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UNIX Hosting Accounts SLA

1. Coverage; Definitions

   1. The Web Site Availability Service Level Agreement (SLA) applies to you (“Customer”) if you have ordered any of the following Unix hosting account services from Verio (the “Services”) and your account is current (i.e., not past due) with Verio:
      1. Shared Web Hosting Plans (Basic, Enhanced, Premium, Bronze, Silver, Gold, Platinum, High Volume, Hosting 1000, Hosting 2000, Hosting 3000, Hosting 4000), E-Commerce Plans (Cyberstand, e-Vendor or Marketplace, ShopSite Starter, Manager and Pro add-ons on to Unix Hosting 1000-4000), goMobi add-on and Signature Hosting.
      2. 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, mobile and non-mobile (if applicable), is available for access by third parties via Hypertext Transfer Protocol (HTTP) and HTTPS, as measured by Verio.
   2. The Server Availability Service Level Agreement (SLA) applies to you (“Customer”) if you have ordered any of the following Unix hosting account services from Verio (the “Services”) and your account is current (i.e., not past due) with Verio:
      1. Virtual Private Servers (FreeBSD, Linux).
      2. Managed Private Servers (FreeBSD, Linux).
      3. As used herein, the term “Server Availability” means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the server is reachable across an IP network and is available for access by third parties via Internet Control Message Protocol (ICMP), i.e. ping, as measured by Verio.

2. Service Level

   1. Goal:

      Verio's goal is to achieve 100% Web Site and Server Availability for all customers. Our published service level agreement is 99.9%.

   2. Remedy:

      Subject to Sections 3 and 4 below, if the Web Site or Server Availability of customer's Web Site or Server is less than 100%, Verio 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 or Server Availability	Credit Percentage
      99.9 to 100%	0%
      98% to 99.8%	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 or Server Availability caused by or associated with:

   1. circumstances beyond Verio's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, earthquake, hurricane or other acts of God, 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 Verio Network, unless such failure is caused solely by Verio;
   3. scheduled maintenance and emergency maintenance and upgrades;
   4. DNS issues outside the direct control of Verio;
   5. issues with FTP, POP, IMAP, or SMTP customer access;
   6. false SLA breaches reported as a result of outages or errors of any Verio 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 Verio's 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. Verio is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Verio will guarantee only those areas considered under the control of Verio: Verio server links to the Internet, Verio's routers, and Verio's servers.

4. Credit Request and Payment Procedures

   To receive a credit for a Shared hosting account, the customer must make a request therefore by sending an e-mail message to creditrequest@verio-hosting.net. The e-mail message MUST include the domain name of the customer's account in the “Subject” line. Each request in connection with this SLA must include the customer's account number (per Verio's invoice) and the dates and times of the unavailability of customer's Web site and must be received by Verio within ten (10) business days after the customer's Web Site was not available. If the unavailability is confirmed by Verio, credits will be applied within two billing cycles after Verio's receipt of the customer's credit request. Credits are not refundable and can be used only towards future billing charges.

   To request a credit for a Virtual Private Server (VPS) or Managed Private Server (MPS) account, the customer must login to the Account Information Interface in the Customer Backroom, select the specific account to view the Account Details, and then select the button labeled “Request SLA Review.” Each request in connection with this SLA must include the dates and times of the unavailability of customer's Server and must be received by Verio within ten (10) business days after the customer's Server was not available. If the unavailability is confirmed by Verio, credits will be applied within two billing cycles after Verio's receipt of the customer's credit request. Credits are not refundable and can be used only towards future billing charges.

   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 Verio and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Web Site or Server Availability of customer's Web Site or Server.

   Note: Credits are not refundable and can be used only towards future billing charges.