We are committed to providing the highest quality Internet services to its Customers. The following guarantees are part of such commitment and demonstrate our willingness to stand behind our internal processes, our network and the quality of our service, as described below. The following guarantees are available to eligible hosting customers. Hosting Customers may be referred to herein, collectively, as "Customers". Amount of Service Credit for Unavailability: The amount of Service Credit that may be granted, upon compliance by Customer with the procedures herein, for failure to comply with an Availability Guarantee set forth herein shall be: Unavailability equal to or greater than 40 minutes, but less than four (4) hours, in a calendar month: one (1) day Service Credit. Unavailability equal to or greater than four (4) hours, but less than eight (8) hours, in a calendar month: one (1) week Service Credit. Unavailability equal to or greater than eight (8) hours in a calendar month: one (1) month Service Credit. Outage Notification Guarantee: We shall contact Customer's technical contact, either by telephone or by email within one (1) hour after the occurrence of any Unavailability affecting any Availability Guarantee that results in complete downtime for such Customer. If we fail to contact Customer within one (1) hour of the occurrence of such Unavailability, Customer will, upon compliance with the procedures herein, be eligible to receive a one (1) day Service Credit. Internet Latency Guarantee: We guarantee an average monthly transmission rate of 85 milliseconds or less on the Backbone Network. We measures Internet latency, the average round trip transmission on the Backbone Network, at approximately ten (10) minute intervals and calculates the average at the end of each calendar month. Any Customer who experiences average Internet latency on the Backbone Network in excess of 85 milliseconds as so calculated for any calendar month will, upon compliance with the procedures herein, be eligible to receive Service Credit as follows: Average Internet latency in excess of 85 milliseconds for any calendar month: one (1) week Service Credit Average Internet latency in excess of 85 milliseconds in each of two (2) consecutive calendar months: one (1) month Service Credit Packet Loss Guarantee: We guarantee that packet loss shall be not more than 5 percent (5%) on the Backbone Network during any calendar month. We measure packet loss on the Backbone Network at approximately ten (10) minute intervals and calculates the average at the end of each calendar month. Any Customer who experiences a packet loss on the Backbone Network in excess of five percent (5%) as so calculated for any calendar month will, upon compliance with the procedures herein, be eligible to receive a one (1) day Service Credit. Definitions: "Monthly Recurring Charge" shall mean the monthly fee for Customer's Internet service, which includes only the base monthly fee for metered services, for the month in which the event giving rise to the claim for Service Credit occurs. "Backbone Network" shall mean the telecommunications network and network components owned or operated by us, including points of presence, from the Data Center to the point where data leaves the network. The Network does not include any networks or network equipment or other equipment not owned or controlled by us. "Unavailability" for purposes of the "Availability Guarantees" shall not include (and for which no Service Credit shall be granted) unavailability due to our planned maintenance or other planned outages; packet loss; equipment or software upgrades; customer request; any action performed by us in order to maintain or improve our services; any customer equipment, circuit, application, software, code, hardware device failure or malfunction; acts or omissions of Customer and/or Customer's users; denial of credit to Customer; planned or unplanned telco provider outages; or reasons outside of our reasonable control, such as Force Majeure. Not less than 48 hours prior to a scheduled service interruption, we will notify Customer's technical contact by e-mail of such scheduled interruption in service and the nature of such interruption. Such notice shall be effective for all purposes herein, despite any failure of the Customer and/or its agents to receive such notice for any reason, including problems with or failures of Customer's e-mail system(s) or erroneous contact information provided by Customer or any other reason. "Service Credit" for any Guarantee, shall mean: One (1) day Service Credit equals one divided by the actual number of days in the month to which the Service Credit relates multiplied by Customer's Monthly Recurring Charge for such month. One (1) week Service Credit equals seven divided by the actual number of days in the month to which the Service Credit relates multiplied by Customer's Monthly Recurring Charge for such month. One (1)-month Service Credit equals one hundred percent (100%) of Customer's Monthly Recurring Charge for such month. Service Claim Process: To initiate a claim for Service Credit with respect to any Guarantee, Customer shall submit an email entitled "Service Credit Request" within fourteen (14) days after the end of the month during or for which the event occurred which gives rise to the claim for Service Credit. We shall acknowledge receipt of all Service Credit Requests via email no later than the next succeeding business day after such receipt and shall review all requests within 14 days after such receipt. Customer shall be notified via email upon resolution of the request. Unless Customer has been notified of any Unavailability, Customer shall have notified our company of any Unavailability promptly during such Unavailability. Eligibility for Service Credit is based on a failure that is caused solely by a component or components of Customer's service that is managed by us. Service Credit: If Customer's Service Credit Request is approved, we shall issue Service Credit to Customer's account, which Service Credit shall appear on the invoice issued in the month following the month in which the Service Credit Request Form was approved. Service Credit shall be Customer's sole remedy for any failure by us to provide Services, including, but not limited to, any Unavailability. The Service Credit provided for herein is based on Customer's compliance with the terms and conditions of its Internet services agreement with us, and the failure of Customer to comply therewith may invalidate our Guarantees provided herein. Service Credits are not cumulative. If we fail to comply with more than one Guarantee with respect to a Customer during a calendar month, only the Guarantee producing the greatest measured Service Credit to such Customer will be considered for the granting of Service Credit. Furthermore, If Customer receives more than one Service, Service Credits will not be considered for Services that were not affected by our failure to comply with any Guarantee. Modifications: We in its sole discretion may modify, amend or revise one or more of these Guarantees at any time and from time to time. Such changes or revisions shall be deemed effective upon the posting of updated Service Level Agreement information to this web site.