MANILAHOST SERVICE LEVEL AGREEMENT (SLA)

1. SERVICE UPTIME.  MANILAHOST's target uptime for the Service is 99.9% of the time in every calendar month and MANILAHOST provides you with a 99.9% Critical Services Uptime Guarantee as defined below.  If MANILAHOST fails to meet the 99.9% Critical Services Uptime Guarantee you will be entitled to receive a credit in accordance with the Credit Table below if:

(a) you apply for the credit within sixty (60) days of the last day of the month in which the 99.9% Critical Services Uptime Guarantee was not met, and

(b)  Such credits  will be added to your additional webhosting credit to MANILAHOST.  In the event there is a dispute regarding credits, MANILAHOST reserves the right to make the final decision about whether credits will be provided to you. 

a.       “99.9% Critical Services Uptime Guarantee” means that MANILAHOST guarantees that Down Time with respect to the Critical Services shall not exceed 0.1% of the time during any one (1) month period

1. 45 minutes for a 31 day month

2. 43 minutes for a 30 day month

3. 41 minutes for a 29 day month

4. 40 minutes for a 28 day month

b.       “Critical Services” means the email services, web hosting services, DNS services.

c.       “Down Time” means periods of time that the Critical Services are not functional and available to MANILAHOST customers and does not include any period of time during which services are not functional or available as a result of:

1. maintenance, scheduled or otherwise, performed by MANILAHOST;

2. third party intrusions, including without limitation denial of service or similar attacks;

3. downtime resulting from misuse by End-Users (as defined in the Terms of Use)

4. errors or non-performance of third-party software; or

5. any event that is not within MANILAHOST's control.

2. WEB HOSTING.  MANILAHOST will use commercially reasonable efforts to ensure that your web site is available online, twenty-four (24) hours to forty-eight (48) hours following receipt of payment from you for services.

3. MAINTENANCE SERVICES.  MANILAHOST will provide system maintenance as long as this SLA has not been terminated or amended.  Maintenance is performed at times which least impact MANILAHOST's customers based on minimal overall activity on the MANILAHOST systems.  Notwithstanding the foregoing, MANILAHOST reserves the right, in its reasonable discretion, to perform any emergency work at any time.

4. MAIL/MAILING LISTS
    

• Mail E-Mail Accounts are restricted to a maximum size of 100MB. If you exceed this limit we may suspend or terminate your account and your email messages may be lost.

• Mail E-Mail Accounts’ e-mail transfer limit is a maximum of 20MB for each separate request by the mail server.

Amendments to the TOS: With the continuing rapid growth of the Internet, new security procedures and various new technologies evolving, MANILAHOST WEB SERVICES must make preliminary provisions to allow for the modification of the Terms of Service (TOS) from time to time. These modifications may impose or relax certain restrictions on the customer. These modifications can and will be made without the consent of the customer. It is the customer's responsibility to keep up with the changes of the terms of Service.