Hosting Service Level Agreement, Site Availability Guarantee

Coverage; Definitions

This Web Site Availability Service Level Agreement applies to you ("customer") if you have ordered any hosting account service from Final Host (the "Services") and your account is current (i.e., not past due) with Final Host. 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 Final Host Monitoring Software collocated in various hosts worldwide.

Exceptions

Customer shall not receive any credits under this agreement in connection with any failure or deficiency of Web Site Availability caused by or associated with:

Circumstances beyond Final Host'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 agreement;
Failure of access circuits to the Final Host Network, unless such failure is caused solely by Final Host;
Scheduled maintenance and emergency maintenance and upgrades;
DNS issues outside the direct control of Final Host;
Issues with FTP, POP, IMAP, or SMTP customer access;
False SLA breaches reported as a result of outages or errors of any Final Host measurement system;
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 Final Host's Terms and Conditions;
E-mail or webmail delivery and transmission;
DNS (Domain Name Server) Propagation outside the control of Final Host;
Outages elsewhere on the Internet that hinder access to your account.

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

Credit Request and Payment Procedures

In order to receive a credit, customer must make a request therefore by sending an email message to admin@finalhost.com. Each request in connection with this agreement must include customer's account number (per Final Host's invoice) and the dates and times of the unavailability of customer's Web site and must be received by Final Host within ten (10) business days after customer's Web Site was not available. If the unavailability is confirmed by Final Host, credits will be applied within two billing cycles after Final Host's receipt of customer's credit request.

Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this agreement 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 Final Host 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.