General

Nothing in this Hosting Confidence Guarantee precludes any term or condition in the Netaxxs Terms of Service. To the extent of any inconsistency between this Guarantee and the Terms of Service, the latter shall prevail.

Global Network Uptime Hosting Confidence Guarantee

Netaxxs guarantees network uptime to be 99.9%. This guarantee assures that all major routing devices within our network are reachable from the global internet at least 99.9% of the time. This term does not apply to 'Integral' hosting.

Virtual Server Hosting Confidence Guarantee

Netaxxs guarantees 99.9% server and network uptime on 'VPS 1', 'VPS 2', 'VPS3', and all Reseller web hosting plans. In the event that we do not meet this uptime guarantee, we will issue a credit for ten times the actual amount of additional downtime. The total compensation will not exceed your monthly recurring charge (or, in the case of annual or other payment schedules, your pro-rata monthly charge).

Netaxxs guarantees 99.95% server and 100% network uptime on our standard web hosting plans. In the event that we do not meet this uptime guarantee, we will issue a credit for thirty times the actual amount of additional downtime. The total compensation will not exceed your monthly recurring charge (or, in the case of annual or other payment schedules, your pro-rata monthly charge).

Virtual Private Server Hosting Confidence Guarantee

Netaxxs guarantees 99.9% server and network uptime on all Virtual Private Server web hosting plans. In the event that we do not meet this uptime guarantee, we will issue a credit for ten times the actual amount of additional downtime. The total compensation will not exceed your monthly recurring charge (or, in the case of annual or other payment schedules, your pro-rata monthly charge).

Dedicated Server Hosting Confidence Guarantee

Netaxxs guarantees that if your dedicated server should exhibit hardware failure, the faulty hardware will be replaced within eight hours of identifying the problem. In the event that we do not replace the hardware within that timeframe, we will issue a credit for ten times the actual amount of additional downtime. The total compensation will not exceed your monthly recurring charge (or, in the case of annual or other payment schedules, your pro-rata monthly charge). This guarantee does not extend to time required to perform additional software-related maintenance, including rebuilding accounts, restoring backups or rebuilding raid arrays.

Exceptions

Many possible downtime situations are completely beyond the control of Netaxxs, and therefore are not in the scope of this Guarantee. These situations include, but are not limited to:

Scheduled Network Maintenance -- Scheduled maintenance periods are not eligible for SLA credits.

Hardware Maintenance -- At times, hardware on your server(s) may need maintenance or replacement. Downtimes in these situations are not eligible for SLA credits.

Software Maintenance -- Occasional required software updates may need to be installed. Downtime for these purposes is not eligible for SLA credits.

Malicious Attacks -- If a third party not associated with Netaxxs initiates a "Denial of Service" or other form of disabling attack against any server or major portion of our network, we resolve to do everything in our power to stop the attack, but cannot guarantee a resolution time. Downtime in these events is not counted towards SLA credits.

Control Panel Issues -- If you choose to run Plesk, cPanel and/or Web Host Manager on your server, downtime due to automatic updates of Plesk/cPanel and related software does not count towards SLA credits.

Simultaneous Network and Server Downtime

Simultaneous Network and Server Downtime will not be considered aggregated for any purpose. (That is, 1 hour of network downtime concurrent with 1 hour of server downtime will not be considered 2 hours of total downtime, but rather, 1 hour of downtime.) Such simultaneous downtime will be classified as network or server downtime at Netaxxs sole option.

Remedies

In the event that we are not able to maintain our service guarantees per the terms stated above, you will become eligible to request compensation for downtime. If Netaxxs is directly responsible for causing the downtime, and the downtime is not due to an exception within the scope of such exceptions as listed above, the subscriber is eligible for downtime/SLA credits.

Any claims for downtime/SLA credits must be reported within 35 days of a downtime incident, in the case of Virtual and Virtual Private Servers, and within 5 days in the case of Dedicated Servers. All claims must specifically cite the date and time of the downtime to the most precise extent possible. Downtime/SLA credits will be posted to your account within 90 days of a downtime report being confirmed by Netaxxs as contravening this guarantee.

You agree that your sole and exclusive remedy to any issues relating to this Guarantee, beyond the downtime/SLA credits guaranteed above, is to discontinue using the Service.

Legal

This Hosting Confidence Guarantee is subject to change without any prior notification.

This Guarantee is a legally binding contract between you as a subscriber to our services, and us, Netaxxs.

By opening an account, all subscribers agree to the above-stated terms.

By opening an account, all subscribers further agree that anything not listed in this guarantee or the Terms of Service is open to interpretation and change by Netaxxs administrators without prior notice.