This WebSite Availability Service Level Agreement applies to Neuroscape Communications accounts in good financial standing ("Service").
Neuroscape Communications endeavors to have the content of your web site available for
http access by third parties 99% of the time ("Web Site Availability").
In the event that there is no WebSite Availability, Neuroscape Communications will
credit the monthly service charge for the Service as calculated below and as
measured 24-hours a day in a calendar month, with the maximum credit not to
exceed the monthly service charge for the affected month:
|Web Site Availability
|95% to 99%
|90% to 94.9%
|85% to 89.9%
|| 50% |
|84.9% or below
In order for you to receive a credit on your account, you must request such credit within five (5) business days of experiencing no WebSite Availability. You must request credit by sending an electronic mail message to email@example.com . For security, the body of this message must contain your domain name, the dates and times of the unavailability of your web site, and such other customer identification requested by Neuroscape Communications. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event that there is no WebSite Availability.
Credits shall not be provided to you in the event that you have no WebSite
Availability resulting from (i) scheduled maintenance as scheduled from time to
time between Neuroscape Communications and the customer, (ii) your behavior or the performance
or failure of your equipment, facilities or applications (including coding), or
(iii) circumstances beyond Neuroscape Communicationsís reasonable control, including, but
not limited to, acts of any governmental body, war, insurrection, sabotage,
embargo, fire, flood, strike or other labor disturbance, interruption of or
delay in transportation, unavailability of interruption or delay in
telecommunications or third party services (including DNS and/or DOS propagation), failure
of third party software or hardware or inability to obtain raw materials,
supplies, or power used in or equipment needed for provision of your Web Site.