Service Level Agreement for Design@7 Visual Works’ Shared Hosting Packages

1. Coverage; Definitions

This Web Site Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered any of the following hosting account services from Design@7 (the "Services") and your account is current (i.e., not past due) with Design@7: Shared Web Hosting Plans (Basic Plan, Premier, Corporate, Corporate Plus) 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 Design@7.

2. Service Level

Goal:

Design@7's goal is to achieve 100% Web Site Availability for all customers.

Remedy:

Subject to Sections 3 and 4 below, if the Web Site Availability of customer's Web site is less than 100%, Design@7 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 Web Site Availability caused by or associated with:

· circumstances beyond Design@7'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;
· failure of access circuits to the Design@7 Network, unless such failure is caused solely by Design@7;
· scheduled maintenance and emergency maintenance and upgrades;
· DNS issues outside the direct control of Design@7;
· issues with FTP, POP, or SMTP customer access;
· false SLA breaches reported as a result of outages or errors of any Design@7 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, CFML, PHP,ASP, ASP.NET, etc), any negligence, willful misconduct, or use of the Services in breach of Design@7'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. Design@7 is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Design@7 will guarantee only those areas considered under the control of Design@7: Design@7 server links to the Internet, Design@7's routers, and Design@7'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 hosting@designat7.com. 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 Design@7's invoice) and the dates and times of the unavailability of customer's Web site and must be received by Design@7 within ten (10) business days after the customer's Web Site was not available. If the unavailability is confirmed by Design@7, credits will be applied within two billing cycles after Design@7'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 Design@7 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.