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Cloudn Accounts SLA

  1. Coverage; Definitions

    1. The Cloudn Availability Service Level Agreement (SLA) applies to you (“Customer”) if you have ordered any of the following Cloudn account services from Verio (the “Services”) and your account is current (i.e., not past due) with Verio:
      1. Cloudn plans (Cloudn Starter, Cloudn 2, Cloudn 4, Cloudn 8, Cloudn 16 and Plan vQ, Plan v1, Plan v2, Plan v4, Plan v8)
      2. As used herein, the term “Cloudn Account Availability” means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the Host Server is reachable across an IP network and is available for access by third parties via Internet Control Message Protocol (ICMP), i.e. ping, as measured by Verio.
  2. Service Level

    1. Goal:

      Verio's goal is to achieve 100% Host Server Availability for all customers. Our published service level agreement is 99.99%.

    2. Remedy:

      Subject to Sections 3 and 4 below, if the Availability of the customer's virtual machine's Host Server is less than 100%, Verio will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services:

      1. For Cloudn plans (Cloudn Starter, Cloudn 2, Cloudn 4, Cloudn 8, Cloudn 16)
        Host Server Availability Credit Percentage
        99.9 to 100% 0%
        98% to 99.8% 10%
        95% to 97.9% 25%
        90% to 94.9% 50%
        89.9% or below 100%
      2. For Cloudn plans (Plan vQ, Plan v1, Plan v2, Plan v4, Plan v8)
        Host Server Availability Credit Percentage
        99.99 to 100% 0%
        Less than 99.99% 10%
  3. Exceptions

    Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Server availability caused by or associated with:

    1. circumstances beyond Verio's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, earthquake, hurricane or other acts of God, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
    2. failure of access circuits to the Verio Network, unless such failure is caused solely by Verio;
    3. scheduled maintenance and emergency maintenance and upgrades;
    4. DNS issues outside the direct control of Verio;
    5. issues with FTP, POP, IMAP, or SMTP customer access;
    6. false SLA breaches reported as a result of outages or errors of any Verio measurement system;
    7. customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of Verio's Terms and Conditions and Acceptable Use Policy;
    8. e-mail or webmail delivery and transmission;
    9. DNS (Domain Name Server) Propagation.
    10. outages elsewhere on the Internet that hinder access to your account. Verio is not responsible for browser or DNS caching that may make sites underneath your account appear inaccessible when others can still access them. Verio will guarantee only those areas considered under the control of Verio: Verio server links to the Internet, Verio's routers, and Verio's servers.
    11. in the case that a failure occurs before the initial set-up, is caused by OS and/or Software installed in the virtual machine, or is caused by any flow in the graphical user interface.
    12. in case of deterioration of computing resource(CPU, memory and disk volume).
    13. in the case of free use of service.
    14. in the case that Verio, by its sole discretion, decides to suspend Cloudn service.
  4. Credit Request and Payment Procedures

    1. For Cloudn plans (Cloudn Starter, Cloudn 2, Cloudn 4, Cloudn 8, Cloudn 16)

      To request a credit for a Cloudn server, the customer must login to the Account Information Interface in the Customer Backroom, select the specific account to view the Account Details, and then select the button labeled “Request SLA Review.” Each request in connection with this SLA must include the dates and times of the unavailability of customer's Server and must be received by Verio within ten (10) business days after the customer's Server was not available. If the unavailability is confirmed by Verio, credits will be applied within two billing cycles after Verio's receipt of the customer's credit request. Credits are not refundable and can be used only towards future billing charges.

      Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed any applicable fees paid in connection with Cloudn for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Verio and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Availability of customer's Server.

      Note: Credits are not refundable and can be used only towards future billing charges.

    2. For Cloudn plans (Plan vQ, Plan v1, Plan v2, Plan v4, Plan v8)

      To request a credit for a Cloudn server, the customer must submit a support ticket requesting an SLA Review. Each request in connection with this SLA must include the server in question, dates and times of the unavailability of customer's Server and must be received by Verio within ten (10) business days after the customer's Server was not available. If the unavailability is confirmed by Verio, credits will be applied within two billing cycles after Verio's receipt of the customer's credit request. Credits are not refundable and can be used only towards future billing charges.

      Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed any applicable fees paid in connection with Cloudn for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Verio and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Availability of customer's Server.

      Note: Credits are not refundable and can be used only towards future billing charges.

About Verio

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