Coverage Definitions

This Web Site Uptime Service Level Agreement (SLA) applies to you ("customer") if you have ordered hosting account services from The Energy Grid (the "Services") and your account is current (i.e., not past due) with The Energy Grid: Shared Web Hosting Plans. The term "Web Site Uptime" 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 The Energy Grid systems/services.

Service Level Goal

The Energy Grid's goal is to achieve 100% Web Site Availability and Uptime for all our customers.

Remedy

If the Web Site Uptime of customer's Web site is less than 100%, The Energy Grid 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 (per section 3 and 4 below):

Website Uptime Credit Percentage

Downtime Amounts

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 The Energy Grid's control including, war, strike or other labor disturbance, unavailability/interruption/delay in telecommunications, virus attacks and/or hackers, third party software failure (free scripts, ecommerce software, Merchant Gateways), fire, flood, tornado, earthquakes, acts by any governing body, embargo, boycott, or inability to obtain supplies, raw materials, or power used in or equipment needed for provision of this Service Level Agreement;
• failure of access circuits to the The Energy Grid Network, unless the failure is caused solely by The Energy Grid;
• emergency maintenance, scheduled maintenance, and system upgrades;
• domain name system (DNS) problems outside of the control of The Energy Grid;
• issues with FTP, POP, IMAP, or SMTP customer access;
• customer'sacts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (ie., PHP, Python, CGI, Perl, HTML, ASP, etc...), any negligence, willful misconduct, or use of the Services in breach of Successful Hosting's Acceptable Use Policy;
• problems elsewhere on the internet that prohibit you from viewing your account. The Energy Grid is not responsible for browser, DNS, or other caching that might make it appear your site is unavailable even though others can still access your information. This guarantee covers areas The Energy Grid controls such as our servers, routers, and switches.

Credit Request and Payment Procedures

In order to receive a credit, customer must open a billing ticket in our help desk. Each request in connection with this SLA must include customer's account number (domain name) and the dates and times of the unavailability of customer's Web site. The request must be received by The Energy Grid within ten (10) business days after customer's Web Site was not available. If the unavailability is confirmed by The Energy Grid, credits will be applied within two billing cycles after The Energy Grid's receipt of customer's credit request.

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 to customer or collected by The Energy Grid 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.

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