Coverage; Definitions

This Service Level Agreement (the “SLA”) governs the use of all products and services (collectively, the “Services”) offered by e.media.it to its customers (“you” or “Customer”). Defined terms will have the meaning given to them in the e.media.it Agreement and Defintions or as set out in the last section of this document.

Managed Hosting Services

Availability Service Level Agreement (SLA) applies to  you (“Customer”) if you have ordered Linux or Windows hosting account services from e.media.it (the “Services”) and your account is current (i.e., not past due) with e.media.it.

As used herein, the term “Web Site Availability” means the  percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the content of customer’s Web site, mobile and non-mobile (if applicable), is available for access by third  parties via Hypertext Transfer Protocol (HTTP) and HTTPS, as measured by e.media.it.

Virtual Private Servers

The Server Availability Service Level Agreement (SLA) applies to you  (“Customer”) if you have ordered any of the following Unix or Windows hosting account services from e.media.it (the “Services”) and your account is current  (i.e., not past due) with e.media.it.

As used herein, the term “Server Availability” means the percentage  of a particular month (based on 24-hour days for the number of days in  the subject month) that the server is reachable across an IP network and  is available for access by third parties via Internet Control Message  Protocol (ICMP), i.e. ping, as measured by e.media.it.

Service Level

Goal:

e.media.it’s goal is to achieve 100% Web Site and Server Availability for all customers.

Our published service level agreement is 99.9%.

Remedy

Subject to Sections 3 and 4 below, if the Web Site or Server  Availability of customer’s Web Site or Server is less than 99.9%, e.media.it 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 or Server 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 any credits under this SLA in connection  with any failure or deficiency of Web Site or Server Availability caused  by or associated with:

1. circumstances beyond e.media.it’s reasonable control, including, without  limitation, acts of any governmental body, war, insurrection, sabotage,  armed conflict, embargo, fire, flood, earthquake, hurricane or other  acts of God, 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 e.media.it Network, unless such failure is caused solely by e.media.it;
3. scheduled maintenance and emergency maintenance and upgrades;
4. DNS issues outside the direct control of e.media.it;
5. issues with FTP, POP, IMAP, or SMTP customer access;
6. false SLA breaches reported as a result of outages or errors of any e.media.it 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 e.media.it’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. e.media.it is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it.  e.media.it will guarantee only those areas considered under the control of  e.media.it: e.media.it server links to the Internet, e.media.it routers, and e.media.it servers.

Credit Request and Payment Procedures

To receive a credit for a Shared hosting account, the customer must make a request therefore by sending an e-mail message to [email protected].  The e-mail message MUST include the domain name of the customer’s  account in the “Subject” line.

Each request in connection with this SLA  must include the dates and times of the unavailability of customer’s Web site or VPS and must  be received by e.media.it within ten (10) business days after the customer’s Web Site was not available. If the unavailability is confirmed by e.media.it, credits will be applied within two billing cycles after e.media.it’s receipt of the customer’s credit request. Credits are not refundable and can be  used only towards future billing charges.

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 the total hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged  to customer or collected by e.media.it and are customer’s sole and exclusive  remedy with respect to any failure or deficiency in the Web Site or  Server Availability of customer’s Web Site or Server.

Note: Credits are not refundable and can be used only towards future billing charges.