Chime Host Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of Chime Host web hosting, dedicated server, virtual private server.

"UNLIMITED" USAGE POLICIES AND DEFINITIONS

1. What "Unlimited" means. Chime Host does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, Chime Host makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber's use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.

2. What "Unlimited" DOES NOT mean. Chime Host employs complex mechanisms to protect its Subscribers and systems from abuse. Chime Host's offering of "unlimited" services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers.

Chime Host's service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. Chime Host's service is designed to meet the typical needs of small business and home business website Subscribers in the United States. It is NOT intended to support the
sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.

Chime Host will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, Chime Host does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Chime Host can evaluate said sites resource needs.

3. Unlimited Hosting Space. Chime Host does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber's website, nor does Chime Host charge additional fees based on an increased amount of storage used, provided the Subscriber's use of storage complies with these Terms. Please note, however, that the Chime Host service is designed to host websites . Chime Host does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber's account, with or without notice.

4. Unlimited File Transfer. Chime Host does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does Chime Host charge additional fees based on increased use of bandwidth, as long as the Subscriber's use of the Services complies with these Terms. In most cases, a Subscriber's web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, Chime Host reserves the right to limit processor time, bandwidth, or processes in cases where it is necessary to prevent negatively impacting other Subscribers.

5. Unlimited Domain Hosting. Chime Host does not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber's web hosting account

Uptime Guarantee:
Chime Host strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is is calculated solely by Chime Host monitoring systems or Chime Host authorized/contracted outside monitoring services. If Chime Host fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. Chime Host does not credit a full month's service for minor downtime. This would not be financially healthy for Chime Host, and in turn would only negatively affect the service level Chime Host provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, Chime Host may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.

Exceptions:
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Chime Host network caused by or associated with:

·Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement

· Telco Failure (ie...cutting a fiber line somewhere)

· Backbone peering point issues (PAIX)

· Scheduled maintenance for hardware/software upgrades

· DNS issues not within the direct control of Chime Host

· Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of Chime Host service(s) in breach of Chime Host Policy and Service Guidelines (AUP), by Client or others authorized by Client.

· DDOs attacks or any IRC related attacks

Connectivity:
Chime Host goal is to make the Chime Host network available to Client free of outages for 99.5% of the time. An "outage” is defined as an instance in which Client is unable to transmit and receive IP packets due to a Chime Host service failure for more than 15 consecutive minutes, excluding service failures relating to Chime Host scheduled maintenance and upgrades. The Chime Host network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. Chime Host goal is to keep Average Round-Trip Latency on the Chime Host network to 85 milliseconds or less. Chime Host defines “Average Round-Trip Latency”, with respect to a given month, as the average time required for round-trip packet transfers between the Chime Host network and major US backbone peering points during such month, as measured by Chime Host. Chime Host goal is to keep Average Packet Loss on the Chime Host network to 1% or less. Chime Host defines “Average Packet Loss”, with respect to a given month, as the average percentage of IP packets transmitted on the Chime Host network during such month that are not successfully delivered, as measured by Chime Host.

Measurement:
Chime Host will periodically (on average every 10 minutes) monitor Chime Host network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that that such measurements may not measure the exact path traversed by Client’s internet connection, and that such measurements constitute measurements across the Chime Host network but not other networks to which Client may connect. Chime Host reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by Chime Host and made available to Client.

Hardware Failure:
Chime Host stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. Chime Host utilizes only name brand hardware of the highest quality and perfomance. Chime Host will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site Cisco™ engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current Chime Host contracts with Cisco™ and backbone providers in regard to the emergency repair service in case of such an issue. Chime Host will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades.

Credits:
In the event that there is no Web Site Availability, Chime Host will credit the monthly service charge for the Service as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month:

Web Site Availability Credit
95% to 99.4% = 25%
90% to 94.9% = 50%
89.9% or below = 100%

In order for YOU to receive a credit on YOUR account, YOU must request such credit within five (5) business days after YOU experienced no Web Site Availability. YOU must request credit by sending an electronic mail message to billing@Chime Host.com. For security, the body of this message must contain YOUR account number/domain name, the dates and times of the unavailability of YOUR web site, and such other customer identification requested by Chime Host. 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 that there is no Web Site Availability.

General:
Chime Host reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, Chime Host makes no claims regarding the availability or performance of the Chime Host network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.