Kahuna's Kreations Service Level Agreement

Kahuna's Kreations Uptime Guarantee

Coverage Definitions
This Web Site Uptime Service Level Agreement (SLA) applies to you ("customer") if you have ordered hosting account services from Kahuna's Kreations (the "Services") and your account is current (i.e., not past due) with Kahuna's Kreations: Shared Web Hosting Plans. The term "Web Site Uptime" 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 is available for access by third parties via HTTP and HTTPS, as measured by Kahuna's Kreations systems/services.

Service Level Goal:

Kahuna's Kreations's goal is to achieve 100% Web Site Availability and Uptime for all our customers.

Remedy:

If the Web Site Uptime of customer's Web site is less than 100%, Kahuna's Kreations 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 (per section 3 and 4 below):
Web Site Uptime 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%

Downtime Amounts:
Web Site Downtime in Minutes Credit Percentage

less than 42.2 mins 0%
42.3 - 864 mins (14.4 hours) 10%
865 (14.42 hours)- 2160 mins (36 hours) 25%
2161 (36 hours)- 4320 mins (72 hrs) 50%
greater than 4320 mins (72 hrs) 100%
* Assumed a 30 day month, 43200 minutes in a month, 1440 minutes in a day

Exceptions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:

Circumstances beyond Kahuna's Kreations's control including, war, strike or other labor disturbance, unavailability/interruption/delay in telecommunications, virus attacks and/or hackers, third party software failure (free scripts, ecommerce software, Merchant Gateways), fire, flood, tornado, earthquakes, acts by any governing body, embargo, boycott, or inability to obtain supplies, raw materials, or power used in or equipment needed for provision of this Service Level Agreement
failure of access circuits to the Kahuna's Kreations Network, unless the failure is caused solely by Kahuna's Kreations
emergency maintenance, scheduled maintenance, and system upgrades
domain name system (DNS) problems outside of the control of Kahuna's Kreations
issues with FTP, POP, IMAP, or SMTP customer access
customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (ie., PHP, Python, CGI, Perl, HTML, ASP, etc...),
any negligence, willful misconduct, or use of the Services in breach of Kahuna's Kreations's Acceptable Use Policy;
problems elsewhere on the internet that prohibit you from viewing your account.
Kahuna's Kreations is not responsible for browser, DNS, or other caching that might make it appear your site is unavailable even though others can still access your information.

This guarantee covers areas Kahuna's Kreations controls such as our servers, routers, and switches.

Credit Request and Payment Procedures

In order to receive a credit, customer must open a billing ticket in our help desk. Each request in connection with this SLA must include customer's account number (domain name) and the dates and times of the unavailability of customer's Web site. The request must be received by Kahuna's Kreations within ten (10) business days after customer's Web Site was not available. If the unavailability is confirmed by Kahuna's Kreations, credits will be applied within two billing cycles after Kahuna's Kreations's receipt of customer's credit request.

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 Kahuna's Kreations and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of customer's Web site.

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