Lakefront Media, Inc. guarantees 99.99%+ availability of shared services. “Shared Services” are defined as any services provided by Lakefront Media, Inc. to a Customers via server(s) that are not dedicated to that Customer (by means of Customer having contracted with Lakefront Media, Inc. for the dedicated use of said server).
1. Coverage; Definitions:
This Service Availability Service Level Agreement (SLA) applies to you (“Customer”) if you have ordered any shared services from Lakefront Media, Inc. (the “Services”), if your account is current (i.e., does not have a past due balance) with Lakefront Media, Inc., and if the SLA is included in your Master Services Agreement with Lakefront Media, Inc. (where it has been a standard clause since 2004). As used herein, the term “Availability” means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that all of your services are available for access by third parties, where such services may include access to your web sites via HTTP and HTTPS, access to files via FTP or SFTP, access to delivered email via POP, IMAP, and WebMail, access to send email via SMTP, access to email via MobileSync, and collection and processing of SecureForm data. Availability does not include access to services not purchased by your account or access to services suspended due to an actual or supposed violation of Lakefront Media, Inc.’s Acceptable Use Policy (AUP). Availability is measured by Lakefront Media, Inc.’s monitoring tools.
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Availability caused by or associated with:
- circumstances beyond Lakefront Media, Inc. 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, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts);
- attacks by viruses or hackers, including Distributed Denial of Service (dDoS) attacks against Lakefront Media, Inc. network;
- scheduled maintenance and system upgrades, or emergency maintenance;
- any DNS or Domain Registry issues outside the direct control of Lakefront Media, Inc. including DNS and Registry propagation issues and expiration;
- 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, etc), any negligence, willful misconduct, or use of the customer’s account in breach of Lakefront Media, Inc. Master Services Agreement or Acceptable Use Policy;
- Acts or omissions of other customers (or acts or omissions of others engaged or authorized by other customers) sharing the affected server(s) with customer, including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, etc), any negligence, willful misconduct, or use of the other customers’ account in breach of Lakefront Media, Inc. Master Services Agreement or Acceptable Use Policy;
- issues with 3rd party email systems, including refusal or rejection of email by 3rd party mail systems;
- delays in email delivery;
- delayed or inappropriately blocked email due to issues with McAfee/Intel or Email Filtering programs
- false SLA breaches reported as a result of outages or errors of any Lakefront Media, Inc. measurement system;
- outages elsewhere on the Internet that hinder access to your account. Lakefront Media, Inc. is not responsible for browser, DNS, or other caching that may make your web site or email appear inaccessible when others can still access it. Lakefront Media, Inc. will guarantee only those areas of the Internet considered under the control of Lakefront Media, Inc.: Lakefront Media, Inc. servers’ links to the Internet, Lakefront Media, Inc. routers, and Lakefront Media, Inc. servers themselves.
3. Credit Request and Payment Procedures:
In order to receive a credit, customer must make a request for credit by filing a support ticket in the Lakefront Media, Inc. members’ portal. Each request in connection with this SLA must include the dates and times of the unavailability of customer’s services, a description of the perceived problem, and must be received by Lakefront Media, Inc. within ten (10) business days after customer’s Services were not available. If the unavailability is confirmed by Lakefront Media, Inc., credits will be applied within 30 days of Lakefront Media, Inc.’s receipt of customer’s credit request.
Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total shared hosting fees paid by customer for said month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Lakefront Media, Inc. and are customer’s sole and exclusive remedy with respect to any failure or deficiency in the Availability of customer’s services.
4. Third Party Websites and Content; Links.
The Websites or Services may contain links to websites not controlled by Lakefront Media, Inc. (“Third Party Websites”), as well as Content belonging to or originating from persons or organizations other than Lakefront Media, Inc. (“Third Party Content”). You acknowledge that Lakefront Media, Inc. is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website, regardless of whether Third Party Websites provide the option for users to apply Lakefront Media, Inc. licenses to Content hosted on those sites, or whether any Third Party Website or Third Party Content bears a Lakefront Media, Inc. license. You further acknowledge that Lakefront Media, Inc. (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
5. Disclaimers of Warranties.
TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, LAKEFRONT MEDIA, INC. OFFERS THE WEBSITES AND SERVICES AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WEBSITES OR SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. LAKEFRONT MEDIA, INC. DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT DO’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LAKEFRONT MEDIA, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
6. Limitation of Liability.
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL LAKEFRONT MEDIA, INC., ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE DIGITAL OCEAN PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE WEBSITES OR SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE DIGITAL OCEAN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LAKEFRONT MEDIA, INC. PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE WEBSITES OR SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE WEBSITES OR SERVICES, FOR YOUR USE OF THE WEBSITES AND SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE WEBSITES, IN CONNECTION WITH THE SERVICES OR OTHERWISE RELATING TO THE WEBSITES OR SERVICES.
7. Delinquent Accounts
Company may suspend or terminate Services upon failure of Customer to pay charges when due. Such suspension or termination will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees. Accounts not paid by due date are subject to a Fifteen and no/100 Dollar ($15.00) late fee and interest at the rate of nine and one half percent (9 1/2) per annum, or the maximum amount allowable by law. Accounts that are not collectible by Company will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than $50 (fifty dollars) nor more than $150 (one hundred fifty dollars).
8. Refunds and Disputes
Payments to Company are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported in writing within 30 days of the disputed billing. Disputed charges to your credit card issuer, also known as chargebacks, may result in suspension or termination of your account if Company determines that disputed charges are valid. In such a case, Company may impose reconnection fees to restore the desired service.
9. Account Cancellation
All requests to cancel any Services must be made in writing with at least 30 days prior written notice and faxed to 201-818-9583 or mailed to:
Lakefront Media, Inc.
29 Church Street
Ramsey, NJ 07446