Coverage Definitions
This Web Site Uptime Service Level Agreement (SLA) applies to you ("customer") if you have ordered hosting account services from Lynxx Direct (the "Services") and your account is current (i.e., not past due) with Lynxx Direct: Shared Web Hosting Plans (Value, Business, and/or Ecommerce Pro), and Dedicated Server Plans (Bronze, Silver, and Gold).  The term "Web Site Uptime" 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 Web site is available for access by third parties via HTTP and HTTPS, as measured by Lynxx Direct systems/services.

Service Level

• Goal:
  Lynxx Direct's goal is to achieve 100% Web Site Availability and Uptime for all our customers.
  
  
• Remedy:
  If the Web Site Uptime of customer's Web site is less than 100%, Lynxx Direct will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services (per section 3 and 4 below):
   

  Web Site Uptime	Credit Percentage
  99.9 to 100%	0%
  98% to 99.8%	10%
  95% to 97.9%	25%
  90% to 94.9%	50%
  89.9% or below	100%

  
  
• Downtime Amounts:
   

  Web Site Downtime in Minutes	Credit Percentage
  less than 42.2 mins	0%
  42.3 - 864 mins	10%
  865 - 2160 mins	25%
  2161 - 4320 mins	50%
  greater than 4320 mins (72 hrs)	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 Web Site Availability caused by or associated with:

• Circumstances beyond Lynxx Direct s control including, war, strike or other labor disturbance, unavailability/interruption/delay in telecommunications, virus attacks and/or hackers, third party software failure (free scripts, ecommerce software, Merchant Gateways), fire, flood, tornado, earthquakes, acts by any governing body, embargo, boycott, or inability to obtain supplies, raw materials, or power used in or equipment needed for provision of this Service Level Agreement
  
  
• failure of access circuits to the Lynxx Direct Network, unless the failure is caused solely by Lynxx Direct and not any 3rd party NOC, Network, Connection or otherwise not controlled by Lynxx Direct Inc.
  
  
• emergency maintenance, scheduled maintenance, and system upgrades. 3rd Party NOC outages or interruptions
  
  
• domain name system (DNS) problems outside of the control of Lynxx Direct
  
  
• issues with FTP, POP, IMAP, or SMTP customer access
  
  
• customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (ie., PHP, Python, CGI, Perl, HTML, ASP, etc...), any negligence, willful misconduct, or use of the Services in breach of Lynxx Direct's Acceptable Use Policy;
  
  
• problems elsewhere on the internet that prohibit you from viewing your account. Lynxx Direct is not responsible for browser, DNS, or other caching that might make it appear your site is unavailable even though others can still access your information. This guarantee covers areas Lynxx Direct controls 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 billing@lynxxdirect.com. Each request in connection with this SLA (Service Level Agreement) must include customer's account number (domain name) and the dates and times of the unavailability of customer's Web site.  The request must be received by Lynxx Direct within ten (10) business days after customer's Web Site was not available. If the unavailability is confirmed by Lynxx Direct, credits will be applied within two billing cycles after Lynxx Direct'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 Services. Credits are exclusive of any applicable taxes charged to customer or collected by Lynxx Direct and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of customer's Web site.