This Hosting Service Level Agreement (“Agreement”) is a contract between the person or entity using the Company’s Services (“Customer”) and Laughing Rock Technology, LLC (“Company”) and applies to Customer’s use of the Company’s Services. Customer must read, agree with and accept all of the terms and conditions contained in this Agreement. The Company may amend this Agreement at any time by providing written notice to the customer.
- Services.For purposes of this Agreement, the services to be provided by the Company (“Services”) are those services which Customer requested be supplied by the Company and for which Customer agreed to pay.
- Technical Support.The Company provides Customer with technical support on setup of Customer’s account on one or more of the Company’s servers, access, and other server related issues to the primary technical contact free of charge. The Company does not provide support for web applications, third party software, scripts, or components from third parties or developed by Customer.
The Company’s servers are monitored 24 hours per day, 7 days per week, 365 days per year and support agents are available by email\phone during standard business hours. Emergency service for after-hours support issues is available via phone (emergency service calls may incur additional fees). For support via email, please send us a message with the full description of the problem and Customer’s account username. Please do not send multiple messages on the same issue. Email issues must be addressed to support@laughingrock.com. Email containing support issues sent to other departments such as billing or sales may not be answered. Standard email response times are up to 24 business hours from the time the email is received.
- Billing and other account related inquiries.All inquiries regarding the Company’s billing for its services should be sent to accounting@laughingrock.com.All inquiries regarding reselling the Company’s services, purchasing of new accounts and available discounts should be addressed to your company’s sales representative.
- Servers Availability.The Company is fully committed to providing quality service to all customers. To support this commitment, the Company provides the following commitments and tools related to this Agreement.
4.1 Application (Web) Server.
(a) Availability. The Company guarantees a 99.9% monthly average of scheduled availability of its Application (Web) Servers. Application (Web) Server availability is defined as Customer’s ability, via web browser\RDC Session, to access customer hosted content. Scheduled server maintenance is not considered downtime and hence is not factored in availability. Customer will be notified at least 24 hours in advance of scheduled maintenance or scheduled downtime. If end-user activities lead to server downtime, this is not considered downtime and hence is not factored in availability. Services not hosted directly by COMPANY are not included in this availability clause.
(b) Monitoring. The Company uses advanced monitoring software to actively manage server processes and proactively determines issues. If the server is considered non-operational, it is automatically rebooted. If rebooting the server does not solve the problem, it is immediately escalated to the Support Center.
Downtime of less than 5 minutes in duration is not recorded. The Company calculates server uptime based on this type of server monitoring.
4.2 Network Availability.
Network availability is defined as the Company’s network’s ability to pass incoming and outgoing TCP/IP traffic. A server’s unavailability caused by network unavailability is not included in server uptime. Interruptions of service due to problems on the backbone or on the Customer’s portion of the network are beyond the Company’s control and are not included in uptime calculations. Interruptions of service caused by denial of service or similar attacks are beyond the Company’s control and are not included in uptime calculations.
4.3 Scheduled Maintenance.
To guarantee optimal performance of the servers, the Company will perform maintenance on the servers on a routine basis. Such maintenance often requires taking Company servers off-line. Company reserves two hours of server unavailability per month for maintenance purposes. This server unavailability is not included in server uptime calculations. The maintenance typically is performed during off-peak hours. Company provides Customer with advance notice of maintenance whenever possible.
4.4. Penalty For Non-Compliance.
(a) Application Server Availability. Upon Customer’s notice to the Company, if availability of any server for the month is below the guaranteed level, the Company will refund to Customer, according to the schedule below, a portion of the monthly fees charged for the month during which such loss of server availability occurred:
Server availability 99.0% – 99.9%: 5% of monthly fee credited
Server availability 98.0% – 98.9%: 10% of monthly fee credited
Server availability 95.0% – 97.9%: 15% of monthly fee credited
Server availability 90.0% – 94.9%: 25% of monthly fee credited
Server availability 89.9% or below: 2.5% credited for every 1% of lost availabilityTo receive the refund, Customer must specifically request it during the month following the month for which the refund is requested. Customer must provide all dates and times of server unavailability along with Customer’s account username. This information must be submitted to the Company Support Department. The Company will compare information provided by Customer to the server availability monitoring data that the Company maintains. A refund is issued if the unavailability warranting the refund is confirmed.
(b) Maximum Total Penalty. The total refund to Customer for any Service shall not exceed 50% of the monthly fees charged to that Service during the month for which the refund is to be issued.
(c) Credits may not be issued if Customer account is past due, suspended, or pending suspension.
- Server Storage Capacity.Each account is allotted storage capacity on the Company’s servers according to the plan or options selected by Customer. This storage size can be increased via request to COMPANY sales associate. The servers may stop accepting, processing, or delivering data when the purchased limit is reached, thus causing server unavailability or data loss. The Company shall not be held responsible for such unavailability or data losses.
- Ownership of Data.
All data (a) created by Customer and/or (b) stored by Customer within Company’s applications and on the Company’s servers are Customer’s property and is for Customer’s exclusive use unless access to such data is permitted by Customer. The Company shall allow access to such data by authorized Company personnel and shall provide access in compliance with the Company’s Privacy Policy. The Company makes no claim of ownership of any web server content, e-mail content, or any other type of data contained within the Customer’s server space and applications on the Company’s servers. - Data Integrity.The Company employs sophisticated RAID techniques to ensure the integrity of the data on its servers, and the data is written to two disks simultaneously to prevent data loss in the event of hardware failure. Routine backups are performed for emergency recovery purposes only. Local backup copies of customer data will be created regularly on a pre-defined backup schedule. In addition, data snapshots will be taken daily and retained as space allows. Offsite data backup services are available for an additional fee.
In the event of data corruption, hardware failure or other data loss, the Company will make efforts to restore lost or corrupted data from server backups. The Company shall not be responsible for lost data or site content. The Company recommends that Customer maintain a local copy of all data uploaded or stored on the Company servers.
- Data Retention.The company shall not retain any of customer’s data after account termination. All data is deleted (a) from the servers at the time the account is terminated and (b) from back-ups during scheduled back-up rotation. The company shall not restore, “burn” to cd, or send out any data pertaining to terminated accounts.
- Customer Responsibilities.To access the Company Services Customer must provide to the Company the following minimum requirements:(a) an Internet connection with sufficient bandwidth and quality to allow trouble-free browsing and data uploading and downloading;
(b) a fully functional Internet browser;
(c) a fully functional POP/SMTP e-mail program (client);
(d) tools to access database servers if such services are purchased by Customer as part of the Services (ie: Windows Remote Desktop Client for Terminal Servers). - Confidentiality and Cooperation:All information provided to COMPANY by CUSTOMER shall be held in strict confidence. COMPANY agrees that neither it nor any of its agents, employees, or representatives shall publish or disclose, in whole or in part, any information provided by CUSTOMER to any person, firm, corporation or other entity for any reason unless authorized to do so in writing by CUSTOMER. CUSTOMER agrees that it shall cooperate in every reasonable way in order to expedite the graphic design and production schedule.
- Legal Agreement:Any controversy or claim arising from or relating to this agreement shall be settled by arbitration in the Commonwealth of Pennsylvania, according to Commercial Arbitration Rules of the American Arbitration Association. In the event that either party engages an attorney to enforce its rights as a result of a claim breach by the other, the prevailing party shall be entitled to recover its attorney’s fees and costs.
This agreement shall be governed by the laws of the Commonwealth of Pennsylvania and can be amended only in writing by both parties, and shall be binding on the parties, personal representatives, and assigns.
