internet Connectivity must be received within 5-days of the failure.
No guarantee or remedy will be provided at any time for failures determined attributable to reasons of Force Majeure.
This SLA is subject to change at the sole discretion of AMVirtual, with or without notice to Customer. The most recent revision of this document will be posted to AMVirtual web site. All changes made to the SLA will be effective five (5) days after the first publishing date.
This SLA in no way construes AMVirtual will guarantee performance against failures of application specific failures, such as web server software, operating system software, failing hardware, web site application features, database performance or related components. It will be at AMVirtual’s sole discretion to determine fault and identify failure to perform under the obligations of this SLA.
