Eclair Omnimedia Service Level Agreement (SLA) for Enterprise Class Hosting and Email

Note: SLA is not available on Economy Shared Hosting, Starter Shared Hosting, Managed Shared Hosting, and Complimentary Hosting.

Eclair Omnimedia Corporation ("We", "Us" or "Our") endeavors to have the content of its subscribers' (the "Subscribers" or "you" or "your") web site available and to meet certain guarantees of the company. This Service Level Agreement ("SLA") outlines those agreements and guarantees. We retain sole discretionary power when determining if a guarantee has not been met. 99.9% Uptime Guarantee

(1.) Coverage

This 99.9% uptime guarantee applies only to any of Our customer in good financial standing with Us at the time of a service outage.

(2.) Service Level Agreement & Specifications

We endeavor to have the content of your web site available for http access by any party in the world 99.9% of the time. Network downtime (unavailability) is defined as 100% packet loss from Us to Our backbone providers. Systems downtime is defined as your web site being completely unreachable by http due to server failure or errors.

Downtime is measured past 10 minutes after notification of failure to Our Network Operations Center.

Our administrators will determine the end of the network downtime by traceroutes to major Internet backbones. The end of systems or network downtime will be determined by successfully loading the web site via a standard web browser by Our administrators.

(3.) Credits

In the event that your web site is not available for more than 99.9%, We will credit the following month's service fee as follows. For any Subscriber, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed fifty (50) percent of the monthly service charge for the affected month.

In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by sending an electronic mail message to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . For security, the body of this message must contain your account name, the dates and times of the unavailability of your website, and such other customer identification requested by Us. Credits will usually be applied within thirty (30) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.

(4.) Restrictions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:

a. circumstances beyond Our reasonable control, 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 or 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, or power used in or equipment needed for provision of this SLA;

b. failure of access circuits to the Our network, unless such failure is caused solely by Us;

c. scheduled maintenance and emergency maintenance and upgrades;

d. DNS issues outside Our direct control ;

e. issues with FTP. POP, IMAP, or SMTP Subscriber access;

f. false SLA breaches reported as a result of outages or errors of any Our measurement system;

g. Subscriber'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 Our Terms and Conditions and Acceptable Use Policy;

h. e-mail or webmail delivery and transmission;

i. DNS (Domain Name Server) Propagation.

j. outages elsewhere on the Internet that hinder access to your account. We are not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. We will guarantee only those areas considered under Our control: Our server links to the Internet, Our routers, and Our servers.