360CreativeSolutions.com, Inc.™ is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the 360CreativeSolutions.com, Inc.™ network. The 360CreativeSolutions.com, Inc.™ Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of 360CreativeSolutions.com, Inc.™ web hosting, reseller, dedicated server, co-location, e-commerce, and dial-up/dedicated access services.

Uptime Guarantee:
360CreativeSolutions.com, Inc.™ 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 360CreativeSolutions.com, Inc.™ monitoring systems or 360CreativeSolutions.com, Inc.™ authorized/contracted outside monitoring services. If 360CreativeSolutions.com, Inc.™ 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. 360CreativeSolutions.com, Inc.™ will credit a full month's service. 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 360CreativeSolutions.com, Inc.™ 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...Verizon™ cutting a fiber line somewhere)
• Backbone peering point issues (ie...UUnet™ having a router go down in Virginia that wipes out internet service for the entire East Coast)
• Scheduled maintenance for hardware/software upgrades
• DNS issues not within the direct control of 360CreativeSolutions.com, Inc.™
• Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of 360CreativeSolutions.com, Inc.™ service(s) in breach of 360CreativeSolutions.com, Inc.™ Policy and Service Guidelines (AUP), by Client or others authorized by Client.

Connectivity:
360CreativeSolutions.com, Inc.™ goal is to make the 360CreativeSolutions.com, Inc.™ 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 360CreativeSolutions.com, Inc.™ service failure for more than 15 consecutive minutes, excluding service failures relating to 360CreativeSolutions.com, Inc.™ scheduled maintenance and upgrades. The 360CreativeSolutions.com, Inc.™ network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. 360CreativeSolutions.com, Inc.™ goal is to keep Average Round-Trip Latency on the 360CreativeSolutions.com, Inc.™ network to 85 milliseconds or less. 360CreativeSolutions.com, Inc.™ defines “Average Round-Trip Latency”, with respect to a given month, as the average time required for round-trip packet transfers between the 360CreativeSolutions.com, Inc.™ network and major US backbone peering points during such month, as measured by 360CreativeSolutions.com, Inc.™. 360CreativeSolutions.com, Inc.™ goal is to keep Average Packet Loss on the 360CreativeSolutions.com, Inc.™ network to 1% or less. 360CreativeSolutions.com, Inc.™ defines “Average Packet Loss”, with respect to a given month, as the average percentage of IP packets transmitted on the 360CreativeSolutions.com, Inc.™ network during such month that are not successfully delivered, as measured by 360CreativeSolutions.com, Inc.™.

Measurement:
360CreativeSolutions.com, Inc.™ will periodically (on average every 10 minutes) monitor 360CreativeSolutions.com, Inc.™ 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 360CreativeSolutions.com, Inc.™ network but not other networks to which Client may connect. 360CreativeSolutions.com, Inc.™ 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 360CreativeSolutions.com, Inc.™ and made available to Client.

Hardware Failure:
360CreativeSolutions.com, Inc.™ stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. 360CreativeSolutions.com, Inc.™ utilizes only name brand hardware of the highest quality and perfomance. 360CreativeSolutions.com, Inc.™ will replace all faulty hardware affecting performance levels of equipment within 12 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 360CreativeSolutions.com, Inc.™ contracts with Cisco™ and backbone providers in regard to the emergency repair service in case of such an issue. 360CreativeSolutions.com, Inc.™ 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:
Credit requests must be made on the 360CreativeSolutions.com, Inc.™ web site, by emailing to billing@hostedby360.com. Each request in connection with network/server outages/downtime must be received by 360CreativeSolutions.com, Inc.™ within five days of the occurrence. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by 360CreativeSolutions.com, Inc.™ within five days after the end of such month. The total amount credited to a Client for 360CreativeSolutions.com, Inc.™ not meeting SLA service levels will not exceed the service fees paid by Client 360CreativeSolutions.com, Inc.™ for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after 360CreativeSolutions.com, Inc.™ receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by 360CreativeSolutions.com, Inc.™. Upon Client’s request (in accordance with the procedure set forth below), 360CreativeSolutions.com, Inc.™ will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to 360CreativeSolutions.com, Inc.™ and confirmed by 360CreativeSolutions.com, Inc.™ measurement reporting. Such credit will be equal to one MONTH’s worth of service. If Average Round-Trip Latency on the 360CreativeSolutions.com, Inc.™ network for a calendar month exceeds 85 milliseconds, then upon Client's request, 360CreativeSolutions.com, Inc.™ will issue a credit to Client equal to one MONTH’s worth of service. If Average Packet Loss exceeds 1% during a calendar month, then upon Client’s request, 360CreativeSolutions.com, Inc.™ will issue a credit to Client equal to one MONTH’s worth of service.