Service Level Agreement
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Coverage And Definitions

This Service Level Agreement (SLA) applies to you ("customer") if you have ordered any hosting service plan (the "service") from Iconic Media and your account is current (ie: not past due) with Iconic Media.

As used herein, the term "Service 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 service is available for access by third parties via HTTP and HTTPS, as measured by Iconic Media.

Service Level

· Goal:

Iconic Media's goal is to achieve 100% service availability for all customers.

· Remedy:

Subject to the exclusions below, if the service availability is less than 100%, Iconic Media will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the actual monthly service charge paid by the customer for the affected service.

Service Uptime Credit % 99.5% to 100% 0% 98% to 99.4% 10% 95% to 97.9% 25% 90% to 94.9% 50% 89.9% or below 100%

Service Downtime Credit % less than 42.2 minutes 0% 42.3 - 864 minutes 10% 865 - 2160 minutes 25% 2161 - 4320 minutes 50% Greater than 4320 minutes (72 hours) 100%

* Assumed a 30 day month, 43200 minutes in a month, 1440 minutes in a day

Exceptions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of service availability caused by or in association with:

1. Circumstances beyond Iconic Media's reasonable control, including, without limitation, acts of any governmental body, war, terrorism, insurrection, sabotage, armed conflict, embargo, fire, flood, strike, weather, earthquake, 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 Iconic Media Network, unless such failure is caused solely by Iconic Media;
3. Scheduled maintenance and emergency maintenance and upgrades;
4. DNS (Domain Name System) issues outside the direct control of Iconic Media;
5. Issues with FTP, POP, or SMTP customer access;
6. Erroneous SLA outages reported as a result of outages or errors of any Iconic Media 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, PHP, etc., any negligence, willful misconduct, or use of the Service in breach of Iconic Media's Terms and Conditions and Acceptable Use Policies;
8. E-mail or webmail delivery and transmission;
9. DNS propagation;
10. Outages elsewhere on the Internet that hinder access to your account or services. Iconic Media is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Iconic Media will guarantee only those areas considered under the control of Iconic Media such as our servers, routers, and switches.

Credit Request and Payment Procedures

In order to receive a credit, customer must make a request by sending an email message to accounting@iconicmedia.net. Each request in connection with this SLA must include the customer's account number (as per Iconic Media's invoice) and the dates and times of the unavailability of customer's service and must be received within ten (10) business days after the outage or unavailability occurred. If the unavailability is confirmed by Iconic Media, credits will be applied within two billing cycles after Iconic Media's receipt of customer's credit request.

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 Service. Credits are exclusive of any applicable taxes charged to customer or collected by Iconic Media and are the customer's sole and exclusive remedy with respect to any failure or deficiency in the service availability of customer's service.

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