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Service Level Agreement

Coverage; Definitions

This Web Site Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered any Unix hosting account services from Skill Zone Ltd (the "Services") 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 Skill Zone Ltd.

Service Level

Goal:

Skill Zone Ltd's goal is to achieve 100% Web Site Availability for all customers.

Remedy:

Subject to the Exceptions below, if the Web Site Availability of customer's Web site is less than 100%, Skill Zone Ltd 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%
95% to 97.9% 25%
90% to 94.9% 50%
89.9% or below 100%

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:

circumstances beyond Skill Zone'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;

DNS issues outside the direct control of Skill Zone Ltd; issues with FTP, POP, IMAP, or SMTP customer access;
false SLA breaches reported as a result of outages or errors of any Skill Zone Ltd 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 Skill Zone Ltd's Terms and Conditions and Acceptable Use Policy;
e-mail or webmail delivery and transmission;
DNS (Domain Name Server) Propagation.
outages elsewhere on the Internet that hinder access to your account. Skill Zone Ltd is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Skill Zone Ltd will guarantee only those areas considered under the control of Skill Zone Ltd: Skill Zone Ltd server links to the Internet, Skill Zone Ltd's routers, and Skill Zone Ltd's servers.

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 Skill Zone Ltd 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. Please see also our Acceptable Use Policy

OCTOBER 2003

 
 
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