Verve Hosting Service Level Agreement

This Verve Hosting Service Level Agreement ("SLA") applies to all clients.

This SLA may be amended at any time by Verve Hosting.

Service Availability is the total time in a calendar month that the Verve Hosting network is available through the Internet, provided that Client has established connectivity. Verve Hosting takes responsibility for the Service Availability within its immediate network and cannot be held liable for problems directly related to an upstream bandwidth provider. The Verve Hosting Network will be available to clients free of Network Outages for 99.9% of the time.

Service Downtime is any unplanned interruption in service during which the Client is unable to access their website(s) or email, provided the downtime was caused by a problem in the Verve Hosting network. Downtime is measured as the total length of time service was unavailable during a calendar month. Verve Hosting is not responsible for any unplanned outages due to third party software failure. Such failure is the responsibility of the software publisher and not Verve Hosting.

Scheduled Service Downtime is any Verve Hosting interruption of services for server or network maintenance. Clients will receive a 24 hour notice for regularly scheduled downtime and at least 6 hours notice for emergency maintenance that results in downtime.

Performance Credit occurs when 99.9% uptime is not met. Verve Hosting will refund the customer 5% of the monthly fee for each hour of downtime (not to exceed 100% of the customer's monthly fee). Downtime is measured from the time our internal alarms notify us of any service interruptions to the time the server is once again able to transmit and receive data.

Service Exclusions

This SLA does not cover Service Downtime caused by problems in the following:

• Client's local area network
• Client-provided Internet connectivity or end-user software
• Entities inside Client's internal network including, but not limited to, firewall configuration and bandwidth shaping, local area workstations, or other servers, equipment, and software that have a potential bearing on the local networking environment

Service Downtime Exclusions

The following are excluded from the monthly calculation of Service Availability:

• Client's account is not in good standing (suspended).
• Any utilized Scheduled Service Downtime
• Any problems beyond the immediate Verve Hosting network segment
• Any interruptions, delays or failures caused by Client or Client's employees, agents, or subcontractors, such as, but not limited to, the following:
  Inaccurate configuration
• Non-compliant use of any software installed on the server
• Client initiated server over-utilization
• Any problems related to attacks on the machine such as hacking, bandwidth-based attacks of any nature, and service or operating system exploits