Service Level Agreement (SLA)
Host The Game guarantees that it will provide You with a level of service consistent with the principles expressed in the Host The Game “Service Level Agreement”. To the extent that Host The Game does not provide the Services at the levels guaranteed in this Service Level Agreement, and you are in compliance with this agreement and Host The Game’s AUP, then it will credit Your account or provide You a refund in an appropriate amount, reflecting percentages of the monthly fees You pay to Host The Game for the Services. To the extent Host The Game does not provide the Service within the applicable Time Guarantee, You will be eligible to receive the Amount of Credit as set forth below:
“Dedicated Server Deployment:The process of fulfilling Your order, properly placed, for one or more dedicated servers, by installing and configuring the appropriate equipment and making it substantially available for reasonable use.”
“Measured from the time Host The Game provides written confirmation to You that Your fully-paid order for one or more dedicated servers has been received. If You have ordered a custom dedicated server, defined as a server that we do not currently have in stock, or one that requires hardware upgrades or physical changes to the server configuration, then we may need more time to deliver the server. For all custom orders, we will provide an estimated delivery time to You when Your order is processed.
Amount of Credit
Virtual Machine (VM) Deployment : The process of fulfilling Your order, properly placed, for one or more public cloud instances, or virtual machine instances on a private cloud, by installing and configuring the appropriate equipment and making it substantially available for reasonable use.
“Measured from the time Host The Game provides written confirmation to You that Your fully-paid order for one or more public cloud instances has been received.
Hardware Replacement: The replacement of any server hardware component such as, but not limited to, hard drives, memory or processors substantially affecting the performance of the Services, after having been determined by Host The Game in its reasonable discretion to require replacement.
“Measured from Host The Game’s issuance of written notice to You that the affected hardware requires replacement, after appropriate trouble shooting.
First Response to Support Ticket: The first written response from Host The Game to a Support Ticket that You submit seeking support for the Services. Does not apply to tickets other than support tickets, e.g., sales, billing and abuse.
“Measured from the time Host The Game’s system assigns Your Support Ticket a number in its system.
Host The Game guarantees that the Services will be available 100% of the time and, except as provided in this Agreement, in the event the Services are unavailable due to Downtime, You will be entitled to a credit or refund as set forth below. For purposes of this Agreement, the term “Uptime” refers to the amount of time the Services are available in each calendar month, measured by Host The Game’s internal monitoring systems. The term “Downtime” shall refer to the amount of time the Services are unavailable due to issues with electrical power or network connectivity, as measured by Host The Game’s internal monitoring systems, but shall not include unavailability of the Services caused by emergency maintenance, scheduled maintenance, system upgrades, DNS issues outside Host The Game’s control, issues with FTP, POP, IMAP or SMTP customer access, acts or omissions by You or any of Your employees or agents, Your violation of Host The Game’s Acceptable Use Policy, or problems with users, web browsers, DNS, or other caching that might make it appear the Services are unavailable even though other internet users can access the Services.
Uptime & Credit (In Percentage):
100% – 0 Credit
99.1% – 99.9% – 5 Credit
98% – 99% – 10 Credit
95% – 97.9% – 25 Credit
90% – 94.9% – 30 Credit
89% or below – 50 Credit
The total amount credited to You in a particular month under this Agreement shall not exceed the total amount of fees paid by You for such month for the affected Services. Credits or refunds are exclusive of any applicable taxes charged to You or collected by Host The Game and are Your sole and exclusive remedy with respect to any failure by Host The Game to provide the Services. The provisions of the Agreement pertaining to Force Majeure are unaffected by the terms of this Service Level Agreement.
You may request an automatically generated report from Host The Game showing the status of Host The Game’s compliance with the guarantees of service levels set forth in this Service Level Agreement once a month by opening a support request through the client portal.
Your eligibility to receive credit or a refund is not cumulative, but is limited to one credit or refund per incident. Merely by way of example, failure on the part of Host The Game to migrate Your data to a new server within the corresponding Time Guarantee shall not entitle You to a credit or refund for a delayed response in the same incident related to the same matter. Host The Game shall apply credits or refunds based on the predominant issue with the problem, as determined in Host The Game’s reasonable discretion, and shall issue the larger of two credits should two equally important issues occur in the same incident.
Measurements of time for purposes of calculating eligibility for credit or refund under this Service Level Agreement shall be based on completed full minute (60 second) increments and not partial minutes. By way of example, any fulfillment by Host The Game of its obligation to complete a task within 10 minutes shall be considered fulfilled in a timely manner if completed within 10 minutes and 59 seconds of the event triggering the calculation of the interval.
You must accrue a minimum amount of $5.00 in credits or refund before Host The Game will make payment of any amounts due. All credits or refunds will be tracked with Your account, and once Host The Game will apply the credit or make the refund with the above-stated minimum is met.
Furthermore, credits are calculated by taking the total monthly service fee payment for the impacted services (the exact server(s), cloud instances or tickets that experienced the issue) and multiplying it by the credit percentage. To avoid any doubt, credits are never calculated for an entire account unless all services under that account were impacted.
You agree not to use the Services to:
– upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
– administer IRC;
– provide web proxying or other anonymizing services to hide the origin of network traffic;
– harm minors in any way;
– impersonate any person or entity;
– “stalk” or otherwise harass another person;
– forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
– upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
– upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
– upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes;”
– upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
– interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
– intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
– provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or
– collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
Zero Tolerance Policy for Unsolicited E-mail/Black Listing
“Unsolicited E-mail Complaint” is an occurrence of a third-party complaint regarding a specific E-mail communication message sent by You. “Unsolicited E-mail Incident” is an occurrence of a single E-mail message which may have been sent to multiple E-mail addresses. An Incident may contain numerous Complaints. Incidents may contain Complaints received up to 24 hours after the first. After 24 hours, a new Incident will be opened.
Black Listing: “IP Black Listing” is an occurrence when a third party black listing service determines that a Host The Game issued IP address is a frequent source of Unsolicited E-mail. Black Listings result in the IP address (or multiple IP addresses in the same “IP range”) being unable to send E-mail to certain third parties.
Host The Game has designed this portion of this Agreement to comply with the United States CAN-SPAM Act (the “Act”.) The Act states that commercial E-mail must be solicited, an effective, visible and clearly defined un-subscription process be in place, that every E-mail message sent be sent from a valid address, without any form of IP or source spoofing, that every E-mail message sent contain the physical contact information of the sender, that every recipient of such E-mail messages has requested to receive such E-mails and that the messages and method in which they were sent comply with the other provisions of the United States CAN-SPAM Act.
Zero Tolerance for Black Listing: Host The Game has a Zero Tolerance policy regarding Black Listings and considers any attempt to send Unsolicited E-mail Messages or other forms of Spam E-mail (including “Spamvertising” other websites or services or products) to be violations of this Agreement. If an IP address assigned to You is found to be Black Listed, Host The Game reserves the right to discontinue your services immediately with or without warning.
Furthermore Host The Game will levy a Black Listing processing fee of $200 for the first instance of IP Black Listing and $400 for the second instance of IP Black Listing (collectively, the “Penalties”.) If your service is terminated under the Unsolicited E-mail Policy then you forfeit all fees paid, including pre-paid fees and unused time. All fees paid become non-refundable. Further, account termination does not absolve or nullify Penalty payments you may owe to Host The Game. Further, you may accumulate additional Penalties based on complaints received after your termination. This section of the Agreement will survive for a period of one year after this agreement is terminated.