1. SERVICE UPTIME. HOSTSELLERS' target uptime for the Service is 99.9% of the time in every calendar month and HOSTSELLERS provides you with a 99.9% Critical Services Uptime Guarantee as defined below. If HOSTSELLERS fails to meet the 99.9% Critical Services Uptime Guarantee you will be entitled to receive a credit in accordance with the Credit Table below if: (a) you apply for the credit within sixty (60) days of the last day of the month in which the 99.9% Critical Services Uptime Guarantee was not met, and (b) more than 20% of HOSTSELLERS customers are affected. Such credits may be deducted from amounts otherwise payable by you to HOSTSELLERS hereunder. In the event there is a dispute regarding credits, HOSTSELLERS reserves the right to make the final decision about whether credits will be provided to you. If the availability for any three (3) month period is less than 98.00%, you will have the right to terminate your Services Agreement with HOSTSELLERS.

a."99.9% Critical Services Uptime Guarantee" means that HOSTSELLERS guarantees that Down Time with respect to the Critical Services shall not exceed 0.1% of the time during a rolling two (2) month period (computed by reference to a 31 day month).

b."Critical Services" means the email services, web hosting services, DNS services, and the HOSTSELLERS network to the extent that such services do not include Closed Source Applications, as defined in Section 4.

c."Down Time" means periods of time that the Critical Services are not functional and available to HOSTSELLERS customers and does not include any period of time during which services are not functional or available as a result of:

i. maintenance, scheduled or otherwise, performed by HOSTSELLERS;
ii. third party intrusions, including without limitation denial of service or similar attacks;
iii. downtime resulting from misuse by End-Users (as defined in the Terms of Use)
iv. errors or non-performance of third-party software, including without limitation, Microsoft Access, .asp, .jsp, Cold Fusion or Miva Merchant; or
v. any event that is not within HOSTSELLERS' control.

Credit Table

All claims for credit under this guarantee must be submitted to the HOSTSELLERS customer Help Desk Customer requesting claim must be same contact listed on the account in order to receive credit.  
 
2. WEB HOSTING. HOSTSELLERS will use commercially reasonable efforts to ensure that your web site is available online, twenty-four (24) hours following receipt of payment from you for services.

3. MAINTENANCE SERVICES. HOSTSELLERS will provide system maintenance as long as this SLA has not been terminated or amended. Maintenance is performed at times which least impact HOSTSELLERS' customers based on minimal overall activity on the HOSTSELLERS systems. Notwithstanding the foregoing, HOSTSELLERS reserves the right, in its reasonable discretion, to perform any emergency work at any time.

4. CLOSED SOURCE PLATFORM APPLICATIONS. ColdFusion, ColdFusion MX, ASP, ASP.NET, JSP, and Miva Merchant applications are hosted on a closed source platform (“Closed Source Applications”).

5. ACCESS DATABASES. Microsoft Access databases are not designed for, nor recommended for use on web sites which receive high volumes of Internet traffic. HOSTSELLERS does not guarantee the performance of web sites which make use of Microsoft Access databases.

6. EASYMAIL/MAILING LISTS

a. EasyMail Email Accounts are restricted to a maximum size of 1GB for Business Class and 100MB for Personal Class. If you exceed this limit we may suspend or terminate your account and your email messages may be lost.

b. EasyMail Email Accounts’ Email transfer limit is a maximum of 50MB for each separate request by the mail server.