Service Level Agreement (SLA)

By submitting the online order form below, or by using IROOST DOMAIN HOSTING services, Customer hereby agrees to the following Service Level Agreement (SLA). Customer agrees that it shall comply with, and require its clients to comply with, this SLA.

Unless otherwise specified in this SLA, the usage of "us", "we", "our", and "ours" shall refer to IROOST DOMAIN HOSTING, and Oregon corporation, and all its parents, subsidiaries, successors, and assigns. The usage of "Customer," "you", "your", "they", and "them" shall refer to the Customer of IROOST DOMAIN HOSTING.

Moreover, in this SLA, "IROOST DOMAIN HOSTING" shall refer to IROOST DOMAIN HOSTING, an Oregon corporation, and all its parents, subsidiaries, successors, and assigns.

1. Definitions.

1.1. "Network Uptime" is the total time in a calendar month that the IROOST DOMAIN HOSTING network is available through the Internet, provided that Customer has established connectivity. IROOST DOMAIN HOSTING takes responsibility for network availability within its network and for network outages from its bandwidth and connectivity provider, except when such network outages are excluded by Section 3.6 of this SLA; however, IROOST DOMAIN HOSTING shall not be liable for any upstream problems outside of its network. IROOST DOMAIN HOSTING's guarantee is that its network will be available to Customer free of Network Outages, that render 100% packet loss, 99.9% of each calendar month.

1.2. "Network Outages" or "Unscheduled Downtime" is any unplanned or unscheduled interruption in service availability during which Customer is unable to access the services as described in the section titled "Network Uptime" above.

1.3. A "Network Outage" is defined as a period in which 100% packet loss to IROOST DOMAIN HOSTING's network is experienced, which is determined to have been caused by a problem in IROOST DOMAIN HOSTING's Network as confirmed by IROOST DOMAIN HOSTING. Downtime and outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

1.4. "Scheduled Downtime" is any IROOST DOMAIN HOSTING scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible.

2. "SLA Network Violation Credit" occurs when IROOST DOMAIN HOSTING's network uptime guarantee is not met. As stated in paragraph 1.1 above, IROOST DOMAIN HOSTING guarantees 99.9% uptime for silver, gold, and platinum hosting.

Network downtime is measured from the time the network is 100% unreachable, until service is once again restored. In order to request a credit, you must e-mail us at: cs@iroost.com within seven (7) days after the last day of the calendar month in which the downtime occurred. (For example, if the downtime occurs during the month of December, IROOST DOMAIN HOSTING must receive your e-mail between January 1 and January 7. E-mail notifications that are not sent within the first seven (7) days of the month immediately following the downtime will not be eligible for credits.

The amount of the credits are determined by the following table, based on
the amount of Network Uptime the IROOST DOMAIN HOSTING network has provided for the month in which a credit is requested.

Network Uptime for the Month	Percentage of Monthly Hosting Fee Credited Upon Proper Request
99.9 - 100%	0% credit
99.7 - 99.8%	5% credit
99.5 - 99.6%	6% credit
99.3 - 99.4%	10% credit
99.0 - 99.2%	12% credit
98.9% and below	15% credit

IROOST DOMAIN HOSTING will review claims of SLA violations during normal business hours of the first through seventh day of the month, and will apply any applicable credit to Customer's account within two billing cycles after IROOST DOMAIN HOSTING receives Customer's credit request.

3. Performance Credit Exclusions.

Notwithstanding any contrary provision in this SLA, IROOST DOMAIN HOSTING shall not be liable to reimburse in any form for failure to meet any of the guaranteed service level where such failure arises from any one or more of the following:

3.1. Scheduled downtime, maintenance, or upgrades, including without limitations the following:

Maintenance by local public telecommunications and telegraph service providers on access circuits between IROOST DOMAIN HOSTING and the clients' Web sites;

Software maintenance made globally on IROOST DOMAIN HOSTING's network.

3.2. Emergency maintenance or upgrades, where such maintenance or upgrades are required by the occurrence of any events outside of IROOST DOMAIN HOSTING's control;

3.3. Failure of access circuits to the IROOST DOMAIN HOSTING Network, unless such failure is caused solely by IROOST DOMAIN HOSTING;

3.4. Erroneous SLA outages reported as a result of outages or errors of any IROOST DOMAIN HOSTING measurement system;

3.5. Problems outside of IROOST DOMAIN HOSTING's network (upstream providers, or client's inbound connection) not effecting 100% packet loss to our network, and interruptions or failures of individual service caused by Customer, Customer's agents or employees, Customer's clients, or other third parties, to Customer's service. These interruptions and failures include, but are not limited to, the following:

• inaccurate configuration,

• third-party software,

• Customer's abuse or over-utilization of resources,

• acts or omissions of any person for whom IROOST DOMAIN HOSTING is not responsible, or
• any causes whether similar or otherwise outside IROOST DOMAIN HOSTING's control;

3.6. Circumstances beyond IROOST DOMAIN HOSTING's reasonable control and force major events including but not limited to the following:

catastrophic incidents, vandalism, lightning, power failure, fire, flood, earthquake, acts of nature, emergency, acts of any governmental body, war, insurrection, sabotage, armed conflict, terrorism, embargo, riots, curfew, strike or other labor disturbance, industrial disputes, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third-party services, virus attacks, worms, Trojans, spyware, adware or other malware, failure of third-party software (including, without limitation, e-commerce software, payment gateways, chat, statistics, or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;

3.7. Services or communications protocols other than hypertext transfer protocol (HTTP).

3.8. DNS (Domain Name System) issues outside the direct control of IROOST DOMAIN HOSTING;

3.9. DNS propagation;

3.10. Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding, e.g. CGI, PERL, HTML, PHP, etc., any negligence, willful misconduct, or use of IROOST DOMAIN HOSTING's service in breach of IROOST DOMAIN HOSTING's Terms of Service, Acceptable Use Policy, or No-Spam Policy;

3.11. Faults caused by the client's equipment, applications, interconnected equipment, networks, systems or gateways and / or the acts or omissions of the Customer, third-party components whether within or outside IROOST DOMAIN HOSTING's network or the acts or omissions of local exchange carriers or failure of third party services;

3.12. Outages elsewhere on the Internet that hinder access to your account or services. IROOST DOMAIN HOSTING is not responsible for browser or DNS caching that may make your Web site appear inaccessible when others can still access it. IROOST DOMAIN HOSTING will guarantee only those areas considered under the control of IROOST DOMAIN HOSTING; or

3.13. Disconnection and / or reconnection of the services due to non-payment of any charges payable to IROOST DOMAIN HOSTING or where the services are disconnected by reason of it being used for any illegal, unlawful, or other objectionable purpose described in the TOS, AUP, or No-Spam Policy.

4. Nature of Credits; Sole Remedy.

4.1. Notwithstanding anything to the contrary in this SLA, the total amount credited to the Customer in a particular month under this SLA shall not exceed the total hosting fee paid by the Customer for such month for the affected service.

4.2. Credits are exclusive of any applicable taxes charged to the Customer or collected by IROOST DOMAIN HOSTING and are the Customer's sole and exclusive remedy with respect to any failure or deficiency in service or in the availability of the Customer's Web sites.

5. General Terms.

5.1. You and IROOST DOMAIN HOSTING agree that only measurements carried out by IROOST DOMAIN HOSTING's personnel shall be used for the calculation of unavailable time and IROOST DOMAIN HOSTING's records shall be conclusive evidence of that unavailable time. The client's sole remedy in relation to a breach of this SLA shall be limited to the service credits provided accordingly in this SLA.

4.2. This SLA shall not apply during any trial or free period of the services, and this SLA does not come into effect until after the end of the first month of the applicable services has been provided. The SLA shall apply during the normal initial period during which the Customer is available for IROOST DOMAIN HOSTING's 30-day money-back guarantee, as provided in the TOS, as amended from time to time; provided, however, that Customer's right to a 30-day money-back guarantee shall expire, according to its terms, if the Customer continues service beyond the first thirty (30) days.

5.3. This SLA does not relieve the Customer from the obligation to pay the Customer's balance in full when it is due. SLA credits are always applied within two billing cycles after the month in which the downtime eligible for SLA credit occurs.

5.4. This SLA is subject to IROOST DOMAIN HOSTING's Terms of Service (TOS), as it may be modified from time to time. In the event of any conflict between any term or condition of this SLA and the TOS, the TOS shall govern and the conflicting portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties to this SLA, and the remainder of the SLA's provisions shall remain in full force and effect.

Privacy Policy

By submitting an online order form, or by using IROOST DOMAIN HOSTING's service, Customer hereby agrees to the following Privacy Policy. Customer agrees that it shall comply with and require its end users to comply with this Privacy Policy, IROOST DOMAIN HOSTING's Terms of Service (TOS), IROOST DOMAIN HOSTING's Acceptable Use Policy (AUP), and IROOST DOMAIN HOSTING's No-Spam Policy (NSP). In this document, the word "Agreement," with a capital "A," refers to the TOS, the AUP, the NSP, and the Privacy Policy collectively.

1. Introduction.
IROOST DOMAIN HOSTING, Inc. respects the privacy of every individual who visits its Web sites and uses its services. This privacy statement provides notice of the standards and terms under which IROOST DOMAIN HOSTING, Inc. protects the privacy of information supplied by visitors to sites on the World Wide Web that are owned and operated by IROOST DOMAIN HOSTING, Inc., including www.iroost.com. This privacy statement provides notice of our information collection practices and of the ways in which your information may be used. This policy may change from time to time, so please check back periodically to review this information.

2. Personally Identifiable Information.
IROOST DOMAIN HOSTING, Inc. typically receives specific data about its Web site visitors only when such information is provided voluntarily, such as when our visitors request information, purchase or enroll for services, provide resume information for employment opportunities, or send us e-mail. Of course, some of these activities require that you give us information, such as when you make a purchase, use a credit card or electronic payment service to pay for IROOST DOMAIN HOSTING, Inc. services, submit your resume, or request certain types of information.

We collect the following types of information about you.

Contact Information

• Name
• Company
• Postal Address
• City
• State
• Country
• Zip code or postal code
• Email address
• Telephone number
• Fax number
• Internet domain name

Financial Information

• Credit or debit card information
• Cardholder name
• Card number
• Type of card (e.g., Visa, Mastercard)
• Expiration date
• Security code
• Paypal account information
• Email address of PayPal account

Verification Data

• Internet Protocol (IP) address for fraud-prevention purposes

Other Information

• Social Security Number (SSN), Federal Employer Identification Number (F.E.I.N.), or other Tax I.D. Number (this is collected if you join our affiliate program, so that we can comply with United States federal income tax laws.

When you provide personally identifiable information to IROOST DOMAIN HOSTING, Inc. through one of our Web sites, it will be used to fulfill your specific request. However, IROOST DOMAIN HOSTING, Inc. reserves the right, in its discretion, to send you bulletins and other important information about your IROOST DOMAIN HOSTING, Inc. services.

IROOST DOMAIN HOSTING, Inc. currently sends service communication e-mails through www.iroost.com and www.inteladyne.com, and does not send marketing e-mails or newsletters through www.iroost.com. The service communication e-mails are essential to our registering you for service and to our continuing provision of services to you. Therefore, you may not opt out of receiving these e-mail messages.

IROOST DOMAIN HOSTING will not, however, sell, trade, or otherwise disclose your personally identifiable information unless we are authorized or legally required to do so, or in the case of imminent physical harm to any person. On those IROOST DOMAIN HOSTING, Inc. sites where you may provide IROOST DOMAIN HOSTING, Inc. with credit card, electronic payment service, or other ordering information via the Web, IROOST DOMAIN HOSTING, Inc. protects and secures this information by employing commercially customary Web-based security and encryption protocols, an example of which is the Secure Socket Layer (SSL). On those sites where you voluntarily offer any feedback, data, answers, questions, comments, suggestions, ideas or the like, IROOST DOMAIN HOSTING, Inc. will treat that portion of the information as non-confidential and non-proprietary and, except as otherwise expressed in this privacy statement, IROOST DOMAIN HOSTING, Inc. assumes no obligation to protect such information from disclosure.

3. Non-Personally Identifiable (Generic) Information.
In general, IROOST DOMAIN HOSTING, Inc. gathers some generic information automatically. Generic information does not reveal the identity of the visitor. It usually includes information about the Internet address assigned to your computer, the number and frequency of visitors, and the IROOST DOMAIN HOSTING, Inc. sites visited. IROOST DOMAIN HOSTING, Inc. gathers this information for the limited purpose of determining customer service and Web site needs. We accomplish this by using certain technologies, including "cookies" (a technology that can be used to provide the visitor with tailored information about IROOST DOMAIN HOSTING, Inc. services). IROOST DOMAIN HOSTING, Inc. does not combine information collected in this way with any personally identifiable information. You can set your Web browser to notify you when you receive a cookie and you can refuse it. However, refusing some cookies may make it impossible to use or navigate the IROOST DOMAIN HOSTING, Inc. Web site properly.

4. Your IROOST DOMAIN HOSTING, Inc.-Hosted Web Site, Bulletin Boards, Chat Rooms and Third Party Sites.
Information that you disclose in a public space, including on any bulletin board, chat room, or Web site that IROOST DOMAIN HOSTING, Inc. may host for you as part of your IROOST DOMAIN HOSTING, Inc. services, is available to anyone else who visits that space. IROOST DOMAIN HOSTING, Inc. cannot safeguard any information you disclose in these locations. Additionally, IROOST DOMAIN HOSTING, Inc. Web sites may contain links to sites that belong to third parties unrelated to IROOST DOMAIN HOSTING, Inc.. IROOST DOMAIN HOSTING, Inc. cannot protect any information you may disclose at these sites and recommends that you review the privacy policy statements of those sites you visit.

The Live Chat system that IROOST DOMAIN HOSTING, Inc. uses for customer support is a one-on-one chat. IROOST DOMAIN HOSTING, Inc. owns or licenses the Live Chat software and operates it on IROOST DOMAIN HOSTING, Inc.'s server and network. No third party collects any information that you provide through the Live Chat system. IROOST DOMAIN HOSTING, Inc. may retain and use logs of the Live Chat sessions for any of the following purposes:

• to analyze and resolve system problems;
• to compile and update frequently asked questions (FAQ) and entries in the customer support Knowledge Base;
• to report problems to and obtain technical support from IROOST DOMAIN HOSTING, Inc.'s vendors, suppliers, or service providers;
• to train personnel providing support to customers via Live Chat;
• to evaluate the job performance of personnel providing support to customers via Live Chat;
• to measure the effectiveness of Live Chat in providing support to customers;
• to improve the quality and effectiveness of Live Chat in providing support to customers; or
• to perform any other internal task related to providing services to IROOST DOMAIN HOSTING, Inc. customers, provided that performance of the task does not require disclosure of any of the contents of a chat session without the customer's prior permission.

5. Exceptions and Limitations.
Notwithstanding the foregoing and in compliance with applicable laws, IROOST DOMAIN HOSTING, Inc. (i) cooperates fully with state, local, and federal officials in any investigation relating to any content (including personal or private electronic communications transmitted to IROOST DOMAIN HOSTING, Inc.) or purported unlawful activities of any user of the IROOST DOMAIN HOSTING, Inc. Service, and (ii) takes reasonable measures to protect its proprietary rights. For the limited purposes of accomplishing such cooperation and measures and in compliance with applicable laws, IROOST DOMAIN HOSTING, Inc. may be required to disclose personally identifiable information.

In addition, IROOST DOMAIN HOSTING, Inc. may elect to monitor the areas of communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate IROOST DOMAIN HOSTING, Inc.'s business; or (iii) to protect the rights or property of IROOST DOMAIN HOSTING, Inc. or others.

6. Sale or Transfer of IROOST DOMAIN HOSTING, Inc.'s Stock or Assets. In connection with the potential or actual sale or transfer of any of its interest in www.iroost.com, and other sites owned by IROOST DOMAIN HOSTING, Inc., and any of the assets or stock of the company, IROOST DOMAIN HOSTING, Inc. reserves the right to sell or transfer your information (including, but not limited to, name, address information, and other information you provided to IROOST DOMAIN HOSTING, Inc.) to a third party that (i) concentrates its business in Web hosting or communication products or services; (ii) agrees to be IROOST DOMAIN HOSTING, Inc.'s successor in interest with regard to the maintenance and protection of information collected and maintained by IROOST DOMAIN HOSTING, Inc.; and (iii) agrees to the obligations of this privacy statement. To the extent it is practicable to do so, this paragraph shall also apply in the event of any bankruptcy proceedings involving IROOST DOMAIN HOSTING, Inc..

In the event that IROOST DOMAIN HOSTING, Inc. plans to transfer your information to a third party incident to a potential or actual sale of any of IROOST DOMAIN HOSTING, Inc.'s assets or stock, or incident to any bankruptcy proceedings involving IROOST DOMAIN HOSTING, Inc., IROOST DOMAIN HOSTING, Inc. will:

• Notify you by e-mail, at the e-mail address then on file for your account, at least thirty (30) days prior to the transfer taking place; and
• Give you the opportunity to decide whether you wish for your information to be transferred to the third party. Please note, however, that if you choose not to allow your information to be transferred to the third party, you may have to terminate or cancel your service with IROOST DOMAIN HOSTING, Inc. At the time of providing notice to you of the upcoming transfer of information to a third party, IROOST DOMAIN HOSTING, Inc. will tell you whether you will have to terminate or cancel your service, should you decide not to allow IROOST DOMAIN HOSTING, Inc. to transfer your information to the third party.

7. Applicable Laws.
AS A MATERIAL CONDITION OF USING THIS WEB SITE OR IROOST DOMAIN HOSTING, INC., HOSTING SERVICES, OR BOTH, CUSTOMER AND IROOST DOMAIN HOSTING, INC. AGREE THAT THE USE OF THIS SITE IS BOUND AND GOVERNED BY THE LAWS OF THE STATE OF OREGON AND OF THE UNITED STATES OF AMERICA, REGARDLESS OF WHERE CUSTOMER MAY RESIDE, ACCESS THE INTERNET, OR CONDUCT HIS, HER, OR ITS BUSINESS.

MOREOVER, CUSTOMER ACKNOWLEDGES AND AGREES THAT IROOST DOMAIN HOSTING RECEIVES AND STORES PERSONALLY IDENTIFIABLE INFORMATION ON SERVERS LOCATED WITHIN THE UNITED STATES OF AMERICA. FURTHERMORE, CUSTOMER ACKNOWLEDGES AND AGREES TO SUCH FLOWS OF HIS OR HER PERSONALLY IDENTIFIABLE INFORMATION ACROSS BORDERS FROM HIS OR HER COUNTRY TO THE UNITED STATES OF AMERICA.

SPECIAL NOTICE TO CUSTOMERS LOCATED OUTSIDE THE UNITED STATES OF AMERICA.

IROOST DOMAIN HOSTING, Inc.'s Web site and services are operated by IROOST DOMAIN HOSTING, Inc., a corporation existing in the State of Oregon, United States of America. IROOST DOMAIN HOSTING, Inc.'s site and services can be accessed by visitors and customers from countries around the world. Such countries may have differing laws with respect to Internet communications, the formation of contracts, consumer protection issues, privacy, and the transfer of personally identifiable information.

8. Changes in this Privacy Statement.
If we decide to change our privacy policy, we will post those changes in this privacy statement, on the home page, and in other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

9. Contact Us.
If you have any questions or suggestions regarding our privacy policy, please contact us at: cs@iroost.com, or at our postal address:

IROOST DOMAIN HOSTING
Attention: Privacy Officer
1976 Davis Rd S
Salem, Oregon 97306

10. Access to Personally Identifiable Information.
If your personally identifiable information changes, or if you no longer desire our service, you may update it by making the change on our member information page or by e-mailing our Customer Support at cs@iroost.com.

11. Sharing of Information.

Agents
We use an outside credit card processing company to bill you for services. This company does not retain, share, store or use personally identifiable information for any purposes other than to bill you for our services.

Service Providers
We use other third parties to provide various additional services for you on our Web site. When you sign up for the additional services, we will share certain elements of the information you provide to us as necessary for the third party to provide that service.