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Service Level Agreement

The following Service Level Agreement (hereinafter referred to as the "Agreement") is made between Radical Vision, LLC (hereinafter referred to as "Radical Vision") and ___________________________________________ (hereinafter referred to as "Customer") and shall be effective as of _________ ____, 2006 . As used in this Agreement, "you" or "your" refers to you, the Customer and "we", "our" or "us", Radical Vision. This agreement shall only apply if you currently hold an account with services from Radical Vision (the "Services") and your account is current (i.e., not past due) with Radical Vision. Radical Vision and Customer are referred to collectively as the "Parties". By signing this Agreement you acknowledge that you have read, understand, and agree to our terms.

General
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/or HTTPS, as measured by Radical Vision. We guarantee that our internal network connectivity, server programs, and hardware will be up and working at least 99.9% or better in any given month. This means you should not experience a downtime of more than 43 minutes in any given month counted from the first day of every month. This uptime guarantee excludes any scheduled maintenance work that may, unfortunately, force the downtime for a period of time until the maintenance work is done. We are proud to offer you a service credit, defined below, for the month that any downtime period that lasts beyond our uptime guarantee of 99.9%.

Backups
Shared Hosting Customers
Radical Vision shall do regular daily backups for our customer's data into our backup servers. These backups are solely for the purposes of Radical Vision server recovery. In the event we can provide you with a recent backup, Radical Vision staff will restore the information to a folder you specify on our servers. Shared hosting customers are encouraged to keep their own backups of the data on Radical Vision servers in the event of the backup server failure. Radical Vision is not liable in the event customer's data is lost, even in the event of a hardware/power problem resulting in such data lost.

Dedicated Server Customers
Unless otherwise agreed, Radical Vision does not provide data backup service to our dedicated server customers. Customer is responsible for customer's own data backup and will not hold Radical Vision liable in the event customer's data is lost, even in the event of a hardware/power problem resulting in such data lost.

Service Level
Radical Vision aims to achieve 100% uptime for all services offered to our customers. Except under the conditions listed below, see "Conditions", if "Web Site Availability" is less 99.9% Radical Vision will issue a credit to the customer's account based on the table below, see "Credits".

Maintenance Procedures
Radical Vision will announce all scheduled maintenance at least 24 hours in advance. Radical Vision also reserves the right to perform any necessary emergency maintenance to our system to ensure the security of the system. All scheduled maintenance will be announced on the news mailing list at support.radicalv.com and also on the user forums under announcements.

Downtimes
All downtimes will be announced to the customer via the news mailing list at support.radicalv.com and also posted in the user forums under announcements. All downtime reports will include a complete description of the cause of the downtime, as well as a calculated total time the system was down. This "Calculated Downtime" will be the basis for calculating any necessary credits to the customer's account. Downtime reports will be posted to the specified places within 24 hours from the time the system was back online.

Conditions:
This agreement shall cover any and all services under the direct control of Radical Vision. This includes, but is not limited to, internal network connectivity, server programs, server hardware, switches, and routers. This agreement shall NOT cover any condition outside the control of, or unpreventable by Radical Vision. These conditions 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 of 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, customer's internet provider availability, or power used in or equipment needed for provision of this SLA; Failure of access circuits to the Radical Vision's Network or it s upstream providers, unless such failure is caused solely by Radical Vision or Radical Vision's equipment; Scheduled maintenance and emergency maintenance and upgrades; DNS issues outside the direct control of Radical Vision; 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, etc), any negligence, willful misconduct, or use of the Services in breach of Radical Vision's Terms of Service and Acceptable Use Policy; E-mail or web mail delivery and transmission; DNS (Domain Name Server) Propagation; Any other outages elsewhere on the Internet that hinder access to your account;

Radical Vision is also not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Radical Vision will guarantee only those areas considered under the control of Radical Vision.

Credits
Any and all available credits as a result of downtime will be credited only to the Customer's Radical Vision account and refunded to the Customer's credit card or PayPal account. Any customer choosing to leave Radical Vision service as a result of a downtime, will forfeit all credit's and account balances as they will no longer have a Radical Vision account.

Web Site Availability
Total Downtime
in a 30 days
calendar month
Credit Percentage
99.9 to 100%
0 to 43.2 minutes
0%
98% to 99.8%
43.2 mins to
14 hrs 24 mins
10%
97.9% and below
Over 14 hrs 25 mins
25%

To receive credit for a downtime, please send a request to sla@support.radicalv.com with the date/time of the downtime as well as the websites and services affected. Credits will only be issued on those downtimes which have a valid downtime report, see above, which has been posted to the proper locations. Any Credit requests must be received within 7 days from the time that the applicable downtime report was posted by Radical Vision staff. All Radical Vision accounts are limited to no more than one credit per calendar month.