Hosted Cubes SERVICE LEVEL AGREEMENT (SLA)

This Service Level Agreement (SLA) applies to customers of Hosted Cubes web hosting, dedicated server, co-location, e-commerce access services.

Uptime Guarantee:
Hosted Cubes strives to maintain a 99.999% network and service uptime level, and guarantees at least 99.5%. This uptime percentage is a monthly average figure, and is calculated solely by Hosted Cubes monitoring systems or Hosted Cubes authorized/contracted outside monitoring services. If Hosted Cubes fails to meet it's 99.5% uptime guarantee, and it is not due to one of the below expressed exceptions, credit will be made available to each client, upon request, on a case by case basis.

Hosted Cubes does not credit a full month's service for minor downtime. Partial refunds for partial downtime is our standard policy. In extreme circumstances, Hosted Cubes may distribute a full month of credit, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.

Hosted Cubes will not be held liable for any expressed or implied loss of business due to a server outage.

Exceptions:
Customer shall not receive any credits under the Hosted Cubes SLA in connection with any failure or deficiency of the Hosted Cubes network caused by or associated with:

• Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
• Telco Failure (ie...a backhoe cutting a fiber line somewhere)
• Backbone peering point issues (ie...Level3™ having a router go down in Virginia that wipes out Internet service a portion of the entire US East Coast)
• Scheduled maintenance for hardware/software upgrades
• Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Hosted Cubes utilizes only name brand hardware Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime)
• DNS issues not within the direct control of Hosted Cubes
• Network floods, hacks, attacks from outside parties or individuals
• Failure or error of any Hosted Cubes monitoring or measurement system
• Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of Hosted Cubes service(s) in breach of Hosted Cubes Policy and Tersm of Service by Client or others authorized by Client.

Connectivity:
Hosted Cubes goal is to make the Hosted Cubesnetwork available to Clients, free of outages, as best possible. An "outage" is defined as an instance in which Client is unable to transmit and receive IP packets due to a Hosted Cubes service failure for more than 15 consecutive minutes, excluding service failures relating to Hosted Cubes scheduled maintenance and upgrades. The Hosted Cubes network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. Hosted Cubes goal is to keep Average Round-Trip Latency on the Hosted Cubes network to 85 milliseconds or less. Hosted Cubes defines "Average Round-Trip Latency", with respect to a given month, as the average time required for round-trip packet transfers between the Hosted Cubes network and major US backbone peering points during such month, as measured by Hosted Cubes. Hosted Cubes goal is to keep Average Packet Loss on the Hosted Cubes network to 1% or less. Hosted Cubes defines "Average Packet Loss", with respect to a given month, as the average percentage of IP packets transmitted on the Hosted Cubes network during such month that are not successfully delivered, as measured by Hosted Cubes.

Measurement:
Hosted Cubes will periodically (on average every 5 minutes) monitor Hosted Cubes network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that such measurements may not measure the exact path traversed by Client’s internet connection, and that such measurements constitute measurements across the Hosted Cubes network but not other networks to which Client may connect. Hosted Cubes reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by Hosted Cubes and made available to Client.

Hardware Failure:
Hosted Cubes stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. Hosted Cubes utilizes only name brand hardware and performance. Hosted Cubes will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site Cisco™ engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current Hosted Cubes contracts with Cisco™ and backbone providers in regard to the emergency repair service in case of such an issue. Hosted Cubes will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades. Hosted Cubes will replace all faulty hardware on all non-purchased dedicated and wireless access customer premise equipment, at no charge to the Client, unless equipment has been tampered with, or damage is caused by direct neglect/action(s) of Client.

Credits:
Credit requests must be made on the Hosted Cubes web site, by submitting a support ticket via our Hosted Cubes Billing and Support panel. Each request in connection with network/server outages/downtime must be received by Hosted Cubes within five days of the occurrence. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by Hosted Cubes within five days after the end of such month. The total amount credited to a Client for Hosted Cubes not meeting SLA service levels will not exceed the service fees paid by Client Hosted Cubes for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after Hosted Cubes receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by Hosted Cubes. Upon Client’s request (in accordance with the procedure set forth below), Hosted Cubes will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to Hosted Cubes and confirmed by Hosted Cubes measurement reporting. Such credit will be equal to one day’s worth (1/30th) of the monthly fees paid by Client, (for all service fees paid if network outage, or specific affected service fees paid if individual server downtime) multiplied by each hour (or portion thereof rounded to nearest next hour) of the cumulative duration of such outage/downtime. If Average Round-Trip Latency on the Hosted Cubes network for a calendar month exceeds 85 milliseconds, then upon Client's request, Hosted Cubes will issue a credit to Client equal to six day's worth (1/5th) of the monthly service fees paid by Client for such month. If Average Packet Loss exceeds 1% during a calendar month, then upon Client’s request, Hosted Cubes will issue a credit to Client equal to six day's worth (1/5th) of the monthly service fees paid by Client for such month.

General:
Hosted Cubes reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, Hosted Cubes makes no claims regarding the availability or performance of the Hosted Cubes network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in effect, including, but not limited to, limitations of liability.