1. SERVICE UPTIME. JINXSHELLS' target uptime for the Service is 99.9% of the time in every calendar month and JINXSHELLS provides you with a 99.9% Critical Services Uptime Guarantee as defined below. If JINXSHELLS fails to meet the 99.9% 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 99.9% Critical Services Uptime Guarantee was not met, and (b) more than 20% of JINXSHELLS customers are affected. Such credits may be deducted from amounts otherwise payable by you to JINXSHELLS hereunder. In the event there is a dispute regarding credits, JINXSHELLS 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 JINXSHELLS.

a."99.9% Critical Services Uptime Guarantee" means that JINXSHELLS guarantees that Down Time with respect to the Critical Services shall not exceed 0.1% 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 JINXSHELLS 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 JINXSHELLS customers and does not include any period of time during which services are not functional or available as a result of:

i. maintenance, scheduled or otherwise, performed by JINXSHELLS;
ii. third party intrusions, including without limitation denial of service or similar attacks;
iii. downtime resulting from misuse by End-Users (as defined in the Terms of Use); or
iv. any event that is not within JINXSHELLS' control.

Credit Table

All claims for credit under this guarantee must be submitted to the JINXSHELLS customer Help Desk Customer requesting claim must be same contact listed on the account in order to receive credit.  
 
2. WEB HOSTING. JINXSHELLS 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.

3. MAINTENANCE SERVICES. JINXSHELLS will provide system maintenance as long as this SLA has not been terminated or amended. Maintenance is performed at times which least impact JINXSHELLS' customers based on minimal overall activity on the JINXSHELLS systems. Notwithstanding the foregoing, JINXSHELLS reserves the right, in its reasonable discretion, to perform any emergency work at any time.