Windows Server 2003 and Windows Server 2000 Hosting Account Services SLA 1. Coverage; Definitions This Web Site Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered any of the following Windows Server 2003 and Windows 2000 hosting account services from Systel (the "Services") and your account is current (i.e., not past due) with Systel: Windows Server 2003 and Windows 2000 Shared Web Hosting Plans (Bronze, Silver, Platinum) or the Custom Hosting Plans or Windows Managed Server (WMS). As used herein, the term "Website 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 Website is available for access by third parties via HTTP and HTTPS, as measured by Systel. 2. Service Level   A. Goal:   Systel's goal is to achieve 100% Web Site Availability for all customers. B. Remedy:   Subject to Sections 3 and 4 below, if the Website Availability of customer's Website is less than 100%, Systel 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% 3. Exceptions Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Website Availability caused by or associated with: A. circumstances beyond Systel'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; B. failure of access circuits to the Systel, unless such failure is caused solely by Systel; C. scheduled maintenance and emergency maintenance and upgrades; D. DNS issues outside the direct control of Systel; E. issues with FTP, POP, or SMTP customer access; F. false SLA breaches reported as a result of outages or errors of any Systel measurement system; G. 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., HTML, ASP, .NET, etc), any negligence, willful misconduct, or use of the Services in breach of Systel's Terms and Conditions and Acceptable Use Policy; H. e-mail or webmail delivery and transmission; I. DNS (Domain Name Server) Propagation; J. outages elsewhere on the Internet that hinder access to your account. Systel is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Systel will guarantee only those areas considered under the control of Systel: Systel server links to the Internet, Systel's routers, and Systel's servers. 4. Credit Request and Payment Procedures To receive a credit, the customer must make a request therefore by sending an e-mail message to creditrequest@systel.net. The e-mail message MUST include the domain name of the customer's account in the "Subject" line. Each request in connection with this SLA must include the customer's account number (per Systel's invoice) and the dates and times of the unavailability of customer's Website and must be received by Systel within ten (10) business days after the customer's Website was not available. If the unavailability is confirmed by Systel, credits will be applied within two billing cycles after Systel'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 Systel and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Website Availability of customer's Website. Note: Credits are not refundable and can be used only towards future billing charges.