This Web Site Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered SmartMachines, Smart Appliances, and/or Virtual Machines from Joyent (the "Services") and your account is current (i.e., not past due) with Joyent As used herein, the term "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 hosted system is available for access by third parties via HTTP and HTTPS, as measured by Joyent.
Goal: Joyent’s goal is to achieve 100% Availability for all customers.
Remedy: Subject to Sections 3 and 4 below, if the Availability of customer’s Services is less than 100%, Joyent will credit the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of customer’s monthly fee for the affected server).
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Availability caused by or associated with:
Joyent is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Joyent will guarantee only those areas considered under the control of Joyent: Joyent server links to the Internet, Joyent’s routers, and Joyent’s servers.
To receive a credit, the customer must make a request by sending an e-mail message to support@Joyent.com. The e-mail message MUST include the domain name of the customer’s account in the "Subject" line. Each request in connection with this SLA must include the customer’s account number (per Joyent’s invoice) and the dates and times of the unavailability of customer’s Web site and must be received by Joyent within ten (10) business days after the customer’s Web Site was not available. If the unavailability is confirmed by Joyent, credits will be applied within two billing cycles after Joyent’s receipt of the customer’s credit request. Credits are not refundable and can be used only towards future billing charges.
Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Joyent and are customer’s sole and exclusive remedy with respect to any failure or deficiency in the availability of the Services.
Note: Credits are not refundable and can be used only towards future billing charges.