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This Web Site Availability Service Level Agreement applies to you if you have ordered the following services: UNIX Hosting Plans or E-Commerce Plans ("Service") and you are in good financial standing with ImagineX.
ImagineX endeavors to have the content of your web site available for access by third parties 99.9% of the time ("Web Site Availability").
In the event that there is no Web Site Availability, ImagineX 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|
|98% to 99.8%||10%|
|95% to 97.9%||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 ten (10) business days after you experienced no Web Site Availability. You must request the credit by sending an electronic mail message to firstname.lastname@example.org. For security, the body of this message must contain your account number as shown on your invoices, the dates and times of the unavailability of your web site, and such other customer identification requested by ImagineX. 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.
Credits shall not be provided to you in the event that you have no Web Site Availability resulting from (i) scheduled maintenance, (ii) your behavior or the performance or failure of your equipment, facilities or applications, or (iii) circumstances beyond ImagineX's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your Web Site.