This Service Level Agreement (SLA) applies to you (“customer”) if you have ordered any services from ROT (the “Services”) and your account is current (i.e., not past due) with ROT. Services covered under this SLA include Virtual Server Hosting Plans (Bronze, Silver, Gold, Platinum, Platinum+), or Virtual Applications Hosting Plans (Privately Hosted Exchange, Load-Balanced Web Servers, Ideal.DEV, Ideal.ASP, Virtual Office Network). The term “Service Availability” refers to the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the virtual servers are available for access via Virtual Infrastructure Client, as measured by ROT.

Service Level

Goal: ROT’s goal is to achieve 100% Service Availability for all customers.

Remedy: Subject to Sections 3 and 4 below, if the Service Availability of customer’s Virtual Servers is less than 100%, ROT will issue a credit to the customer as per the following schedule:

• Services Availability: Credit Percentage
• 100%: 0%
• 99.9 to 99.999%: 1%
• 98 to 99.89%: 5%
• 95 to 97.99%: 10%
• 90 to 94.99%: 25%
• 80 to 89.99%: 50%
• 79.99% or below: 100%

Exceptions

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

• Circumstances beyond ROT’s reasonable control
• Scheduled maintenance and emergency maintenance and upgrades
• DNS issues outside the direct control of ROT Issues with FTP, POP, IMAP, or SMTP customer access
• False SLA breaches reported as a result of outages or errors of any ROT measurement system
• Customer’s acts or omissions

Credit Request and Payment Procedures

To receive a credit, the customer must make a request by sending an e-mail message to [email protected]

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 Web site and must be received by ROT within ten (10) business days after the customer’s services were not available. If the unavailability is confirmed by ROT, credits will be applied within two billing cycles after ROT’s receipt of the customer’s credit request. Credits are not refundable and can be used only towards future billing charges.

Limitation of Liability

The total amount credited to the customer in a particular month under this SLA shall not exceed the total fee paid by the customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to the customer and are the customer’s sole and exclusive remedy with respect to any failure or deficiency in the Customer’s Services Availability.