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Coverage Definitions:
This Website Uptime Service Level Agreement (SLA) applies to you ("customer") if you have ordered hosting account services from Virtual Server Node (the "Services") and your account is current (i.e., not past due) with Virtual Server Node. The term "Website Uptime" 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 Website is available for access by third parties via HTTP and HTTPS, as measured by Virtual Server Node systems/services.

Goal:
Virtual Server Node's goal is to achieve 100% Website Availability and Uptime for all our customers.

Remedy:
If the Website Uptime of customer's Website is less than 99.9%, Virtual Server Node will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services (per section 3 and 4 below):

Website Uptime Credit Percentage

• 99.9 to 100% 0%
• 98% to 99.8% 10%
• 95% to 97.9% 25%
• 90% to 94.9% 50%
• 89.9% or below 100%

Downtime Amounts:
Website Downtime in Minutes Credit Percentage

• less than 42.2 mins 0%
• 42.3 - 864 mins 10%
• 865 - 2160 mins 25%
• 2161 - 4320 mins 50%
• greater than 4320 mins (72 hrs) 100%

Assumed a 30 day month, 43200 minutes in a month, 1440 minutes in a day

Exceptions:
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of nodes availability caused by or associated with:

• Circumstances beyond Virtual Server Node's control including, war, strike or other labor disturbance, unavailability/interruption/delay in telecommunications, virus attacks and/or hackers, third party software failure (free scripts, ecommerce software, Merchant Gateways), fire, flood, tornado, earthquakes, acts by any governing body, embargo, boycott, or inability to obtain supplies, raw materials, or power used in or equipment needed for provision of this Service Level Agreement

• failure of access circuits to the Virtual Server Node Network, unless the failure is caused solely by Virtual Server Node

• emergency maintenance, scheduled maintenance, and system upgrades

• domain name system (DNS) problems outside of the control of Virtual Server Node

• issues with FTP, POP, IMAP, or SMTP customer access

• customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (ie., PHP, Python, CGI, Perl, HTML, ASP, etc...), any negligence, willful misconduct, or use of the Services in breach of Virtual Server Node's Acceptable Use Policy;

• problems elsewhere on the internet that prohibit you from viewing your account. Virtual Server Node is not responsible for browser, DNS, or other caching that might make it appear your node is unavailable even though others can still access your information. This guarantee covers areas Virtual Server Node controls such as our servers, routers, and switches.

Credit Request and Payment Procedures:
In order to receive a credit, customer must make a request by sending an email message to our billing department. This email address is being protected from spam bots, you need Javascript enabled to view it. Each request in connection with this SLA must include customer's account number (domain name) and the dates and times of the unavailability of customer's node. The request must be received by Virtual Server Node within ten (10) business days after customer's Website was not available. If the unavailability is confirmed by Virtual Server Node, credits will be applied within two billing cycles after Virtual Server Node'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 SLA 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 Virtual Server Node and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Website Availability of customer's Website.