Service-Level Agreement

Application of Hireserver SLA

Certain rights and remedies regarding the performance of the Hireserver and servers (as defined below). Use of Hireserver Service constitutes acceptance and Agreement to Hireserver AUP (Acceptable Use Policy) as well as Hireserver TOS (Terms of Service) available on http://Hireserver.com

Definitions

For purposes of these Hireserver SLAs, the following terms have the meanings set forth below:

* "Base Monthly Service Fee" consists solely of the base monthly fee paid by the customer for the affected Hireserver service and excludes all other fees which the customer might be charged, including, by way of example and not limitation, setup fees, fees for local loop, space rental fees, charges for additional services such as managed services, incremental bandwidth usage or hard drives beyond that which is available without additional charges under Hireserver standard rates, hourly support, and other types of optional additional services.

Summary of Hireserver SLAs

As described in more detail below, this Hireserver SLAs provides commitments based upon goals in the following key areas:

Hireserver Availability

100% Service Uptime Guarantee

Due to our extensive network infrastructure, Hireserver can provide its customers with a 100% Network Uptime Guarantee. This guarantee applies to Hireservers network uptime and not to any hardware, software, or services running on a customer's server. In the event that any service does not experience 100% uptime in a given month, Hireserver will credit 5% of the customer's base monthly service fee for the first hour of downtime and subsequently an additional 5% for each hour of downtime thereafter, with a maximum of an 80% refund. Any emergency scheduled downtime taken by Hireserver will not apply towards this downtime calculation, nor to the credit calculation.

Account credits will be issued when the client makes an SLA credit request. All requests for credits must be made within three days of the incident. All credit requests must be made by creating a support ticket at http://Hireserver.com/.

Exceptions

Hireserver cannot be held liable for server downtime or data loss in any circumstance unless due to direct negligence, including but not limited to the following circumstances:

Circumstances beyond Hireserver's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, 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 the provision of the Hireserver SLA's;

Failure to access circuits to the Hireserver Network, unless such failure is caused solely by Hireserver;

Scheduled maintenance and emergency maintenance and upgrades;

DNS issues outside the direct control of Hireserver;

False SLA breaches reported as a result of outages or errors of any Hireserver uptime monitoring system; or

Customer's acts or omissions (or act or omissions of others engaged or authorized by customer), including without limitation, any negligence, willful misconduct, or use of the Hireserver or Hireserver services in breach of Hireserver Terms and Conditions of Service or Hireserver Acceptable Use Policy.