Important Legal Agreements
Note: Service unavailability caused by denial of service attacks, extreme amounts of traffic in a short period of time, and/or other Denial of Service techniques is not included in uptime/downtime calculations (see below).
Server Infrastructure Unavailability
HELPYOU monitors the infrastructure as a whole but does not monitor individual VE servers unless specifically designated by the customer. VE server unavailability caused by denial of service attacks, extreme amounts of traffic in a short period of time, and/or other Denial of Service techniques is not included in uptime/downtime calculations.
Please note: Server downtime is not recorded and no credit is issued during scheduled or emergency system maintenance. Outages caused by the actions beyond HELPYOU control including, but not limited to DoS attacks, extreme amounts of traffic in a short period of time, and/or other forms of intrusion are excluded from the uptime/downtime calculations.
Service unavailability resulting from network unavailability will not be included in the Service Availability calculation. Network unavailability is defined as HELPYOU inability to pass incoming and outgoing TCP/IP traffic, including but not limited to backbone problems, problems on the customer's portion of the network, interruptions of service caused by denial of service or similar attacks or other forms of intrusion.
In the event of a HELPYOU server hardware failure, HELPYOU shall replace or repair hardware within twenty-four hours of HELPYOU'S determination that the hardware has failed. Such hardware failure, and repair and replacement of the hardware and the associated downtime shall not affect the Service Availability calculation.
To guarantee optimal performance of the infrastructure, it is necessary for HELPYOU to perform routine maintenance on the servers. Such maintenance often requires taking HELPYOU VE servers off-line, typically performed during off-peak hours.
HELPYOU will give you advance notice of maintenance requiring the servers to be taken off-line whenever possible. HELPYOU reserves 2 hours of Service unavailability per month for maintenance purposes. Such unavailability is not included in the Service Availability calculation.
Refund for Non-compliance - Infrastructure Availability
For each .1% of Service availability falling below the guaranteed 99.9% up-time guarantee, upon your notification (described below), HELPYOU will provide you with a credit in the amount of 10% of that month's paid regular service charges.
To receive the credit you must send a request with your account IP, including all dates and times of server unavailability, to email@example.com , in the month immediately following the month for which the refund is requested.
HELPYOU will then compare the information provided by you to the server availability monitoring data HELPYOU maintains and notify you of the issuance of any credit. A credit is issued if the unavailability warranting the refund is confirmed by HELPYOU server monitoring data.
Maximum Total Refund
The total refund to you for any account may not exceed 50% of the monthly fees paid for that account during the month for which the refund is to be issued.