KT GRAPHICS LLC's target uptime for the Service is 99.9% of the time in every calendar month and KT
GRAPHICS LLC provides you with a 99.7% Critical Services Uptime Guarantee as defined below. If KT GRAPHICS LLC 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 KT GRAPHICS LLC customers are affected. Such credits may be deducted from amounts otherwise payable by
you to KT GRAPHICS LLC hereunder. In the event there is a dispute regarding credits, KT GRAPHICS LLC 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 KT GRAPHICS LLC.
“99.7% Critical Services Uptime Guarantee” means that KT GRAPHICS LLC 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).
“Critical Services” means the email services, web hosting services, DNS services, and the KT GRAPHICS LLC network to the
extent that such services do not include Closed Source Applications, as defined in Section 4 below.
“Down Time” means periods of time that the Critical Services are not functional and available to KT GRAPHICS LLC
customers and does not include any period of time during which services are not functional or available as a result of:
maintenance, scheduled or otherwise, performed by KT GRAPHICS LLC;
third party intrusions, including without limitation denial of service or similar attacks;
downtime resulting from misuse by End-Users (as defined in the Terms of Use) errors or non-performance of third party
software, including without limitation, Microsoft Access, .asp, .jsp, Cold Fusion or Miva Merchant; or
any event that is not within KT GRAPHICS LLC’ control.
Credit Table
Availability
% Monthly Service Credit
99.40 - 99.70
10%
99.00 - 99.40
20%
98.00 - 99.00
30%
97.00 - 98.00
40%
96.00 - 97.00
50%
95.00 - 96.00
60%
WEB HOSTING. KT GRAPHICS LLC will use commercially reasonable efforts to ensure that your web site is available online, twenty four
(24) hours following receipt of payment from you for services.
MAINTENANCE SERVICES. KT GRAPHICS LLC will provide system maintenance as long as this SLA has not been terminated or
amended. Maintenance is performed at times which least impact KT GRAPHICS LLC’ customers based on minimal overall activity on the
KT GRAPHICS LLC systems. Notwithstanding the foregoing, KT GRAPHICS LLC reserves the right, in its reasonable discretion, to
perform any emergency work at any time.
CLOSED SOURCE PLATFORM APPLICATIONS. ColdFusion, ColdFusion MX, ASP, ASP.NET, JSP, and Miva Merchant
applications are hosted on a closed source platform (“Closed Source Applications”).
PRIVATE LABEL DNS. Private label DNS (domain name servers) require 3 DNS entries, the third of which is KT GRAPHICS LLC'
generic DNS.
ACCESS DATABASES. Microsoft Access databases are not designed for, nor recommended for use on web sites which receive high
volumes of Internet traffic. KT GRAPHICS LLC does not guarantee the performance of web sites which make use of Microsoft Access
databases.
EASYMAIL/MAILING LISTS.
EasyMail E-Mail Accounts are restricted to a maximum size of 50MB. If you exceed this limit we may suspend or terminate your
account and your email messages may be lost.
EasyMail E-Mail Accounts’ e-mail transfer limit is a maximum of 20MB for each separate request by the mail server.
