This Service Level Agreement (SLA) for web site / server Availability applies to you ("customer") if you have ordered any of our hosting account services from Palcom (the "Services") and your account is current (i.e., not overdue) with Palcom. As used herein, the term "Web site/server 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 Web site is available for access by third parties via HTTP and HTTPS, as measured by Palcom.

Service Level

Assurance : Palcom's assurance is to achieve 100% Web site/server Availability for all customers

Remedy : Subject to Sections 3 and 4 below, if the Web Site Availability of customer's Web site is less than 100%, Palcom 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:

Exceptions:
 
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web site/server Availability caused by or associated with:

1.  Circumstances beyond Palcom'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 Palcom Network, unless such failure is caused solely us;

3. Scheduled maintenance and emergency maintenance and upgrades;

4.  DNS issues outside our direct control;

5.  Issues with FTP, POP, IMAP, or SMTP customer access;

6.  False SLA breaches reported as a result of outages or errors of any of our 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, etc), any negligence, willful misconduct, or use of the Services in breach of our Terms and Conditions and Acceptable Use Policy;

8.  E-mail or web mail delivery and transmission;

9.  DNS (Domain Name Server) Propagation.

10.  Outages elsewhere on the Internet that hinder access to your account. We are not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. We guarantee only those areas considered under our control: our server links to the Internet, our routers, and our servers.

Credit Request and Payment Procedures:
 
To receive a credit for a Shared Hosting Account, the customer must make a request therefore by sending an e-mail message to slacredit@palcom.net. The e-mail message MUST include the domain name of the customer's account in the "Subject" line. Each request in connection with this SLA must include the customer's account number (given in our invoice) and the dates and times of the unavailability of customer's Web site and must be received by us within ten (10) business days after the customer's Web Site was not available. If we confirm the unavailability, credits will be applied within two billing cycles after the receipt of the customer's credit request. Credits are not refundable and can be used only towards future billing charges.

To request a credit for a Server Hosting Account, the customer must login as a client using Client Login Interface, select the specific account to view the Account Details, and then select the button labeled " Request SLA Review ." Each request in connection with this SLA must include the dates and times of the unavailability of customer's Web site and must be received us within ten (10) business days after the customer's Web Site was not available. If the unavailability is confirmed us, credits will be applied within two billing cycles after the 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 us and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of customer's Web site.

Note: Credits are not refundable and can be used only towards future billing charges.