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1. SERVICE UPTIME. HTML’s target uptime for the Service is 99.9% of the time in every calendar month and HTML provides you with a 99.7% Critical Services Uptime Guarantee as defined below. If HTML fails to meet the 99.7% Critical Services Uptime Guarantee you will be entitled to receive a credit in accordance with the Credit Table below if: (a) you apply for the credit within sixty (60) days of the last day of the month in which the 99.7% Critical Services Uptime Guarantee was not met, and (b) more than 20% of HTML customers are affected. Such credits may be deducted from amounts otherwise payable by you to HTML hereunder. In the event there is a dispute regarding credits, HTML reserves the right to make the final decision about whether credits will be provided to you. If the availability for any three (3) month period is less than 98.00%, you will have the right to terminate your Services Agreement with HTML.

 

   a. “99.7% Critical Services Uptime Guarantee” means that HTML guarantees that Down Time with respect to the Critical Services shall not
       exceed 0.3% of the time during a rolling two (2) month period (computed by reference to a 31 day month).

 

   b. “Critical Services” means the email services, web hosting services, DNS services, and the HTML network to the extent that such services do
       not include Closed Source Applications, as defined in Section 4.

 

   c. “Down Time” means periods of time that the Critical Services are not functional and available to HTML customers and does not include any
       period of time during which services are not functional or available as a result of:

 

    i.  maintenance, scheduled or otherwise, performed by HTML;

    ii. third party intrusions, including without limitation denial of service or similar attacks;

    iii. downtime resulting from misuse by End-Users (as defined in the Terms of Use)

    iv. errors or non-performance of third-party software, including without limitation, Microsoft Access, .asp, .jsp, Cold Fusion or Miva Merchant; or any event
        that is not within HTML’ control.

 

CREDIT TABLE

 

 Availability           % Monthly Service Credit

 

99.40 - 99.70                         10%

 

99.00 - 99.40                         20%

 

98.00 - 99.00                         30%

 

97.00 - 98.00                         40%

 

96.00 - 97.00                         50%

 

95.00 - 96.00                         60%

 

2. WEB HOSTING. HTML will use commercially reasonable efforts to ensure that your web site is available online, twenty-four (24) hours following receipt of payment from you for services.

 

3. MAINTENANCE SERVICES. HTML will provide system maintenance as long as this SLA has not been terminated or amended. Maintenance is performed at times which least impact HTML’ customers based on minimal overall activity on the HTML systems. Notwithstanding the foregoing, HTML reserves the right, in its reasonable discretion, to perform any emergency work at any time.

 

4. CLOSED SOURCE PLATFORM APPLICATIONS. ColdFusion, ColdFusion MX, ASP, ASP.NET, JSP, and Miva Merchant applications are hosted on a closed source platform (“Closed Source Applications”).

 

5. PRIVATE LABEL DNS. Private label DNS (domain name servers) require 3 DNS entries, the third of which is HTML' generic DNS.

 

6. ACCESS DATABASES. Microsoft Access databases are not designed for, nor recommended for use on web sites which receive high volumes of Internet traffic. HTML does not guarantee the performance of web sites which make use of Microsoft Access databases.

 

7. EASYMAIL/MAILING LISTS

 

   a. EasyMail E-Mail Accounts are restricted to a maximum size of 50MB. If you exceed this limit we may suspend or terminate your account and your email
       duringmessages may be lost.

 

   b. EasyMail E-Mail Accounts’ e-mail transfer limit is a maximum of 20MB for each separate request by the mail server.

 

© Internet Names for Business 2008

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