Fusion Arc Hosting – Network & Power Service Level Agreement (SLA)

Fusion Arc Hosting – A Fusion Arc Telecom LLC Company

Effective Date: September 18, 2026
Last Updated: September 18, 2026


1. Purpose and Scope

This Network & Power Service Level Agreement (“SLA”) establishes the network-connectivity and datacenter-power availability commitment applicable to qualifying Fusion Arc Hosting Services.

This SLA specifically addresses:

  • datacenter and provider-controlled network availability;
  • datacenter-delivered electrical power availability;
  • Qualifying Network Downtime;
  • Qualifying Power Downtime;
  • uptime measurement;
  • Scheduled Maintenance;
  • Emergency Maintenance;
  • SLA exclusions;
  • Service Credit eligibility;
  • Service Credit calculations;
  • SLA claim procedures; and
  • the relationship between this SLA and other Fusion Arc Hosting policies.

This SLA does not establish a general guarantee that every server, website, application, operating system, storage device, database, control panel, backup system, or software component will remain continuously operational.

This SLA forms part of the Fusion Arc Hosting Agreement and operates together with the applicable:

  • Terms of Service (“TOS”);
  • Acceptable Use Policy (“AUP”);
  • Fair Usage Policy (“FUP”);
  • Privacy Policy;
  • Refund & Payment Policy;
  • Support Scope, Fully Managed Services & Best-Effort Assistance Policy (“Support Policy”);
  • Backup, Recovery & Disaster Recovery Policy (“Backup Policy”);
  • Domain Registration & Renewal Policy;
  • product descriptions;
  • checkout terms;
  • service-specific terms;
  • order forms; and
  • other applicable written agreements.

The order-of-precedence provisions in the TOS govern any direct conflict between contractual documents.

For matters specifically concerning the Network and Power Availability commitment and associated SLA Service Credits, this SLA is the primary subject-matter policy unless an applicable written agreement expressly provides otherwise.

Nothing in this SLA limits rights that cannot lawfully be waived.


2. Standard Network and Power Availability Commitment

Unless a Service-specific written agreement provides otherwise, Fusion Arc Hosting provides a 99.9% Monthly Network and Power Availability commitment for eligible Covered Services.

The 99.9% commitment applies principally to:

  • provider-controlled datacenter network connectivity serving the applicable hosting server, node, or infrastructure; and
  • datacenter-delivered electrical power serving the applicable hosting server, node, or infrastructure.

The commitment does not constitute a 99.9% guarantee for:

  • individual websites;
  • server hardware;
  • hard drives;
  • SSDs;
  • NVMe devices;
  • RAID controllers;
  • server motherboards;
  • CPUs;
  • memory;
  • power-supply hardware;
  • operating systems;
  • control panels;
  • web servers;
  • databases;
  • PHP;
  • email software;
  • DNS software;
  • Customer applications;
  • third-party applications;
  • backups;
  • restoration;
  • storage integrity;
  • application performance; or
  • other hardware or software components.

Those matters remain governed by the TOS, Support Policy, Backup Policy, applicable product terms, and other portions of the Agreement.


3. Covered Services

Unless expressly excluded by applicable product terms, this SLA may apply to qualifying active paid Fusion Arc Hosting Services including:

  • Shared Web Hosting;
  • WordPress Hosting;
  • CMS Hosting;
  • Semi-Dedicated Hosting;
  • Reseller Hosting;
  • Agency Hosting;
  • Enterprise Hosting;
  • VPS Services;
  • VDS Services;
  • Managed VPS/VDS Services;
  • Dedicated Servers;
  • Bare-Metal Servers;
  • Managed cPanel Services;
  • Managed DirectAdmin Services;
  • Managed Plesk Services; and
  • other infrastructure Services expressly identified as SLA-covered.

The SLA applies only to the qualifying network and datacenter-power components associated with the applicable Covered Service.


4. Services Not Automatically Covered

This SLA does not automatically apply to:

  • domain registration;
  • domain renewal;
  • domain transfers;
  • standalone software licenses;
  • professional Services;
  • migrations;
  • consulting;
  • custom development;
  • Best-Effort Assistance;
  • third-party SaaS Services;
  • unsupported Customer applications;
  • free Services;
  • beta Services; or
  • experimental Services

unless Fusion Arc Hosting expressly states otherwise.


5. Network Availability

“Network Availability” means the availability of the provider-controlled network path necessary for the applicable server or hosting node to communicate with the Internet through the Fusion Arc Hosting or upstream datacenter network.

Covered Network Infrastructure may include applicable:

  • datacenter switching;
  • routing;
  • provider-controlled network connections;
  • upstream network connectivity;
  • provider-controlled transport;
  • facility network infrastructure; and
  • other network components within the covered provider infrastructure.

Network Availability does not mean that every network on the public Internet will always be able to reach the Service.


6. Power Availability

“Power Availability” means the availability of datacenter-delivered electrical power to the applicable physical server or hosting node.

Covered Power Infrastructure may include applicable:

  • facility utility power;
  • UPS systems;
  • power-distribution infrastructure;
  • generator-backed facility power;
  • rack-level power distribution; and
  • other datacenter-controlled electrical-delivery systems.

Power Availability concerns the delivery of electrical power by the facility to the applicable server infrastructure.

It does not guarantee the continuous operation of the server’s own:

  • power supply unit;
  • motherboard;
  • internal power circuitry;
  • storage devices;
  • cooling components;
  • firmware; or
  • other physical hardware.

A server hardware failure occurring while datacenter power remains properly available does not constitute Qualifying Power Downtime.


7. Qualifying Network Downtime

“Qualifying Network Downtime” means a verified period during which the applicable Covered Service cannot communicate through the provider-controlled network because of a failure within the Covered Network Infrastructure and no exclusion under this SLA applies.

Examples may include a qualifying failure of:

  • datacenter routing;
  • datacenter switching;
  • provider-controlled upstream connectivity;
  • datacenter network infrastructure; or
  • another covered provider-controlled network component.

8. Qualifying Power Downtime

“Qualifying Power Downtime” means a verified period during which datacenter-delivered electrical power is unavailable to the applicable server or hosting node because of a failure within the Covered Power Infrastructure and no exclusion under this SLA applies.

A server being offline does not by itself establish Qualifying Power Downtime.

Fusion Arc Hosting may review:

  • facility records;
  • datacenter reports;
  • power-monitoring information;
  • server telemetry;
  • network telemetry;
  • incident records; and
  • other reasonably reliable technical evidence

to determine whether a qualifying power interruption occurred.


9. Monthly Network and Power Availability

Unless a Service-specific written agreement provides otherwise, Monthly Network and Power Availability may be calculated as:

(Eligible Minutes − Qualifying Downtime Minutes) ÷ Eligible Minutes × 100

Qualifying Downtime Minutes include verified qualifying network or datacenter-power interruptions.

Where a network and power interruption occur simultaneously, the same minute is counted only once.

Eligible Minutes exclude periods excluded under this SLA.


10. Server Hardware Failures Are Not Network or Power SLA Downtime

Failure of server hardware does not automatically constitute Qualifying Downtime under this SLA.

Examples include:

  • hard-drive failure;
  • SSD failure;
  • NVMe failure;
  • RAID-controller failure;
  • motherboard failure;
  • memory failure;
  • CPU failure;
  • network-interface-card failure;
  • server power-supply-unit failure;
  • cooling-component failure;
  • firmware failure; or
  • other server hardware failure.

Fusion Arc Hosting will use reasonable efforts to investigate and repair or replace failed infrastructure according to the applicable Service and Support Policy.

However, hardware-repair or hardware-replacement time is not part of the standard 99.9% Network and Power Availability commitment unless an applicable Service expressly includes a separate hardware-replacement SLA.


11. Storage Failures

Storage failure does not automatically constitute Qualifying Network or Power Downtime.

This includes failure or degradation involving:

  • SSDs;
  • NVMe devices;
  • hard drives;
  • RAID arrays;
  • RAID controllers;
  • filesystems;
  • storage controllers;
  • storage software;
  • data corruption; or
  • other storage components.

Backup and recovery matters remain governed by the Backup Policy.


12. Operating-System Failures

Failure of an operating system does not constitute Qualifying Network or Power Downtime merely because the Service becomes unavailable.

Examples include:

  • kernel panic;
  • boot failure;
  • filesystem errors;
  • operating-system corruption;
  • package failures;
  • update failures;
  • driver problems;
  • software incompatibility; or
  • operating-system misconfiguration.

Fully Managed Services may include troubleshooting and remediation according to the Support Policy, but the incident remains separate from the standard Network and Power SLA.


13. Control-Panel and Hosting-Software Failures

Failure of hosting software does not automatically constitute Qualifying Network or Power Downtime.

Examples include failures involving:

  • cPanel;
  • WHM;
  • DirectAdmin;
  • Plesk;
  • LiteSpeed;
  • Apache;
  • PHP;
  • MariaDB;
  • MySQL;
  • Exim;
  • Dovecot;
  • DNS software;
  • CloudLinux;
  • security software;
  • backup software; or
  • other provider-managed software.

Fusion Arc Hosting may investigate and repair supported software under the Support Policy.

Such incidents do not automatically qualify for SLA credits under this Network and Power SLA.


14. Hypervisor and Virtualization Failures

A VPS or VDS hypervisor, virtualization-layer, or parent-node software failure does not automatically constitute Qualifying Network or Power Downtime unless the underlying cause independently qualifies as a Covered Network or Covered Power failure.

Fusion Arc Hosting may use:

  • restart;
  • migration;
  • node repair;
  • host replacement;
  • recovery;
  • restoration; or
  • other technical procedures

to recover affected virtual Services.

These procedures remain governed by the applicable Support Policy, Backup Policy, and product terms.


15. Application Failures

Application failures do not constitute Qualifying Network or Power Downtime.

Examples include:

  • WordPress errors;
  • plugin failures;
  • theme failures;
  • PHP application errors;
  • Node.js application errors;
  • Python application errors;
  • database-query errors;
  • failed application updates;
  • custom-code defects;
  • CMS errors;
  • API errors;
  • application incompatibility; or
  • third-party application failures.

The underlying network and datacenter power may remain fully available even though an application is not functioning.


16. Customer Configuration

Downtime caused or materially contributed to by Customer configuration does not constitute Qualifying Downtime.

Examples include:

  • incorrect DNS;
  • incorrect firewall rules;
  • incorrect routing;
  • application configuration;
  • database changes;
  • deleted files;
  • permission changes;
  • Customer-installed software;
  • security configuration;
  • Customer-controlled operating-system changes;
  • Customer-requested shutdowns;
  • Customer-requested reboots; or
  • other Customer-controlled changes.

17. Resource Exhaustion

Service interruption caused by exhaustion of allocated resources does not constitute Qualifying Network or Power Downtime.

Examples include exhaustion of:

  • CPU;
  • RAM;
  • entry processes;
  • processes;
  • database connections;
  • disk I/O;
  • IOPS;
  • storage;
  • inodes;
  • bandwidth allocations;
  • application workers; or
  • other Service resources.

Resource usage is governed by the Fair Usage Policy and applicable product terms.


18. Scheduled Maintenance

Scheduled Maintenance does not constitute Qualifying Downtime.

Scheduled Maintenance may include:

  • network upgrades;
  • router maintenance;
  • switch maintenance;
  • power-system maintenance;
  • UPS maintenance;
  • generator maintenance;
  • datacenter maintenance;
  • server maintenance;
  • software maintenance;
  • hardware replacement;
  • storage maintenance;
  • migrations;
  • security updates; and
  • other planned infrastructure work.

Where reasonably practical, Fusion Arc Hosting may provide notice of maintenance expected to materially affect Service availability.

Failure to provide advance notice does not automatically convert legitimate maintenance into Qualifying Downtime.


19. Emergency Maintenance

Emergency Maintenance does not ordinarily constitute Qualifying Downtime.

Emergency Maintenance may be performed without advance notice where reasonably necessary to address:

  • network instability;
  • power instability;
  • security vulnerabilities;
  • failing infrastructure;
  • hardware failures;
  • imminent equipment failure;
  • data-integrity risks;
  • active attacks;
  • critical software defects;
  • datacenter requirements;
  • vendor requirements; or
  • other urgent technical conditions.

20. DDoS and Malicious Traffic

Network interruption caused by malicious traffic does not automatically constitute Qualifying Network Downtime.

Examples include:

  • DDoS;
  • DoS;
  • packet floods;
  • SYN floods;
  • amplification attacks;
  • reflection attacks;
  • botnet traffic;
  • malicious scanning; or
  • other hostile network activity.

Fusion Arc Hosting may:

  • filter traffic;
  • rate-limit;
  • block traffic;
  • null route;
  • isolate a Service;
  • move a Service;
  • temporarily restrict connectivity; or
  • take other reasonable protective action.

Protective security action does not automatically constitute an SLA violation.


21. Security and Abuse Enforcement

Service interruption caused by reasonable enforcement of:

  • the AUP;
  • FUP;
  • No Spam Policy;
  • security requirements;
  • abuse procedures;
  • DMCA requirements;
  • legal requirements;
  • fraud controls;
  • sanctions requirements; or
  • other applicable policies

does not constitute Qualifying Downtime.


22. Non-Payment

Service interruption caused by:

  • non-payment;
  • overdue invoices;
  • billing suspension;
  • payment failure;
  • chargeback;
  • cancellation;
  • account restriction;
  • fraud review; or
  • termination

does not constitute Qualifying Downtime where the action is authorized by the Agreement.

Billing matters remain governed by the Refund & Payment Policy.


23. Public Internet and Third-Party Networks

Fusion Arc Hosting does not control every network between the Customer and the hosting facility.

Failures involving:

  • Customer ISPs;
  • third-party transit networks;
  • unrelated backbone networks;
  • mobile carriers;
  • enterprise networks;
  • Customer VPNs;
  • external proxies;
  • unrelated peering networks; or
  • other independent Internet infrastructure

do not constitute Qualifying Network Downtime where Fusion Arc Hosting’s Covered Network remains available.


24. Upstream Providers

Fusion Arc Hosting may obtain network and datacenter infrastructure from third-party upstream providers.

Where an upstream provider operates infrastructure that Fusion Arc Hosting directly procures as part of the Covered Network or Power Service, Fusion Arc Hosting may consider a verified upstream network or power failure when evaluating an SLA claim.

However, an event remains subject to:

  • this SLA;
  • the TOS;
  • applicable exclusions;
  • force-majeure provisions; and
  • any Service-specific terms.

Not every third-party outage automatically constitutes Qualifying Downtime.


25. Third-Party Applications and Services

Failure of independent third-party Services does not constitute Qualifying Network or Power Downtime.

Examples include:

  • payment processors;
  • external APIs;
  • external databases;
  • SaaS providers;
  • external DNS providers;
  • content-delivery networks;
  • registrars;
  • registries;
  • external email providers;
  • Customer-selected software providers; or
  • other independent Services.

26. DNS Propagation

DNS propagation delays do not constitute Qualifying Downtime.

DNS availability may depend upon:

  • authoritative DNS;
  • external resolvers;
  • TTL values;
  • ISP caches;
  • registrars;
  • registries;
  • third-party DNS providers; and
  • Customer configuration.

27. Domain Services

Domain:

  • registration;
  • renewal;
  • expiration;
  • transfer;
  • redemption;
  • registry outage;
  • registrar outage;
  • transfer lock;
  • DNS delegation; or
  • ownership issues

do not constitute Qualifying Network or Power Downtime.

Domain matters are governed separately by the Domain Registration & Renewal Policy.


28. Email Delivery

Individual email-delivery failures do not constitute Qualifying Network or Power Downtime.

Email may be affected by:

  • recipient systems;
  • spam filtering;
  • reputation;
  • blocklists;
  • authentication;
  • DNS;
  • remote-server policy;
  • sender behavior;
  • mailbox configuration; or
  • external providers.

29. Backup and Restoration

Backup and restoration matters are governed by the Backup Policy.

The following do not automatically constitute Qualifying Network or Power Downtime:

  • failed backups;
  • missing recovery points;
  • delayed backup processing;
  • backup corruption;
  • delayed restoration;
  • unsuccessful restoration;
  • disaster-recovery processing;
  • healthy-node recovery time; or
  • unavailable historical data.

30. Support Response Times

Support-response targets are governed by the Support Policy.

The approximate:

  • 59-second Live Chat initial-response target;
  • 59-minute ticket initial-response target; and
  • Best-Effort Assistance response estimates

are not part of the 99.9% Network and Power SLA.

Failure to meet a support-response target does not create an SLA Service Credit.


31. Hardware Repair Time

Time required to:

  • diagnose hardware;
  • replace hardware;
  • repair a server;
  • rebuild storage;
  • rebuild RAID;
  • replace a motherboard;
  • replace memory;
  • replace a processor;
  • replace a power supply;
  • replace a network interface;
  • reinstall an operating system; or
  • otherwise repair physical server infrastructure

does not automatically constitute Network or Power SLA downtime.

If the same incident independently includes verified Covered Network or Covered Power downtime, only the qualifying portion is considered under this SLA.


32. Recovery and Migration

Fusion Arc Hosting may use migration or recovery procedures when hardware or software fails.

This may include:

  • restoring backups;
  • moving accounts;
  • migrating virtual servers;
  • replacing server hardware;
  • moving Services to another node;
  • assigning new IP addresses; or
  • changing infrastructure.

Recovery work itself does not create a separate SLA obligation.


33. Force Majeure

Events outside Fusion Arc Hosting’s reasonable control may be excluded from Qualifying Downtime according to the TOS.

These may include:

  • natural disasters;
  • fires;
  • floods;
  • severe weather;
  • earthquakes;
  • war;
  • terrorism;
  • civil unrest;
  • government action;
  • utility emergencies;
  • widespread Internet failures;
  • catastrophic telecommunications failures;
  • labor disruptions;
  • supply-chain failures;
  • pandemics; or
  • other force-majeure events.

34. Monitoring and Measurement

Fusion Arc Hosting may use:

  • network monitoring;
  • power monitoring;
  • server telemetry;
  • facility reports;
  • datacenter reports;
  • infrastructure monitoring;
  • incident records;
  • upstream-provider reports;
  • system logs; and
  • other reasonably reliable technical evidence

to determine whether Qualifying Network or Power Downtime occurred.

Fusion Arc Hosting’s technical records will ordinarily serve as the primary source for calculating SLA downtime.

Customer-provided evidence may also be reviewed where relevant.


35. Individual Connectivity Problems

A Customer’s inability to reach a Service does not by itself establish Qualifying Network Downtime.

Individual access problems may arise from:

  • local ISP problems;
  • Wi-Fi;
  • routers;
  • Customer firewalls;
  • VPNs;
  • Customer devices;
  • Customer DNS;
  • corporate networks;
  • browser configuration;
  • local routing; or
  • third-party security software.

36. Availability During Provisioning

The SLA generally begins only after the applicable Service has been provisioned and made available for Customer use.

Initial provisioning time does not constitute Qualifying Downtime unless an applicable written agreement expressly provides otherwise.


37. SLA Ends With the Service

The SLA ends when the applicable Service is:

  • terminated;
  • cancelled;
  • expired; or
  • otherwise no longer active.

Time after termination or cancellation is not included in the SLA calculation.


38. Service Credit Eligibility

Where Monthly Network and Power Availability falls below 99.9% because of verified Qualifying Downtime, the Customer may request a Service Credit.

Credits are calculated only against the recurring fee for the affected Covered Service.

They do not ordinarily apply to:

  • domain fees;
  • software licenses;
  • setup fees;
  • migration charges;
  • dedicated IP fees;
  • backup add-ons;
  • security add-ons;
  • taxes;
  • professional Services;
  • one-time charges; or
  • unrelated Services.

39. Standard Service Credit Schedule

Unless a Service-specific agreement provides otherwise:

Monthly Network and Power AvailabilityService Credit
99.9% or greaterNo credit
Less than 99.9% but at least 99.0%10% of affected monthly recurring Service fee
Less than 99.0% but at least 95.0%25% of affected monthly recurring Service fee
Less than 95.0%50% of affected monthly recurring Service fee

40. Multi-Month Billing Terms

Where a Covered Service is billed:

  • quarterly;
  • semi-annually;
  • annually;
  • biennially;
  • triennially; or
  • under another multi-month billing term,

the applicable monthly recurring fee may be determined by dividing the recurring Service charge by the number of months in the billing period.


41. Maximum Service Credit

Unless expressly stated otherwise, total SLA Service Credits for an affected Service for a calendar month may not exceed 50% of the affected Service’s monthly recurring fee.

Multiple qualifying events do not increase the maximum above this amount.


42. Affected Service Only

A qualifying incident involving one Service does not automatically create a credit for:

  • another hosting account;
  • another VPS;
  • another VDS;
  • another dedicated server;
  • domain Services;
  • licenses;
  • add-ons; or
  • other unaffected Services.

43. No Duplicate Compensation

The same event may not generate duplicate:

  • SLA credits;
  • refunds;
  • courtesy credits;
  • downtime credits;
  • settlement payments; or
  • other compensation

for the same underlying incident.

Fusion Arc Hosting may offset another credit already issued for the same event.


44. Service Credits Are Not Cash Refunds

SLA Service Credits are account credits intended for future eligible Fusion Arc Hosting charges.

Unless required by applicable law or expressly agreed otherwise, SLA credits:

  • are not cash refunds;
  • are not redeemable for cash;
  • are not transferable;
  • do not earn interest; and
  • do not create a negative account balance payable in cash.

Refunds are governed by the Refund & Payment Policy.


45. SLA Claim Deadline

A Customer requesting an SLA Service Credit must submit a formal claim within seven (7) calendar days after the qualifying incident ends.

Late claims may be denied unless Fusion Arc Hosting voluntarily reviews the claim or applicable law requires otherwise.


46. SLA Claim Method

Formal SLA Service Credit requests must be submitted through an authenticated Sales & Billing department ticket in the Fusion Arc Hosting Client Area.

The claim should include, where reasonably available:

  • affected Service;
  • approximate incident start time;
  • approximate incident end time;
  • time zone;
  • nature of the reported network or power outage;
  • applicable Technical Support ticket;
  • affected server, domain, or IP information; and
  • other reasonably relevant information.

47. Technical Incident Reporting

Active technical outages should be reported through:

  • Live Chat; or
  • Technical Support ticket.

Reporting an active outage allows Fusion Arc Hosting to investigate the technical condition.

A Technical Support ticket or Live Chat report does not by itself constitute the formal SLA Service Credit request.

Technical Support handles the incident.

Sales & Billing handles the SLA credit request.


48. Account Standing

The affected Service and Customer account must generally be in good standing when an SLA claim is submitted.

A Service may be ineligible for SLA credits where:

  • invoices are materially overdue;
  • the Service is suspended for non-payment;
  • the Service has been terminated;
  • unresolved fraud exists;
  • the Service was suspended for a material policy violation; or
  • another contractual condition makes the Service ineligible.

Nothing in this section limits rights that cannot legally be waived.


49. SLA Investigation

Fusion Arc Hosting may review:

  • network monitoring;
  • power monitoring;
  • server logs;
  • incident reports;
  • datacenter reports;
  • upstream-provider information;
  • Technical Support records;
  • Customer-provided evidence; and
  • other relevant information

when determining whether an incident qualifies.


50. Partial Qualification

If only part of a reported incident constitutes Qualifying Network or Power Downtime, Fusion Arc Hosting may count only the qualifying portion.

For example, an incident may involve:

  1. a qualifying datacenter network interruption; followed by
  2. additional server-software recovery time.

Only the qualifying network portion would ordinarily count toward the Network and Power SLA.


51. Courtesy Credits

Fusion Arc Hosting may issue a courtesy credit even where an incident does not technically qualify under this SLA.

A courtesy credit does not:

  • establish an SLA violation;
  • constitute an admission of liability;
  • create a precedent;
  • modify this SLA; or
  • require the same credit in another situation.

52. Contractual SLA Remedy

To the maximum extent permitted by applicable law and subject to the TOS, the Service Credits described in this SLA are the sole and exclusive contractual remedy specifically provided for failure to satisfy the Network and Power Availability commitment.

Qualifying Downtime does not automatically create entitlement to:

  • a cash refund;
  • lost profits;
  • lost revenue;
  • business-interruption damages;
  • consequential damages;
  • indirect damages;
  • replacement-service costs; or
  • other damages.

All liability remains subject to the TOS.


53. No Admission of Liability

Issuing an SLA Service Credit does not constitute an admission that:

  • Fusion Arc Hosting was negligent;
  • another contractual obligation was breached;
  • the Customer suffered compensable damages;
  • Fusion Arc Hosting caused lost revenue; or
  • additional compensation is owed.

54. Business Losses

SLA credits are not calculated according to alleged:

  • lost sales;
  • lost revenue;
  • lost profit;
  • lost customers;
  • lost advertising;
  • business interruption;
  • opportunity loss;
  • reputational harm; or
  • consequential economic loss.

Credits are calculated solely according to this SLA and the recurring fee for the affected Service.


55. Relationship to Refund Policy

SLA credits and refunds are separate.

Qualifying Network or Power Downtime does not automatically entitle the Customer to:

  • cancellation;
  • full refund;
  • prorated cash refund; or
  • reimbursement of previously paid Service charges.

Refund eligibility is governed by the Refund & Payment Policy.


56. Relationship to Backup Policy

Backup scheduling, recovery points, retention, restoration, and disaster recovery are governed separately by the Backup Policy.

A backup or restoration incident does not automatically create a Network or Power SLA violation.


57. Relationship to Support Policy

The Support Policy governs:

  • Fully Managed support;
  • Self-Managed Services;
  • technical-support scope;
  • response-time targets;
  • escalation;
  • hardware and software troubleshooting;
  • Beyond Scope Assistance; and
  • Best-Effort Assistance.

This SLA does not convert support obligations into Network or Power Availability guarantees.


58. Relationship to AUP and FUP

Fusion Arc Hosting may take actions authorized by the AUP and FUP even where those actions temporarily affect Service availability.

Such enforcement does not automatically create SLA liability.


59. Reseller Hosting

For qualifying Reseller Hosting, any applicable SLA credit is issued to the Fusion Arc Hosting reseller account holder.

Fusion Arc Hosting does not automatically owe separate SLA credits directly to the reseller’s end users.


60. Infrastructure Changes

Fusion Arc Hosting may change:

  • datacenters;
  • servers;
  • network providers;
  • upstream providers;
  • switches;
  • routers;
  • storage;
  • server hardware;
  • network architecture; or
  • other infrastructure

as reasonably necessary to operate and improve the Services.

Such changes do not themselves constitute SLA violations.


61. Service Migration

Fusion Arc Hosting may move a Service to another:

  • server;
  • parent node;
  • network;
  • IP address;
  • rack;
  • datacenter;
  • storage system; or
  • compatible infrastructure environment

when reasonably necessary.

The SLA does not guarantee that a Service will permanently remain on one physical infrastructure platform.


62. No Absolute Availability Guarantee

The 99.9% Network and Power Availability commitment is an SLA commitment with the Service Credit remedy described in this Policy.

It is not a representation that:

  • a server can never fail;
  • hardware can never fail;
  • software can never fail;
  • applications can never fail;
  • storage can never fail;
  • Customer data can never be lost; or
  • Service will always remain continuously accessible.

Fusion Arc Hosting does not guarantee 100% availability.


63. Support Communications Do Not Modify the SLA

A statement through:

  • Live Chat;
  • Technical Support;
  • ordinary email;
  • telephone communication;
  • troubleshooting correspondence; or
  • another informal communication

does not amend this SLA unless expressly confirmed through an authorized written contractual process.

A technician’s statement concerning:

  • repair time;
  • network restoration;
  • power restoration;
  • hardware replacement;
  • server recovery;
  • root cause; or
  • expected availability

is an operational estimate and does not create an additional SLA guarantee.


64. Mistaken Statements

An incorrect statement by an individual employee or technician does not by itself:

  • change the 99.9% commitment;
  • expand SLA coverage to server hardware;
  • expand SLA coverage to software;
  • remove an exclusion;
  • increase the credit percentage;
  • increase the maximum credit;
  • waive the claim deadline; or
  • modify the Agreement.

Fusion Arc Hosting may correct mistaken information when identified.

Nothing in this section limits rights that cannot lawfully be waived.


65. Service-Specific SLA Terms

A particular Service may expressly provide:

  • a different uptime percentage;
  • separate hardware-replacement commitment;
  • different credit calculation;
  • different claim period;
  • different network SLA;
  • different power SLA; or
  • another availability commitment.

Such terms apply only to the Service for which they are expressly provided and according to the order-of-precedence rules in the TOS.


66. Historical Availability Does Not Increase the SLA

Historical uptime above 99.9% does not increase the contractual commitment.

For example, prior availability of:

  • 99.99%;
  • 99.999%;
  • 100%; or
  • another percentage

does not create a permanent right to that higher availability.


67. Prior Credits Do Not Create Precedent

Issuing an SLA credit in one situation does not require Fusion Arc Hosting to issue the same credit where a later event does not qualify.

A prior credit does not create:

  • a permanent entitlement;
  • expanded SLA coverage;
  • a different calculation method; or
  • a different credit schedule.

68. SLA Changes

Fusion Arc Hosting may update this SLA as:

  • network infrastructure changes;
  • datacenter providers change;
  • power infrastructure changes;
  • products change;
  • technologies change;
  • upstream relationships change; or
  • operational requirements evolve.

Material changes will be handled according to the TOS and applicable law.


69. Contact Information

Fusion Arc Hosting
A Fusion Arc Telecom LLC Company

PO Box 1766
Gypsum, Colorado 81637-1766
United States

Technical Support: support@fusionarchosting.com
Sales & Billing: sales@fusionarchosting.com

Active technical incidents should be reported through Live Chat or a Technical Support ticket.

Formal SLA Service Credit claims must be submitted through an authenticated Sales & Billing department ticket.


70. SLA Summary

Standard Commitment

Eligible Services generally receive a 99.9% Monthly Network and Power Availability commitment.

What the 99.9% Commitment Covers

The commitment primarily covers:

  • provider-controlled datacenter network availability; and
  • datacenter-delivered electrical power availability to the applicable server or hosting node.

What the 99.9% Commitment Does Not Automatically Cover

The standard SLA does not automatically cover:

  • server hardware failure;
  • storage failure;
  • RAID failure;
  • operating-system failure;
  • control-panel failure;
  • database failure;
  • web-server failure;
  • application failure;
  • Customer configuration;
  • resource exhaustion;
  • backup failure;
  • restoration time;
  • DNS propagation;
  • email delivery;
  • third-party Services;
  • support-response time; or
  • hardware-repair time.

Standard Service Credits

  • Below 99.9% but at least 99.0%: 10%
  • Below 99.0% but at least 95.0%: 25%
  • Below 95.0%: 50%

Maximum Credit

Total SLA credits are generally capped at 50% of the affected Service’s monthly recurring fee for the applicable calendar month.

Claim Deadline

SLA claims must generally be submitted within 7 calendar days after the qualifying incident ends.

Claim Method

Formal SLA claims must be submitted through an authenticated Sales & Billing department ticket.

Remedy

SLA Service Credits are account credits and are the contractual remedy specifically provided for qualifying failure of the Network and Power Availability commitment, subject to the TOS and applicable law.