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Exchange Hosting Service Level Agreement
THIS SERVICE LEVEL AGREEMENT (
TO YOU BY Humphrey Technology, (COMPANY).
I. Service Definition
Humphrey Technology, (Company) will provide You
with Hosted Exchange and other Application Services
as
defined by the plan or plans purchased by you from Company. Features
available in the Hosted
Exchange offering include:
•
Mailboxes
•
Public folders
•
Distribution lists
•
Contacts
•
Multiple inbound domain
•
Global address list
•
Offline address list
Additional services are also available according to your specific
plan configuration.
II. Technical Support
Company will provide You through your
authorized account contacts with technical support on setting up
and
configuring your account, access to Company’s server, and other
issues related to the software
provided
by Company at no additional charge.
Company provides technical support for Microsoft Outlook, Entourage,
Outlook Express, OWA via
Internet Explorer, and supported wireless devices, but it does not
offer customer support for other mail
clients,
applications, scripts, or components, either from third parties or
for those developed by You.
E-mail technical support:
Email Hours: 24 hours, 7 days per week, 365
days of the year
technical support:
Monthly Hosting Plans:
Hours: Normal business hours,
excluding
Only Account Administrators may request information, changes, or
technical support for the account.
Upon contacting Support You will be required to provide your account
username and a full description of
the
problem including error messages, screenshots, and other
troubleshooting information as requested
by
Technical Support personnel.
The Company's response time to technical support issues depends on
the level of purchased support
service,
the complexity of the inquiry and support requests volume. The
Technical Support Department
assigns
the highest priority to customer inquiries related to the servers'
unavailability. These issues are
addressed
first upon notification from a customer. The time to respond
guarantee does not apply to any
inquiries
that require extensive research and testing.
III. Billing and Other Account Related Inquiries
Billing.
For billing inquiries, contact Billing Department.
Hours: Normal business hours, excluding
Please note: Company must receive notice of billing disputes within
sixty days of the date your credit card
was
charged for services.
Sales.
For sales inquiries, contact Sales Department.
Hours: Normal business hours, excluding
IV. Escalation.
If you have unresolved concerns with Company’s service or technical
support issues, please contact the
Customer Support Manager.
The initial response should arrive
within
one business day. As issues may be complex or require extensive
investigation, resolution cannot
be
guaranteed within any certain time period.
V. Control Panels and Server Management.
Account holders are provided with the Company's online account and
server management tool, the
CONTROL PANEL
and USER PANEL
Control Panels.
This tool is designed to give You control
over your
account
and server services purchased from the Company. You will use the
CONTROL PANEL
Control Panel to
perform
all routine account and server management tasks.
Help is available online as well as
from
within the CONTROL PANEL
Control Panel itself. If You experience
difficulty using the CONTROL PANEL
Control
Panel, Technical Support personnel will familiarize
You with it. Technical Support shall not
be expected to
perform
for You the tasks that can be done through the CONTROL PANEL
Control Panel.
The Company’s Shared Hosting services do not include installation of
third-party software beyond the
standard
configuration outlined in your plan’s description. Requests for
modification to the standard
configuration
will be considered on a case-by-case basis. Approval of such
modifications will be at the
Company’s sole discretion and will be based upon maintaining
functionality, usability, security, and
stability
in the shared server environment.
VI. Maintenance
Scheduled Maintenance:
To ensure optimal performance of the servers, the Company will
perform routine maintenance on the
servers
on a regular basis, requiring servers to be removed from service.
The Company reserves one
hour
of server unavailability per month for maintenance purposes. This
server unavailability will be
excluded
from the uptime calculations. The maintenance is typically performed
during off-peak hours. The
Company will provide You with advanced
notice of maintenance whenever possible.
Emergency Maintenance:
Under certain circumstances the Company may need to perform
emergency maintenance, such as
security
patch installation or hardware replacement under Hardware
Replacement Guarantee. The
company
will not be able to provide You with advanced notice in case of
emergency maintenance. This
server
unavailability due to emergency maintenance will be excluded from
the uptime calculations.
Hardware Replacement Guarantee:
Company will use industry standard practices to determine whether
server hardware is functioning
properly
and will replace non-functioning hardware with similarly functioning
hardware. Company
guarantees
hardware replacement within four hours from the time the problem is
identified. In the case
where
this time is exceeded, the excess downtime is counted against Server
Availability guarantee.
VII. Network Availability
The Company guarantees at least 99.9% Network Availability. Network
Availability is defined as the ability
to
pass incoming and outgoing TCP/IP traffic through the Company’s
network to/from the IP transit
provider
(Internet backbone).
Servers
unavailability resulting from loss of Network Availability is
excluded from servers availability
calculations
if the Network Availability loss is caused by any factor(s) beyond
the Company's control,
including
but not limited to such factors as IP transit provider (backbone) or
end user's portion of the
network
(commonly known as “last mile”) failure, denial of service or
similar attacks directed at the
Company’s servers or the Company’s network.
Network Availability Monitoring
To verify the Application Server Availability, the Company will
probe the router port to which the server is
connected
every two minutes, with a 10-second failure threshold. If the probe
is not successful, the port is
considered
non-operational and NOC personnel on duty are automatically
notified.
If two or more consecutive port probes fail, network downtime will
be registered as the number of minutes
between
the first and the last failed tests. Downtime of less than five
minutes in duration is not recorded.
The Company will calculate server uptime and refund eligibility
amounts based on this type of monitoring.
VIII. Servers Availability.
Company’s primary commitment is to provide outstanding hosting
service to all customers. To support
this
commitment, Company observes the following schedule of remedies for
any failure to meet the
express
guarantees in this Service Level Agreement.
EXCHANGE SERVER AVAILABILITY
Company guarantees 99.9% Exchange Server Availability, measured on a
calendar-month basis.
Exchange Server Availability is defined as the ability of a user on
your Exchange account to (a) access
and
retrieve information from the Exchange server, and (b) send and
receive messages via the Exchange
server,
provided that your hosting account is active and enabled.
Company monitors the server as a whole but does not monitor
individual mailboxes. Exchange server
unavailability
caused by denial of service attacks, mail bombing, and other
flooding techniques will be
excluded
from Exchange Server Availability calculations.
The outgoing email protocol used on Exchange server (SMTP) is a
"store-and-forward" type of protocol
that
does not guarantee immediate delivery of email messages. If the mail
server’s first email delivery
attempt
fails, it will re-attempt delivery according to a predefined
schedule. If the message fails to be sent
for
24 to 72 hours, the messages will be returned to the sender.
Denial of service attacks or other types of attacks directed toward
Company’s network of servers resulting
in
or contributing to downtime will not be included in the Exchange
Server Availability calculations.
Exchange Server Availability Monitoring
To verify Exchange Server Availability, Company will open a
connection to the server on the port
assigned
to the Exchange Information Store Service every five minutes, with a
30-second failure
threshold.
If connection is not successful, server is considered
non-operational and systems
administration
personnel on duty are automatically notified.
If two or more consecutive test connections fail, the Exchange
server unavailability will be registered as
the
number of minutes between the first and the last failed tests.
Exchange server unavailability of less
than
five minutes in duration is not recorded. Company will calculate
Exchange Server Availability and
refund
eligibility amounts based on this type of server monitoring
IX. Penalty for Non-Compliance – Refunds
NETWORK AND SERVERS AVAILABILITY
If network or server availability for the full month is below the
guaranteed level, the Company will issue a
refund
to You according to the schedule below.
Server availability Amount of the refund as a percentage of monthly
fee
99.0% to server guarantee level 5% of monthly fee credited
98.0% to 98.9% 10% of monthly fee credited
95.0% to 97.9% 15% of monthly fee credited
90.0% to 94.9% 25% of monthly fee credited
89.9% or below 2.5% credited for every 1% of lost availability up to
the
maximum
total penalty limit
To receive a refund for downtime, You
must (a) be in good financial standing with the Company, and (b)
send
an email or written refund request to the Billing Department in the
month immediately following the
month
for which You are seeking a refund. Refund requests must include
your account username and the
dates
and times of server unavailability.
The Billing Department will compare information provided by
You to the server availability monitoring
data
the
Company maintains. A refund is issued if the Company can confirm
from the monitoring data the
server
availability warranting the refund.
TOTAL PENALTY LIMITS
The total refund to You for any account
may not exceed 50% of the monthly fees charged to that account
during
the month for which the refund is to be issued, unless the amount to
be refunded is less than $1.00
in
which case the refund amount will be $1.00.
Only one refund and refund level is available in any given month.
X. Server Software.
Company will exercise industry standard practices to ensure that all
pre-installed software is correctly
configured.
In case there is more than one way to configure the software,
Company will choose the
configuration
it determines, in its sole discretion, to be the most appropriate.
Company will install security patches, updates, and service packs as
soon as practical. Software updates
may
change system behavior and functionality and as such may negatively
affect your applications.
Company cannot foresee nor can it be held responsible for service
disruption or changes in functionality
or
performance due to implementation of software patches and upgrades.
If such disruption or changes
occur,
Company will provide its best efforts to remedy the situation as
soon as possible after being
notified
of the problem by You.
Company may be required by its software licensors to upgrade to the
latest versions of the software.
Licensor-required upgrades will be performed free of charge and upon
reasonable notice to You.
Software upgrades on Company’s servers will occur at Company’s
discretion upon reasonable notice to
You.
Company is not responsible for problems that may arise from
incompatibilities between new versions of
the
software and your content, regardless of whether it was a requested,
required or a discretionary
upgrade.
Nevertheless, Company will provide its best efforts to help
You to find a workaround solution.
XI. Storage Capacity; Data Transfer; Server Resources
Each account is allotted storage capacity and data transfer amounts
on Company’s servers according to
the
plan and options selected by You. This storage size and data
transfer allotments can be increased
through
the CONTROL PANEL
Control Panel for an additional charge up to the maximum amount
allowed for
each
plan or service. The servers may stop accepting, processing, or
delivering data when the purchased
limit
is reached thus causing server unavailability or data loss. Company
shall not be held responsible for
such
unavailability or data losses.
Shared servers resources are shared among all accounts hosted on the
same server. Company
configures
servers in such a way so the accounts are separated from each other
to the maximum
possible
degree. However, due to its nature, shared resources accessibility
level cannot be guaranteed.
XII. Hosted Exchange Specific Limitations
MAILBOX AND PUBLIC FOLDER STORAGE CAPACITY
Each mailbox and public folder has its own storage limit. When the
storage limit is reached on an
individual
mailbox or folder, the Exchange servers may stop sending or
receiving messages leading to
possible
server unavailability or data loss. To prevent such occurrences,
You can manage each mailbox
and
public folder storage limit, using the CONTROL PANEL
Control Panel. Company is not responsible for
unavailability
or data losses caused by any mailbox or folder exceeding its storage
limit.
You can obtain a detailed disk usage report from the CONTROL PANEL
Control Panel.
TOP LEVEL FOLDERS AND SUB-FOLDERS
The Exchange Server retains ownership of the two top layers of the
public folder hierarchy, "Public
Folders", and under that folder, the "All Public Folders".
This is set by the Exchange Server architecture
and
cannot be modified.
The CONTROL PANEL
Control Panel allows you to create and manage mail-enabled Top-Level
public folders.
Only Top-Level public folders can be made visible in the Global
Address List. Only Top-Level public
folders
can be made mail-enabled.
There is a maximum limit of 5 Top-Level public folders.
ADDRESS LISTS
Company creates one Global Address List and one Offline Address List
for Your account. Global Address
List and Offline Address List are available to all users within your
account. Global Address List lists all
mailboxes,
contacts and distribution lists on your account, unless you
explicitly choose to hide any of
these
objects from a Global Address List. Offline Address List is a
replica of Global Address List and is
available
in MS Outlook when you are working offline. Global Address List is
replicated to Offline Address
List on a daily basis.
LIMITS
The following limits are set for the Exchange Hosting package:
•
up
to 12 Inbound Domains;
•
up
to 60 distribution lists;
•
up
to 100 contacts;
•
up
to 200 recipients per message;
•
incoming/outgoing
message size limit is 20 MB
ANTI-VIRUS CHECKING
Company installs third-party anti-virus software on its Exchange
servers. This software is configured to
check
all messages coming to or leaving the Exchange server according to
the virus-detecting heuristics
provided
with the software. As a part of the Anti-virus software service,
these heuristics are regularly
updated.
Messages sent between mailboxes on the server are not scanned.
If a virus is detected or if a message attachment cannot be scanned
(for example when it is encrypted or
corrupted),
the message and its attachments are permanently deleted. Neither the
intended recipient(s)
nor
the message sender receives any notification of the message
deletion. Messages with attachments
larger
than 5MB are not scanned.
Company advises you to use up-to-date, local anti-virus software.
Company is not responsible for
infection
of end-user devices or lost or corrupted messages.
ANTI-SPAM MESSAGE FILTERING
Company installs third-party provided, anti-SPAM software on its
Exchange servers. This software is
configured
to check all incoming messages according to the SPAM-detecting
heuristics provided with the
software.
As a part of the anti-SPAM software service, the SPAM-detecting
heuristics are regularly
updated.
Company is not responsible for lost or corrupted messages due to
Anti-SPAM filtering.
WIRELESS EXCHANGE SERVER ACCESS
As an add-on service, Company provides wireless access to the
Exchange server through the use of
third-party
provided software. Limited customer control of Wireless Exchange
Server Access configuration
is
available via CONTROL PANEL
Control Panel.
Success in configuration and set up of wireless Exchange Server
Access is highly dependent upon the
device
and the wireless access provider chosen by You. Therefore Company
can only assure that it will
make
commercially reasonable efforts to assist you in configuring and
supporting your wireless Exchange
server
access for the portions of the access not under Company’s control.
XIII. Customer Data Privacy Protection; Confidentiality
All data created by You and/or stored by
You within Company's applications and servers are considered
by
Company to be your property. Company is committed to protect your
privacy and confidentiality of your
data
to the maximum extent permitted by law and/or accepted by industry
standards.
We will not access, view or review any of your private data
accessible to us (including but not limited to
that
contained in your web server files, e-mail messages, calendars,
notes, contacts, memos or public
folders)
unless:
(i) either
you or a competent government agency specifically requests us to;
(ii) when performing routine backup and
restore operations, virus scan and virus removal, spam and
content
filtering;
(iii) if such access, view or review is
urgent and necessary to protect personal safety, perform
troubleshooting,
restore systems operation in the event of a server failure, remove
illegal or offending
(e.g. pornographic, violating our
policies, etc.) content or prevent a
server crash or other damage.
Under no other circumstances will Company access your private data
without your prior permission.
We will not share your confidential data with any third parties
without your prior permission, except to the
extent
required by law or governmental agencies or necessary to render our
services to you. Our
employees
and agents who have access to your confidential data are restricted
from disclosing or using
such
information for any purpose other than in connection with their
services to Company.
XIV. Data Integrity.
Company employs RAID techniques to ensure the integrity of the data
on its servers and to prevent data
loss
in the event of hardware failure. Company performs routine server
backups for disaster recovery
purposes
only. Server backup scope and scheduling is at Company's sole
discretion. COMPANY SHALL
NOT PERFORM BACKUP OR RESTORE THE DATA UPON YOUR REQUEST UNLESS SUCH
BACKUP IS PROVIDED AS A SERVICE UNDER YOUR PURCHASED PLAN.
EXCHANGE SERVERS BACKUP AND RESTORE
Standard Exchange Backup Services include full Exchange server
backup on a predefined schedule
several
times per week to a shared backup device over the network. Backup
copy retention time is one
week;
Standard Exchange Backup Services do not include the process of
restoration of files, mailboxes, folders
or
parts thereof. To request restoration of mailbox or public folder
from Exchange server, please request
from
Support an Exchange Restoration Request form; complete and return
the form to Company.
Company will first attempt to locate and restore the content from
the Exchange server before restoration
from
backup media is attempted.
Restored mailbox/public folder content will be provided in
Microsoft® Outlook® Personal Folder (.pst)
file
format.
XV. Data Retention.
WHILE YOUR ACCOUNT IS ACTIVE, COMPANY SHALL BE RESPONSIBLE FOR
RETAINING ANY OF
YOUR
DATA INCLUDING BUT NOT LIMITED TO THE CONTENT OF PRIVATE AND PUBLIC
INFORMATION STORE, ACTIVE DIRECTORY, LOG FILES, AND BACKUP COPIES.
COMPANY SHALL NOT BE RESPONSIBLE FOR RETAINING ANY OF YOUR DATA
AFTER
ACCOUNT TERMINATION. ALL DATA IS DELETED FROM THE SERVERS AFTER THE
ACCOUNT IS
TERMINATED AND FROM BACK-UPS DURING SCHEDULED BACK-UP ROTATION.
COMPANY
SHALL NOT RESTORE, PROVIDE ON ANY STORAGE MEDIA OR SEND OUT ANY DATA
PERTAINING TO TERMINATED ACCOUNTS.
XVI. Customer Responsibilities.
To access Company services You must
provide at the very minimum:
•
an
Internet connection with sufficient bandwidth and quality to allow
trouble-free browsing and
data
uploading and downloading and that does not constrain Microsoft
Exchange functionality;
•
a
fully functional Internet browser;
•
a
fully functional POP/IMAP/SMTP e-mail program (client) such as
Microsoft
Outlook Express or
Microsoft®
Outlook for MAPI connections to Exchange server;
•
tools
to develop and publish content as You find suitable and necessary;
•
tools
to access database servers if such services are purchased by You.
XVII. Privacy Statement.
Company values the privacy of its customers. Please refer to
Company's Privacy Policy at
http://www.Humphrey Technology/ for further information.
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