ON THE BRINK DESIGNS UPTIME GUARANTEE

COVERAGE DEFINITIONS

This Web Site Uptime Service Level Agreement (SLA) applies to you ("customer") if you have ordered hosting account services from On The Brink Designs (the "Services") and your account is current (i.e., not past due) with On The Brink Designs: Shared Web Hosting Plans (Premiere and/or Deluxe), E-Commerce Plans (Commerce and Commerce Plus). 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 On The Brink Designs systems/services.

SERVICE LEVEL

Goal: On The Brink Design’s goal is to achieve 100% Web Site Availability and Uptime for all our customers.

If the Web Site Uptime of customer's Web site is less than 100%, On The Brink Designs 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:

WEB SITE UPTIME	CREDIT PERCENTAGE	WEB SITE DOWNTIME
99.9% to 100%	0%	less than 43 min
98% to 99.8%	10%	00:43 - 14:24
95% to 97.9%	25%	14:25 - 36:00
90% to 94.9%	50%	36:01 - 72:00
89.9% or below	100%	greater than 72 hrs

* Assumed a 30 day month

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 On The Brink Designs' 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 On The Brink Designs Network, unless the failure is caused solely by On The Brink Designs
Emergency maintenance, scheduled maintenance, and system upgrades
Domain name system (DNS) problems outside of the control of On The Brink Designs
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 On The Brink Designs' Acceptable Use Policy;
Problems elsewhere on the internet that prohibit you from viewing your account. On The Brink Designs 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 On The Brink Designs 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 . Each request in connection with this SLA 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 On The Brink Designs within ten (10) business days after customer's Web Site was not available. If the unavailability is confirmed by On The Brink Designs, credits will be applied within two billing cycles after 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 On The Brink Designs 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.