First2Host
Service Level
Agreements

Product Specific SLAs;

The First2Host Service Level Agreement (SLA) outlines the expectations and responsibilities between First2Host and our customers. The Service Level Agreement (“SLA“) applies separately to each Customer using High Availability Software Clusters, High Availability Web Hosting, NVMe VPS Servers, Dedicated Servers and High Availability VPS Servers (Public Cloud). Should a conflict between the terms of this SLA and the First2Host Terms of Service occur, this SLA will take precedence. But only to the extent of such conflict.

First2Host will use commercially reasonable efforts to ensure that the type of applicable product identified below is “Available” during a given calendar month equal to the “Monthly Availability Commitment” for such First2Host Service as outlined in the table below. In the event any First2Host Service does not meet the Monthly Availability Commitment, You will be eligible to receive a Service Credit as described below*.

Calculation of Availability

The Monthly availability Percentage is calculated by subtracting from 100% the percentage of minutes during the month in which any type of First2Host Service was unavailable. Monthly Availability Percentage measurements exclude unavailability resulting directly or indirectly from any unavailability exclusion (as defined below).

SLA Credits

First2Host Service Credits are calculated as a percentage of the total Fees paid by You (excluding one-time payments) for First2Host Service for the calendar month in which the Unavailability occurred per the schedule below.

Request a Service Credit

1. To request a Service Credit, You must file a support request within sixty (60) calendar days of the suspected incident via the First2Host client area.
2. If the Monthly Availability Percentage of such a request is confirmed by First2Host and is less than the Monthly Availability Commitment, then First2Host will issue the Service Credit to You within forty-five (45) calendar days after which your request is confirmed by First2Host. First2Host’s monitoring tools (PRTG) &(CheckMK), data and records will be the sole source of information used to track and validate Availability.
3. Service Credits will be issued to the person or entity that First2Host invoices for the applicable service, as a separate credit that can be applied towards a future invoice generated by FIrst2Host. If your Service expires or is terminated before the issuance of a Service Credit, the Service Credit will become void as of the date of the expiration or termination.
4. You will not be eligible to receive a Service Credit if: (i) Your Account has any payments for the FIrst2Host Service that are delinquent, (ii) You are in violation of the Terms of Service during the time of the incident, or (iii) the incident was due to Your failure to meet your responsibilities as set forth in the Terms of Service.
5. The Service Credits specified in this SLA are Your sole and exclusive remedies for any incident occurring during your Service Term for the First2Host Service or for any other claim in connection with this SLA. In no event will the amount of Service Credits issued for all incidents within a given month exceed 100% of the monthly invoiced amount for the First2Host Services.

Unavailable and Unavailability Exclusions

A First2Host Services will be considered “Unavailable” or in a state of “Unavailability” when the First2Host Services has no external connectivity.

1. The following (each an “Unavailability Exclusion“) will be excluded from any time-based calculations related to the First2Host Service being Unavailable:
   
   1. scheduled, recurring, or zero-impact maintenance windows;
   2. Unavailability due to Your misuse of the First2Host Service;
   3. Unavailability that results from Your facilities, equipment, software, or other technology and/or third-party facilities, equipment, services, software, or other technology (other than third-party equipment within First2Host’s direct control);
   4. Unavailability arising from Your use of an outdated release of First2Host Services or third-party software, or any failure to install a material Update to either of the foregoing;
   5. Unavailability caused by third-party service or facility providers, including any telecom, internet, or other related service or facility provider, or packet loss, network, or Internet problems beyond First2Hosts network;
   6. Denial of service attacks, virus or hacking attacks, or bugs in code, hardware, or services for which there is no commercially reasonable, known solution (even if there is a known workaround); and
   7. Force majeure events or any other event that is not within First2Host’s direct control or that could not have been avoided with commercially reasonable care.

First2Host will use its best efforts to communicate downtime events before scheduled, recurring, or zero-impact maintenance windows as described above, however, this will not always be possible. Without limiting the foregoing, service interruptions due to emergency maintenance will constitute Unavailability Exclusions equivalent to scheduled maintenance windows, provided that (1) First2Host notifies You of such emergency maintenance as soon as possible and (2) downtime due to emergency maintenance does not exceed Eight (8) hours in any month.