This Web Site Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered any of the following Shared Windows 2003 hosting account services from DNK Web Solutions, Inc. (the "Services") and your account is current (i.e., not past due) with DNK Web Solutions: Windows 2003 Shared Web Hosting Plans (Developer, Developer Plus or Enterprise Developer). As used herein, the term "Web Site 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 customer's Web site is available for access by third parties via HTTP and HTTPS, as measured by DNK Web Solutions.

a. Goal:

DNK Web Soltuions's goal is to achieve 100% Web Site Availability for all customers.

b. Remedy: Subject to Sections 3 and 4 below, if the Web Site Availability of customer's Web site is less than 99.9%, DNK Web Solutions 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:

Web Site Availability	Credit Percentage
99.9 to 100%	0%
99.899% and below	100%

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:

1. circumstances beyond DNK Web Solutions 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 problems caused by other customers' web sites hosted by DNK Web Solutions that could effect your site in a shared hosting environment, or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
   
2. failure of access circuits to the DNK Web Solutions Network, unless such failure is caused solely by DNK Web Solutions;
   
3. scheduled maintenance and emergency maintenance and upgrades;
   
4. DNS issues outside the direct control of DNK Web Solutions;
   
5. issues with FTP, POP3, or SMTP customer access;
   
6. false SLA breaches reported as a result of outages or errors of any DNK Web Solutions measurement system;
   
7. 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, ASP, JSP, Servlets, etc.), any negligence, willful misconduct, or use of the Services in breach of DNK Web Solutions Terms and Conditions and Acceptable Use Policy;
   
8. e-mail or webmail delivery and transmission;
   
9. DNS (Domain Name Server) Propagation.
   
10. outages elsewhere on the Internet that hinder access to your account. DNK Web Solutions is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. DNK Web Solutions will guarantee only those areas considered under the control of DNK Web Solutions: DNK Web Solutions server links to the Internet, DNK Web Solutions routers, and DNK Web Solutions servers.

In order for you to receive a credit on your account, you must request such credit within ten (10) business days after you experienced no Web Site Availability. You must request credit by sending a Customer Support Ticket from our Customer Portal by logging in at https://www.dnkwebsolutions.com/Login.aspx with your user id and Password. For verification you must include the dates and times of the unavailability of your Web site, and such other customer identification requested by DNK Web Solutions. 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 that there is no Web Site Availability. DNK Web Solutions is not an insurance agency.

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 DNK Web Solutions 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.