Exclusions:
Customer shall not receive any credits under this policy in connection with any failure or deficiency of the Cpanelhosting.Com network caused by or associated with:

• Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (i.e....fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
• Telco Failure 
• Backbone peering point issues
• Scheduled maintenance for hardware/software upgrades
• Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Cpanelhosting.Com utilizes only name brand hardware of the highest quality and performance.
• Software bugs/flaws
• DNS issues not within the direct control of Cpanelhosting.Com
• Network floods, hacks, attacks from outside parties or individuals
• Failure or error of any Cpanelhosting.Com monitoring or measurement system
• Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of Cpanelhosting.Com service(s) in breach of Cpanelhosting.Com Policy and Service Guidelines (TOS), by Client or others authorized by Client.

Latency:
Cpanelhosting.Com's goal is to make the Cpanelhosting.Com network available to Client free of outages for 99.9% of the time. An "outage” is defined as an instance in which Client is unable to transmit and receive IP packets due to a Cpanelhosting.Com service failure for more than 15 consecutive minutes, excluding service failures relating to Cpanelhosting.Com's scheduled maintenance and upgrades. The Cpanelhosting.Com network does not include client premises, equipment or any Telco access facilities connecting Client's premises to such infrastructure. Cpanelhosting.Com's goal is to keep Average Round-Trip Latency on the Cpanelhosting.Com network to 85 milliseconds or less. Cpanelhosting.Com defines “Average Round-Trip Latency”, with respect to a given month, as the average time required for round-trip packet transfers between the Cpanelhosting.Com network and major USA backbone peering points during such month, as measured by Cpanelhosting.Com. Cpanelhosting.Com's goal is to keep Average Packet Loss on the Cpanelhosting.Com network to 1% or less. Cpanelhosting.Com defines “Average Packet Loss”, with respect to a given month, as the average percentage of IP packets transmitted on the Cpanelhosting.Com network during such month that are not successfully delivered, as measured by Cpanelhosting.Com.

Monitoring:
Cpanelhosting.Com will periodically (on average every 5 minutes) monitor Cpanelhosting.Com 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 Cpanelhosting.Com network but not other networks to which Client may connect. Cpanelhosting.Com reserves the right to periodically change the measurement points and methodologies it uses without notice to Client.

Internal Failure:
Cpanelhosting.Com stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. Cpanelhosting.Com utilizes only name brand hardware of the highest quality and performance. Cpanelhosting.Com 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 policy guarantee, and may require on-site Juniper™ engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current Cpanelhosting.Com and suppliers contracts with Juniper™ and backbone providers in regard to the emergency repair service in case of such an issue. Cpanelhosting.Com 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. Cpanelhosting.Com will replace all faulty hardware on all non-purchased dedicated equipment, at no charge to the Client, unless equipment has been tampered with, or damage is caused by direct neglect/action(s) of Client.

Claims:
Credit requests must be made by fax to our published fax number. Each request in connection with network/server outages/downtime must be received by Cpanelhosting.Com within five days of the occurrence. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by Cpanelhosting.Com within five days after the end of such month. The total amount credited to a Client for Cpanelhosting.Com not meeting policy service levels will not exceed the service fees paid by Client Cpanelhosting.Com for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after Cpanelhosting.Com's receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by Cpanelhosting.Com. Upon Client’s request (in accordance with the procedure set forth below), Cpanelhosting.Com will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to Cpanelhosting.Com and confirmed by Cpanelhosting.Com's measurement reporting. Such credit will be equal to one percent (1%) 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) of the cumulative duration of such outage/downtime. If Average Round-Trip Latency on the Cpanelhosting.Com network for a calendar month exceeds 85 milliseconds, then upon Client's request, Cpanelhosting.Com 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, Cpanelhosting.Com 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.

Additionally:
Cpanelhosting.Com reserves the right to change or modify this policy to benefit the Client, and will post changes to location currently hosting this policy at time of modification, which will be made available to Client. Except as set forth in this policy, Cpanelhosting.Com makes no claims regarding the availability or performance of the Cpanelhosting.Com network or servers. Specific terms/points of this policy 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 policy and Service Agreement, the Service Agreement terms/points prevail over this general policy policy. The Service Agreement signed/agreed by client, is above and beyond this policy, and Service Agreement terms are in affect, including, but not limited to, limitations of liability