SLA

FatJack Hosting Availability Guarantee ensures Internet connectivity is provided to FatJack Hosting customers 99.9% of the time and, as set forth below; FatJack Hosting will credit Customer's account if FatJack Hosting fails to meet this Network Uptime Guarantee during any given calendar month. At Customer's request, FatJack Hosting will calculate Customer's "Network Unavailability" in a calendar month. "Network Unavailability" consists of the number of minutes that the FatJack Hosting Network was not available to the customer, but will not include unavailability which Customer fails to report to FatJack Hosting within five days, or any unavailability resulting from

• (a) Scheduled FatJack Hosting Network Maintenance.
• (b) Equipment failure.
• (c) Customer's applications or equipment.
• (d) Acts or omissions of Customer.
• (e) any use or user of the service authorized by Customer or
• (f) reasons of Force Majeure.

For each cumulative one half hour (30 minutes) of Network Unavailability or fraction thereof in any calendar month, Customer's account shall be credited for the pro-rated charges for one day of the FatJack Hosting Monthly Fee, up to but not exceeding the monthly hosting fee. This does not include additional charges such as bandwidth overages.

The total credit granted to customer by any aspect of this Service Level Guarantee during any calendar month will not exceed the monthly fee for the same calendar month.

All guarantees will not apply if downtime or unavailability occurs during standard FatJack Hosting maintenance windows, when Customer is notified at least 24-hours in advance of maintenance activities or unavailability of service guarantees. FatJack Hosting.

Credits or remedy will be provided only upon request of the customer. Requests for credit due to Internet Connectivity must be received within 5-days of the failure.

No guarantee or remedy will be provided at any time for failures determined attributable to reasons of Force Majeure.

This SLA is subject to change at the sole discretion of FatJack Hosting, without notice to Customer. The most recent revision of this document will be posted to FatJack Hosting web site. All changes made to the SLA will be effective five (5) days after the first publishing date.

This SLA in no way construes FatJack Hosting will guarantee performance against failures of application specific failures, such as web server software, operating system software, failing hardware, web site application features, database performance or related components. It will be at FatJack Hosting sole discretion to determine fault and identify failure to perform under the obligations of this SLA.