Coverage And Definitions

This Service Level Agreement (SLA) applies to you ("customer") if you have ordered a HyperConX Shared Hosting Plan (the "Service") from HyperConX International, LLC, hereinafter referred to as HyperConX, and your account is current (i.e., not past due) with HyperConX.

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 HyperConX.

Service Level

Goal:

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

Remedy:

Subject to the exceptions below, if the Web Site Availability of customer's Web site is less than 99.9%, HyperConX will issue a credit to customer in accordance with the following schedule. HyperConX will credit or refund at the Customer's choosing the amount of 1 day's service for every hour beyond the first hour of downtime of any calendar month.

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:

a. Circumstances beyond HyperConX'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 HyperConX Network, unless such failure is caused solely by HyperConX;

c. Scheduled maintenance and emergency maintenance and upgrades;

d. DNS (Domain Name System) issues outside the direct control of HyperConX;

e. Issues with FTP, POP, or SMTP customer access;

f. Erroneous SLA outages reported as a result of outages or errors of any HyperConX 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, ColdFusion, PHP, etc., any negligence, willful misconduct, or use of the Service in breach of HyperConX's Terms and Conditions and Acceptable Use Policies;

h. E-mail or webmail delivery and transmission;

i. DNS Propagation.

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


Credit Request and Payment Procedures

In order to receive a credit, customer must first contact HyperConX via phone to inform them immediately of the outage. Customer should then follow up with an email directly requesting credit. Each request in connection with this SLA must include customer's domain name and the dates and times of the unavailability of customer's Web site and must be received by HyperConX within ten (5) business days after customer's Web Site was not available. If the unavailability is confirmed by HyperConX, credits will be applied within 30 days after HyperConX's receipt of customer's credit request.

Not withstanding 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 Service. Credits are exclusive of any applicable taxes charged to customer or collected by HyperConX 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.