Web Hosting Service Level Agreement (SLA)

Rebates for Downtime

Conditions

1. Customer's whose accounts are in arrears are NOT eligible for rebates under this agreement.

2. Customer's whose accounts have been suspended by D Host for any reason are NOT eligible for rebates under this agreement.

3. 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:

i. Circumstances beyond our 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.

ii. Failure of access circuits to our network or it's upstream providers, unless such failure is caused solely by D Host.

iii. Scheduled maintenance and emergency maintenance and upgrades.

iv. DNS issues outside the direct control of D Host.

v. Erroneous results reported by D Host's monitoring systems.

vi. 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., PHP, ASP, CGI, etc), any negligence, willful misconduct, or use of the Services in breach of D Host's Terms and Conditions.

vii. DNS (Domain Name Server) Propagation.

viii. Outages elsewhere on the Internet that hinder access to your account. D Host is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. D Host will guarantee only those areas considered under their control - D Host's server links to the Internet and D Host's servers.

Rebate Procedure

In order to receive a refund, the customer must make a request for a refund in writing (either by email, fax or letter). The request must include the customer's account name (as per the customer's control panel login) and the month for which the rebate is requested. This request must be received by D Host within ten (10) business days after the month for which the rebate is sought.