Service Level Agreements (SLA)

Host KC provides Internet World Wide Web page hosting, Marketing, and Development. Host KC endeavors to have the content of your Web site available and to meet certain guarantees posted at www.hostkc.com. This Service Level Agreement ("SLA") outlines those agreements and guarantees. Host KC 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 Host KC client in good financial standing with Host KC at the time of a service outage.

(2.) Service Level Agreement & Specifications
Host KC 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 Host KC to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Host KC's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Host KC NOC. Host KC's administrators will determine the end of the downtime by a trace-route to the customer's machine from outside the Host KC network.

(3.) Credits
In the event that your web site is not available for more than 99.9%, Host KC 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

In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by sending an electronic mail message to refunds@hostkc.com. For security, 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 Host KC. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.

(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:

a. circumstances beyond Host KC'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 Host KC Network, unless such
failure is caused solely by Host KC;

c. scheduled maintenance and emergency maintenance and upgrades;

d. DNS issues outside the direct control of Host KC;

e. issues with FTP. POP, IMAP, or SMTP customer access;

f. false SLA breaches reported as a result of outages or errors of
any Host KC 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, etc), any negligence,
willful misconduct, or use of the Services in breach of Host KC's Terms and Conditions and Acceptable Use Policy;

h. e-mail or webmail delivery and transmission;

i. DNS (Domain Name Server) Propagation.

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

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