1. Description of Service

EZHoster.com is a wholly owned subsidiary of Ezhoster Internet Services, Inc. (EIS) and operates this Web site and associated web pages which, for purposes of these Terms of Service, will be referred to as the "EZHoster.com Web Site". EIS offers you access to the EZHoster.com Web Site, which provides you access to a collection of on-line resources, including Web site hosting services (the "Service"). EIS offers you access to the EZHoster.com Web Site in exchange for your payment of the applicable fees and your agreement to accept and comply with the terms, conditions, and notices stated here and as may be modified by EIS from time-to-time in its sole discretion without notice to you. Notwithstanding the foregoing, EIS reserves the right to reject any Member registration for any reason. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Service shall be subject to these Terms of Service.

2. General Use of the EZHoster.com Web Site

You promise that you will not use the EZHoster.com Web Site, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Service. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other Web site, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the EZHoster.com Web Site other than for use in creating the Member Web Site in accordance with these Terms of Service. This means, among other activities, that you agree not to engage in the practices of "screen scraping", "database scraping", or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the Service in any manner that could damage, disable, overburden, or impair the EZHoster.com Web Site or interfere with any other party's use and enjoyment of the EZHoster.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the EZHoster.com Web Site. Except with the written permission of EIS, you agree that you will not access or attempt to access password protected, secure or non-public areas of the EZHoster.com Web Site. Unauthorized individuals attempting to access prohibited areas of the EZHoster.com Web Site will be prosecuted to the fullest extent of the law.

3. Charges and Billing

You hereby authorize EIS to charge your credit card in advance for all applicable fees incurred by you in connection with your EZHoster account and the service you have chosen. EIS does not store credit card information. Five (5) weeks prior to a MEMBER's website renewal EIS will email a reminder notice to the MEMBER with a link to pay. A reminder will be sent every week after the first until the revewal fee is paid.

EIS reserves the right to change our fees or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after EIS posts such modification on the EZHoster.com Web Site. EIS also has the right to collect applicable taxes and impose premium surcharges for some areas of the service and these surcharges may apply immediately after you register for the Service. The answer to many common billing questions can by found here or by contacting us. You may cancel your membership at any time by emailing support@ezhoster.com , but EIS will not refund any remaining portion of your pre-paid fees when you cancel your membership and you may be charged a cancellation fee. EIS will, however, continue to provide the Service to you for the duration of any pre-paid period. MEMBERS can get 100% money back of the hosting fees in the first 30 days. The domain registration fees are non refundable.

We expect you to pay your account balance on time. Amounts not paid by you to EIS when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due. That amount is also due immediately. You are responsible and liable for any fees, including attorney and collection fees, that EIS may incur in its efforts to collect any remaining balances from you. You also agree that you will be billed for and will pay any outstanding balances if you cancel your membership or are terminated. You should let EIS know about any billing problems or discrepancies within thirty (30) days after they first appear on your account statement. If you do not bring them to EIS's attention within thirty (30) days, you agree that you waive your right to dispute such problems or discrepancies.

4. Registration / Privacy Policy

In order for you to participate in the Service, EIS will require that you provide specific information about yourself and/or your business. If you choose to participate and build your own Web site ("Free, Value, Basic or Premium Sites"), you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity (such information being "Member Data"). Member Data and certain other information about you and/or your business are subject to our Privacy Policy. You agree and acknowledge that Member Data from the registration process is used to send you information about EIS and the Service, including, but not limited to, the use of your email address for newsletters and other necessary company communication.

Although privacy issues are very important to us, given the current regulatory and technical environment you should not have an expectation of privacy in your Member Web Site or any content or Member Data associated with it. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept your private communications. We cannot ensure that all private communications or information associated with your Member Web Site will remain private. For more information, EIS urges you to review the EIS PRIVACY POLICY that is part of this Agreement.

5. Storage and Usage

You acknowledge that EIS may, from time to time, establish general practices and limits concerning the use of the Service, including without limitation, (i) the maximum number of days that email messages, guest book entries, discussion board postings or other content posted on your Member Web Site will be retained by EIS and (ii) the maximum limits on bandwidth usage that will be allotted to you. You agree that EIS has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service. You further acknowledge and agree that EIS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

6. Content Submitted to EZHOSTER

The EZHoster.com Web Site includes a number of venues such as Member Web Sites and web pages, discussion boards and/or other message or communication facilities designed to enable you to disseminate and exchange thoughts and opinions to and with other members of the public. Since EIS firmly believes in the value of free and open dissemination and exchanges, it is under no obligation to monitor, pre-screen, or otherwise censor your thoughts and opinions. Therefore, EIS cannot be responsible for the appropriateness, accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such thoughts and opinions. Always use caution when posting any personally identifying information about yourself or others on the EZHoster.com Web Site or any Member Web Sites.

Excluded Services EIS will not provide services and can immediately terminate or require rental premium upgrades to existing services without any compensation or refund if MEMBER web site is involved in any of the following:

Note: Sites must be viewable by a worldwide audience of all ages.

Hidden directories or files: EIS will not provide services and can immediately terminate existing services without any compensation or refund if a MEMBER web site contains created invisible or hidden directories within their parent directory for the purpose of concealing and providing excluded services. EIS's sole discretion will prevail in such cases.

7. Third Party Content

For your convenience, the EZHoster.com Web Site contains content and information from third party providers and/or links to their Web sites ("Third Party Content"). Such content is not under the control of EIS and EIS is not responsible for such content, including, without limitation, any link contained in such content, or any changes or updates to such content. EIS does not pre-screen contain available on the EZHoster.com Web Site and does not assume any responsibility or liability for the content provided by others. EIS is providing such Third Party Content to you only as a convenience, and the inclusion of such content does not imply endorsement by EIS of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use third party services, content, software, or sites. EIS does reserve the right to remove content that, in EIS's judgment, does not meet its standards, but EIS is not responsible for any failure or delay in removing such material.

EIS is not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release EIS (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

8. Support

Client agrees to use the support tools available at www.ezhoster.com for technical support issues. EIS does not offer telephone.

9. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

Your use of the service is at your own risk. We and our suppliers provide our service, the exhoster.com web site and your member web site "AS IS" and without any warranty or condition of any kind, expressed or implied, including, but not limited to, the impled warranty of merchantability, fitness for a particular purpose, title and non-infringement.

EIS and our suppliers make no warranty that: (i) The service will meet your requirements, (ii) The service will be uninterrupted, timely, sercure or error free, and (iii) The quality of any products, services, information or other material purchas or obtained by you through the service will meet your expectations.

Any material downloaded or otherwise obtained through the use of the service, the ezhoster.com web site or MEMBER web sites is done at your own discrition and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

10. LIMITATION OF LIABILITY

In no event shall EIS and/or our suppliers be liable for nay indirect, punitive, special incidental, consequential or any damage whatsoever, including, but not limited to, damages for loss of use, data or profits (However arising, including negligence) even if EIS or any of its suppliers has been advised of the possibility of damages, arising out of or in connections with (A) the use of inability to use the serbice, (B) the provision of or failure to provide services, (C) for any information, software, products, services and related graphics obtained through the service or otherwise arising out of the use of the service, (D) statements or conduct of any third party on the service, or (E) any other matter relating to the service. Some states do not allow the Limitation of Liability, so the foregoing limitation may not apply to you. In no event shall EIS be liable to MEMBER or and third party in an aggregate amount greater than the amount MEMBER actually pays to EIS under this agreement during the twelve (12) months preceding the date the claim arose or $500.00, whichever is less. Without imiting the foregoing, neither EIS nor its suppliers is responsible for any of your data residing on EIS or its suppliers' hardware. You are responsible for backing-up your data and information that may reside on the EIS or its suppliers' hardware, whether or not such information is produced through the use of EIS. It is your responsibility to take the necessary steps to ensure your primary means of business is maintained.

11. Proprietary Rights

EIS does not claim ownership of the MEMBER Content you provide to EIS or place on your Member Web Site. However, you grant EIS a worldwide, royalty-free, non-exclusive license to (i) host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display the Member Content on and through the EZHoster.com Web Site and in EIS's promotional or advertising materials only for the limited purpose of promoting the Service, and (ii) sublicense to third parties such MEMBER Content to the extent necessary for the creation and maintenance of, in part or in whole, such Web sites. No compensation will be paid or due you with respect to EIS's or its sublicensee's use of the materials as licensed above. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any MEMBER Website, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant EIS the license set forth above, and you will defend and indemnify EIS and its suppliers from any third party claim related to a breach of any of the foregoing representations and warranties.

12. Indemnification

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. You agree to use all Apollo Hosting services and facilities at your own risk. EIS specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Apollo Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. MEMBER agrees that it shall defend, indemnify, save and hold EISharmless from any and all demands, liabilities, losses, costs and claims, including but not limited to, reasonable attorney's fees asserted against EIS, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. MEMBER agrees to defend, indemnify and hold harmless EIS against liabilities arising out of;

MEMBER's violation of these Terms of Service; Any information, included but not limited to Member Data, and your publicly posted information, submitted, posted, or otherwise provided by you to your Member Web Site and/or EIS and/or its affiliates. Any injury to person or property caused by any products sold or otherwise distributed in connection with EIS's server; Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; Copyright infringement and any defective products sold to customers from EIS's server.

EIS shall be the sole judge of what violates this Policy.

EIS is only responsible to the present owner of the MEMBER Web Site. We verify ownership by credit card number (if paid for by credit card), name, address, username, & password. If you give this information to any other party you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information.

13. Copyright and Trademark Notices

All materials on the EZHoster.com Web Site (as well as the organization and layout of the EZHoster.com Web Site) are owned and copyrighted or licensed by Internet Business Services, Inc., and its affiliates and assigns and licensors. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the EZHoster.com Web Site is permitted without the written permission of EIS. Any rights not expressly granted herein are reserved.

ezhoster.com is a wholly owned subsidiary of Internet Business Services, Inc..

14. Modification

EIS reserves the right at anytime and from time to time to modify, discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that EIS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

15. Termination and Cancellation

Either you or EIS may terminate or cancel your membership at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with EIS. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of these Terms of Service or EIS's enforcement or application of any such term; (2) any policy or practice of EIS, including Homestead's Privacy Policy and Copyright Policy, or EIS's enforcement or application of these policies; (3) the content available through EIS or any change in content provided through EIS; (4) your ability to access or use the EZHoster.com Web Site or your Member Web Site; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. All other provisions of this Agreement which may reasonably be construed as surviving such termination will survive the termination of this Agreement.

You further agree that EIS, in its sole discretion, may terminate your Member Web Site, your EZHoster account or your use of the Service for any reason, including, without limitation, if you breach these Terms of Service, if we are unable to verify or authenticate any information you provide to us, or if EIS believes that you have violated or acted inconsistently with the spirit of these Terms of Service. We may also terminate your Member Web site and/or EZHoster account if we decide, in our sole discretion, to discontinue offering our services. If you violate any of these Terms of Service you will forfeit all credits, pre-paid fees, and any other amounts accruing to you (if any).

You can cancel your membership by calling +1.800-399-9604. You will receive a cancellation confirmation via email after we process your cancellation request. EIS reserves the right to collect fees, surcharges or costs incurred before you cancel your EZHoster membership in addition to the applicable cancellation fee(s).

16. General Information

These Terms of Service shall be governed in all respects by the laws of the State of New Jersey, U.S.A. as such laws are applied to agreements entered into and to be performed entirely within New Jersey between New Jersey residents. Both parties submit to exclusive jurisdiction and venue in the courts located in Hunterdon County, New Jersey and further agree that any cause of action arising under these Terms of Service shall be brought in a court in WHAT County, New Jersey. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You may not assign or transfer these Terms of Service or your rights in your Member Web Site, and any attempt to the contrary is void. These Terms of Service sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect. Each party is an independent contractor and not an agent or representative of any other party. No party shall have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. This Agreement shall not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The services hereunder are offered by Internet Business Services, Inc., located at 15 Wharton Way, High Bridge, NJ.

17. Independent Review

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND ALL RELATED SITE SCREENSREFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT YOU AGREE TO ALL ITSTERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THISAGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.

The following is a list of additional Terms of Service information for some specific Internet Business Services offerings. These additional Terms of Service are in addition to the above information.

18. Internet Domain Names

EIS has chosen Tucows Inc. and NetEarth One Inc. to provide domain name registration services. You hereby authorize EIS to acquire your selected domain name from Tucows Inc. or NetEarth One Inc.. In order to receive a domain name, you agree to each registrar's respective terms and conditions as may be amended. You understand that you are creating a separate contractual relationship between you and the registrar in question, and that you, and not EIS, are responsible for all liability, and obligations in connection with that relationship. You agree that your domain name registration providers may be transferred to a different registration service provider at EIS sole discretion. Domain names purchased or renewed on your behalf remain the property of EIS until full payment is received for the domain registration service.

You will be listed as the registrant contact in connection with your domain name. You hereby authorize EIS to list itself as the administrative contact, billing contact, technical contact and name servers in connection with your domain name and to take any actions EIS deems appropriate in those capacities including but not limited to modifying their domain record so long as EIS is the listed host. However, on termination of the Service, EIS will immediately cease acting in those capacities. After such time, EIS will not be responsible to forward any notices, emails or other correspondence to you or to take any other actions in connection with your domain name. You will be solely responsible for all ongoing fees, as well as removing EIS as the billing, technical contact and name servers in connection with your domain name.

19. Spam

EIS is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the EZHoster network, by customers or any other users of the EZhoster network; AND/OR over ANY network; if the message sent advertises or mentions a site hosted on the EZHoster server. We also prohibit the selling products that can be used for spamming.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy.

If you have any complaints or comments regarding Spam on our network, please direct them via email to abuse@ezhoster.com .

20. Email Policy

EZHoster may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider unsolicited mass email as any unsolicited email messages sent to more than 25 email addresses or more than 10 news groups.

21. Backups

Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the MEMBERS' responsibility to maintain local copies of their web content and any information on their account including but not limited to clients website, email, databases, mailing lists, and archives. If loss of data occurs due to an error of EIS, we will attempt to recover the data at no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, EIS will attempt to recover the data from the most recent archive for a $20.00.

22. Traffic Policy

EIS imposes very generous traffic limits that most sites never reach, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Ezhoster MEMBERS are discouraged from storing any files that cause excessive traffic on EZHoster servers. Please contact EIS Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to charge additional fees for sites that exceed our generous traffic limits. Sites that exceed their traffic limits will be suspended without prior notification if they do not purchase add-on traffic packages.

23. Quality of Services

EZHoster or agent's of the EZHoster or any other entities engaged in a business alliance with the EZHoster will make their best efforts to provide quality and uninterrupted services, although this is NOT guaranteed. EZHoster will NOT be responsible for any damages a service interruption may cause to the MEMBER. Further, PROVIDER will not censor, except as stated above, any content on MEMBER site. It is the MEMBER's sole responsibility for the content of their site and any consequences of its use.

Dedicated servers:

This SLA applies to dedicated servers only. Previously mentionned terms still apply.

EzHoster is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the EzHoster network. The EzHoster Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of EzHoster's web hosting, reseller, dedicated server, co-location, e-commerce, high speed wireless, and dial-up/dedicated access services.

Uptime Guarantee:

EzHoster strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is is calculated solely by EzHoster monitoring systems or EzHoster authorized/contracted outside monitoring services.

If EzHoster fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. EzHoster does not credit a full month's service for minor downtime. This would not be financially healthy for EzHoster, and in turn would only negatively affect the service level EzHoster provides to you.

"Partial refunds for partial downtime" is our standard policy. In extreme circumstances, EzHoster may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.

Exceptions:

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the EzHoster network caused by or associated with:

Connectivity:

EzHoster's goal is to make the EzHoster network available to Client free of outages for 99.5% of the time. An "outage is defined as an instance in which Client is unable to transmit and receive IP packets due to a EzHoster service failure for more than 15 consecutive minutes, excluding service failures relating to EzHoster's scheduled maintenance and upgrades.

The EzHoster network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. EzHoster's goal is to keep Average Round-Trip Latency on the EzHoster network to 85 milliseconds or less. EzHoster defines Average Round-Trip Latency, with respect to a given month, as the average time required for round-trip packet transfers between the EzHoster network and major US backbone peering points during such month, as measured by EzHoster.

EzHoster's goal is to keep Average Packet Loss on the EzHoster network to 1% or less. EzHoster defines Average Packet Loss, with respect to a given month, as the average percentage of IP packets transmitted on the EzHoster network during such month that are not successfully delivered, as measured by EzHoster.

Measurement:

EzHoster will periodically (on average every 5 minutes) monitor EzHoster network and server availability using software and hardware components capable of measuring application traffic and responses.

Client acknowledges that that such measurements may not measure the exact path traversed by Client's internet connection, and that such measurements constitute measurements across the EzHoster network but not other networks to which Client may connect. EzHoster reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by EzHoster and made available to Client.

Hardware Failure:

EzHoster stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. EzHoster utilizes only name brand hardware of the highest quality and perfomance. EzHoster will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues.

Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site Cisco engineers or backbone provider emergency personnel to correct the problem.

Router failure is governed by current EzHoster contracts with Cisco and backbone providers in regard to the emergency repair service in case of such an issue. EzHoster will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades.

EzHoster will replace all faulty hardware on all non-purchased dedicated and wireless access customer premise equipment, at no charge to the Client, unless equipment has been tampered with, or damage is caused by direct neglect/action(s) of Client.

Credits:

Credit requests must be made by emailing sales@ezhoster.com. Each request in connection with network/server outages/downtime must be received by EzHoster within five days of the occurance. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by EzHoster within five days after the end of such month.

The total amount credited to a Client for EzHoster not meeting SLA service levels will not exceed the service fees paid by Client EzHoster for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after EzHoster's receipt of such request.

Credits are exclusive of any applicable taxes charged to Client or collected by EzHoster. Upon Client's request (in accordance with the procedure set forth below), EzHoster will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to EzHoster and confirmed by EzHoster's measurement reporting.

Such credit will be equal to one day's worth (1/30th) of the monthly fees paid by Client, (for all service fees paid if network outage, or specific affected service fees paid if individual server downtime) multiplied by each hour (or portion thereof rounded to nearest next hour) of the cumulative duration of such outage/downtime.

If Average Round-Trip Latency on the EzHoster network for a calendar month exceeds 85 milliseconds, then upon Client's request, EzHoster will issue a credit to Client equal to six day's worth (1/5th) of the monthly service fees paid by Client for such month. If Average Packet Loss exceeds 1% during a calendar month, then upon Client's request, EzHoster will issue a credit to Client equal to six day's worth (1/5th) of the monthly service fees paid by Client for such month.

General:

EzHoster reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, EzHoster makes no claims regarding the availability or performance of the EzHoster network or servers.

Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in SLA and Terms of Service, the Terms of Service/points prevail over this general SLA policy. The Service Agreement signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.

Virtual private servers:

This SLA applies to dedicated servers only. Previously mentionned terms still apply.

Network uptime:

EzHoster maintains a prestigious 99.9% uptime guarantee. This guarantee states that the node in which your VPS is located, will be up for 99.9% of the time, every month. This does not guarantee, that your VPS will be up for 99.9% of the time as the variables for misconfiguration etc. would outweigh the uptime. Should for any reason the network experience any downtime, such downtime will credit 5% of the clients renewal fee for every 15 minutes of downtime, up to 100% of the renewal fee. This downtime excludes any and all scheduled network and server maintenance.

Hardware replacement:

EzHoster is held responsible for all hardware that is located inside or is a part of the hardware node. Any and all hardware that has failed will be replaced within two hours of notified failure. For every 30 minutes that the hardware is not replaced past that time period, the client will be credited 5% of the clients renewal fee, up to 100% of the renewal fee. This replacement timeframe, does not cover for any possible data loss.