1. 100% Network Availability Assurance: We assure each Customer 100% uptime availability of the Network and all redundant internet connectivity, including all associated network services (i.e. bandwidth, routers, switches, and cabling,) covered by this SLA. In the event that we fail to provide Customer with the products and services purchased by Customer in accordance with the Customer Agreement and such failure results from the unavailability of our Network or any redundant internet connectivity, including all associated network services covered by this SLA (other than as specified below, each such event, a “Qualified Downtime Event”), we will issue Customer a Service Credit based on the downtime amount and the nature of the problems. We will assess each incident separately and we will independently inform the Customer about the outcome.

2. Service Credits: means a credit, calculated in accordance with this SLA, issued by us to the Customer in respect of products and services contracted for, but not delivered by us in accordance with the Customer Agreement due to a Qualified Downtime Event. Service Credits do not constitute a refund in respect of any product or service and may not be paid for or exchanged for cash or other monetary consideration or value. Service Credits are not available (i) to any Customer that is more than thirty (30) days past due on any amount owing to us or any Customer that has breached the Customer Agreement or (ii) in respect of any products or services contracted for with our Basic Server line of products and services. Valid approved Service Credits will appear as a credit for products and services and be applied against the amounts owing in respect of such products and services on the next billable invoice following the month in which occurred the Qualified Downtime Event giving rise to such Service Credit. In order for a Customer to qualify for a Service Credit, the Customer must (A) have purchased and paid for either our Dedicated Server line of products and services or its Self-Managed Servers line of products and services, (B) utilize redundant input network drops running Hot Swap Router Protocol (HSRP) in its equipment and (C) submit a request for a Service Credit in writing via our control panel system to support@SeekDotNet.com within ten (10) days from the date of event giving rise the requested Service Credit. Failure to request a Service Credit in accordance with the terms of this SLA will result in an automatic waiver of any rights to such Service Credit under this SLA in respect of the event giving rise to such Service Credit.

3. Scheduled Maintenance: Customer hereby acknowledges that We may, from time to time, perform maintenance service on our Network, with or without notice to Customer, which may result in the unavailability of our Network. Downtime or unavailability resulting from Scheduled Maintenance shall not constitute a Qualified Downtime Event or qualify for any Service Credit. Scheduled Maintenance means all such maintenance services for which We give Customer at least five (5) days prior notice of such maintenance services via our outage mailing list maintained on our ticketing system. Customer must subscribes to our outage mailing list and provide accurate and timely information in our system in order for us to notify Customer of all Scheduled Maintenance. Customer’s failure to subscribe to our outage mailing list or to provide accurate and timely information on our system may result in the forfeiture of any Service Credit based on downtime or unavailability arising from Scheduled Maintenance for which Customer did not receive timely notice. Emergency maintenance and maintenance for which we have not given Customer notice in accordance with this SLA shall not be deemed Scheduled Maintenance for purposes of this SLA.

4. DISCLAIMER: We shall not be liable for the failure or delay in performing its obligations hereunder or under the Customer Agreement if such failure or delay is due to external circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of our products and services. We agree to exercise reasonable efforts to mitigate the damage arising from such occurrences; however, under no circumstances will We or its affiliates be held liable for any cost, expense, liability, claim or damage due to such interruptions. In no event shall We or its affiliates be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, cost of cover, loss of income or cost of replacement services. Customer acknowledges and agrees that the receipt of a Service Credit as provided for in this SLA constitutes Customer's sole and exclusive remedy, and our sole and exclusive liability, for any failure by us to provide Customer with the products and services purchased by Customer in accordance with the Customer Agreement which results from a Qualified Downtime Event. We reserves the right to amend, modify or terminate this SLA, the AUP, the Privacy Policy and the Terms of Service from time to time, and a Customer’s use of our products and services and our Network after any such amendment, modification or termination of this SLA, the AUP, the Privacy Policy or the Terms of Service is posted on the legal department page of our website (www.SeekDotNet.com) will constitute the Customer’s acceptance of any such amendments, modifications or termination.