1. DEFINITIONS

USONYX categorizes all service level disruptions experienced by Customers according to their severity and its impact on Customer operations. For the purposes of this Agreement, the following terms will have the following meanings:

1. 99.9% Critical Services Uptime Guarantee means that USONYX guarantees that Down Time with respect to the Critical Services shall not exceed one tenth of a percent (0.1%) of the time during a one (1) month period, beginning on the first day of each calendar month.
2. Affected Critical Services Amount means an amount equal to the amount that Customer paid to USONYX for Critical Services that were unavailable as a result of Down Time during the month in which Down Time occured.
3. Closed Source Applications means ASP, ASP.NET, ColdFusion, ColdFusion MX, JSP, Miva Merchant, Real Server and StoreSense applications.
4. Critical Services means the email, instant messaging, hosting, DNS, email list, and discussion forum services, to the extent that such services do not include Closed Source Applications.
5. Critical Fault means an emergency condition causing a critical impact to the USONYX System whereby at least 20% of Customers cannot use the Critical Services.
6. Down Time means periods of time that the Critical Services are not functional and available to Customers and does not include any period of time during which services are not functional or available as a result of:
   • Emergency System Maintenance or Scheduled Maintenance performed by USONYX;
   • third party intrusions, including without limitation denial of service or similar attacks;
   • downtime resulting from misuse by Customers
   • errors or non-performance of third-party software, including without limitation, Closed Source Applications; or
   • any event that is not within USONYX’ control.
7. Emergency System Maintenance means unscheduled Maintenance performed outside of Maintenance Windows in order to keep the USONYX System and Services functioning in accordance with appropriate service levels.
8. Maintenance means the data backups, computer hardware maintenance, network hardware maintenance, installation of software updates and fixes as supplied by the software developers and manufacturers of the applications and computer and network hardware used by USONYX, and any such other tasks as required to operate the USONYX System or Services in accordance with USONYX’ requirements and obligations in this Agreement.
9. Maintenance Windows mean historically determined periods of minimal overall activity on the USONYX System, chosen to least impact Customers.
10. Minor Fault means any service problem which affects at least 20% of Customers and includes a system problem that can be easily avoided or circumvented by Customers and is not critical to the use of the USONYX System or Services.
11. Non-Critical Major Fault means a failure of a component of the USONYX System which prevents at least 20% of Customers from making changes to the web services to which they are subscribed.
12. Permitted Scheduled Maintenance means Maintenance provided during times for which advance notice has been provided.

2. SERVICE LEVELS, CREDITS AND REMEDIES

USONYX shall use commercially reasonable efforts to provide all Services in accordance with the following service levels, subject to the undermentioned below:

SERVICE UPTIME. USONYX target uptime for the Service is 99.9% of the time in every calendar month and USONYX provides Customers with a 99.9% Critical Services Uptime Guarantee as defined herein. If USONYX fails to meet the 99.9% Critical Services Uptime Guarantee, Customers will be entitled to receive a credit against future subscription fees owed in accordance with the Service Level Credit Table below if:

• Customer applies for the credit within thirty (30) days of the last day of the month in which the 99.9% Critical Services Uptime Guarantee was not met, and
• at least 20% of Customers were affected.
• Such credits will be deducted from future amounts otherwise payable by Customer to USONYX.
• In addition, USONYX shall: remedy all Critical Faults within forty-eight (48) business hours of the report of such failure by Customer. If USONYX is unable to correct the Critical Faults within seven (7) business days of being notified by Customer, Customer shall have the right to receive a 100% refund of the current month’s fees;

• use commercially reasonable efforts to remedy all Non-Critical Major Faults within five (5) business days of being notified by Customer of the failure; and
• use commercially reasonable efforts to remedy all Minor Faults within fourteen (14) business days of being notified by Customer of the failure.

USONYX shall determine, in its sole discretion, what constitutes a Major Fault, Non-Critical Major Fault, and Minor Fault under the terms of this Agreement.

Service Level Credit Table

Service Availability	Credit Available
99.01 - 99.90	10% of Affected Critical Services Amount
98.01 - 99.00	20% of Affected Critical Services Amount
97.01 - 98.00	30% of Affected Critical Services Amount
96.01 - 97.00	40% of Affected Critical Services Amount
95.01 - 96.00	50% of Affected Critical Services Amount
94.00 - 95.00	60% of Affected Critical Services Amount

 

3. SERVICE LEVEL DISCLAIMER

Any maintenance in the USONYX data center at which Customer's Server is located (a) of which Customer is notified 48 hours in advance, and (b) that is performed during a standard maintenance window on Saturday 9am till Sunday 11PM local time of the USONYX data center at which Customer's Server is located and

Any maintenance of Customer's Server (a) of which Customer is notified 48 hours in advance, and (b) that is performed during a standard maintenance window Monday through Friday 9 PM to 9 AM Singapore local time. Notice of Scheduled Maintenance will be provided to Customer's designated point of contact by a method elected by USONYX (telephone, email, or fax).

Service Availability Commitment Process: If Customer opens a trouble ticket with USONYX Customer Support within 5 days of Customer's failure to access Customer's Server and USONYX determines in its reasonable commercial judgment that the Server is unavailable due to a Server outage caused solely by the items of the service managed exclusively by USONYX that outage will be used to calculate Server unavailability for the remedies provided below. A Server shall be deemed to be unavailable if the server is not responding to HTTP requests issued by USONYX's monitoring software. USONYX's records and data shall be the basis for all service availability calculations and determinations. Scheduled maintenance shall not be deemed to be Server unavailability.

Service Install Guarantee Service Install Guarantee Scope: USONYX's Service Install Guarantee is to have installation of Customer's Server completed within 3 business days after clearing customer's payment.
Service Install Guarantee Process: These dates shall be counted from the date USONYX has received all of the following from Customer: Online Order, signed Service Agreement, completed online Customer Information Form, full service prepayment, and (if requested by USONYX) completed credit card authorization form. The service is deemed to be installed when USONYX is prepared to provide to Customer password and login information, enabling installation of Customer's data files on the designated server. The Server Install Guarantee is not available if installation delay is attributable due to incomplete documentation forms, customer's details, acts or omissions of Customer, its employees or agents, Customer or Reseller not passing USONYX's full service prepayment, or reasons of Force Majeure.

Service Install Guarantee Remedy: Upon receiving from USONYX notice that USONYX is prepared to provide Customer with password and login information for Customer's server, Customer shall have ten (10) days within which to contact Technical Support engineer if Customer believes USONYX has failed to meet the Server Install Guarantee. If Customer contacts USONYX within such ten (10) day period and if USONYX determines in its reasonable commercial judgment that USONYX has failed to meet this Server Install Guarantee, Customer's account shall be credited 50% of USONYX's standard Setup Fee for the server with respect to which this Guarantee has not been met.

These Guarantees shall not apply in the following circumstances:
the Service is disconnected or reconnected due to the non-payment or violation by the Customer of any of the terms and conditions of the Service Agreement;

• where the Service is interrupted or disconnected ("Scheduled downtime") for the purpose of scheduled maintenance work by USONYX or the Internet Service Providers (ISPs) involved;
• where there is Service degradation instead of an outage;
• if Outage is caused by any of the applications of the Customer failing to work or affecting Customer's server operation;
• if Outage is caused or arises as a result of causes beyond USONYX's control including but not limited to catastrophic incidents, riots, vandalism, lightning, power failure, fire, flood, earthquake, emergency, curfew, industrial disputes, acts of omission of any person for whom USONYX is not responsible or any causes whether or not similar outside USONYX's control

Fair Traffic Use Policy
For web hosting services with un-metered monthly traffic usage benefits, your usage should not be:

• Excessive: downloading or uploading more than the table stipulated below each month inclusive of incoming and outgoing web, email and other data traffic as recommended at the table below; or
• Unreasonable: use which may adversely affect our network, or other customers use of our network and/or services.

USONYX’ Obligations:

USONYX shall use commercially reasonable efforts to:

• provide Emergency System Maintenance, Scheduled Maintenance, or Repairs, when and where required;
• if possible, provide notice prior to performing Emergency System Maintenance or Repairs;
• initially respond to any request from Customer for Emergency Maintenance Services or Repairs within two (2) hours of receipt of such request; and
• supply Customer with all updates, improvements, modifications or enhancements to the Service related to said maintenance or repair services, without charge.
• Notwithstanding any other provision in this Agreement to the contrary, USONYX reserves the right, in its discretion, to perform any Emergency System Maintenance and Repairs when necessary.

Customer’s Obligations:

Customer understands and acknowledges that in order for USONYX to perform Maintenance and Repairs, Customer shall:

• provide USONYX with an up-to-date contact email address where USONYX can send notifications regarding Maintenance and Repair Service to Customer;
• cooperate fully with the reasonable requests of USONYX for information necessary to provide Maintenance and Repairs;
• provide USONYX with all information and assistance reasonably required by USONYX to detect, reproduce and correct problems; and
• complete proper problem investigation procedures (i.e. troubleshooting) as specified by USONYX, and perform such procedures and take such remedial actions as USONYX may reasonably request.

4. APPLYING FOR CREDIT

Customers must submit a Ticket to our Billing Department to apply for a credit under the 99.9% Critical Services Uptime Guarantee (see section 2 above) that includes the following information:

• The Critical Service for which the Uptime Guarantee was not met; and
• The total hours of the preceding calendar month in which the customer experienced Down Time of the Critical Service, itemized on a per day basis, showing the date and the specific hours the Critical Service was down.

Amendments: Notwithstanding anything provided herein, USONYX shall be entitled to add, delete, alter, amend the terms herein and/or withdraw any of the benefits and privileges provided hereunder and such additions, deletions, alterations, amendments and/or withdrawal of the benefits and privileges shall bind the Customer and take effect on the expiry of thirty (30) days from the date of written notice by USONYX to the Customer.
Subject to the express provisions of this Agreement, all other conditions warranty terms and undertakings express or implied statutory or otherwise in respect of the Service are hereby excluded.