InSwift Inc.’s Service Level Agreement (“SLA”) is provided to give our customers and users a clear understanding regarding the reliability of our service.

InSwift Inc., Inc. (“The Company”) agrees to furnish services to the Subscriber, subject to the following SLA (Service Level Agreement).

Use of InSwift Inc. Service constitutes acceptance and agreement to InSwift Inc.’s AUP as well as InSwift Inc.’s TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of InSwift Inc.. 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.

1. Network Uptime Guarantee
2. Server Uptime Guarantee - InSwift Inc. guarantees 99.9% uptime (availability) of our server systems. The downtime (outage) period is calculated from the time customer or user first reports the downtime to InSwift Inc. 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) InSwift Inc. agrees to refund or credit customers account the amount of fifteen (15%) percent of the monthly service fee paid during the period of outage.
3. Network Service Uptime Guarantee
4. ExchangeDefender^TM Guarantee – ExchangeDefender^TM scans all inbound and outbound electronic mail transfered through InSwift Inc.’s SMTP servers. If any messages go through InSwift Inc. servers unscanned, InSwift Inc. agrees to refund or credit customers account the amount of fiveteen (15%) percent of the monthly service fee paid during the period of outage. Requesting a whitelist (removal of a domain from ExchangeDefender^TM service voids this guarantee.
5. Virus (ITW) Protection Guarantee – InSwift Inc. guarantees 100% protection from all in-the-wild (ITW) viruses using ExchangeDefender^TM service. ExchangeDefender^TM uses six (6) enterprise quality virus scanning engines and guarantees that the virus will be detected and cleaned or removed if clean is unsuccessful. InSwift Inc. 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 InSwift Inc. and ExchangeDefender^TM InSwift Inc. agrees to refund or credit customers account the amount of fiveteen (15%) percent of the monthly service fee paid during the period the virus scanner is not functional.
6. Spam Accuracy Guarantee
7. Credit and Refund Limits – InSwift Inc. credits and refunds are limited to the single reported issue and is limited to the single event per month. For example, if InSwift Inc. network ever goes down, you cannot collect 15% for network outage, 15% for system outage and 15% for the Network Service outage.
8. 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.
9. Backups and Archives – Customer is solely responsible for all data on their servers, mailboxes, databases and other storage mediums. While InSwift Inc. provides means and mechanisms for customers to perform backups, customers are responsible for establishing policies, monitoring backups, data restoration, and retention intervals. Customer’s data is customers responsibility, under no circumstance shall InSwift Inc. provide drives or other media nor send them to a data retrieval facility.