For each server under an Order for the Dedicated hosting plans, (each, a "Dedicated Server"), OCCHosting will provide service at the following levels:

Service Type Commitment Level Definition
Availability 99.90% See "Availability Credit and Calculation" below.
Fault Notification Immediate If a Dedicated Server returns three consecutive negative responses to network checks sent every five minutes, OCCHosting will (a) open a Support Ticket and (b) notify the Dedicated Hosting Operations Center ("DHOC").

Availability Credit and Calculation
For each calendar month, for any Dedicated Server, OCCHosting will issue a credit to Customer equal to the applicable percentage of the monthly recurring charge for the applicable Dedicated Server indicated in the Order. If Availability is Less Than: But Greater Than or Equal to: The Percentage Credit is:

Beginning with the first full calendar month following the Effective Date,OCCHosting will track Availability using an automated tool (the "Tool")as follows:
1. The Tool will send a network check to each network port connected to each Dedicated Server every five minutes and will record each response either as positive or negative. The Availability calculation for each month for each Dedicated Server will be equal to (a) 100%, multiplied by (b) one, minus (A) the number of negative intervals recorded during the month (excluding negative intervals attributable to Excluded Causes), divided by (B) the aggregate number of intervals occurring during the month. A "network check" means a response to a ping request (verification that power and network connectivity are available). An "interval" is the period of time between two consecutive network checks. A "negative interval" is the period of time between two consecutive negative network checks. OCCHosting may replace the Tool at any time with a commercially reasonable alternative system.
2. "Excluded Causes" means (a) interruption in Dedicated Server operation resulting from Customer actions; (b) interruption in Dedicated Server operation during any maintenance of which OCCHosting has provided Customer with notice at least one business day in advance and that OCCHosting conducts between 1:00 am and 6:00 am (Eastern time); (c) interruption caused by Customer Content or Customer-provided equipment or software; and (d) interruption resulting from any force major event as defined in the Terms of Service.

Limitations
This SLA describes how OCCHosting intends to provide customer support, but OCCHosting's failure to comply will not constitute a breach of the Agreement except as described in the "Availability Credit and Calculation" box above. OCCHosting cannot guarantee uninterrupted service or trouble-free availability of its web hosting services.
Customer will reimburse OCCHosting at OCCHosting's applicable hourly rate for engineering services in connection with investigation and resolution of service interruptions resulting from any Excluded Causes. OCCHosting may modify this SLA at any time to (a) improve its clarity, (b) update its description of any process or procedure, or (c) otherwise, so long as the modification does not materially detract from the Customer's reasonable expectations at the time the Order was entered.