Legal

Service Availability

The Service(s) that deliver website updates based on already inputted information shall be available 99%, measured monthly and excluding scheduled maintenance. If Customer requests maintenance during these hours, any uptime or downtime calculation will exclude periods affected by such maintenance. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond Company's control will also be excluded from any such calculation.

Service Credits and Downtime

Customer's sole and exclusive remedy, and Company's entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than one hour, Company will credit Customer 1% of Service fees for each period of 30 or more consecutive minutes of downtime; provided that no more than one such credit will accrue per day. Here, 1% of Service fees is simply 1% of the total amount that Customer pays Company for the month in which downtime occurs.

Downtime shall begin to accrue as soon as Customer (with notice to Company) recognizes that downtime is taking place, and continues until the availability of the Services is restored. In order to receive downtime credit, Customer must notify Company in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit.

Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Service Fees in any one (1) calendar month in any event. Company will only apply a credit to the month in which the incident occurred. Company's blocking of data communications or other Service in accordance with its policies shall not be deemed to be a failure of Company to provide adequate service levels under this Agreement.

Excluded Downtime

Notwithstanding any provision in this Agreement to the contrary, no downtime will be deemed to have occurred if downtime:

• (i) is caused by factors outside of Company's reasonable control, including, without limitation, telecommunications provider-related problems or issues, Internet access or related problems occurring beyond the point in the network where Company maintains access and control over the Services;
• (ii) results from any actions or inactions of Customer or any third party (except for Company's agents and subcontractors);
• (iii) results from the Customer Applications, Customer's equipment, software or other technology, Add-on services, or third party equipment, software or other technology (except for equipment within Company's direct control);
• (iv) occurs during Company's scheduled maintenance for which Company will provide at least twenty-four (24) hours prior notice;
• (v) occurs during Company's emergency maintenance (maintenance that is necessary for purposes of maintaining the integrity or operation of the Services), regardless of the notice provided by Company;
• (vi) results from any alpha, beta, developer preview, development test bed environments, descriptions of similar import or not otherwise generally available Company's features or products; or
• (vii) periods of downtime that are less than five (5) minutes of continuous unavailability in duration (collectively, the "Excluded Downtime").

Limitation of Liability

With respect to any failure of Company to meet the availability percentage above, as applicable, this exhibit states Company's sole and entire liability to Customer and Customer's sole remedy.

Contact

For questions about this SLA or to request service credits, please contact us through our contact page or email support.