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Dedicated Server, Colocation and Cloud Hosting Service Level Agreement - 100% Uptime SLA



1. Coverage Terms

This Service Level Agreement (SLA) applies to you (“customer”) if you have a current high-availability service or services with Full Value Host (a division of Technomax) (the “Services”) and your account is current (i.e., in good standing). As used herein, the term “availability” means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the customer’s hosted system is available for access by third parties, as measured by Full Value Host.

2. Service Credits

Subject to Sections 3 and 4 below, if the availability of customer’s services is less than 100%, technomx will credit the customer 5% of the monthly fee for each 30 minutes of downtime in excess of 0.05% (up to 100% of customer’s monthly fee for the affected server). Full Value Host (part of The Technomax Group) commits to a 100% SLA. This means that Full Value Host (with servers at Google Datacenter NYC through MassiveGrid) commits in providing a leading class Service and is able to offer 100% Service availability. In case of any Proven Downtime, Full Value Hosts will refund as a credit the actual amount of downtime, up to the Customer’s monthly Fee, as total monthly recurring charge. The claim needs to be initiated by the Customer within 10 days of the Proven Downtime incident and is offered as a credit note for the Customer’s next Billing Cycle.

3. Exceptions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Availability caused by or associated with:

A) circumstances beyond Full Value Host'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 Technomax Network, unless such failure is caused solely byTechnomax;

C) scheduled maintenance, emergency maintenance and upgrades (emergency or scheduled);

D) DNS issues outside the direct control of Technomax;

E) issues with FTP, POP, IMAP, SMTP or other application running within your service as an application;

F) false SLA breaches reported as a result of outages or errors of any M5 Hosting 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, Ruby, PHP, Python etc), any negligence, willful misconduct, or use of the Services in breach of Full Value Host's Terms and Conditions and Acceptable Use Policy;

G) e-mail or webmail delivery and transmission;

H) DNS (Domain Name Server) Propagation;

I) outages elsewhere on the Internet that hinder access to your account.

Technomax (Full Value Host) is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Technomax will guarantee only those areas considered under the control of Full Value Host: server links to the Internet, routers, and servers.

4. Credit Request and Payment Procedures

To receive a credit, the customer must make a request by sending an e-mail message the contact us form on our site. The e-mail message MUST include the relevant website, or server ID in the comments section. Each request in connection with this SLA must include the customer’s account number and the dates and times of the unavailability of customer’s services and must be received by Full Value Host within 3 business days after the customer’s service was not available. If the unavailability is confirmed by Full Value Host, credits will be applied within two billing cycles after Full Value Host'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 30% of 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 Technomax (Full Value Host) and are customer’s sole and exclusive remedy with respect to any failure or deficiency in the availability of the services.

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