Service Level Agreement

Downtime means lost revenue, lost customers, lost opportunities, lost reputation. Kionic understands the importance of server availability and providing our customers with 100% server uptime is a high priority for Kionic. Our Service Level Agreement ("SLA") defines our service guarantees and demonstrates our confidence in our ability to deliver our promise.

Network Availability Goal

Kionic maintains a goal to maintain network and server availability at 100%.

Credits

Subject to the exceptions below, if customer's web site availability is less than 100%, Kionic 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 services:

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

Exceptions

Customer shall not receive credits under this SLA in connection with any failure or deficiency of web site availability caused by or associated with:

• scheduled maintenance and emergency maintenance and upgrades;
• 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, PHP, etc), any negligence, willful misconduct, or use of the Services in breach of Kionic's Terms and Conditions;
• circumstances beyond Kionic'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, or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
• outages elsewhere on the Internet that hinder access to your account. Kionic is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Kionic will guarantee only those areas considered under the control of Kionic: Kionic server links to the Internet, Kionic's routers, and Kionic's servers.

Credit Request Procedure

To receive a credit, customer must make a request by sending an e-mail message to billing@kionic.com. Each request in connection with this SLA must include the date and time of the unavailability of customer's web site and must be received by Kionic within ten (10) business days after the customer's web Site was not available. If the unavailability is confirmed by Kionic, credits will be applied within two billing cycles after Kionic's receipt of the customer's credit request. Credits are not refundable and can be used only towards future billing charges.