BugRoom provides Internet World Wide Web page hosting, Marketing, and Development. BugRoom endeavors to have the content of your Web site available and to meet certain guarantees posted at www.bugroom.com. This Service Level Agreement ("SLA") outlines those agreements and guarantees. BugRoom retains sole discretionary power when determining if a guarantee has not been met.

99.9% Uptime Guarantee

(1.) Coverage
This 99.9% uptime guarantee applies to any BugRoom client in good financial standing with BugRoom at the time of a service outage.

(2.) Service Level Agreement & Specifications
BugRoom endeavors to have the content of your web site available for http access by any party in the world 99.9% of the time. Network downtime (unavailability) is defined as 100% packet loss from BugRoom to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via BugRoom's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the BugRoom NOC. BugRoom's administrators will determine the end of the downtime by a trace-route to the customer's machine from outside the BugRoom network.

(3.) Credits
a. Shared Hosting - In the event that your web site is not available for more than 99.9%, BugRoom will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed fifty (50) percent of the monthly service charge for the affected month.

Monthly Uptime Credit
95% to 99.8% 10%
90% to 94.9% 20%
89.9% or below 50%

b. Managed Dedicated Servers - For managed dedicated server customers if the uptime is between 98.9% and 99.9% for any particular month the credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by the customer for the services during that month period. In addition, for managed dedicated server, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed twenty-five percent (25%) of the monthly service charge for the affected month.

Minutes of continuous downtime Credit
60 10%
5+ 60 minute intervals 25%

In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by sending an electronic mail message to refunds@bugroom.com. For security, the body of this message must contain your account number, the dates and times of the unavailability of your website, and such other customer identification requested by BugRoom. 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 of an outage.

(4.) Restrictions
Credits shall not be provided to you in the event that you have any outage resulting from (1.) scheduled maintenance as posted from time to time at BugRoom, (2.) your behavior or the performance or failure of your equipment, facilities or applications, or (3.) circumstances beyond BugRoom'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, domain name registration / transfer, 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, or (4.) a client breaking any item in BugRoom's "AUP" conditions causing a machine to fail as a result.

Dedicated Server 24 Hour Setup Guarantee

(a) Coverage

BugRoom's 24 Hour Setup Guarantee will only apply to those standard, pre-configured Dedicated Servers. This guarantee does not apply to non-standard configurations, such as changing RAID levels, load balancing, clustering, advanced solutions and other add-on features. Custom, made-to-order Dedicated Servers do not apply to this offer. 24 Hour Setup Guarantee does not apply to orders received on the Weekends of Holidays. This offer applies only to the primary server, if the customer is electing the 2 For 1 server offer. The secondary, or free server, will be setup within 10 days from the day the primary server is placed online.

(b) Guarantee

For those Covered Servers described in (a) above, BugRoom will Provision such servers within 24 hours of receiving a customer order, once such customer order has been confirmed and any necessary credit checks have been performed. 24 Hour Setup will mean that, for those customer orders for Covered Servers received and confirmed (including any necessary credit checks) by 6:00 p.m. United States Central Time during a Weekday, the Covered Server will be Provisioned by 6:00 p.m. United States Central Time the following Day. Weekday will mean Monday through Friday, excluding the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day. Provision will mean that BugRoom has generated an E-mail to the customer with the proper information to enable the customer to send and receive information from and to the Covered Server.

(c) Credit

If BugRoom is unable to meet the 24 Hour Guarantee as described in section titled "Dedicated Server 24 Hour Setup Guarantee", BugRoom will issue a credit or refund of One Hundred Dollars ($100.00) of the Set-up fee described for the Covered Server. Such credit may be applied to future months service fees in BugRoom's discretion.

(d) Restrictions

Credits will not be provided to you in the event that you do not have your Covered Server Provisioned by the Next Weekday resulting from (i) your behavior or the performance or failure of your equipment, facilities or applications, or (ii) circumstances beyond BugRoom'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.