Service Level Agreement (SLA)

Here at FRC Hosting we use only top quality servers, switches, and routers. This translates into great reliability and uptime. As a result, within our own server farm and facilities that are under our own control and management, we guarantee that our network will be up and functioning 100% of the time. We also have a 100% Data Center systems guarantee.

To be eligible for this SLA, your account must be in good standing. All requests for credit or refunds should must fulfill these requirements: - Request must be submitted using the ticket system - Request must be submitted within 7 days of the issue in question - Your request must include a ticket number to reference that shows the issue being reported and acknowledged.

Network Guarantee

We guarantee that the network will be available 100% of the time in a given month (this does not include functionality of software/services on a server), excluding scheduled maintenance. If network downtime occurs the customer will be refunded 5% of their monthly fee for every 60 minutes of downtime, up to 100% of the customer's monthly fee.

Network uptime includes functioning of all network infrastructure including routers, switches and cabling, but does not include services, daemons, software running on your server, or hardware failure on a server. Network uptime means the network itself will be up and available. In situations where a client runs a cluster or redundant server they can take advantage of the 100% uptime guarantee by eliminating a single point of failure in their hardware.

We are not responsible for outages or circumstances beyond our control that hinder access to your site or server. The following are excluded from the monthly calculation of Service Availability: - Scheduled downtime or maintenance (kernel, software updates, hardware upgrades or replacement) - Traffic conditions on the Internet outside our network - ISP or local problems such as Browser or DNS caching - DDoS, Attacks, Exploits or hacked servers - An outage from an upstream facility outside of our network - Interruptions or failure of individual service caused by client, their employees, client's customers, friends, or family to their service. - Inaccurate installation or configuration of software by the client or non-staff, 3rd party software, client abuse or over utilization of resources.

Data Center (NOC) Guarantee

We guarantee that the critical systems, including power and HVAC, will be available 100% of the time in a given month, excluding scheduled maintenance. We will refund the customer 5% of the monthly fee for each 60 minutes of downtime (up to 100% of customer's monthly fee).

Critical systems includes functioning of all power and HVAC infrastructure including UPSs, PDUs and cabling, but does not include the power supplies on customers' servers. NOC downtime exists when a particular server is shut down due to power or heat problems and we record such a failure in the support ticket system.

Hardware Guarantee - (Dedicated Server clients only!)

We guarantee the functioning of all leased hardware components and will replace any failed component at no cost to the customer. Hardware replacement will begin once we identify the cause of the problem. Hardware replacement is guaranteed to be complete within 2 hours of problem identification. This guarantee of 2 hours does not include additional actions such as software installations, OS reinstalling, or other data or backup services. In the event that it takes us more than 2 hours to replace faulty hardware, we will refund the customer 5% of the monthly fee for each 60 minutes of downtime (up to 100% of customer's monthly fee).

Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease.

Occasionally servers and systems must be brought down for routine maintenance and upgrades to ensure that your site will perform optimally. However, we strive to keep such service interruptions to a minimum, and, when possible, give you advance notice of scheduled any maintenance. Scheduled service outages do not qualify for this guarantee! Additionally, this guarantee is your remedy for any unscheduled downtime of more than limits outlined above. Downtime must be confirmed by a staff member in our support system. Maximum credit given will not exceed the amount of the charge for the customer service with us. The credit will be applied to your invoice on your next due date. Downtime is measured from the time the customer records such failure in the support ticket system and until a resolution is provided in that ticket.

Liability and Warranty

We are not responsible for any damages you or your business may suffer. We do not make implied or written warranties for any of our services. This includes loss of data resulting from delays, non-deliveries, wrong delivery, any and all service interruptions regardless of cause. The client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, client agrees that the company shall not be liable for any damages arising from such causes. You further acknowledge that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Indemnification

Client agrees to defend, indemnify, and hold FRC Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, our agents, our customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, our agents, employees or assigns.

Governing Law

This Agreement will be governed by and construed in accordance with the laws of Texas, without regard to the principles of conflicts of law. The language of this Agreement shall be deemed to be the result of negotiation among the parties and their respective counsel and shall not be construed strictly for or against any party. Each party (i) agrees that any action arising out of or in connection with this Agreement shall be brought solely in courts of the State of Texas, in , or the United States District Court for the State of Texas, (ii) hereby consents to the jurisdiction of the courts of the State of Texas and the United States District Court for the State of Texas, and (iii) agrees that, whenever a party is requested to execute one or more documents evidencing such consent, it shall do so immediately.

Modifications

These terms may be modified at any time with notice. All users are always subject to the newest terms posted here at all times. It is the end users responsibility to be aware of the latest terms of service and other policies at all time. It is our responsibility to provide these policies in a ready and readable form. We will, when possible, elect to notify clients of updates or changes to our policies in various mediums available including but not limited to; email, forums, ticket systems, and chats. We reserve the right to revise, amend, or modify this AUP/TOS and our other policies and agreements at any time and in any manner. If any terms or conditions are failed to be followed the account in question will be automatically deactivated. Notice of any revision, amendment, or modification will be posted in accordance with these policies.