SHARED HOSTING SLA

NOTE: This SLA is current as of February 3, 2012.

Service Level Agreement -- Uptime Guarantee

The Service Level Agreement (SLA) covers certain aspects of our Shared Hosting hosting accounts. Our goal is to achieve 100% availability for all customers. The SLA serves to provide you confidence and assurance that we stand behind our hosting accounts.

In the event that one of your hosting accounts falls below 99.9% availability you may request a credit per the terms and conditions of the SLA. To request a credit you must send an email to billing@cyberlynk.net providing specific details to your request.

Requests for credits must be received by Cyberlynk within ten (10) days after the incident for which the review is being requested. If the unavailability is confirmed by CyberLynk, a credit will be applied within two (2) weeks. Credits are not refundable and can only be used for current or future charges.

Complete terms and conditions of SLA can be found below.

1. Coverage; Definitions

This Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered any of the following hosting account services from CyberLynk (the "Services") and your account is current (i.e., not past due) with CyberLynk: Shared Web Hosting Plans, E-Commerce Plans, Email Hosting, FTP Hosting, List Server or Virtual Private Servers. As used herein, the term "Hosting Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the content of customer's site is available for access by third parties through HTTP, HTTPS, FTP, POP3 and SMTP as measured by CyberLynk.

2. Service Level

1. Goal:

   CyberLynk's goal is to achieve 100% Hosting Availability for all customers.

2. Remedy:

   Subject to Sections 3 and 4 below, if the Hosting Availability of customer's site is less than 100%, CyberLynk will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services:

3. Exceptions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Hosting Availability caused by or associated with:

1. circumstances beyond CyberLynk's 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, ecommerce 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;
2. failure of access circuits to the CyberLynk Network, unless such failure is caused solely by CyberLynk;
3. scheduled maintenance and emergency maintenance and upgrades;
4. DNS issues outside the direct control of CyberLynk;
5. issues with FTP, POP, IMAP, or SMTP customer access;
6. false SLA breaches reported as a result of outages or errors of any CyberLynk measurement system;
7. 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, Cold Fusion, etc), any negligence, willful misconduct, or use of the Services in breach of CyberLynk's Terms and Conditions and Acceptable Use Policy;
8. e-mail or webmail delivery and transmission;
9. DNS (Domain Name Server) Propagation.
10. outages elsewhere on the Internet that hinder access to your account. CyberLynk is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. CyberLynk will guarantee only those areas considered under the control of CyberLynk: CyberLynk server links to the Internet, CyberLynk's routers, and CyberLynk's servers.

4. Credit Request and Payment Procedures

To request a credit for any hosting service please send an email to Billing@CyberLynk.net.

Each request in connection with this SLA must include the dates and times of the unavailability of customer's site and must be received by CyberLynk within ten (10) business days after the customer's Site was not available. If the unavailability is confirmed by CyberLynk, credits will be applied within two billing cycles after CyberLynk's receipt of the customer's credit request. Credits are not refundable and can be used only towards future billing charges.

Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total hosting fee paid by customer for such month for the affected Services.

Credits are exclusive of any applicable taxes charged to customer or collected by CyberLynk and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Hosting Availability of customer's site.