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Service Level Agreements

Service Level Agreements (SLA)

Host-U, Inc. provides Internet World Wide Web page hosting, Marketing, and Development. Host-U, Inc. endeavors to have the content of your Web site available and to meet certain guarantees posted at www.host-u.net. This Service Level Agreement ("SLA") outlines those agreements and guarantees. Host-U, Inc. retains sole discretionary power when determining if a guarantee has not been met.

99% Uptime Guarantee

(1.) Coverage
This 99% uptime guarantee applies to any Host-U, Inc. client in good financial standing with Host-U, Inc. at the time of a service outage.

(2.) Service Level Agreement & Specifications
Host-U, Inc. endeavors to have the content of your web site available for http access by any party in the world 99% of the time. Network downtime (unavailability) is defined as 100% packet loss from Host-U, Inc. to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Host-U, Inc.'s online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Host-U, Inc. NOC at 1-888-526-7875. Host-U, Inc.'s administrators will determine the end of the downtime by a trace-route to the customer's machine from outside the Host-U, Inc. network.

(3.) Credits
a. Shared Hosting - In the event that your web site is not available for more than 99%, Host-U, Inc. will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed fifty (50) percent of the monthly service charge for the affected month.
Monthly Uptime
Credit 95% to 98.9% 10%;
90% to 94.9% 20%;
89.9% or below 50%

b. Managed Dedicated Servers - For managed dedicated server customers if the uptime is between 98.9% and 99% for any particular month the credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by the customer for the services during that month period. In addition, for managed dedicated server, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed twenty-five percent (25%) of the monthly service charge for the affected month.
Minutes of continuous downtime Credit
60 10% 5+ 60 minute intervals
25%

In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by sending an electronic mail message to refunds@host-u.net. For security, the body of this message must contain your account number, the dates and times of the unavailability of your website, and such other customer identification requested by Host-U, Inc. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.

(4.) Restrictions

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:

a.     circumstances beyond Host-U, Inc.'s 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;

b.    failure of access circuits to the Host-U, Inc. Network, unless such
failure is caused solely by Host-U, Inc.;

c.    scheduled maintenance and emergency maintenance and upgrades;

d.    DNS issues outside the direct control of Host-U, Inc.;

e.    issues with FTP. POP, IMAP, or SMTP customer access;

f.    false SLA breaches reported as a result of outages or errors of
any Host-U, Inc. measurement system;

g.     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 Host-U, Inc.'s Terms and
Conditions and Acceptable Use Policy;

h.    e-mail or webmail delivery and transmission;

i.     DNS (Domain Name Server) Propagation.

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

Latency Guarantee

Host-U, Inc.'s goal is to keep Average Round-Trip Latency on the Host-U, Inc. Network to 85 milliseconds or less. "Average Round-Trip Latency", with respect to a given month, means the average time required for round-trip packet transfers between Selected POPs on the Host-U, Inc. Network during such month, as measured by Host-U, Inc. If Average Round-Trip Latency on the Host-U, Inc. Network for a calendar month exceeds 85 milliseconds, then upon Customer's request (in accordance with the procedure set forth below), Host-U, Inc. will issue a credit to Customer equal to and not to exceed in any calendar month one day's worth of the Access Fee (as defined below) paid by Customer for such month.

Packet Loss Guarantee

Host-U, Inc.'s goal is to keep Average Packet Loss on the Host-U, Inc. Network to 1% or less. "Average Packet Loss", with respect to a given month, means the average percentage of IP packets transmitted on the Host-U, Inc. Network during such month that are not successfully delivered, as measured by Host-U, Inc.. If Average Packet Loss exceeds 1% during a calendar month, then upon Customer's request (in accordance with the procedure set forth below), Host-U, Inc. will issue a credit to Customer equal to and not to exceed in any calendar month one day's worth of the Access Fee (as defined below) paid by Customer for such month.

The terms of this SLA relating to Average Round-Trip Latency and Average Packet Loss will take effect the first full calendar month after Customer's first use of the Host-U, Inc. Network.

Access Fee Definitions

For dedicated/colocation/managed hosting Customers, the Access Fee consists solely of the base monthly fee paid by Customer for standard server packages, including the use of the server, the use of electricity to the extent provided to the Customer without additional charge, and up to the amount of data transfer allowed each month without additional charge. The Access Fee for purposes of the SLA credit excludes all other fees which might be charged to the Customer, including, without limitation, charges relating to managed services, incremental bandwidth usage and fees for electricity, extra IP addresses, RAM, or hard drives beyond that which is available without additional charge under Host-U, Inc.'s standard rates. This list of potentially excluded fees is offered solely for purposes of illustration and not by way of limitation.

The Access Fee for all other Customers is the base monthly access fee paid by Customer for use of the applicable OMEGABYTE.NETWORKS service at the amount of data transfer allowed each month without additional charge, excluding set-up fees, fees for additional services, and for server and other types of options. Such excluded fees will vary by the type of applicable service, and could consist of fees for local loop, extra and/or burstable bandwidth, add-on components, extra IP addresses, hourly support charges, electricity when an additional fee is charge for such an item, and managed services. This list of potentially excluded fees is offered solely for purposes of illustration and not by way of limitation.