DISCLAIMER:-

Customer hereby acknowledges that Bodhost's ability to provide managed services and technical support to Customer and to manage any server owned or controlled by or leased to Customer is contingent upon Bodhost's ability to connect Bodhost Network to such server and monitor such server. In the event that Customer substantially impairs Bodhost's ability to connect Bodhost Network to any server owned or controlled by or leased to Customer, including, but not limited to, through the installation of software, including, but not limited to, firewall software or load balancing software, or through the configuration of such server, then Bodhost shall have no obligation to provide managed services or technical support services or management services for such server and Customer shall not be entitled to any Refund under this Agreement with respect to such server. If Customer requests technical support services or management services for a server for which Customer has impaired the ability of Bodhost to connect Bodhost Network to such server, Bodhost shall provide such technical support services or management services as professional services on a time and material basis and Customer shall be billed at Bodhost's then-current professional services rate.

Bodhost shall not be liable for the failure or delay in performing its obligations hereunder or under the Agreement if such failure or delay is due to external circumstances beyond its 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, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of Bodhost's products and services. Bodhost agrees to exercise reasonable efforts to mitigate the damage arising from such occurrences; however, under no circumstances will Bodhost or its affiliates be held liable for any cost, expense, liability, claim or damage due to such interruptions.

In no event shall Bodhost or its affiliates be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, Refunds of fees, loss of profits, cost of cover, loss of income or cost of replacement services. Customer acknowledges and agrees that the receipt of a Refund as provided for in this SLA constitutes Customer's sole and exclusive remedy, and Bodhost's sole and exclusive liability, for any failure by Bodhost to provide Customer with the products and services purchased by Customer in accordance with the Agreement which results from a Qualified Downtime Event. Bodhost reserves the right to amend, modify or terminate this SLA, the AUP, the Privacy Policy and the Terms of Service from time to time.

The following terms and conditions of this Service Level Agreement (this "SLA") govern (A) the use and availability of the internal computer network (“BODHOST”) owned by or operated on behalf of Bodhost.com. ("BODHOST") to those persons that have purchased Products and Services directly from Bodhost.com  (each, a “Customer”) and (B) the right, under certain circumstances specified below, of a Customer to receive services credits in respect of the failure of Bodhost to provide the Products and Services purchased by Customer from Bodhost in accordance with (i) the Terms of Service (as in effect from time to time between the Customer and Bodhost, the “Terms of Service”), (ii) Bodhost’s Acceptable Usage Policy, as in effect from time to time (the “AUP”) and (iii) this SLA, each of which is incorporated herein by reference and made a part hereof (collectively, the "Agreement"). Capitalized terms used herein without being defined herein shall have the meaning ascribed to such capitalized term in the Terms of Service or AUP, as applicable. Customer’s use of Bodhost’s website, Bodhost Network and the Products and Services is also subject to Customer’s acceptance and compliance with Bodhost’s Privacy Policy which Bodhost hereby reserves the right to amend, alter, modify, replace or suspend, from time to time in its sole discretion. Current copies of Bodhost’s Terms of Service, AUP and Privacy Policy may be reviewed or printed by Customer at the Legal section of Bodhost’s website.

CUSTOMER HEREBY REPRESENTS AND WARRANTS THAT THEY HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THE SLA COMPLETELY.

Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease. This guarantee excludes the time required to rebuild a RAID array.

Hardware Replacement Guarantees and service levels are defined as applying to servers less than 24 months in production and apply to only the Dell PowerEdge line of servers. Two Hour Hardware replacements are only available to specific Dell Platforms at our Datacenter.

Scheduled Maintenance: Customer hereby acknowledges that Bodhost may, from time to time, perform maintenance service on the Network, with or sometimes without notice to Customer, which may result in the unavailability of the Bodhost Network. Downtime or unavailability resulting from Scheduled Maintenance shall not constitute a Qualified Downtime Event or qualify for any Refund. Scheduled Maintenance means all such maintenance services for which Bodhost gives Customer a prior notice of such maintenance services. Emergency maintenance and maintenance for which Bodhost has not given Customer notice in accordance with this SLA shall not be deemed Scheduled Maintenance for purposes of this SLA.

All Service Credits are calculated by Bodhost on a “per-event-basis” each calendar month and in no event will downtime or unavailability be cumulated during any monthly period for purposes of determining a Customer’s right to any Service Credit. The following events do not constitute a Qualified Downtime Event or qualify for any Service Credit under this SLA: (i) Scheduled Maintenance (as defined below) or (ii) Customer generated outages created by failed equipment, customer mis-configurations, exploited servers, or traffic in excess of the maximum allowed by contract. Service Credits are based directly on all equipment and/or services affected by a network outage. Products, services or hardware not related to the network outage do not qualify for a Service Credit. Redundant Internet connectivity is measured as traffic routing into and out of a Customer’s equipment through Bodhost Network out to internet backbone carriers and does not include third party carrier latency or peering issues not utilized by Bodhost.

Service Refunds:

These are credits calculated in accordance with this SLA, issued by Bodhost to the Customer in respect of products and services contracted for, but not delivered by Bodhost in accordance with the Agreement due to a Qualified Downtime Event. Refunds do not constitute giving money back in respect of any product. Refunds are not available (i) to any Customer who are more than fifteen (15) days past due on any amount owing to Bodhost or any Customer that has breached the Agreement or (ii) in respect of any products or services contracted for with Bodhost’s products and services. Valid approved Refunds will appear as a credit for products and services and be applied against the amounts owing in respect of such products and services on the next billable invoice following the month in which occurred the Qualified Downtime Event giving rise to such Refund. In order for a Customer to qualify for a Refund, the Customer must (A) have purchased and paid for either Bodhost’s Managed and request for a Refund / Refund in writing via Bodhost’s Orbit system to billing@bodhost.com within five (05) days from the date of event giving rise the requested Refund. Failure to request a Refund in accordance with the terms of this SLA will result in an automatic waiver of any rights to such Refund under this SLA in respect of the event giving rise to the need of such a Refund.

Bodhost will refund the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of the customer's monthly fee). Network downtime is measured from the time a trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.

Indemnification:

Bodhost wishes to emphasize that in agreeing to the Bodhost. Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Bodhost for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) which may result in loss to Bodhost or the bringing of any claim against Bodhost. by any third-party. This means that if Bodhost is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Bodhost, plus all costs and attorney's fees.
This SLA does not cover Service Downtime caused by problems in the following:

• Client's local area network.
• Client-provided Internet connectivity or end-user software.
• Entities inside Client's internal network including, but not limited to, firewall configuration and bandwidth shaping, local area workstations, or other servers, equipment, and software that have a potential bearing on the local networking environment.
• Any predetermined Scheduled Service Downtime.
• Any problems beyond the immediate Bodhost network segment.