VPS Hosting Service Level Agreement

This service level agreement is hereby made part of the Dedicated Server Terms of Service between Client and Lunarpages, a division of Add2Net, Inc.   In the event of any conflict between this Agreement and the Dedicated Terms of Service the Dedicated Terms of Service shall control.

Lunarpages is a world leader in dedicated webhosting services. We are committed to providing you with a reliable, high-quality dedicated server and related services together with world class support. As part of this commitment, Lunarpages is pleased to offer eligible customers the following Service Guarantees.

Client, or its representatives, must cooperate with Lunarpages in the account initiation process; including the true and accurate completion of an order form containing detailed account information and progressive contact listings. Changes in an order made by or on behalf of Client or the occurrence of events outside the reasonable control of Lunarpages, such as those listed in Force Majeure, may result in failures or delays for which Lunarpages is not responsible hereunder.

Guarantees

Virtual Private Server Availability Guarantee

Lunarpages guarantees 99.95% VPS Availability as measured below. Replacement of failed server components shall be performed at no cost to the customer including but not limited to components such as drives, switches and power supplies. VPS Availability is calculated based upon both log-in access and DNS access to the VPS.

Infrastructure Availability Guarantee

Lunarpages guarantees 99.95% Lunarpages Infrastructure Availability as measured below. Infrastructure includes HVAC and electrical power to your VPS . Infrastructure Availability is calculated based upon the provision of such services to the Data Center within which your VPS is located.

Network Availability Guarantee

Lunarpages guarantees 99.95% Lunarpages Network Availability as measured below. Network Availability includes both incoming and outgoing bandwidth and is calculated based upon the level of connectivity to your VPS. Lunarpages monitors Network availability on a 24 hour basis.

Service Credit Guarantee

In the event of any performance failure at a level above that set forth in the Guarantees above, Client’s account shall be credited with service credits for the service in question in an amount equal to one full day of charges for that service for each 15 minutes of downtime.

Definitions

“Force Majeure” means acts beyond the reasonable control of Lunarpages, including, but not limited to, acts of God, fire, explosion, vandalism, natural disasters, earthquakes, storm or other similar occurrence, any law, order, regulation, direction, action or request of the United States Government or state or local governments, or of any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more said governments, or of any civil or military authority, national emergencies, insurrections, riots, wars, strikes, lock-outs, or work stoppages, or other labor difficulties, supplier failures, shortages, breaches or delays.

“Infrastructure Availability” consists of the number of minutes that HVAC and electrical power is available to Client’s VPS within the data center where Client’s VPS is located.  Infrastructure Availability does not include Scheduled Maintenance, or any unavailability resulting from: (a) problems with or maintenance on Client’s applications, equipment, or facilities; (b) acts or omissions of Client or an authorized user; (c) unavailability caused by companies other than Lunarpages; or (d) Force Majeure.

“Lunarpages Network” means the telecommunications/data communications network and network components owned, operated or controlled by Lunarpages. Lunarpages Network does not include customer premises equipment or any networks or network equipment not operated and controlled by Lunarpages.

“Network Availability” consists of the number of minutes that the Lunarpages Network is available to Client and does not include Scheduled Maintenance, or any unavailability resulting from: (a) problems with or maintenance on Client’s applications, equipment, or facilities; (b) acts or omissions of Client or an authorized user; (c) unavailability caused by companies other than Lunarpages; or (d) Force Majeure.

“VPS Availability” consists of the number of minutes that your Lunarpages’ VPS  is available to Client and does not include any number of minutes that Lunarpages’ VPS was unavailable associated with any Scheduled Maintenance to the VPS. VPS Availability does not include time related to the replacement of failed components. VPS Availability does not include Scheduled Maintenance, or any unavailability resulting from: (a) problems with or maintenance on Client’s applications, equipment, or facilities; (b) acts or omissions of Client or an authorized user; (c) unavailability caused by companies other than Lunarpages; or (d) Force Majeure.

“Scheduled Maintenance” shall mean any maintenance of Lunarpages’ Network (or portion thereof) to which Client’s VPS is connected which is performed during a standard maintenance window from 3:00AM to 6:00AM (location local time). Customers will be notified of such Scheduled Maintenance a minimum of 2 days prior to the commencement any Scheduled Maintenance.

“Virtual Private Server” (“VPS”) is a method of splitting a server such that it functions much like a dedicated server environment without requiring the space or computing power of an entire server. Each virtual server can run its own full-fledged operating system, and each server can be independently rebooted.

Service Credit Claim Process

Client may make a request for Service Credit at any time during the Agreement as long as Client’S Account with Lunarpages is in Good Standing. In the event of the submission of any such request, Client will be notified via email upon resolution of the request. If rejected, the notification will specify the basis for rejection. If approved, Lunarpages will issue Service Credit to Client’s account, to appear on the next invoice issued. Multiple Service Credits will not be given for the same period of time, ie; failure to meet multiple criteria during a period of time generates only a single Service Credit. The total number of Service Credits for problems occurring in a month may not exceed the Monthly Recurring charge actually paid by Client for service during that month. Service Credits will be credited against a Client’s monthly payment for Monthly Recurring Charges and may not be received in the form of a refund.

The Guarantees and Service Credits provided for in this Service Level Agreement assume compliance by Client with the terms and conditions of its agreement with Lunarpages, and the failure of Client to comply with those terms and conditions may invalidate Lunarpages’ guarantees provided herein. No credit is available for a Client (a) that is blocking Lunarpages from monitoring Client’s equipment; (b) that does not provide the necessary access to personnel and facilities at the premises to enable Lunarpages to perform comprehensive troubleshooting; or (c) whose account is not in good financial standing with Lunarpages. Lunarpages is not liable for failure to fulfill its obligations hereunder if such failure is due to (a) Client’s use of bandwidth in excess of the amount specified in Client’s Agreement with Lunarpages, (b) Client’s tampering with any equipment, or (c) acts beyond Lunarpages’ reasonable control. This Service Level Agreement is not binding upon Lunarpages as part of Client’s contract unless it has been approved by Lunarpages.

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