This Web Site Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered a Shared Hosting Infrastructure Plan or Exclusive-Use Managed Servers arranged in a load balanced configuration from CIAD Hosting (the "Services") and your account is current (i.e., not past due) with CIAD Hosting.

1.   Definitions

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 CIAD Hosting.

2.   Service Level

1. Goal. CIAD Hosting's goal is to achieve 100% Web Site Availability for all customers.

2. Remedy. Subject to Sections 3 and 4 below, if the Web Site Availability of customer's Web site is less than 100%, CIAD Hosting 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:

   Web Site Availability	Credit Percentage
   99.9 to 100%	0%
   98% to 99.8%	10%
   97.9% or less	25%

3.   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:

1. circumstances beyond CIAD Hosting'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;
2. failure of access circuits to the CIAD Hosting Network, unless such failure is caused solely by CIAD Hosting;
3. scheduled maintenance and emergency maintenance and upgrades;
4. DNS issues outside the direct control of CIAD Hosting;
5. issues with FTP, POP, or SMTP customer access;
6. false SLA breaches reported as a result of outages or errors of any CIAD Hosting measurement system;
7. 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), database procedures or configurations, any negligence, willful misconduct, or use of the Services in breach of CIAD Hosting's Terms and Conditions and Acceptable Use Policy;
8. non-exclusive-use servers or equipment where another CIAD Hosting customer uses the Services in breach of CIAD Hosting's Terms and Conditions and Acceptable Use Policy;
9. e-mail or webmail delivery and transmission;
10. DNS (Domain Name Server) Propagation;
11. load balanced servers configured with affinity, unless all servers in the load balanced group are unavailable. CIAD Hosting is not responsible for users' computers that may retain a network session to an unaccessable server due to load balancing affinity, when one or more other servers are available in the load balanced group;
12. outages elsewhere on the Internet that hinder access to your account. CIAD Hosting is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. CIAD Hosting will guarantee only those areas considered under the control of CIAD Hosting: CIAD Hosting links to the Internet, CIAD Hosting's firewalls and networking equipment, and CIAD Hosting's servers.

4.   Credit Request and Payment Procedures

In order to receive a credit, customer must make a request therefore by sending an email message using CIAD Hosting's Contact Us web page. Each request in connection with this SLA must include customer's account name (per CIAD Hosting's invoice) and the dates and times of the unavailability of customer's Web site and must be received by CIAD Hosting within ten (10) business days after customer's Web Site was not available. If the unavailability is confirmed by CIAD Hosting, credits will be applied within two billing cycles after CIAD Hosting's receipt of customer's credit request. Credits are not refundable and can be used only towards future billing charges.

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 CIAD Hosting 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.

Note: Credits are not refundable and can be used only towards future billing charges.

Last Modified February 1, 2007