The following Service Level Agreement (hereinafter referred to as the "Agreement") is made between AmeriHosting, Inc. and Customer and shall be effective as of _________ ____, 200_. As used in this Agreement, "you" or "your" refer to you, the Customer and "we", "our" or "us", AmeriHosting. Both AmeriHosting and Customer are referred to collectively as the "Parties". By signing this Agreement you acknowledge that you have read, understand, and agree to our terms.

General SLA
AmeriHosting guarantees that our internal network connectivity and hardware required to serve customer's web presence/application will be up and working at least 99.9% or better in any given month. This means you should not experience a downtime of more than 43 minutes in any given month counted from the first day of every month.

If there is more than thirty (30) consecutive minutes of outage, or a total of sixty (60) minutes of outage time on any given day, the Customer will receive a credit on the Customer's bill equal to that day's fee, defined as the monthly fee divided by the number of days in the month in which the outage occurred. Network downtime is measured from the time an emergency trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data. AmeriHosting may amend this SLA at any time.

Service Exclusions:
This SLA does not cover Service Downtime caused by problems in the following:

• Client’s local area network.
• Client-provided Internet connectivity or end-user software.
• Entities inside Client’s internal network including, but not limited to, firewall configuration and bandwidth shaping, local area workstations, or other servers, equipment, and software that have a potential bearing on the local networking environment.
• Scheduled Service Downtime which occurs during a AmeriHosting standard nightly server maintenance window.

Service Downtime Exclusions:
• The following are excluded from the monthly calculation of Service Availability:
• Any utilized Scheduled Service Downtime.
• Any problems beyond the immediate AmeriHosting network segment.
• Any interruptions, delays or failures caused by Client or Client’s employees, agents, or subcontractors, such as, but not limited to, the following:
• Inaccurate configuration.
• Non-compliant use of any software installed on the server.
• Client initiated server over-utilization.
Any problems related to attacks on the machine such as hacking, bandwidth-based attacks of any nature, and service or operating system exploits.

Dedicated Server Customers
Unless otherwise agreed, AmeriHosting does not provide data backup service to our dedicated server customers. Customer is responsible for customer’s own data backup and will not hold AmeriHosting reliable in the event customer’s data is lost, even in the event of a hardware/power problem resulting in such data lost. In the event of a hardware problem, once the problem has been identified, AmeriHosting will replace the failed hardware and restore service within 24 hours.