Dedicated Server Service Level Agreement

Last Updated: November 1, 2024

1. Subject to Universal Terms of Service: The following Dedicated Server Service Level Agreement (“Dedicated Server SLA”) supplements and is subject to InMotion Hosting, Inc.’s, its parent, subsidiaries, affiliates, and brands (collectively, “Company”)  Universal Terms of Service (“UToS”), which are incorporated herein by this reference. Capitalized terms used herein and not otherwise defined herein shall have the meanings assigned to them in the UToS. In the event of a conflict between this Dedicated Server SLA and the UToS, this Dedicated Server SLA shall control.
2. Products. To the extent applicable to an Order, Company offers Customers dedicated server plans, in which Customer Content will be placed, as determined in Company’s sole discretion, within one or more of Company’s servers (collectively, “Dedicated Server Products”).
3. Policy. This SLA is a policy governing the use of the Dedicated Server Products and applies separately to each Customer using the Dedicated Server Products.
4. Service Availability Commitment.  Company will use commercially reasonable efforts to ensure that the Dedicated Server Products are “Available” (as defined below) for the Dedicated Server Products. In the event any of the Dedicated Server Products do not meet the Monthly Availability Commitment, Customer will be eligible to receive a Service Credit (as described below).
5. Calculation of Availability. “Monthly Availability Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Dedicated Server Products were Unavailable (as defined below). Monthly Availability Percentage measurements exclude Unavailability resulting directly or indirectly from any Unavailability Exclusion (as defined below).
6. Service Credits.  A Service Credit is a percentage of the total fees paid by Customer (excluding one-time payments) for the Dedicated Server Products for the calendar month in which the Unavailability occurred in accordance with the schedule below.

7. Service Credits
   1. To request a Service Credit, Customer must submit a written support request within sixty (60) calendar days of the suspected incident via the AMP.
   2. If the Monthly Availability Percentage of a request is confirmed by Company and is less than the listed percentage, then Company will issue the Service Credit to Customer within forty-five (45) calendar days of Customer’s request. Company’s monitoring tools, data and records will be the sole source of information used to track and validate Availability.
   3. Service Credits will be issued to the Customer that Company invoices for the Dedicated Server Products, as a separate credit memo that can be applied towards a future invoice for Dedicated Server Products. If the Initial Term and Term expires or is terminated prior to the issuance of a Service Credit, the Service Credit will become void as of the date of the expiration or termination.
   4. Customer will not be eligible to receive a Service Credit if: (i) Customer Account has any payments that are delinquent, (ii) Customer is in violation of the UToS during the time of the incident, or (iii) the incident was due to security vulnerabilities introduced by Customer’s applications, code or Customer’s failure to apply regular security patches and updates to the Dedicated Server Products.
   5. The Service Credits specified in this SLA are Customer’s sole and exclusive remedy(ies) for any incident occurring during the Initial Term or Term for the Dedicated Server Products or for any other claim in connection with this SLA. In no event will the amount of Service Credits issued for all incidents within a given month exceed 100% of the amount invoiced for the Services.
8. Unavailable and Unavailability Exclusions
   1. The Dedicated Server Products will be considered “Unavailable” or in state of “Unavailability” when the Dedicated Server Products have no external connectivity.
   2. The following (each an “Unavailability Exclusion”) will be excluded from any time-based calculations related to the Dedicated Server Products being Unavailable:
      1. Scheduled, recurring, or zero impact maintenance windows;
      2. Unavailability due to Customer’s misuse of the Dedicated Server Products;
      3. Unavailability that results from Customer’s facilities, equipment, software, or other technology and/or third-party facilities, equipment, services, software, or other technology (other than third-party equipment within Company’s direct control);
      4. Unavailability arising from Customer’s use of an outdated release of the Dedicated Server Products or third-party software, or any failure to install a material update to either of the foregoing;
      5. Unavailability caused by third-party service or facility providers, including any telecom, internet, or other related service or facility provider, or packet loss, network, or Internet problems beyond Company’s equipment supporting Company’s public internet connectivity;
      6. Denial of service attacks, virus or hacking attacks, or bugs in code, hardware, or services for which there is no commercially reasonable, known solution (even if there is a known workaround); or
      7. Force majeure events or any other event(s) that are not within Company’s direct control or that could not have been avoided with commercially reasonable care.
   3. Company will use its best efforts to communicate downtime events prior to scheduled, recurring, or zero impact maintenance windows as described above, however, this will not always be possible. Without limiting the foregoing, service interruptions due to emergency maintenance will constitute Unavailability Exclusions equivalent to scheduled maintenance windows, provided that (1) Company notifies Customer of such emergency maintenance as soon as possible and (2) downtime due to emergency maintenance does not exceed four (4) hours in any month.