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Uptime Guarantee:
QuietWisdom strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is is calculated solely by QuietWisdom monitoring systems or QuietWisdom authorized/contracted outside monitoring services. If QuietWisdom fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. QuietWisdom does not credit a full month's service for minor downtime. This would not be financially healthy for QuietWisdom, and in turn would only negatively affect the service level QuietWisdom provides to you. "Partial refunds for partial downtime" is our standard policy. Details on how credit amounts are calculated can be found below.

Exceptions:
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the QuietWisdom 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 (i.e. ...Verizon™ cutting a fiber line somewhere)
• Backbone peering point issues (i.e. ... having a router go down in Virginia that wipes out internet service for the entire East Coast)
• Scheduled maintenance for hardware/software upgrades
• Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). QuietWisdom utilizes only name brand hardware of the highest quality and performance.
• Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime)
• DNS issues not within the direct control of QuietWisdom
• Network floods, hacks, attacks from outside parties or individuals
• Failure or error of any QuietWisdom monitoring or measurement system
• Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of QuietWisdom service(s) in breach of QuietWisdom Policy and Service Guidelines (AUP), by Client or others authorized by Client.

Connectivity:
QuietWisdom's goal is to make the QuietWisdom network available to Client free of outages for 99.5% of the time. An "outage" is defined as an instance in which Client is unable to transmit and receive IP packets due to a QuietWisdom service failure for more than 15 consecutive minutes, excluding service failures relating to QuietWisdom's scheduled maintenance and upgrades. The QuietWisdom network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. QuietWisdom's goal is to keep Average Round-Trip Latency on the QuietWisdom network to 85 milliseconds or less. QuietWisdom defines "Average Round-Trip Latency", with respect to a given month, as the average time required for round-trip packet transfers between the QuietWisdom network and major US backbone peering points during such month, as measured by QuietWisdom. QuietWisdom's goal is to keep Average Packet Loss on the QuietWisdom network to 1% or less. QuietWisdom defines 'Average Packet Loss', with respect to a given month, as the average percentage of IP packets transmitted on the QuietWisdom network during such month that are not successfully delivered, as measured by QuietWisdom.

Measurement:
QuietWisdom will periodically (on average every 10 minutes) monitor QuietWisdom 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 QuietWisdom network but not other networks to which Client may connect. QuietWisdom reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by QuietWisdom and made available to Client.

Hardware Failure:
QuietWisdom stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. QuietWisdom utilizes only name brand hardware of the highest quality and performance. QuietWisdom 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 SLA guarantee, and may require on-site Cisco™ engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current QuietWisdom contracts with Cisco™ and backbone providers in regard to the emergency repair service in case of such an issue. QuietWisdom 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.

Credits:
Credit requests must be made on the QuietWisdom web site, by filling out the "Service Level Agreement (SLA) Request" form. Each request in connection with network/server outages/downtime must be received by QuietWisdom 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 QuietWisdom within five days after the end of such month. The total amount credited to a Client for QuietWisdom not meeting SLA service levels will not exceed the service fees paid by Client QuietWisdom for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after QuietWisdom's receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by QuietWisdom. Upon Client's request (in accordance with the procedure set forth below), QuietWisdom will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to QuietWisdom and confirmed by QuietWisdom's measurement reporting. Such credit will be equal to one days worth (1/30th) 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 rounded to nearest next hour) of the cumulative duration of such outage/downtime. If Average Round-Trip Latency on the QuietWisdom network for a calendar month exceeds 85 milliseconds, then upon Client's request, QuietWisdom will issue a credit to Client equal to one day's worth (1/30th) 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, QuietWisdom will issue a credit to Client equal to one day's worth (1/30th) of the monthly service fees paid by Client for such month.

Account cancellations
Your account can be cancelled ONLY by submitting