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Hosting Service Level Agreement

Online Corporation of America

Coverage And Definitions

This Service Level Agreement (SLA) applies to you ("customer") if you have ordered any Online Corporation of America Shared Web Hosting Service plan (the "Service") from Online Corporation of America or partners and/or affilites, hereinafter referred to as Online Corp., and your account is current (i.e., not past due) with Online Corp..

As used herein, the term "Web Site Availability" 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 Online Corp..

Service Level

Goal:

Online Corp.'s goal is to achieve 100% Web Site Availability for all customers.

Remedy:

Subject to Sections 3 and 4 below, if the Web Site Availability of customer's Web site is less than 100%, Online Corp. 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 Service:

Web Site Availability Credit Percentage
99.5 to 100% 0%
98% to 99.4% 10%
95% to 97.9% 25%
90% to 94.9% 50%
89.9% or below 100%

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:

a. Circumstances beyond Online Corp.'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, ecommerce 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;

b. Failure of access circuits to the Online Corp. Network, unless such failure is caused solely by Online Corp.;

c. Scheduled maintenance and emergency maintenance and upgrades;

d. DNS (Domain Name System) issues outside the direct control of Online Corp.;

e. Issues with FTP, POP, or SMTP customer access;

f. Erroneous SLA outages reported as a result of outages or errors of any Online Corp. measurement system;

g. 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, ColdFusion, PHP, etc., any negligence, willful misconduct, or use of the Service in breach of Online Corp.'s Terms and Conditions and Acceptable Use Policies;

h. E-mail or webmail delivery and transmission;

i. DNS Propagation.

j. Outages elsewhere on the Internet that hinder access to your account or services. Online Corp. is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Online Corp. will guarantee only those areas considered under the control of Online Corp.: Online Corp. server links to the Internet, Online Corp.'s routers, and Online Corp.'s servers.

Credit Request and Payment Procedures

In order to receive a credit, customer must make a request by sending an email message to custserv@onlinecorp.com. Each request in connection with this SLA must include customer's account number (per Online Corp.'s invoice) and the dates and times of the unavailability of customer's Web site and must be received by Online Corp. within ten (10) business days after customer's Web Site was not available. If the unavailability is confirmed by Online Corp., credits will be applied within two billing cycles after Online Corp.'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 hosting fee paid by customer for such month for the affected Service. Credits are exclusive of any applicable taxes charged to customer or collected by Online Corp. 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.

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