Service Level Agreements (SLA) ToeHosting ©2006

Service Level Agreements (SLA)

ToeHosting provides Hosting Solutions. ToeHosting will make every effort to ensure content of your Web site is available and to meet certain guarantees posted through our agreements and contracts you agree to, from This Service Level Agreement is not exhaustive and ToeHosting (The Outer Edge Corporation) reserves the right to modify this SLA at any time, effective upon posting of the modified SLA at www.toehosting.com. This Service Level Agreement ("SLA") outlines those agreements and guarantees. The Outer Edge Corporation retains sole discretionary power when determining if a guarantee has not been met.

Shared & Reseller Hosting 99% Network Uptime Guarantee

(A) Coverage
This 99% uptime guarantee applies to any ToeHosting client who is in good financial standing with The Outer Edge Corporation (ToeHosting) at the time of a service outage.

(B) Service Level Agreement & Specifications
The Outer Edge Corporation (ToeHosting) will make every effort to have the content of your web site available for http access to everyone in the world 99% of the time. Network downtime (unavailability) is defined as 100% packet loss from ToeHosting to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via ToeHosting’s online network tracking system. If the tracking system itself is unreachable, a trouble ticket must be started by notifying the ToeHosting NOC. ToeHosting administrators will determine the end of the downtime by a trace-route to the customer's machine from outside the ToeHosting network. (Note: Just because you cannot obtain or reach your servers, does not constitute downtime as there may be routes down between you and the actual servers which could be actually online and available, and this does not constitute actual downtime and part of the uptime guarantee)

(C) Credits
a. Shared Hosting - In the event that your web site is not available for more than 99%, The Outer Edge Corporation (ToeHosting) will credit the following month's service fee as follows. For any shared hosting client, 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.

Monthly Uptime Credit
90% to 98% 10%
89% to 80% 20%
79% or below 50%

In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the downtime by reporting an accurate detailed Trouble Ticket of downtime. Credits will usually be applied within sixty (60) days of your credit request only if your request is approved via e-mail by a ToeHosting Administrator. Credit to your account shall be your sole and exclusive remedy in the event of an outage.

(D) 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 ToeHosting’s 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, e-commerce 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 ToeHosting Network;

c. Scheduled or Non-Scheduled maintenance and emergency maintenance and upgrades;

d. DNS issues outside the direct control of ToeHosting;

e. Issues with FTP. POP, IMAP, or SMTP customer access;

f. False SLA breaches reported as a result of outages or errors of
any ToeHosting (The Outer Edge Corporation) measurement system;

g.    Customer'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 ToeHosting (The Outer Edge Corp)
       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. ToeHosting is not responsible for browser or DNS caching that may
       make your site appear inaccessible when others can still access it. ToeHosting
       will guarantee only those areas considered under the control of ToeHosting:
       ToeHosting server links to the Internet, ToeHosting routers, and ToeHosting
       servers.

Blacklisted & Spamhaus Listed Client Policy of Acceptance:

ToeHosting reserves the right to cancel services at any time if a customer is or has previously been listed in the "Spamhaus.org" and other "Blacklists" around the web for abuse. Under no circumstances will a client be refunded for services if they are shown as blacklisted. You also waive all rights for your refund since you are known as an abuser of servers and previous webhosting companies. THERE ARE NO REFUNDS AND ZERO TOLERANCE FOR BLACKLISTED USERS EVEN IF YOU SIGNUP AND PAY FOR FIRST MONTH OF SERVICES. All clients who have been listed as a "Blacklisted or Spam, Abusive and Risk" will be notified within the first 7 days of services for confirmation and a e-mail of acceptance and review must be completed within a 48 hours of email from ToeHosting. The customer must then complete a return e-mail regarding "Spam Abuse" back to ToeHosting.com. After this e-mail has been returned the client agrees that if another occurence (Regardless of previous, current or future (all) )of being Blacklisted or Abuse from any provider of webhosting/company or any listing agency around the world, The client will lose all rights of protection and services from ToeHosting and Termination of Account is effective Immediately.

Domain Name Registration SPAM Compliance

Penalty of Domain Name Registration Suspensions: Depending on the severity of your SPAMMING, toehosting Hosting (The Outer Edge Corporation) reserves the right to charge you SPAM FINE fees per domain, per each SPAM Occurence reported to us from Any company or Registrar that report e-mails of your domain name that is registered through toehosting Hosting (The Outer Edge Corporation). The fee structure is provided below of SPAM Suspension for Domain Names Hosted or Non Web-Hosted on toehosting Hosting (The Outer Edge Corporation) networks:

1st Report of Spam Notice / Suspension: $25.00 per each domain name reported for spam
2nd Report of Spam Notice / Suspension: $50.00 per each domain name reported for spam
3rd Report of Spam Notice / Suspension: $100.00 per each domain name reported for spam

(NOTE - Domain Names and ALL DOMAIN NAMES ON ACCOUNT* can be suspended from 7 days to permenantly for SPAM at anytime until Customer promises with e-mail or written documentation that they will not spam or cause problems in relation to SPAM again. Failure to comply with domain name Registrars request on behalf of toehosting Hosting (The Outer Edge Corporation) will result in total account suspension of ALL domain names on account or sub-accounts/resellers without given notice and will result of some domains that were suspended by Registrar to never be back in originating owner because of Failure to comply with SPAM policies of toehosting Hosting (The Outer Edge Corporation) policies regarding SPAM. ALL FEES must be paid before suspensions /cancellations of domain names would be released back to customer, or domain names will revert to permanent Suspension pending report of being blacklisted to all major listing agencies online if customer fails to comply with SPAM policies of toehosting Hosting (The Outer Edge Corporation). toehosting Hosting (The Outer Edge Corporation offers no guarantees if Domain names are suspended to be released back to customer from registrar or registrars they are hosted as result to SPAM or other related issues that arrise due to ABUSE of their domain name registration services.

* = After 3rd Notice from Registrar or report of spam the whole account for client will be suspended and all Domains on clients account will be suspended until client pays Suspension fees imposed by toehosting Hosting (The Outer Edge Corporation to remain in good standing along with written e-mail letter they will not spam and acknowledge all rules and policies against SPAM.

Loss of Data, Damages & Revenue

The Outer Edge Corporation (ToeHosting) does not compensate anyone for any reason; loss of data, damages, or replacement of loss revenue. It is up to each customer to backup and verify their services daily and monthly to prevent such losses from occuring. You also agree and affirm that if your actions are found to have caused damages to (ToeHosting) The Outer Edge Corporation's equipment/servers/software/hardware, your account can be automatically Terminated without given notice, and hold you responsible for payment of compensation for any and all damages caused to the server, hardware, software up to the amount of $500,000 US Dollars.

Access Fee Definitions

For shared hosting & reseller customers, the access fee consists solely of the base monthly fee paid by customer for standard server packages, including the use of the server, the use of electricity to the extent provided to the customer without additional charge, and up to the amount of data transfer allowed each month without additional charge. The access fee for purposes of the SLA credit excludes all other fees which might be charged to the customer, including, without limitation, charges relating to managed services, incremental bandwidth usage and fees for electricity, extra IP addresses, RAM, or hard drives beyond that which is available without additional charge under ToeHosting standard rates. This list of potentially excluded fees is offered solely for purposes of illustration and not by way of limitation.

The access fee for all other customers is the base monthly access fee paid by customer for use of the applicable ToeHosting service at the amount of data transfer allowed each month without additional charge, excluding set-up fees, fees for additional services, and for server and other types of options. Such excluded fees will vary by the type of applicable service, and could consist of fees for local loop, extra and/or burstable bandwidth, add-on components, extra IP addresses, hourly support charges, electricity when an additional fee is charge for such an item, and managed services. This list of potentially excluded fees is offered solely for purposes of illustration and not by way of limitation.