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Service Level Agreement (SLA)

StayHosted.Com provides self-managed dedicated servers. This Service Level Agreement ("SLA") outlines the agreements and guarantees pertaining to these products. StayHosted.Com retains sole discretionary power when determining if a guarantee has not been met.

99.95% Uptime Guarantee

(1.) Coverage
This 99.95% uptime guarantee applies to any StayHosted.Com client in good financial standing with StayHosted.Com at the time of a service outage.

(2.) Service Level Agreement & Specifications
StayHosted.Com endeavors to have the content of your web site available for http access by any party in the world 99.95% of the time. Network downtime (unavailability) is defined as 100% packet loss to the Customer from the moment such packet loss is first identified by a mutually agreeable monitoring solution. Downtime is measured by StayHosted.Com past 10 minutes after notification of network failure via StayHosted.Com online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling StayHosted.Com. StayHosted.Com administrators will determine the end of the downtime by a trace-route to the customer's machine from outside the StayHosted.Com network.

(3.) Credits
Dedicated Servers - For self-managed dedicated server customers, as this Agreement pertains to, if the uptime is between 98.9% and 99.95% 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 servers, 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

95% to 99.95%	10 %

90% to 94.9%	20 %
89.9% or below	50 %

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 support@stayhosted.com . 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 StayHosted.Com. 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
Customers 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 StayHosted.Com's reasonable control, including without limitation, war, fire, acts of any governmental body, insurrection, sabotage, armed conflict, embargo, flood, strike or other labor disturbance, virus attacks or hackers, or failure of third party software external to StayHosted.Com or its providers (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts).;

b. Scheduled maintenance and emergency maintenance and upgrades which are pre-notified to the Customer as specified in the Agreement attached hereto;

c. DNS issues outside the direct control of StayHosted.Com;

d. Issues with FTP, POP, IMAP, or SMTP customer access;

e. False SLA breaches reported as a result of outages or errors of any StayHosted.Com measurement system;

f. 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 StayHosted.Com Terms and Conditions and Acceptable Use Policy;

g. E-mail or webmail delivery and transmission;

h. DNS (Domain Name Server) Propagation

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

Any questions, comments or if additional information is required please contact info@stayhosted.com or your sales representative for more information.

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