1. Introduction
This agreement covers DHC's shared hosting, semi-dedicated, and dedicated hosting plans. DHC seeks to provide web hosting services that maintain a 100% up-time when possible. This SLA ensures to our customers that we do our best to meet such goals. Any of DHC's customers that are paying for web hosting services can submit a report to us showing the times and dates of when their site was inaccessible or their up-time fell below 99.9%. After we verify the validity of a customer's submission with our own records, we will then issue the appropriate credit in accordance with the terms and conditions of this agreement. Any requests for credits must be received by DHC within seven (7) days of the incident for which the review is being requested. If a customer's unavailability report is confirmed by DHC to be generally accurate, then a credit will then be applied within thirty (30) days of the customer's submission. Credits are non-refundable and can only be used for current or future charges.

2. Definitions
This Service Level Agreement (SLA) applies to you "Customer" in the event that you are currently paying subscriber of any of DHC's web hosting plans. For purposes of this agreement, "Up-Time" will be defined as the percentage in a particular month that the customer's web site is accessible and available via HTTP and/or HTTPS. "Up-Time Claim" will be defined as the submission and/or report that the customer presented to DHC regarding the amount of time their web site was unavailable. The internal data that DHC will use to verify a customer's claim that up-time fell below 99.9% will be obtained by network monitoring services provided by DHC. It is the customer's own responsibility to monitor their own up-time in which they can use to submit a claim to DHC. 

3. Service Level Guarantee
If the customer's web site is inaccessible less then 99.9% of the time, the following credits will be applied to their account in accordance with the terms of this agreement.

Web Site Up-Time	Credit Percentage
99.9 to 100%	0%
98% to 99.8%	10%
95% to 97.9%	20%
90% to 94.9%	25%
89.9% or below	50%

4. Exceptions to the SLA
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 DHC'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;
2. failure of access circuits to the DHC Network, unless such failure is caused solely by DHC;
3. scheduled maintenance and emergency maintenance and upgrades;
4. DNS issues outside the direct control of DHC;
5. issues with FTP, POP, IMAP, or SMTP customer access;
6. false SLA breaches reported as a result of outages or errors of any DHC 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 DHC'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. DHC is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. DHC will guarantee only those areas considered under the control of DHC: DHC server links to the Internet, DHC's routers, and DHC's servers.

4. Credit Request and Payment Procedures
To request a credit for an up-time that fell below 99.9%, the customer must submit a report to accounts@datahostingcenter.com within seven (7) days of the incident occuring. Each request relating to this SLA must include the dates and times of the unavailability of the customer's web site. If the unavailability is confirmed by DHC, credits will then be applied within thirty (30) days of the submission. Credits are not refundable and can be used only towards future billing charges. Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed 50% of the total hosting fees paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by DHC and are the customer's sole and exclusive remedy with respect to any failure or deficiency in the web site availability of customer's Web site.