This Service Level Agreement ("SLA") is an integral part of the XFLAREHOSTING LLC Terms of Service ("ToS") and applies to eligible Services purchased by You from XFLAREHOSTING LLC ("Company," "We," "Us," or "Our"). This SLA sets forth Our commitment to providing a certain level of availability for the Services and outlines Your remedies if We do not meet this commitment.
By using the Services, You acknowledge that You have read, understood, and agree to be bound by the terms of this SLA. If You do not agree, please do not use the Services.
Capitalized terms used in this SLA that are not defined herein shall have the meanings ascribed to them in the ToS.
1. Scope of this SLA
This SLA applies to the following specific XFLAREHOSTING LLC Services purchased by You:
- Web Hosting (Shared Hosting Plans)
- VPS Hosting (All Managed and Unmanaged VPS Plans)
- Dedicated Servers (All Dedicated Server Plans)
- Game Server Hosting (including Minecraft Server Hosting and Discord Bot Hosting)
This SLA explicitly excludes and does NOT apply to any unavailability or performance issues related to:
- Services not specifically listed as covered in the scope above.
- Any Service that is provided free of charge, or is designated as beta, alpha, trial, or promotional.
- Any Service that has been suspended or terminated due to Your breach of the ToS, AUP, or any other applicable policy.
- Issues arising from third-party software or services installed or used by You on the Services.
- Your equipment, software, or internet connectivity.
- External network conditions or internet routing issues outside of Our direct control.
- Any actions or inactions by You that cause unavailability or performance issues.
2. Uptime Guarantee
We guarantee that the eligible Services will achieve a Monthly Uptime Percentage of at least 99.9% during any given calendar month.
The "Monthly Uptime Percentage" is calculated using the following formula:
Monthly Uptime Percentage = [(Total Minutes in Month - Downtime Minutes) / Total Minutes in Month] * 100
"Downtime Minutes" refers to the total accumulated minutes during a calendar month for which an eligible Service is "Unavailable."
A Service is considered "Unavailable" if:
- For Web Hosting (Shared Hosting): Your primary website hosted on the Service is unresponsive or unreachable via HTTP or HTTPS from multiple external monitoring locations for a continuous period of 10 minutes or more.
- For VPS Hosting: Your VPS instance is unresponsive to network pings (ICMP) or SSH/RDP connections from Our monitoring systems for a continuous period of 10 minutes or more.
- For Dedicated Servers: The server hardware is unresponsive or unreachable via network protocols (e.g., ping, SSH, RDP) from Our monitoring systems for a continuous period of 10 minutes or more, and the issue is not due to Your operating system, software configuration, or actions.
- For Game Server Hosting (including Minecraft Server Hosting and Discord Bot Hosting): The primary game server process or bot process provided by Us is unresponsive or inaccessible to external connections for a continuous period of 10 minutes or more, provided the issue is not caused by game-specific bugs, third-party plugins/mods, or Your configuration.
3. Exclusions from Downtime
Notwithstanding Section 2, Downtime Minutes shall NOT include any unavailability of the Services caused by or resulting from:
- Scheduled Maintenance: Planned maintenance activities for hardware, software, or network infrastructure upgrades, updates, or repairs. We will provide advance notice of scheduled maintenance whenever possible, typically at least 48 hours in advance, via email or announcement on Our status page.
- Emergency Maintenance: Unscheduled maintenance deemed necessary by Us to address critical security vulnerabilities, prevent imminent service disruption, or resolve other unforeseen operational issues. We will attempt to notify You in advance if possible, but notice may not always be feasible during emergencies.
- Force Majeure Events: Any event or circumstance beyond Our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, electrical or power outages, utility failures, telecommunications failures, earthquakes, storms, or other elements of nature.
- Customer-Caused Issues: Any unavailability resulting directly or indirectly from:
- Your breach of the ToS, AUP, or any other applicable policy.
- Your exceeding the resource limits of Your Service plan.
- Your configuration errors, incorrect application settings, or mismanagement of Your Service (e.g., OS errors, software crashes, firewall misconfigurations).
- Your use of third-party software, scripts, or applications that cause instability or performance issues.
- Your failure to pay applicable fees for the Services.
- Your actions or omissions that violate applicable law.
- Third-Party Attacks: Unavailability caused by Denial-of-Service (DoS) or Distributed Denial-of-Service (DDoS) attacks, hacking attempts, or other malicious activities targeting Your Service or Our network, provided that We have implemented industry-standard security measures to mitigate such attacks.
- Beta or Trial Services: Unavailability of any Services provided on a beta, trial, or promotional basis.
- External Network Issues: Issues with Your internet service provider (ISP) or the broader internet beyond Our network boundaries and control.
- Specific Service Limitations: Any limitations inherent in the specific Service plan You have chosen (e.g., limitations on concurrent connections, specific software versions, or features not included in Your plan).
4. Remedies for Uptime Guarantee Failure
If the Monthly Uptime Percentage for an eligible Service falls below the guaranteed level in a given calendar month, You may be eligible to receive a service credit as Your sole and exclusive remedy for such unavailability.
The amount of the service credit will be calculated as a percentage of the monthly fee paid by You for the specific affected Service during the calendar month in which the Uptime Guarantee was not met. The credit tiers are as follows:
| Monthly Uptime Percentage | Service Credit Percentage | | :---- | :---- | | Below 99.9% but >= 99.5% | 5% of the monthly fee for the affected Service | | Below 99.5% but >= 99.0% | 10% of the monthly fee for the affected Service | | Below 99.0% | 25% of the monthly fee for the affected Service |
Credit Request Process:
To receive a service credit, You must submit a request to Our billing department within thirty (30) days following the end of the calendar month in which the Uptime Guarantee was not met. Your request must include:
- Your full name and account number.
- The specific eligible Service affected.
- The dates and times of the claimed unavailability, with as much detail as possible.
- A brief description of the issue experienced.
We will review Your request and determine eligibility based on Our monitoring systems, logs, and records. Our data is the definitive source for measuring Service availability. Service credits will be applied to a future invoice for the affected Service. Service credits are non-refundable, non-transferable, and cannot be exchanged for cash.
The maximum service credit awarded in any calendar month for a single eligible Service will not exceed one hundred percent (100%) of the monthly fee paid by You for that specific Service for that month.
5. Monitoring and Reporting
We utilize internal and, in some cases, external monitoring systems to track the availability and performance of Our Services. These systems are used to determine the Monthly Uptime Percentage and assess eligibility for service credits. We monitor network connectivity, server health, and key service protocols (like HTTP/S, ping, SSH, RDP, and relevant game server ports) from multiple geographic locations. We do not provide raw monitoring data to customers as the basis for SLA claims.
6. Changes to this SLA
We reserve the right to modify this SLA at any time. We will indicate changes by updating the "Last Updated" date at the top of this document. Significant changes may also be communicated via email or announcement on Our website or status page. Your continued use of the Services after changes become effective constitutes Your acceptance of the revised SLA. Please review this SLA periodically.