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This Terms of Use (Service Level Agreement) may be amended at any time by Space for Me.com. Updated copies of the SLA/TOS will be located at http://www.spaceforme.com/terms.php The SLA does not apply to deliquent customers.

This Space for Me Service Level Agreement ("SLA") applies to all dedicated servers. Client agrees that Space for Me internal measurements establish the eligibility for any applicable Performance Credit. In the event that Client determines that a discrepancy in such measurement exists, Client shall promptly notify Space for Me and Space for Me and Client will mutually agree upon the validity and accuracy of the measurement, and upon Client's eligibility for any applicable Performance Credits.

This SLA may be amended at any time by Space for Me. Updated copies of the SLA will be located at http://www.spaceforme.com/terms.php.

1. Definitions

1.1. Full Managed Services ("Full Managed Services") is defined as security audits, application and software updates, user management, and software installs on the dedicated server to be performed by Space for Me for the client. Space for Me will maintain the server and provide monthly System Administration to the server. Special requests for Administration on the server will be completed within 24 hours of request and be made by the client or authorized agent working for the client. All services performed on the dedicated server are subject to $150.00 an hour labor fee [Mon-Fri 9:00am-6:00pm]. (Off-peak is $200 per hour, Off-peak hours includes: After 6:00PM Weekdays, Weekends and Holidays) Full Managed Service do not allow root or administrator access to the server.

1.1.1 Managed Services ("Managed Services") is defined as a monthly system overview by a System Administrator. Space for Me will perform a set of performed checks, audits, and reports on the server and provide monthly e-mail regarding your server. This service is to provide the clients with knowledge and overview of the server. From time to time security updates, application patches, and System Administration may be performed free of charge. In addition to these services System Administrator may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable. Space for Me agrees to provide Client with notification during monthly report on what items are "free of charge" and what items are "billable". To participate in Managed Services Client agrees to maintain an updated username and password with FULL rights to the server.

1.1.2 Unmanaged Services ("Unmanaged Services") is defined as servers that are rented to Clients. Space for Me performs no maintenance, security checks, and user management for the client. Space for Me will perform system administration on a per incident basis. All services performed on the server come without warranty or guarantee. All service performed on the dedicated server are subject to an $175.00 an hour labor fee [Mon-Fri 9:00am-6:00pm]. (OffPeak is $250 per hour, OffPeak hours includes: After 6:00PM Weekdays, Weekends and Holidays).

1.1.3 Colocation Services ("Colocation Services") is defined as servers that are property of the Clients with rackspace, bandwidth, and Ethernet ports which are rented on a monthly basis. All services performed on the server come without warranty or guarantee. Client is responsible for supplying replacement parts, hot swappable hardware and software media. All services performed on the Clients servers are subject to an $175.00 an hour labor fee [Mon-Fri 9:00am-6:00pm]. (OffPeak is $250 per hour, OffPeak hours includes: After 6:00PM Weekdays, Weekends and Holidays) Clients that use Space for Me have an option to participate in Managed Services. This is subject to the approval of a Space for Me Administrator and an additional monthly fee.

1.2. Space for Me Network ("Space for Me Network") is defined as the equipment, software and facilities within Space for Me network segment, including Space for Me contracted ISP service to which Space for Me network segment is connected, collectively used by Space for Me to provide the service.

1.3. Service Availability ("Service Availability") is the total time in a calendar month that the Space for Me is available through the Internet, provided that Client has established connectivity. Space for Me takes responsibility for the Service Availability within their network, and cannot be held liable for upstream problems. The Space for Me Network will be available to clients free of Network Outages for 99.999% of the time.

1.4. Service Downtime ("Service Downtime") is any unplanned interruption in Service Availability during which Client is unable to access the services as described in section 1.3 above that is determined to have been caused by a problem in Space for Me Network as confirmed by Space for Me. Service Downtime is measured as the total length of time of the unplanned interruption in Service Availability in a calendar month. Space for Me provides direct support and expertise in the software it provides, any unplanned outages due to software failure are the direct responsibility of the software publisher and not of Space for Me.

1.5. Scheduled Service Downtime ("Scheduled Service Downtime") is any Space for Me interruption of Managed Services. Scheduled Service Downtime occurs during Space for Me standard server maintenance window, which occurs with a 24 hour notice to the Client via e-mail.

1.6. Performance Credit ("Performance Credit") occurs when 99.999% uptime is not met. Space for Me will refund the customer 2% of the monthly fee for each 30 minutes of downtime (up to 100% of the customer's monthly fee). Network downtime is measured from the time the trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.

1.7 Monitoring Service ("Monitoring Service") is the service Space for Me provides and monitors TCP/IP based ports and applications through its internal monitoring service. To participate in this, Space for Me must have valid system administrator access to repair the server in the event of a service/daemon failure.

1.8 Billable System Administration (" Billable System Administration") is operation, configuration, performance tuning, security configurations, and any interaction with the Operating System or software installed on the server. Support provided to the client that requires Space for Me to login to the server can be considered Billable System Administration. Fees for this service are billed out at a $87.50 minimum charge with hourly rates of $175.

2. Service Downtime Performance Credit

2.1. In the event of Service Downtime in which monthly Service Availability is less than 99.999%, Client will receive a Performance Credit as described in section 1.6 of this document.

3. Service Exclusions

3.1. This SLA does not cover Service Downtime caused by problems in the following:

3,1.1. Client's local area network.

3.1.2. Client-provided Internet connectivity or end-user software.

3.1.3. Anything inside Client's internal network including, but not limited to, firewall configuration and bandwidth to internet, local area workstations, servers, software, and configuration.

4. Service Downtime Exclusions

4.1. The following are excluded from the monthly calculation of Service Availability: .

4.1.1. Any utilized Scheduled Service Downtime.

4.1.2. Any problems outside Space for Me Network.

4.1.3. Any interruptions, delays or failures caused by Client or Client's employees, agents, orsubcontractors, such as, but not limited to, the following:.

4.1.3.1. Inaccurate configuration.

4.1.3.2. Non-compliant use of any software installed on the server.

4.1.3.3. Client initiated server over-utilization.

4.1.3.4. Any problems related to the attacks on the machine such as hacking, attacks, and exploits.

5. Billable System Administration which is defined in section 1.8 includes the following:

5.0.1 System Administration of the clients server.

5.0.2 Software installations performed by Space for Me .

5.0.3 Virus and Security Scans of the server.

5.0.4 Configuration of the Operating System, web Server, and custom software installed on the server.

5.0.5 Security Audit and reports of the server.

5.0.6 Patches, Upgrades, and Service Pack installations.

This SLA/TOS is dated February 2, 2006.

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