This Web Site Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered any of the following Unix hosting account services from VPS Hosting (the "Services") and your account is current (i.e., not past due) with VPS Hosting: Starter Server Plans (Bronze Unix Server, Bronze PLUS Unix Server, Silver Unix Server, Silver Plus Unix Server, Platinum Sun Solaris Virtual Server, Diamond Sun Solaris Virtual Server, Gold FreeBSD Application Server, Platinum FreeBSD Application Server, Diamond FreeBSD Application Server, Gold Windows Virtual Server, Platinum Windows Virtual Server, Diamond Windows Virtual Server. 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 VPS Hosting.

1. Goal:

   VPS Hosting' 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%, 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 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%

   
   

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 VPS 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 VPS Hosting and NTT/Verio Network, unless such failure is caused solely by VPS Hosting or Verio;
3. scheduled maintenance and emergency maintenance and upgrades;
4. DNS issues outside the direct control of VPS Hosting;
5. issues with FTP, POP, IMAP, or SMTP customer access;
6. false SLA breaches reported as a result of outages or errors of any VPS 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 VPS 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. VPS Hosting is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. VPS Hosting will guarantee only those areas considered under the control of 2K Communicatiosn: VPS Hosting server links to the Internet, VPS Hosting' routers, and VPS Hosting' servers.
    
    

To receive a credit for under this agreement, the customer must make a request therefore by sending an e-mail message to service/@/vpshosting.net (remove the forward slashes in thep preceding e-mail address). 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 customer number (per VPS Hosting' invoice) and the dates and times of the unavailability of customer's web site and must be received by VPS Hosting within 48 hours after the customer's Web Site was not available. If the unavailability is confirmed by VPS Hosting, credits will be applied within two billing cycles after VPS Hosting' 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 VPS 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.

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