PolyFaust provides Internet World Wide Web page hosting, and Development. PolyFaust endeavors to have the content of your Web site available This Service Agreement ("SA") outlines those agreements and guarantees. PolyFaust retains sole discretionary power when determining if a guarantee has not been met.

99.9% (Shared) Uptime Guarantee

(1.) Coverage

This 99.9% uptime guarantee applies to any PolyFaust client in good financial standing with PolyFaust at the time of a service outage.

(2.) Service Agreement & Specifications

PolyFaust endeavors to have the content of your web site available for http access by any party in the world 99.9% of the time. Network downtime (unavailability) is defined as 100% packet loss from PolyFaust to its backbone providers. Downtime is measured past 1 hour after notification of network failure via the technical support number. PolyFaust's administrators will determine the end of the downtime by a trace-route to the customer's machine from outside the PolyFaust network.

(3.) Credits

Shared Hosting - In the event that your web site is not available for more than 99.9%, PolyFaust will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed fifty (50) percent of the monthly service charge for the affected month.

In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by contacting customer service. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.

(4.) Restrictions

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

1. circumstances beyond PolyFaust'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 SA;

2. failure of access circuits to the PolyFaust Network, unless such failure is caused solely by PolyFaust;

3. scheduled maintenance and emergency maintenance and upgrades;

4. DNS issues outside the direct control of PolyFaust;

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

6. false SA breaches reported as a result of outages or errors of any PolyFaust 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 PolyFaust'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. PolyFaust is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. PolyFaust will guarantee only those areas considered under the control of PolyFaust: PolyFaust server links to the Internet, PolyFaust's routers, and PolyFaust's servers.

Latency Guarantee

PolyFaust's goal is to keep Average Round-Trip Latency on the PolyFaust Network to 85 milliseconds or less. "Average Round-Trip Latency", with respect to a given month, means the average time required for round-trip packet transfers between Selected POPs on the PolyFaust Network during such month, as measured by PolyFaust. If Average Round-Trip Latency on the PolyFaust Network for a calendar month exceeds 85 milliseconds, then upon Customer's request (in accordance with the procedure set forth below), PolyFaust will issue a credit to Customer equal to and not to exceed in any calendar month one day's worth of the Access Fee (as defined below) paid by Customer for such month.

Packet Loss Guarantee

PolyFaust's goal is to keep Average Packet Loss on the PolyFaust Network to 1% or less. "Average Packet Loss", with respect to a given month, means the average percentage of IP packets transmitted on the PolyFaust Network during such month that are not successfully delivered, as measured by PolyFaust. If Average Packet Loss exceeds 1% during a calendar month, then upon Customer's request (in accordance with the procedure set forth below), PolyFaust will issue a credit to Customer equal to and not to exceed in any calendar month one day's worth of the Access Fee (as defined below) paid by Customer for such month.

The terms of this SA relating to Average Round-Trip Latency and Average Packet Loss will take effect the first full calendar month after Customer's first use of the PolyFaust Network.

Access Fee Definitions

The Access Fee consists solely of the base fee paid by Customer for standard server packages, including the use of the server, the use of electricity to the extent provided to the Customer without additional charge, and up to the amount of data transfer allowed each month without additional charge. The Access Fee for purposes of the SA credit excludes all other fees which might be charged to the Customer, including, without limitation, charges relating to managed services, incremental bandwidth usage and fees for electricity, extra IP addresses, RAM, or hard drives beyond that which is available without additional charge under PolyFaust's standard rates. This list of potentially excluded fees is offered solely for purposes of illustration and not by way of limitation.

The Access Fee for all other Customers is the base monthly access fee paid by Customer for use of the applicable PolyFaust service at the amount of data transfer allowed each month without additional charge, excluding set-up fees, fees for additional services, and for server and other types of options. Such excluded fees will vary by the type of applicable service, and could consist of fees for local loop, extra and/or burstable bandwidth, add-on components, extra IP addresses, hourly support charges, electricity when an additional fee is charge for such an item, and managed services. This list of potentially excluded fees is offered solely for purposes of illustration and not by way of limitation.