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Service Level Agreement

The iHostKing.com Service Level Agreement (SLA) guarantees our network/equipment reliability and performance.

Uptime Guarantee:
iHostKing.com strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by iHostKing.com monitoring systems or iHostKing.com authorized/contracted outside monitoring services. If iHostKing.com fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. iHostKing.com does not credit a full month's service for minor downtime. This would not be financially viable for iHostKing.com, and in turn would only negatively affect the service level iHostKing.com provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, iHostKing.com may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.

Exceptions:
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the iHostKing.com network caused by or associated with:

· Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (i.e. fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement

· Telco Failure (i.e. cutting a fiber line somewhere)

· Backbone peering point issues (PAIX)

· Scheduled maintenance for hardware/software upgrades

· DNS issues not within the direct control of iHostKing.com

· Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of iHostKing.com service(s) in breach of iHostKing.com Policy and Service Guidelines (AUP), by Client or others authorized by Client.

· DDOs attacks or any IRC related attacks

Connectivity:
iHostKing.com goal is to make the iHostKing.com network available to Client free of outages for 99.5% of the time. An "outage” is defined as an instance in which Client is unable to transmit and receive IP packets due to a iHostKing.com service failure for more than 15 consecutive minutes, excluding service failures relating to iHostKing.com scheduled maintenance and upgrades. The iHostKing.com network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. iHostKing.com goal is to keep Average Round-Trip Latency on the iHostKing.com network to 85 milliseconds or less. iHostKing.com defines “Average Round-Trip Latency”, with respect to a given month, as the average time required for round-trip packet transfers between the iHostKing.com network and major US backbone peering points during such month, as measured by iHostKing.com. iHostKing.com goal is to keep Average Packet Loss on the iHostKing.com network to 1% or less. iHostKing.com defines “Average Packet Loss”, with respect to a given month, as the average percentage of IP packets transmitted on the iHostKing.com network during such month that are not successfully delivered, as measured by iHostKing.com.

Measurement:
iHostKing.com will periodically (on average every 10 minutes) monitor iHostKing.com network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that that such measurements may not measure the exact path traversed by Client’s internet connection, and that such measurements constitute measurements across the iHostKing.com network but not other networks to which Client may connect. iHostKing.com reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by iHostKing.com and made available to Client.

Hardware Failure:
iHostKing.com stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. iHostKing.com utilizes only name brand hardware of the highest quality and performance. iHostKing.com will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site Cisco™ engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current iHostKing.com contracts with Cisco™ and backbone providers in regard to the emergency repair service in case of such an issue. iHostKing.com will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades.

Credits:
In the event that there is no Web Site Availability, iHostKing.com will credit the monthly service charge for the Service as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month:

Web Site Availability Credit
95% to 99.4% = 25%
90% to 94.9% = 50%
89.9% or below = 100%

In order for YOU to receive a credit on YOUR account, YOU must request such credit within five (5) business days after YOU experienced no Web Site Availability. YOU must request credit by sending an electronic mail message to admin@iHostKing.com.com. For security, the body of this message must contain YOUR account number/domain name, the dates and times of the unavailability of YOUR web site, and such other customer identification requested by iHostKing.com. Credits will usually be applied within sixty (60) days of YOUR credit request. Credit to your account shall be YOUR sole and exclusive remedy in the event that there is no Web Site Availability.

General:
iHostKing.com reserves the right to change or modify this SLA, and will post changes or modifications thereto, on the iHostKing.com website. Except as set forth in this SLA, iHostKing.com makes no claims regarding the availability or performance of the iHostKing.com network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed, and/or agreed to by client by clicking the acceptance box upon signing up for our service. In the case of different terms/points in SLA and Service Agreement, the Service Agreement terms/points shall prevail over this general SLA policy. The Service Agreement signed/agreed to by client, takes precedent over this SLA, and Service Agreement terms are in effect, and controlling over this SLA, including, but not limited to, it's limitations of liability.