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Web Hosting Service Level Agreements (SLA)

CIMCO provides Internet World Wide Web page hosting, Marketing, and Development. CIMCO endeavors to have the content of your Web site available and to meet certain guarantees posted at www.cimco.net. This Service Level Agreement ("SLA") outlines those agreements and guarantees. CIMCO retains sole discretionary power when determining if a guarantee has not been met.

99.9% Uptime Guarantee

1. Coverage

   This 99.9% uptime guarantee applies to any CIMCO client in good financial standing with CIMCO at the time of a service outage.

2. Service Level Agreement & Specifications

   CIMCO endeavors to have the content of your web site available for http access by any party in the world 99.9% of the time. Network downtime (unavailability) is defined as 100% packet loss from CIMCO to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via the web hosting online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the CIMCO web hosting technical support. CIMCO's administrators will determine the end of the downtime by a trace-route to the customer's machine from outside the CIMCO network.

3. Credits

   Shared Hosting - In the event that your web site is not available for more than 99.9%, CIMCO will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed fifty (50) percent of the monthly service charge for the affected month.

   Uptime Credits
   Monthly Uptime	Credit
   95% to 99.8%	10%
   90% to 94.9%	20%
   89.9% or below	50%

   In order to receive a credit, Customer must provide a written request. Request must be received by CIMCO within seven days of the Network downtime and must be confirmed by CIMCO's measurements of the Backbone. The body of this message must contain your account number, the dates and times of the unavailability of your website, and such other customer identification requested by CIMCO. Credit to your account shall be your sole and exclusive remedy in the event of an outage.

   Each valid credit will be applied to an invoice of Customer within two billing cycles after CIMCO's receipt of Customer's request therefore. Credits are exclusive of any applicable taxes charged to Customer or collected by CIMCO.

   The total amount credited to a Customer in connection with Network downtime in any calendar month will not exceed the Base Fee paid by Customer for such month.

4. Restrictions

   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:

   1. circumstances beyond CIMCO'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, virus attacks or hackers, failure of third party software (including, without limitation, e-commerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA
   2. failure of access circuits to the CIMCO Network, unless such failure is caused solely by CIMCO
   3. scheduled maintenance and emergency maintenance and upgrades
   4. DNS issues outside the direct control of CIMCO
   5. issues with FTP. POP, IMAP, or SMTP customer access
   6. false SLA breaches reported as a result of outages or errors of any CIMCO measurement system
   7. 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, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of CIMCO's Terms and Conditions and Acceptable Use Policy
   8. e-mail or webmail delivery and transmission
   9. DNS (Domain Name Server) Propagation.
   10. outages elsewhere on the Internet that hinder access to your account. CIMCO is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. CIMCO will guarantee only those areas considered under the control of CIMCO: CIMCO server links to the Internet, CIMCO's routers, and CIMCO's servers.