Web Site Availability Service Level Agreement for Windows 2000 Hosting Account Services

1. Coverage; Definitions

   This Web Site Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered any of the following Windows 2000 hosting account services from Adaptive Hosting (the "Services") and your account is current (i.e., not past due) with Adaptive Hosting: Windows 2000 Shared Web Hosting Plans (Adaptive-1 and Adaptive-2, Adaptive-3, Adaptive-4). As used herein, the term "Web Site Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the content of customer's Web site is available for access by third parties via HTTP and HTTPS, as measured by Adaptive Hosting.

    

2. Service Level

    

   1. Goal:

      Adaptive Hosting's goal is to achieve 100% Web Site Availability for all customers.

       

   2. Remedy:

      Subject to Sections 3 and 4 below, if the Web Site Availability of customer's Web site is less than 100%, Adaptive Hosting will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services:

       

      Web Site Availability	Credit Percentage
      99.6 to 100%	0%
      98% to 99.5%	10%
      95% to 97.9%	25%
      90% to 94.9%	50%
      89.9% or below	100%

       

    

3. Exceptions

   Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:

    

   1. circumstances beyond Adaptive Hosting 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, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;

       

   2. failure of access circuits to the Adaptive Hosting Network, unless such failure is caused solely by Adaptive Hosting;

       

   3. scheduled maintenance and emergency maintenance and upgrades;

       

   4. DNS issues outside the direct control of Adaptive Hosting;

       

   5. issues with FTP, POP, or SMTP customer access;

       

   6. false SLA breaches reported as a result of outages or errors of any Adaptive Hosting measurement system;

       

   7. 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, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of Adaptive Hosting Terms and Conditions and Acceptable Use Policy;

       

   8. e-mail or webmail delivery and transmission;

       

   9. DNS (Domain Name Server) Propagation.

       

   10. outages elsewhere on the Internet that hinder access to your account. Adaptive Hosting is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Adaptive Hosting will guarantee only those areas considered under the control of Adaptive Hosting: Adaptive Hosting server links to the Internet, Adaptive Hosting routers, and Adaptive Hosting servers.

    

4. Credit Request and Payment Procedures

   In order to receive a credit, customer must make a request therefore by sending an email message to creditrequest@adaptivehosting.com. Each request in connection with this SLA must include customer's account number and or domain name (per Adaptive Hosting invoice) and the dates and times of the unavailability of customer's Web site and must be received by Adaptive Hosting within ten (10) business days after customer's Web Site was not available. If the unavailability is confirmed by Adaptive Hosting, credits will be applied within two billing cycles after Adaptive Hosting 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 hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Adaptive Hosting and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of customer's Web site.