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1. SUMMARY.   As a convenience the Service Level Agreement ("SLA") provided with our DNS service is summarized below.  However, the complete definition of this SLA is provided in the body of this document, and in the event of a discrepancy or ambiguity between the summary and complete definition, the complete definition is to be relied upon.
 

Claims for SLA remedies must be made within 7 days of the outage and must include verification from a third-party source.

1. SERVICE LEVEL AGREEMENT. In this Service Level Agreement ("SLA", "Agreement") "you" and "your" refer to the registered account holder, "we", "us" and "our" refer to Nettica Corporation and "DNS Services" and "Services" refers to the domain name system service provided by us.  This Agreement explains our obligations to you, and explains your obligations to us for the Services.

2. TERMS AND CONDITIONS. This Agreement will remain in full force during the length of the term of your Service selected, recorded, and paid for upon purchase of the Service.  Should you choose to renew or otherwise lengthen the term of your Service, the term of this Agreement will be extended accordingly.  If this Service is provided in combination with a Domain Registration and said domain is transferred, this Agreement will cease to be in effect upon completion of the transfer unless DNS service is additionally purchased.  This Agreement ends with the expiration term of DNS Service.

In order to provide this service we must be the primary and exclusive provider of DNS Service for the given domain name, and all of our DNS servers must be listed in the WHOIS information for the domain.

You agree that your domain name will remain current for the term of your DNS service.  This Agreement does not apply if your domain name expires without renewal, regardless of the term of your DNS service.

Failure to comply with these conditions invalidates this Agreement.

3. AVAILABILITY. Availability is defined as the ability to query our DNS servers for the appropriate DNS record for the given domain.  Availability begins 48 hours after the initial DNS registration of the domain name to our DNS servers.  This time is necessary to allow the Internet to fully propagate the change across all root servers.

4. INTERRUPTION. An interruption is defined as the failure of Nettica DNS Servers to respond to DNS queries for a given domain name due to server or network failure at our server locations.  Interruptions are measured in minutes.

5. EXCLUSIONS. Interruptions do not include the inability to "ping" a specific address or inability to access a web site due to port blocking by an Internet Service Provider ("ISP"), failure or misconfiguration on the destination network, or failure or misconfigurations of the destination server(s), or misconfiguration of the DNS records.  Interruptions also do not include localized, regional, or global failures of an ISP providing service to their customers.  Interruptions do not include scheduled and posted maintenance periods of our network and/or servers.

6. CLAIMS. Claims of interruption must be made within seven days of the interruption in the form of email to Support and must include your username, the domain(s) affected, and accompanying documentation from an independent third-party service.

7. REMEDY. To compensate for interruptions we will provide credit for the interruption in the form of extending the service term for 500% of the interruption time for each domain interrupted, or one day, whichever is greater. The amount of the extension of DNS service cannot exceed one year.  If the interruption as a percentage of your total service purchase for one year exceeds $20.00, you may elect to take a cash refund credited to the card under which you originally purchased the service in lieu of the extension.  In all cases the amount of refund is not to exceed the original purchase price for the Services.

The remedy is calculated as follows:

(

interruption in minutes x 5 ---------------------------------------------------------------- 1440 (24 hours in minutes)

)

The remedy will applied to the domains reported by you.

8. MODIFICATIONS TO AGREEMENT. You agree that either we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. You agree to be bound by any such revision or change which shall be effective immediately upon posting on our web site or upon notification to you by e-mail.  You agree to review this Agreement as posted on our web site periodically to maintain an awareness of any and all such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail. Notice of your termination shall be effective after processing by us. You agree that, by continuing the use of Services following notice of any revision to this Agreement or change in service(s), you shall be bound by any such revisions and changes.  You acknowledge that if you do not agree to any such modifications, you may request that your DNS service be terminated.

9. MODIFICATIONS TO YOUR ACCOUNT.  In order to change any of your account information with us, you must use your Account Identifier and Password that you selected when you opened your account with us. You agree to safeguard your Account Identifier and Password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your Account Identifier or Password.  You are solely responsible for the configuration of your DNS service for a domain and misconfiguration of the domain will invalidate this Agreement.

10. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

11. INDEMNITY. You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates and Nettica Corporation, and its directors, officers, employees, agents and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name. This indemnification obligation will survive the termination or expiration of this Agreement.

12. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

13. NON-AGENCY. Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

14. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF STATE OF WASHINGTON AND THE FEDERAL LAWS OF THE UNITED STATES OF AMERICA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN WASHINGTON AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

15. INFANCY. You attest that you are of legal age to enter into this Agreement.

16. FORCE MAJEURE. You acknowledge and agree that neither we nor the Registry shall be responsible for any failures or delays in performing our respective obligations hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.

17. FOREIGN LANGUAGE: Controlling Language. In the event that you are reading this agreement in a language other than the English language, you acknowledge and agree that the English language version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.

18. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.