This Email and Web Site Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered any shared email or web hosting services from LuxSci (the "Services") and are covered by this SLA and your account is current (i.e., not past due) with LuxSci. As used herein, the term "Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that all of your services are available for access by third parties, where such services include access to your web sites via HTTP, access to delivered email via POP, IMAP, and WebMail, and access to send email via SMTP. Availability does not include access to services not purchased by your account or access to services suspended due to actual or supposed violation of LuxSci's Acceptable Use Policy (AUP). Availability is measured by LuxSci's monitoring tools.

Goal: LuxSci's goal is to achieve 100% Shared Email and Web Service Availability for all customers.

Remedy: Subject to Sections 3 and 4 below, if the Availability of customer's Service is less than 99.99% in any month, LuxSci 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. Note that the affected Services may be only a subset of the services purchased by the client from LuxSci.

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

• circumstances beyond LuxSci'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, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts);
• attacks by viruses or hackers, including Distributed Denial of Service (dDoS) attacks against LuxSci's network;
• scheduled maintenance and system upgrades, or emergency maintenance;
• any DNS or Domain Registry issues outside the direct control of LuxSci including DNS and Registry propagation issues and expiration;
• 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, etc), any negligence, willful misconduct, or use of the customer's account in breach of LuxSci's Master Services Agreement or Acceptable Use Policy;
• Acts or omissions of other customers (or acts or omissions of others engaged or authorized by other customers) sharing the affected server(s) with customer, including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, etc), any negligence, willful misconduct, or use of the other customers' account in breach of LuxSci's Master Services Agreement or Acceptable Use Policy;
• issues with 3rd party email systems, including refusal or rejection of email by 3rd party mail systems;
• delays in email delivery;
• false SLA breaches reported as a result of outages or errors of any LuxSci measurement system;
• outages elsewhere on the Internet that hinder access to your account. LuxSci is not responsible for browser, DNS, or other caching that may make your web site or email appear inaccessible when others can still access it. LuxSci will guarantee only those areas of the Internet considered under the control of LuxSci: LuxSci servers' links to the Internet, LuxSci's routers, and LuxSci's servers themselves.

Customer shall only receive credits under this SLA if customer's contract (Master Services Agreement) with LuxSci includes a provision for this SLA in "Section 5. Limited Warranties", or if a special arrangement has been made between LuxSci and customer to amend their contract to include this SLA. Note that this SLA was introduced on Friday, May 21st, 2004, and any shared hosting account ordered after this date is covered by this SLA.

In order to receive a credit, customer must make a request for credit by filing a support ticket in the LuxSci members' portal. Each request in connection with this SLA must include the dates and times of the unavailability of customer's Services, a description of the perceived problem, and must be received by LuxSci within ten (10) business days after customer's Services were not available. If the unavailability is confirmed by LuxSci, credits will be applied within 30 days of LuxSci'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 shared hosting fees paid by customer for said month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by LuxSci and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Availability of customer's services.