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Service Level Agreement1. SERVICE UPTIME. ApexHosting target uptime for the Service is 99.9% of the time in every calendar month and ApexHosting provides you with a 99.7% Critical Services Uptime Guarantee as defined below. If ApexHosting fails to meet the 99.7% Critical Services Uptime Guarantee you will be entitled to receive a credit in accordance with the Credit Table below if: (a) you apply for the credit within sixty (60) days of the last day of the month in which the 99.7% Critical Services Uptime Guarantee was not met, and (b) more than 20% of ApexHosting customers are affected. Such credits may be deducted from amounts otherwise payable by you to ApexHosting hereunder. In the event there is a dispute regarding credits, ApexHosting reserves the right to make the final decision about whether credits will be provided to you. If the availability for any three (3) month period is less than 98.00%, you will have the right to terminate your Services Agreement with ApexHosting. a.“99.7% Critical Services Uptime Guarantee” means that ApexHosting guarantees that Down Time with respect to the Critical Services shall not exceed 0.3% of the time during a rolling two (2) month period (computed by reference to a 31 day month). b. “Critical Services” means the email services, web hosting services, DNS services, and the ApexHosting network to the extent that such services do not include Closed Source Applications, as defined in Section 4. c.“Down Time” means periods of time that the Critical Services are not functional and available to ApexHosting customers and does not include any period of time during which services are not functional or available as a result of: CREDIT TABLE
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