SLA

1. Coverage; Definitions

This Web Site Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered ASP hosting account services from Captive Internet (the "Services") and your account is current (i.e., not past due) with Captive Internet: ASP Hosting Plans (Captive Agent, Captive Agent Pro), or E-Commerce Plans. 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 Captive Internet

2. Service Level

i. Goal: Captive Internet's goal is to achieve 100% Web Site Availability for all customers.

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

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:

i. Circumstances beyond Captive Internets'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;

ii. Failure of access circuits to the Captive Internet Network, unless such failure is caused solely by Captive Internet;

iii. Scheduled maintenance and emergency maintenance and upgrades;

iv. DNS issues outside the direct control of Captive Internet;

v. Issues with FTP, POP, IMAP, or SMTP customer access;

vi. False SLA breaches reported as a result of outages or errors of any Captive Internet measurement system;

vii. 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 Captive Internet's Terms and Conditions and Acceptable Use Policy;

viii. E-mail or webmail delivery and transmission;

iv. DNS (Domain Name Server) Propagation.

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

4. Credit Request and Payment Procedures

Captive Internet Extranet

Each request in connection with this SLA must include the dates and times of the unavailability of customer's Web site and must be received by Captive Internet within eight (8) business days after the customer's Web Site was not available. If the unavailability is confirmed by Captive Internet, credits will be applied within two billing cycles after Captive Internet's receipt of the 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 Captive Internet 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.