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DEDICATED SERVER - SERVICE LEVEL AGREEMENT

The following terms and conditions of this Service Level Agreement (the “Day-Solutions.net SLA”) govern the availability of the internal computer network owned by or operated on behalf of Day-Solutions.net to people who have purchased dedicated server service directly from Day-Solutions.net in accordance with the applicable Terms of Service, Day-Solutions.net’s Acceptable Use Policy, and this SLA (collectively referred to as the “Customer Agreements”).  Customer’s use of the Day-Solutions.net website and any Day-Solutions.net services is subject to Customer’s acceptance and compliance with Day-Solutions.net’s Privacy Policy, which may be amended from time to time.  Current copies of all applicable policies may be viewed by Customer on Day-Solutions.net’s website.  By purchasing Day-Solutions.net services, Customer warrants and represents that it has read, understood, and accepted the terms of the Customer Agreements.
Customer hereby agrees to the following:

1.  100% Network Uptime.  Day-Solutions.net guarantees that its network will be available 100% of the time in a given month, except during maintenance periods.  Network uptime includes all network services and infrastructure, but does not include services or software running on the Customer’s server.  Network downtime for which Customer may receive a Service Credit (“Creditable Downtime”) exists when (i) Customer is unable to transmit and receive data, (ii) Customer sends an email to support@day-solutions.net, and (iii) Day-Solutions.net’s technical support team verifies that network downtime exists.  Upon experiencing Creditable Downtime, Day-Solutions.net will credit Customer 5% of Customer’s monthly fee for the inaccessible servers for each 30 minutes of downtime, up to 100% of the monthly fee for such servers.
2. Infrastructure.  Day-Solutions.net guarantees that its critical infrastructure systems will be available 100% of the time in a given month, except for maintenance periods.  Critical infrastructure includes power and HVAC infrastructure such as UPSs, PDUs, and cabling, but does not include the power supplies on Customer’s servers.  Creditable Downtime for infrastructure failures exists when (i) Customer’s particular server is shut down due to power or heat problems, (ii) Customer sends an email to support@day-solutions.net, and (iii) Day-Solutions.net’s technical support team verifies that infrastructure downtime exists.  Upon experiencing Creditable Downtime, Day-Solutions.net will credit Customer 5% of Customer’s monthly fee for the inaccessible servers for each 30 minutes of downtime, up to 100% of the monthly fee for such servers.
3. Hardware.  Day-Solutions.net guarantees that all hardware components will function and will replace any failed component at no cost to Customer.  Hardware includes processor(s), RAM, hard disk(s), motherboard, NIC card, and other related hardware included in Customer’s server.  The guarantee does not include the time required to rebuild a RAID array, reload certain operating systems and applications, or perform data restores and backups.  Day-Solutions.net will replace Customer’s failed hardware as soon as Day-Solutions.net identifies the source of Customer’s problem and the replacement will be completed within 1 hour of the time Day-Solutions.net identifies the problem.  Creditable Downtime for Customer’s hardware failures will exist when (i) Customer sends an email to support@day-solutions.net, (ii) after receiving Customer’s email, Day-Solutions.net’s technical support team identifies the source of the hardware failure, and (iii) the hardware is not replaced within 1 hour of Day-Solutions.net’s identification of the problem.  Upon experiencing Creditable Downtime, Day-Solutions.net will credit Customer 5% of Customer’s monthly fee for the inaccessible servers for each 30 minutes of downtime, up to 100% of the monthly fee for such servers.  For the avoidance of doubt, the calculation period for Creditable Downtime as a result of hardware failure will not begin until 1 hour after Day-Solutions.net has identified the source of the hardware problem.
4. Limitations and Exclusions.
1. Maintenance.  Any downtime due to Scheduled Maintenance or Emergency Maintenance will not qualify as a Creditable Downtime event.  “Scheduled Maintenance” is any maintenance in the Day-Solutions.net data center (i) which occurs within Day-Solutions.net’s standard maintenance windows or (ii) of which Customer has received 24 hours’ advance notice.   “Emergency Maintenance” means any maintenance in the Day-Solutions.net data center that, in Day-Solutions.net’s sole discretion, is necessary to avoid an immediate threat to the Day-Solutions.net network or data center or Customer’s server.   If possible, Day-Solutions.net will attempt to notify Customer of any Emergency Maintenance.  Any Emergency Maintenance which lasts longer than 2 hours per event will count as Creditable Downtime.
2. Customer generated outages.  Any downtime caused by the actions, or failure to act, of Customer or others authorized by Customer to use Day-Solutions.net service under the Agreements will not qualify as Creditable Downtime.
3. Third party service and products.  Any downtime caused by the failure of third party product, service, network, or internet infrastructure will not qualify as Creditable Downtime.
4. Software.  Any application, software, or operating system failure will not qualify as Creditable Downtime.
5. Malicious activity.  Any downtime resulting from a denial of service attack, hacker activity, or other malicious event or code against Day-Solutions.net or an Day-Solutions.net customer will not qualify as Creditable Downtime.
6. Service credits.  Service Credits are credits to Customer’s account with Day-Solutions.net as calculated above and will appear on the next billable invoice following the month in which the Creditable Downtime event occurred as a credit to be applied against amounts owed for the equipment or services directly affected by the Creditable Downtime event.  They do not constitute refunds and may not be paid in or exchanged for cash or other monetary consideration or value.  Day-Solutions.net will calculate all Service Credits on a “per-event basis” each calendar month as provided above.  In no event, will downtime or unavailability be cumulated during any monthly period or will Customer receive greater than 1 month’s fees for the affected product or service per Creditable Downtime event.

In order to be eligible for a Service Credit, Customer must send an email to support@day-solutions.net within 72 hours of the time the Creditable Downtime event is resolved.  Failure to request a Service Credit within the specified time frame will result in an automatic waiver of any rights to a Service Credit arising from that Creditable Downtime event.

1. Accounts in good standing.  Customer must be a current Day-Solutions.net customer in good standing to receive a Service Credit.  No Service Credit will be applied to past-due accounts or accounts that are cancelled before the conditions for payment of the Service Credit are met.  Upon cancellation of Customer’s account, any outstanding or previously accrued Service Credits will be forfeited.  Service Credits are only applied against purchases or renewals for which payment is due after the date the Service Credit is applied.
2. Disclaimer.  Day-Solutions.net agrees to exercise reasonable efforts to mitigate the damage arising from downtime events, but under no circumstances will Day-Solutions.net or its affiliates be held liable for any cost, expense, liability, claim or damage due to downtime.  In no event shall Day-Solutions.net or its affiliates be liable to Customer or any other person for any special, incidental, consequential, or punitive damages of any kind, including, without limitation, refund of fees, loss or profits, cost of cover, loss of income, or cost of replacement services.  Customer acknowledges and agrees that the receipt of a Service Credit per this SLA constitutes Customer’s sole and exclusive remedy, and Day-Solutions.net’s sole and exclusive liability for any downtime event.  Day-Solutions.net reserves the right to amend, modify, or terminate the Agreements and Customer’s use of Day-Solutions.net services and products after any such amendment, modification, or termination is posted on the Day-Solutions.net website constitutes acceptance of any such amendment, modification, or termination.