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Network and Service Uptime Guarantee

Applicable to all Layer 7 Web Hosting Inc. clients.

By signing up for Layer 7 Web Hosting Inc. services on the Internet, or by using any other means of subscription including subscription via a third party, a sales representative or commercialization partner, you benefit from the present network and power uptime guarantee if you are billed directly by Layer 7 Web Hosting Inc.

Who may benefit from the guarantee?

The following guarantee is applicable to the renewable services offered by the Layer 7 Web Hosting Inc. that includes a network connection and Internet bandwidth or traffic. All clients of renewable services whose accounts are in order, which have no unpaid balance, are eligible for the present guarantee.

Guarantee Terms

100% Network Uptime

Layer 7 Web Hosting Inc. guarantees 100% network uptime for all subscribers of a solution which includes a network connection. During one month, a complete network outage shall never occur. If a network outage should happen, Layer 7 Web Hosting Inc. will compensate its clients with a credit equivalent to one day of service for the first 15 minutes of unavailability and a credit of one day of service for each of the following hours. The credit can be claimed up to the monthly amount paid for the service. Unavailability is defined by failed PING commands to the IP address of the server hosting your web site. This unavailability must be directly caused by problems in the connection linking Layer 7 Web Hosting Inc. to the Internet and must be verifiable from multiple external Internet hosts.

100% Power Availability

Layer 7 Web Hosting Inc. guarantees the electrical power supply of its datacenter 100% for all clients subscribed to a solution which includes an electrical supply port or an amp circuit. During one month, power outages shall never occur. If it should happen, Layer 7 Web Hosting Inc. will compensate its clients with a credit equivalent to one day for the first 15 minutes of unavailability and one day of credit for each of the following hours. The credit can be claimed up to the monthly amount paid for the service. This unavailability must be caused by problems directly related to the datacenter’s electrical supply.

Exclusions

100% Network Uptime

The guarantee is limited to network unavailability on the network operated by Layer 7 Web Hosting Inc. and the hardware owned by Layer 7 Web Hosting Inc. or one of its direct suppliers. The guarantee is in no case applicable to external network problems that might cause local perturbations for some internet service providers. The guarantee is in no case applicable, without being limited, to unavailability caused by hardware or software malfunctions, unavailability caused by the application of the acceptable use policy, to a network slowdown, to planned maintenance activities or to any event that is not directly under Layer 7 Web Hosting Inc.’s direct control. Any request for credit concerning a problem other than network uptime will be analyzed and treated individually as an independent request which is not subject to the network uptime guarantee.

100% Power Uptime

The guarantee is limited to electrical power unavailability due to hardware directly owned and operated by Layer 7 Web Hosting Inc. or one of its direct suppliers. Any request for credit concerning a problem other than electrical power supply will be analyzed and treated individually as an independent request which is not subject to the electrical power supply guarantee.

Claim Procedures

The guarantee is limited to the network and power unavailability. All reclamations concerning this guarantee must be done using the “SLA credit request” form located in Layer 7 Web Hosting Inc.’s “Client Area” section of Layer 7 Web Hosting Inc.’s site. All requests must be made within seven (7) days following the end of the month in question. Reclamations must include the starting time of the unavailability, the time when services came back to normal and at least 3 “traceroute” commands taken during the unavailability. Any incomplete reclamation form will be discarded. The request will be processed within 10 to 15 days following its reception.

Guarantee Contract

The guarantee is automatically valid for all Layer 7 Web Hosting Inc. subscribers. Layer 7 Web Hosting Inc. reserves the right to modify the present guarantee at any time, without notice. The modifications will be shown on this page.