Network Service Level Guarentee - Reliable, Friendly and Affordable Web Site design and Hosting by SilverStar WebDesigns Inc.

Network Service Level

SilverStar WebDesigns Inc. offers a 99.5% Network Availability guarantee. This SLA applies to any customer who has purchased Internet service and has a valid SilverStar WebDesigns Inc. sales agreement. If Network Availability does not meet our 99.5% uptime guarantee, customers may request a 5% credit to their account for every hour the Network is down, not to exceed 50% of their base monthly fee.

Definitions

For purposes of this Network SLA, the following terms have the meanings set forth below:

"SilverStar WebDesigns Network" means the SilverStar WebDesigns provided telecommunications network, which is comprised of: All network equipment owned and controlled by SilverStar WebDesigns; All cabling within the SilverStar WebDesigns Data Center.

The "SilverStar WebDesigns Network" does NOT include:

Equipment located on the customer premise; Circuits between the SilverStar WebDesigns Data Center and the customer location; Any networks or network equipment not owned or controlled by SilverStar WebDesigns.

"Base Monthly Fee" means the base monthly fee paid by customer for the standard product(s) being provided to it by SilverStar WebDesigns. The Base Monthly Fee does not include any other fees which might be charged to customer, including, without limitation, set-up fees, charges relating to incremental bandwidth usage and fees for electricity, extra IP addresses, RAM, hard drives beyond that which is available without additional charge under SilverStar WebDesigns standard rates or services to which a customer subscribes.

"Network Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the network is available for access by third parties, as measured exclusively by SilverStar WebDesigns.

Network SLA

SilverStar WebDesigns offers a 99.5% Network Availability guarantee. This SLA applies to any customer who has purchased Internet service and has a valid SilverStar WebDesigns sales agreement. If Network Availability does not meet our 99.5% uptime guarantee, customers may request a 5% credit to their account for every hour the Network is down, not to exceed 50% of their base monthly fee.

Exceptions

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

Circumstances beyond SilverStar WebDesigns 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, e-commerce 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;

Outages elsewhere on the Internet that prevent access to an account. This SLA applies only to those areas under the direct control of SilverStar WebDesigns, including links to the Internet and SilverStar WebDesigns routers.

Degradation of service due to high packet loss or similar conditions, which may be indicative of the Internet as a whole;

Server hardware failure; (refer to web site SLA)

Failure of access circuits to the SilverStar WebDesigns Network, unless such failure is caused solely by SilverStar WebDesigns;

Scheduled maintenance and emergency maintenance and upgrades;

DNS (Domain Name Server) issues outside the direct control of SilverStar WebDesigns;

Issues with FTP, POP, IMAP, or SMTP customer access;

False outages reported as a result of any SilverStar WebDesigns measurement system problems or errors.

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, etc.);

Any negligence, willful misconduct, or use of the Services in breach of SilverStar WebDesigns Terms and Conditions and Acceptable Use Policy; by user or other users.

Credit Request and Payment Procedures

In order to receive credit, you must submit a request within 7 business days of the occurrence through the Help Desk. The date and approximate time of the network failure must be included in the Help Desk ticket. If SilverStar WebDesigns confirms the unavailability, credits will be applied within two billing cycles after SilverStar WebDesigns receipt of customer's credit request. SilverStar WebDesigns will not process incomplete credit requests.

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