This MyHostIndia.com Service Level Agreement ("SLA") applies to all shared and dedicated clients. The Client agrees that measurements via our third party establish the eligibility for any applicable Performance Credit. In the event that the Client determines that a discrepancy in such measurement exists, Client shall promptly notify MyHostIndia.com and Client will mutually agree upon the validity and accuracy of the measurement, and upon Client's eligibility for any applicable Performance Credits This SLA may be amended at any time by MyHostIndia.com. MyHostIndia.com Network is defined as the equipment, software, and facilities within the MyHostIndia.com network segment, including MyHostIndia.com’s contracted ISP services to which the MyHostIndia.com network segment is connected and collectively utilized by MyHostIndia.com to provide dedicated and co-location services Service Availability is the total time in a calendar month that the MyHostIndia.com is available through the Internet, provided that Client has established connectivity. MyHostIndia.com takes responsibility for the Service Availability within its immediate network segment, and cannot be held liable for problems directly related to an upstream bandwidth provider. The MyHostIndia.com Network will be available to clients free of Network Outages for 99.9% of the time Service Downtime is any unplanned interruption in Service Availability during which the Client is unable to access the services as described in preceding section, provided the interruption is determined to have been caused by a problem in the immediate MyHostIndia.com network segment as confirmed by MyHostIndia.com. Service Downtime is measured as the total length of time of the unplanned interruption in Service Availability during a calendar month. MyHostIndia.com is not responsible for any unplanned outages due to third-party software failure are the direct responsibility of the software publisher and not of MyHostIndia.com Scheduled Service Downtime is any MyHostIndia.com interruption of Hosting Services. Scheduled Service Downtime occurs during a MyHostIndia.com server maintenance window, which occurs in conjunction with a 24 hour notice to the Client via electronic communication. Performance Credit occurs when 99.9% uptime is not met. MyHostIndia.com will refund the customer 5% of the monthly fee for each 60 minutes of downtime. Network downtime is measured from the time a trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data. Monitoring Service is the service MyHostIndia.com provides in order to analyze availability of HTTP based services and applications through its third party monitoring system. Service Downtime Performance Credit In the event of Service Downtime in which monthly Service Availability is less than 99.9%, Client will receive a Performance Credit as described above. Service Exclusions This SLA does not cover Service Downtime caused by problems in the following: Service Downtime Exclusions The following are excluded from the monthly calculation of Service Availability: * Any utilized Scheduled Service Downtime |