Service Level Agreement

SERVICE LEVEL AGREEMENT (SLA) DESCRIBES GUARANTEED SERVICE LEVELS PROVIDED TO OUR CUSTOMERS WHO RECEIVE THE SERVICES DESCRIBED BELOW.

I. Definitions

The following terms used in this Agreement have the meanings specified in this Section or elsewhere in this Agreement.

  • "Account" means a Resource accessible only with proper credentials including (but not limited to) an account name and password.
  • "Agreement" means this document as originally executed and as amended from time to time.
  • "Customer" means the organization entering this Agreement with The SMB Exchange.
  • "Content" means all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials posted or transmitted by the Customer via the Service.
  • "Domain" means an Internet Domain Name as defined by the Internet Assigned Numbers Authority (IANA).
  • "Resource" means a computer resource provided by us including (but not limited to) computer hardware and software.
  • "Service" means all computer software and hardware resources provided by SMBEXCHANGE and specifically granted for use by the Customer according to this Agreement inclusive.
  • "SMBEXCHANGE", "us", "we", "our" means The SMB Exchange, of or belonging to The SMB Exchange, the Service provider.
  • "User" means a person who is a member of the Customer's organization.
  • "You", "Your" means the Customer, of or belonging to the Customer or Users.

II. Services.

Following is a list of Resources available to the Customer

  • Electronic mail (e-mail)
    Email accounts will be provided for each member of the Customer's organization. All accounts will exist under a single Domain, one Domain for each Customer. We provide email folder access via Internet Message Access Protocol (IMAP). Users may choose any email client application that supports this protocol, or use the web client application. We provide a Simple Mail Transfer Protocol (SMTP) relay Service that is available to a User immediately after the User authenticates to the server.
  • General file storage and sharing
    We provide a file server accessible via several standard protocols including SMB over Point-to-Point Tunneling Protocol (PPTP), FTP, Secure Shell (SSH), or use the web client application (HTTPS). An unlimited number of groups and group folders may be defined for setting permissions at user and group levels. A public account is included to share files with external partners and affiliates. Operating system functions are limited by a restricted shell.
  • Scheduling and calendar tools
    We offer the Oracle Calendar Server[TM] (a component of Oracle Collaboration Suite[TM]) as an integrated time management service. This service includes management of related services and objects including Appointments, Tasks, Contacts and Notes. Users may access this service with Outlook[TM], Oracle[TM] desktop clients or use the web client application.
  • Lightweight Directory Access Protocol (LDAP)
    We provide an LDAP server to manage a global address book of members in the Customer's organization and a private address book for each User. This information is synchronized with data in the Oracle Calendar Server[TM] for those Users with a calendar Account.
  • HTTP (web) server
    We offer the ability to maintain Content on a web server that is publicly accessible via HTTP ("Web Site"). Content may be rendered with static documents or dynamically through our Common Gateway Interface (CGI). A Webmaster designated by the Customer will be granted access to the web server to manage the Web Site via FTP and SSH. Customer acknowledges there are inherent risks involved in maintaining CGI programs and assumes sole responsibility for any and all damage caused by aberrant server-side executables You implement.
  • Domain Name Service (DNS)
    We provide DNS for resolution of Internet names, by which the Customer chooses to be known in the Internet community. Domain Names must be officially registered to the Customer with an accredited registrar.

III. Technical Support.

Email Support

support-web@thesmbexchange.com
Operates 24 x 7 x 365

Phone Support

(415) 875-9543

Hours:

Monday through Friday, 8am - 8pm California time
Saturdays, Sundays and Holidays - no phone support but email support is available.

Technical Support will provide:

  • full assistance in setting up and configuring your account on SMBEXCHANGE's server;
  • full assistance with initial Microsoft Outlook configuration (see Section XIV. Customer Responsibilities for required set up);
  • basic assistance with Microsoft Outlook usage such as email, sharing calendars, appointment scheduling, contact management, and assigning permissions;
  • limited advice with problems involving connectivity to SMBEXCHANGE and other server related issues.

To better assist you, please send us a message with the full description of your support request including complete error messages and screenshots when available, along with your account name.

Our standard response time is one hour or less. The response time, however, may depend on the nature and complexity of the inquiry, or unexpected call volume. One-hour support reply does not apply to any "how to", connectivity or software development related inquiries since such issues often involve extensive research and testing.

Technical Support assigns the highest priority to inquiries related to the servers' unavailability. Such inquiries are addressed immediately upon notification. It may take some time to resolve the issue, so you may not get an immediate reply.

IV. Customer Service, Billing and Sales Inquiries.

Non-technical inquiries regarding your account should be sent to info-web@thesmbexchange.com

Billing inquiries should be sent to info-web@thesmbexchange.com.
Please note: We must receive notice of billing disputes within sixty days of the date your credit card was charged for services.

All inquiries regarding purchase of new accounts or addition of services should be addressed to sales-web@thesmbexchange.com

V. Exchange Web Portal and Server Management.

SMBEXCHANGE provides web-based account and server management tools via our Exchange Web Portal. Certain functions may only be performed by one or more Domain Managers elected by the Customer to handle site-level administration ("Domain Manager"). Other, less privileged functions may be performed by any User ("Account Manager"). These tools are designed to give you control over your Account and many other services. You can use these tools to perform most of the routine account and server management tasks.

Online Help is available from SMBEXCHANGE's Support site (http://www.thesmbexchange.com/support.php), as well as from within the Exchange Web Portal. If you experience difficulty using the Exchange Web Portal, SMBEXCHANGE's Customer and Technical Support personnel will help familiarize you with these tools, however, they shall not be expected to perform for you or for your co-workers the tasks that can be done through the Exchange Web Portal.

VI. Service Availability.

SMBEXCHANGE is committed to providing the highest quality service to our customers. To support this commitment, SMBEXCHANGE gives the following service level guaranties and observes the following schedule of penalties for any failure to meet those guaranties.

SMBEXCHANGE guarantees 99.99% Service Availability, measured on a calendar-month basis. Service Availability is defined as the ability of a User to:

  1. retrieve messages from our mail server and
  2. send and receive messages via our mail server and
  3. view and create appointment entries via our calendar server and
  4. upload and download files to/from our file server and
  5. view content of Customer's Web Site from our http server

provided that the User meets the requirements under section XIV, below and has been granted proper Account access for the corresponding Service.

Server Unavailability

SMBEXCHANGE monitors the server as a whole but does not monitor each individual Account. Server unavailability caused by denial of service attacks, mail bombing, and other flooding techniques is not included in uptime/downtime calculations.

The mail server uses SMTP, a "store-and-forward" email protocol, to deliver outbound messages. This protocol does not guarantee immediate delivery of email messages. By default, the mail server makes a delivery attempt every ten minutes three times; after that the server will attempt message delivery every fifteen. If there is no successful delivery attempt within up to three weeks, the message will be returned to the sender.

Please note: Server downtime is not recorded and no credit is issued during scheduled or emergency system maintenance. Outages caused by the actions beyond SMBEXCHANGE's control including, but not limited to DoS attacks or other forms of intrusion are excluded from the uptime/downtime calculations.

Network Availability

Service unavailability resulting from network unavailability will not be included in the Service Availability calculation. Network unavailability is defined as SMBEXCHANGE network's inability to pass incoming and outgoing TCP/IP traffic, including but not limited to backbone problems, problems on the Customer's portion of the network, interruptions of service caused by denial of service or similar attacks or other forms of intrusion.

Hardware Failure

In the event of SMBEXCHANGE server hardware failure, SMBEXCHANGE shall replace or repair hardware within eight hours of SMBEXCHANGE's determination that the hardware has failed. Such hardware failure, and repair and replacement of the hardware and the associated downtime shall not affect the Service Availability calculation.

Scheduled Maintenance

To guarantee optimal performance of the servers, it is necessary for SMBEXCHANGE to perform routine maintenance on the servers. Such maintenance often requires taking SMBEXCHANGE servers off-line, typically performed during off-peak hours.

SMBEXCHANGE will give you advance notice of maintenance requiring the servers to be taken off-line whenever possible. Such unavailability is not included in the Service Availability calculation.

Refund for Non-compliance server availability

For each full 0.5% of Service availability falling below the guaranteed 99.99% up-time guarantee, upon your notification (described below), SMBEXCHANGE will provide you with a refund in the amount of 5% of that month's paid regular service charges.

To receive the refund you must send a request with your account username, including all dates and times of server unavailability, to info-web@thesmbexchange.com, in the month immediately following the month for which the refund is requested.

SMBEXCHANGE will then compare the information provided by you to the server availability monitoring data SMBEXCHANGE maintains and notify you of the issuance of any refund. A refund is issued if the unavailability warranting the refund is confirmed by SMBEXCHANGE's server monitoring data.

Maximum Total Refund

The total refund to you for any account may not exceed 100% of the monthly fees paid for that account during the month for which the refund is to be issued.

VII. Server Storage Capacity.

Each email Account maintains its own storage capacity independent of other accounts. Each fileshare User and group Account is allotted an aggregated storage capacity shared among all accounts within your domain. For an additional fee, your Domain Manager(s) may increase any Service Account storage capacity at any time from within the Exchange Web Portal.

If any Service Account approaches or exceeds its storage capacity, your Domain Manager(s) will receive a warning email to either reduce your account storage usage or increase account's storage capacity. Failure to act on this storage warning within five days will result in SMBEXCHANGE automatically adjusting your account's storage capacity, rounding upwards to the nearest 100 MB increment. The charges for any additional storage are billed to your account.

If the storage capacity is reached on an individual mailbox and a certain grace period expires, the servers shall stop sending or receiving messages for that Account. SMBEXCHANGE is not responsible for Service unavailability or data loss caused by any mailbox exceeding its storage capacity. To prevent such occurrences, your Domain Manager(s) can manage Account storage limits at any time from within the Exchange Web Portal. There is no maximum limit for any Account.

VIII. Limits.

The following limits are set for the email Service:

  • up to 50 recipients per message;
  • incoming/outgoing message size limit including attachments is 15 MB

IX. Anti-Virus Checking.

SMBEXCHANGE employs anti-virus software on its mail servers. This software is configured to check all messages coming in to the server (Messages sent between mailboxes on the server are not scanned) for viruses according to the virus-detecting heuristics provided with the software. As a part of the Anti-virus software service, these heuristics are regularly updated.

If a virus is detected, the message is deleted. Notification is sent to the sender of the message. Messages with compressed attachments are uncompressed before checking, encrypted attachments can not be scanned.

SMBEXCHANGE advises you to use up-to-date, local anti-virus software. SMBEXCHANGE is not responsible for infection of end-user devices or lost or corrupted messages due to anti-virus software running on the servers.

X. Anti-SPAM software.

SMBEXCHANGE employs software that checks for SPAM email messages coming into the mail servers. The SPAM-detecting heuristics are regularly updated. SMBEXCHANGE is not responsible for lost or corrupted messages due to Anti-SPAM software.

XI. Ownership of Data.

All data created or stored by you within SMBEXCHANGE's applications and servers are your property. SMBEXCHANGE shall allow access to such data by only highly limited authorized SMBEXCHANGE personnel and shall provide access in accordance with SMBEXCHANGE's Privacy Statement SMBEXCHANGE makes no claim of ownership of any web server content, e-mail content, or any other type of data contained within the Customer's server space or within applications on SMBEXCHANGE's servers.

XII. Data Integrity.

The Service includes local data backups on a daily basis and weekly offsite backups.
Backup copy retention time is 10 weeks.

Back-up Service does not include the process of restoring files, mailboxes, folders or parts thereof. SMBEXCHANGE can restore such data at the rate of $100/hr.

SMBEXCHANGE is not responsible for data loss resulting from the failure or loss of backup media.

XIII. Data Retention.

SMBEXCHANGE SHALL NOT RETAIN ANY OF YOUR DATA OTHER THAN WHAT MAY EXIST IN OFFSITE DATA BACKUP MEDIA. ALL DATA IS DELETED FROM THE SERVERS AFTER ACCOUNT TERMINATION.

XIV. Customer Responsibilities.

To access SMBEXCHANGE services, you must provide at the very minimum:

  • an Internet connection with sufficient bandwidth and quality;
  • network connection should not constrain Service functionality;
  • a fully functional Internet browser for use with Exchange Web Portal;
  • Microsoft Outlook 2000/XP/2003 software for each user who will connect directly (via MAPI) to the Oracle Calendar Server[TM]; and
  • a suitable IMAP client desktop software for each user who will connect to the mail server via IMAP.

XV. Privacy Statement.

SMBEXCHANGE values the privacy of its customers. Please refer to SMBEXCHANGE Privacy Statement for further information.

XVI. Amendments.

SMBEXCHANGE reserves the right to modify this Agreement or policies regarding the use of the Service at any time and to notify You of such modification by posting a notice of such modification to our Web Site or by notifying You via email at least thirty (30) days prior to such modification taking effect, and by posting the modified Agreement to the Site. You are responsible for periodically reviewing this Agreement. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.