Service Level Agreement

Singapore Business Hosting C/O iFoundries (Asia Pacific) Pte Ltd Service Level Agreement for Shared Email & Web Hosting

Singapore Business Hosting C/O iFoundries (Asia Pacific) Pte Ltd (‘iFoundries’) guarantees 99.99%+ availability of shared web and email hosting services. Any failure by iFoundries to provide this level of availability can be remedied by credits to affected customers accounts. Any amendments to this Service Level Agreement (‘SLA’) will be announced; iFoundries will also email customers within twenty four (24) hours of publishing to notify them of the changes made in the SLA.

1. Coverage; Definitions
This Email and Web Site Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered any shared email or web hosting services from iFoundries (the "Services") and are covered by this SLA and your account is current (i.e., not past due) with iFoundries. As used herein, the term "Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that all of your services are available for access by third parties, where such services include access to your web sites via HTTP, access to delivered email via POP, IMAP, and WebMail, and access to send email via SMTP. Availability does not include access to services not purchased by your account or access to services suspended due to actual or supposed violation of iFoundries's Acceptable Use Policy (AUP). Availability is measured by iFoundries's monitoring tools.

2. Service Level
Goal: iFoundries's goal is to achieve 100% Shared Email and Web Service Availability for all customers.

Remedy: Subject to Sections 3 and 4 below, if the Availability of customer's Service is less than 99.90% in any month, iFoundries 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. Note that the affected Services may be only a subset of the services purchased by the client from iFoundries.

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

• circumstances beyond iFoundries'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, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts);
  
• attacks by viruses or hackers, including Distributed Denial of Service (DDoS) attacks against iFoundries's network;
  
• scheduled maintenance and system upgrades, or emergency maintenance;
  
• any DNS or Domain Registry issues outside the direct control of iFoundries including DNS and Registry propagation issues and expiration;
  
• customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, etc), any negligence, willful misconduct, or use of the customer's account in breach of iFoundries's Master Services Agreement or Acceptable Use Policy;
  
• Acts or omissions of other customers (or acts or omissions of others engaged or authorized by other customers) sharing the affected server(s) with customer, including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, etc), any negligence, willful misconduct, or use of the other customers' account in breach of iFoundries's Master Services Agreement or Acceptable Use Policy;
  
• issues with 3rd party email systems, including refusal or rejection of email by 3rd party mail systems;
  
• delays in email delivery;
  
• false SLA breaches reported as a result of outages or errors of any iFoundries measurement system;
  
• outages elsewhere on the Internet that hinder access to your account. iFoundries is not responsible for browser, DNS, or other caching that may make your web site or email appear inaccessible when others can still access it. iFoundries will guarantee only those areas of the Internet considered under the control of iFoundries: iFoundries servers' links to the Internet, iFoundries's routers, and iFoundries's servers themselves.

Customer shall only receive credits under this SLA if customer's contract (Master Services Agreement) with iFoundries includes a provision for this SLA in "Section 5. Limited Warranties", or if a special arrangement has been made between iFoundries and customer to amend their contract to include this SLA. Note that this SLA was introduced on Friday, January 7th, 2005, and any shared hosting account ordered after this date is covered by this SLA.

4. Credit Request and Payment Procedures
In order to receive a credit, customer must make a request for credit by emailing andy@ifoundries.com. Each request in connection with this SLA must include the dates and times of the unavailability of customer's Services, a description of the perceived problem, and must be received by iFoundries within ten (10) business days after customer's Services were not available. If the unavailability is confirmed by iFoundries, credits will be applied within 30 days of iFoundries'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 shared hosting fees paid by customer for said month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by iFoundries and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Availability of customer's services.