Web Site Availability Service Level Agreement for Hosting Account Services

1. Coverage; Definitions
This Website Availability Service Level Agreement (SLA) applies to you ("Subscriber") if you have ordered any of the Professional or Commerce hosting account services from FROSTBYTE INTERACTIVE, INC. D/B/A HIGHER LEVEL MEDIA ("HIGHER LEVEL MEDIA") (the "Services") and your account is current (i.e., not past due) with HIGHER LEVEL MEDIA. As used herein, the term "Website Availability" 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 Subscriber's Website is available for access by third parties via HTTP and HTTPS, as measured by HIGHER LEVEL MEDIA. The Subscriber’s use of HIGHER LEVEL MEDIA services will constitute the Subscriber’s acceptance of any and all terms of the SLA and Acceptable Use Policy (AUP). The terms of this policy may change at any time and will be posted on HIGHER LEVEL MEDIA’s regional website (www.host.co.tt).

2. Service Level
a. Goal:
HIGHER LEVEL MEDIA's goal is to achieve 100% Website Availability for all Subscribers.

b. Remedy:
Subject to Sections 3 and 4 below, if the Website Availability of Subscriber's Website is less than 99.5%, HIGHER LEVEL MEDIA will issue a credit to Subscriber in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services:

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

• a. circumstances beyond HIGHER LEVEL MEDIA's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
• b. failure of access circuits to the HIGHER LEVEL MEDIA Network, unless such failure is caused solely by HIGHER LEVEL MEDIA;
• c. scheduled maintenance and emergency maintenance and upgrades;
• d. DNS issues outside the direct control of HIGHER LEVEL MEDIA;
• e. issues with FTP, POP, IMAP, or SMTP Subscriber access;
• f. false SLA breaches reported as a result of outages or errors of any HIGHER LEVEL MEDIA measurement system;
• g. Subscriber's acts or omissions (or acts or omissions of others engaged or authorized by Subscriber), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc.), any negligence, willful misconduct, or use of the Services in breach of HIGHER LEVEL MEDIA's Terms and Conditions and AUP;
• h. email or webmail delivery and transmission;
• i. DNS (Domain Name Server) Propagation;
• j. outages elsewhere on the Internet that hinder access to your account. HIGHER LEVEL MEDIA is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. HIGHER LEVEL MEDIA will guarantee only those areas considered under the control of HIGHER LEVEL MEDIA: HIGHER LEVEL MEDIA server links to the Internet, HIGHER LEVEL MEDIA's routers, and HIGHER LEVEL MEDIA's servers.

4. Credit Request and Payment Procedures
In order to receive a credit, subscriber must make a request by sending an email message to billing department. Each request in connection with this SLA must include Subscriber's account number (per HIGHER LEVEL MEDIA's invoice) and the dates and times of the unavailability of Subscriber's Website and must be received by HIGHER LEVEL MEDIA within ten (10) business days after Subscriber's Website was not available. If the unavailability is confirmed by HIGHER LEVEL MEDIA, credits will be applied within two billing cycles after HIGHER LEVEL MEDIA's receipt of Subscriber's credit request.

Notwithstanding anything to the contrary herein, the total amount credited to Subscriber in a particular month under this SLA shall not exceed the total hosting fee paid by Subscriber for such month for the affected Services. Credits are exclusive of any applicable taxes charged to Subscriber or collected by HIGHER LEVEL MEDIA and are Subscriber's sole and exclusive remedy with respect to any failure or deficiency in the Website Availability of Subscriber's Website.