Toneee.com, LLC (Toneee.com) is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the Toneee.com network. the Toneee.com Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of Toneee.com's web hosting, reseller, dedicated server, co-location, e-commerce, and dial-up/dedicated access services.
The bolded section titles in this document are solely for convenience only and have no legal or contractual effect. We reserve the right to modify or clarify any part of this document for any reason.
Toneee.com strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is is calculated solely by Toneee.com monitoring systems or Toneee.com authorized/contracted outside monitoring services. If Toneee.com fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case-by-case basis. Toneee.com will credit a full month's service. Details on how credit amounts are calculated can be found below.Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Toneee.com network caused by or associated with:
- Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (i.e. fire, flood, earthquake, tornado, etc.), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
- Telco Failure (ie. Verizon cutting a fiber line somewhere)
- Backbone peering point issues (i.e. UUnet router failure located in Virginia, directly or indirectly resulting in outages throughout the entire East Coast)
- Scheduled maintenance for hardware/software upgrades
- DNS issues not within the direct control of Toneee.com
- Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of Toneee.com service(s) in breach of any Toneee.com policy or guideline, by Client or others authorized by Client.
Toneee.com will periodically (on average every 10 minutes) monitor the Toneee.com network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that that such measurements may not measure the exact path traversed by Client's internet connection, and that such measurements constitute measurements across the Toneee.com network but not other networks to which Client may connect. Toneee.com reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by Toneee.com and made available to Client.
Toneee.com stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. Toneee.com utilizes only name brand hardware of the highest quality and perfomance. Toneee.com will replace all faulty hardware affecting performance levels of equipment within 12 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within three hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site Cisco engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current Toneee.com and partners' contracts with Cisco and backbone providers in regard to the emergency repair service in case of such an issue. Toneee.com will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades.
Credit requests must be made on the Toneee.com web site, by emailing to billing@toneee.com. Each request in connection with network/server outages/downtime must be received by Toneee.com within five days of the occurrence. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by Toneee.com within five days after the end of such month. The total amount credited to a Client forToneee.com not meeting SLA service levels will not exceed the service fees paid by Client to Toneee.com for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after Toneee.com's receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by Toneee.com. Upon Client's request (in accordance with the procedure set forth below),Toneee.com will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to Toneee.com and confirmed by Toneee.com's measurement reporting. Such credit will be equal to one MONTH's worth of service. If Average Round-Trip Latency on the Toneee.com network for a calendar month exceeds 85 milliseconds, then upon Client's request,Toneee.com will issue a credit to Client equal to one MONTH's worth of service. If Average Packet Loss exceeds 1% during a calendar month, then upon Client's request, Toneee.com will issue a credit to Client equal to one MONTH's worth of service. Note that suspended and terminated accounts are not eligible for credits under and circumstance.
Your account can be cancelled by contacting us via telephone or via email confirmation. Other methods of cancellation are not valid. Once formal cancellation is submitted, your account will be cancelled. Once cancelled, your domain information may be irretrievable.
Toneee.com reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, Toneee.com makes no claims regarding the availability or performance of the Toneee.com network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by Client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by Client, is above and beyond this SLA, and Service Agreement terms are in effect, including, but not limited to, limitations of liability.