following Service Level Agreement (hereinafter referred to as the
"Agreement") is made between Portland Technology Consultants / Search Commander, Inc. and the web hosting customer and monthly
subscriber (hereinafter referred to as "Customer") and shall be effective
as of September 4, 2004.
As used in this Agreement, "you" or "your" refer
to you, the Customer and "we", "our" or "us", PDXTC / Search Commander, Inc. This agreement shall
only apply if you currently hold an account with services from PDXTC / Search Commander, Inc. (the
"Services") and your account is current (i.e., not past due) with PDXTC / Search Commander, Inc.
PDXTC / Search Commander, Inc. and Customer are referred to collectively as the "Parties". By
activating your hosting account you acknowledge that you have read,
understand, and agree to our terms including this service level agreement.
As used herein, the term "Web Site Availability" means the percentage of a
particular month (based on 24-hour days for the number of days in the
subject month) that the content of customer's Web site is available for
access by third parties via HTTP and/or HTTPS, as measured by PDXTC / Search Commander, Inc.
We guarantee that our internal network connectivity, server programs, and
hardware will be up and working at least 99.9% or better in any given
month. This means you should not experience a downtime of more than 43
minutes in any given month counted from the first day of every month.
uptime guarantee excludes any scheduled maintenance work that may,
unfortunately, force the downtime for a period of time until the
maintenance work is done. We are proud to offer you a service credit,
defined below, for the month that any downtime period that lasts beyond
our uptime guarantee of 99.9%.
BSD/Windows Shared Hosting Customers
PDXTC / Search Commander, Inc. shall do regular daily backups for our customer's data into our
backup servers. These backups are solely for the purposes of PDXTC / Search Commander, Inc. server
recovery. In the event we can provide you with a recent backup, PDXTC / Search Commander, Inc.
staff will restore the information to a folder you specify on our servers.
BSD/Windows shared hosting customers are encouraged to keep their own
backups of the data on PDXTC / Search Commander, Inc. servers in the event of the backup server
failure. PDXTC / Search Commander, Inc. is not liable in the event customer's data is lost, even in
the event of a hardware/power problem resulting in such data lost.
Dedicated Server Customers
Unless otherwise agreed, PDXTC / Search Commander, Inc. does not provide data backup service to our
dedicated server customers. Customer is responsible for customer's own
data backup and will not hold PDXTC / Search Commander, Inc. liable in the event customer's data is
lost, even in the event of a hardware/power problem resulting in such data
PDXTC / Search Commander, Inc. aims to achieve 100% uptime for all services offered to our
customers. Excepts under the conditions listed below, see "Conditions", if
"Web Site Availability" is less 99.9% PDXTC / Search Commander, Inc. will issue a credit to the
customers account based on the table below, see "Credits".
PDXTC / Search Commander, Inc. will announce all scheduled maintenance at least 24 hours in advance
to the customer. PDXTC / Search Commander, Inc. also reserved the right to perform any necessary
emergency maintenance to our system to ensure the security of the system.
All scheduled maintenance will be announced to the news mailing list at
email@example.com and also to the user forums under announcements.
All downtimes will be announced to the customer via the news mailing list
at firstname.lastname@example.org and also posted in the user forums under
announcements. All downtime reports will include a complete description of
the cause of the downtime, as well as a calculated total time the system
This "Calculated Downtime" will be the basis for calculating any
necessary credits to the customer's account. Downtime reports will be
posted to the specified places within 24 hours from the time the system
was back online.
This agreement shall cover any and all services under the direct control
of PDXTC / Search Commander, Inc. This includes, but is not limited to, internal network
connectivity, server programs, server hardware, switches, and routers.
This agreement shall NOT cover any condition outside the control or
unpreventable by PDXTC / Search Commander, Inc.
These conditions including, without limitation,
acts of any governmental body, war, insurrection, sabotage, armed
conflict, embargo, fire, flood, strike or other labor disturbance,
interruption of or delay in transportation, unavailability of or
interruption or delay in telecommunications of third party services, virus
attacks or hackers, failure of third party software (including, without
limitation, ecommerce software, payment gateways, chat, statistics or free
scripts) or inability to obtain raw materials, supplies, customer's
internet provider availability, or power used in or equipment needed for
provision of this SLA; Failure of access circuits to the PDXTC / Search Commander, Inc. network
or its upstream providers, unless such failure is caused solely by PDXTC / Search Commander, Inc.
or PDXTC / Search Commander, Inc.'s equipment; Scheduled maintenance and emergency maintenance and
upgrades; DNS issues outside the direct control of PDXTC / Search Commander, Inc.; Customer's acts
or omissions (or acts or omissions of others engaged or authorized by
customer), including, without limitation, custom scripting or coding
(e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or
use of the Services in breach of PDXTC / Search Commander, Inc.'s Terms of Service and Acceptable
Use Policy; E-mail or web mail delivery and transmission; DNS (Domain Name
Server) Propagation; Any other outages elsewhere on the Internet that
hinder access to your account;
PDXTC / Search Commander, Inc. is also not responsible for browser or DNS caching that may make
your site appear inaccessible when others can still access it. PDXTC / Search Commander, Inc. will
guarantee only those areas considered under the control of PDXTC / Search Commander, Inc.
Any and all available credits as a result of downtime will be credited
only to the Customer's PDXTC / Search Commander, Inc. account and refunded to the Customer's credit
card or PayPal account. Any customer choosing to leave PDXTC / Search Commander, Inc. service as a
result of a downtime, will forfeit all credit's and account balances as
they will no longer have a PDXTC / Search Commander, Inc. account.
Web Site Availability
Downtime in calendar month
99.9 to 100%
0 to 43 minutes
99.8 - 97.9%
43 o 14 hrs 24 min
Over 14 hrs 25 min
To receive credit from a downtime, please send a request to
email@example.com with the date/time of the downtime as well as the
websites and services affected. Credits will only be issued on those
downtimes which have a valid downtime report, see above, which has been
posted to the proper locations. Any Credit requests must be received
within 7 days from the time that the applicable downtime report was posted
by PDXTC / Search Commander, Inc. staff. All PDXTC / Search Commander, Inc. accounts are limited to no more than one credit
per calendar month.