Service Level Agreement

This Ingenious Website Solution Service Level Agreement ("SLA") applies to all shared and dedicated clients. The Client agrees that measurements via our third party establish the eligibility for any applicable Performance Credit. In the event that the Client determines that a discrepancy in such measurement exists, Client shall promptly notify Ingenious Website Solution and Ingenious Website Solution and Client will mutually agree upon the validity and accuracy of the measurement, and upon Client's eligibility for any applicable Performance Credits.

This SLA may be amended at any time by Ingenious Website Solution.

Ingenious Website Solution Network is defined as the equipment, software, and facilities within the Ingenious Website Solution network segment, including Ingenious Website Solution's contracted ISP services to which the Ingenious Website Solution network segment is connected and collectively utilized by Ingenious Website Solution to provide dedicated and co-location services.

Service Availability is the total time in a calendar month that the Ingenious Website Solution is available through the Internet, provided that Client has established connectivity. Ingenious Website Solution takes responsibility for the Service Availability within its immediate network segment, and cannot be held liable for problems directly related to an upstream bandwidth provider. The Ingenious Website Solution Network will be available to clients free of Network Outages for 99.9% of the time.

Service Downtime is any unplanned interruption in Service Availability during which the Client is unable to access the services as described in preceding section, provided the interruption is determined to have been caused by a problem in the immediate Ingenious Website Solution network segment as confirmed by Ingenious Website Solution. Service Downtime is measured as the total length of time of the unplanned interruption in Service Availability during a calendar month. Ingenious Website Solution is not responsible for any unplanned outages due to third-party software failure are the direct responsibility of the software publisher and not of Ingenious Website Solution.

Scheduled Service Downtime is any Ingenious Website Solution interruption of Hosting Services. Scheduled Service Downtime occurs during a Ingenious Website Solution server maintenance window, which occurs in conjunction with a 24 hour notice to the Client via electronic communication.

Performance Credit occurs when 99.9% uptime is not met. Ingenious Website Solution will refund the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of the customer's monthly fee). Network downtime is measured from the time a trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.

Monitoring Service is the service Ingenious Website Solution provides in order to analyze availability of HTTP based services and applications through its third party monitoring system.

Service Downtime Performance Credit

In the event of Service Downtime in which monthly Service Availability is less than 99.9%, Client will receive a Performance Credit as described above.

Service Exclusions

This SLA does not cover Service Downtime caused by problems in the following:

* Client's local area network

* Client-provided Internet connectivity or end-user software

* Entities inside Client's internal network including, but not limited to, firewall configuration and bandwidth shaping, local area workstations, or other servers, equipment, and software that have a potential bearing on the local networking environment.

Service Downtime Exclusions

The following are excluded from the monthly calculation of Service Availability:

* Any utilized Scheduled Service Downtime

* Any problems beyond the immediate Ingenious Website Solution network segment

* Any interruptions, delays or failures caused by Client or Client's employees, agents, or subcontractors, such as, but not limited to, the following: Inaccurate configuration, Non-compliant use of any software installed on the server, Client initiated server over-utilization, Any problems related to attacks on the machine such as hacking, bandwidth-based attacks of any nature, and service or operating system exploits.