SLA

Service Legal Agreement

Own Web Now Corp's Service Level Agreement ("SLA") is provided to give our customers and users a clear understanding regarding the reliability of our service.

Own Web Now Corp ("The Company") agrees to furnish services to the Subscriber, subject to the following SLA (Service Level Agreement).

Use of Own Web Now Corp Service constitutes acceptance and agreement to Own Web Now Corp's AUP as well as Own Web Now Corp's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Own Web Now Corp. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Florida, county of Orange applicable to contracts enforceable in that state. Venue will be Orange County, Florida.

Escalation Procedures - Urgent (1 hour response time) addressing issues that result in complete outage of the business. High (2 hour response time) addressing issues that are affecting almost every service. Normal (4 hour response time) addressing issues that are affecting a large number of services, have gone past the uptime guarantee. Low (same day response) for issues impacting a small number of users. Please understand that just because an issue is urgent to you, or if the issue impacts a really important person at the organization it does not warrant any higher of a response than the normal (4 hour response time) status. If the issue you reported goes past the promised response period without action on our part the ticket will automatically be upgraded to the higher priority without a charge to you.

Network Uptime Guarantee - Own Web Now Corp guarantees 100% uptime (availability) of our network. In case of downtime (outage) Own Web Now Corp agrees to refund or credit customers account the amount of fifteen (15%) percent of the monthly service fee paid during the period of outage.

Server Uptime Guarantee - Own Web Now Corp guarantees 99.999% uptime (availability) of our server systems. The downtime (outage) period is calculated from the time customer or user first reports the downtime (outage) to Own Web Now Corp until the server system is fully restored. If the downtime (outage) period is larger than 0.1% (0.1% being 0.72 hours per month) Own Web Now Corp agrees to refund or credit customers account the amount of fifteen (15%) percent of the monthly service fee paid during the period of outage. Outages caused by customers negligence, applications not supported by Own Web Now Corp by the contract or any other non-hardware caused system outage does not qualify towards the uptime guarantee.

Network Service Uptime Guarantee - Own Web Now Corp guarantees 100% uptime (availability) of our network services outside of regular and announced maintenance periods. Own Web Now Corp will announce any unscheduled maintenance at least one (1) hour prior to actual maintenance to allow the user to save data and log off the network. The downtime (outage) period is calculated from the time customer or user first reports the downtime (outage) to Own Web Now Corp until the network service is fully restored. If the downtime (outage) period is larger than 0.1% (0.1% being 7.2 hours per month) Own Web Now Corp agrees to refund or credit customers account the amount of fifteen (15%) percent of the monthly service fee paid during the period of outage.

ExchangeDefender™ Guarantee - ExchangeDefender™ scans all inbound and outbound electronic mail transferred through Own Web Now Corp's SMTP servers. If any messages go through Own Web Now Corp servers unscanned, Own Web Now Corp agrees to refund or credit customers account the amount of fifteen (15%) percent of the monthly service fee paid during the period of outage. Requesting a whitelist (removal of a domain from ExchangeDefender™ service) voids this guarantee.

Virus (ITW) Protection Guarantee - Own Web Now Corp guarantees 100% protection from all in-the-wild (ITW) viruses using ExchangeDefender™ service. ExchangeDefender™ uses six (6) enterprise quality virus scanning engines and guarantees that the virus will be detected and cleaned or removed if clean is unsuccessful. Own Web Now Corp does not guarantee the virus removal if user interaction is required to open the attachment (ex: password-protected zip files, digitally encrypted files). If a virus is ever permitted to cross Own Web Now Corp and ExchangeDefender™, Own Web Now Corp agrees to refund or credit customers account the amount of fifteen (15%) percent of the monthly service fee paid during the period the virus scanner is not functional.

Spam Accuracy Guarantee - Own Web Now Corp does not guarantee the accuracy of the spam detection engines (legitimate mail may be flagged as spam, spam may be let through the system). Because the spam detection system is automatic, it is prone to errors. In the event that an email is incorrectly classified, Own Web Now Corp will analyse the mail piece, determine why it was incorrectly processed, and take steps to correct the system so that the error is not repeated.

Credit and Refund Limits - Own Web Now Corp credits and refunds are limited to the single reported issue and is limited to the single event per month. For example, if Own Web Now Corp network ever goes down, you cannot collect fifteen (15%) percent for network outage, fifteen (15%) percent for system outage and fifteen (15%) percent for the Network Service outage.

Subscriber 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, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Backups and Archives - Customer is solely responsible for all data on their servers, mailboxes, databases and other storage mediums. While Own Web Now Corp provides means and mechanisms for customers to perform backups, customers are responsible for establishing policies, monitoring backups, data restoration, and retention intervals. Customers data is customers responsibility, under no circumstance shall Own Web Now Corp provide drives or other media nor send them to a data retrieval facility.