If the Website uptime of customer's Website is less than 99.9%, Totalwebhq will issue a credit to the customer's hosting account in accordance with the following table, with the credit being calculated on the basis of the monthly service.

Exceptions

Customer shall not receive any credits under this Uptime Guarantee in connection with any failure or deficiency of hosting services availability caused by or associated with:

• Circumstances beyond Totalwebhq's control including, war, strike or other labor disturbance, unavailability/interruption/delay in telecommunications, virus attacks and/or hackers, third party software failure (free scripts, ecommerce software including Miva Merchant, Merchant Gateways), fire, flood, tornado, earthquakes, acts by any governing body, embargo, boycott, or inability to obtain supplies, raw materials, or power used in or equipment needed for provision of this Uptime Guarantee
• Failure of access circuits to the Service Provider Network, unless the failure is caused solely by Totalwebhq
• Emergency server or network maintenance, scheduled maintenance, and system upgrades
• Domain name system (DNS) problems outside of the control of Totalwebhq
• Issues with FTP, POP, IMAP, or SMTP customer access
• Customer's acts or omissions (or acts or omissions of others acting on behalf of or authorized by customer), including, without limitation, custom scripting or coding (ie., PHP, Python, CGI, Perl, HTML, ASP, Cold Fusion, etc...), any negligence, willful misconduct, or use of the Services in breach of ANY ITEM outlined in Totalwebhq Policy;
• Problems elsewhere on the internet that prohibit you from viewing your account. Totalwebhq is not responsible for browser, DNS, or other caching that might make it appear your site is unavailable even though others can still access your information. This guarantee covers areas Totalwebhq controls such as our servers, routers, and switches. Please refer to The Internet Traffic Report, which monitors the flow of data around the world, for more information on any problems elsewhere on the Internet which may exist: http://www.internettrafficreport.com/details.htm

Credit Request and Payment Procedures

In order to receive a credit, customer must make a request by sending an email message to billing@totalwebhq.com. Each request in connection with this Uptime Guarantee must include customer's domain name or server port and the dates and times of the unavailability of the website or teamspeak. The request must be received by Totalwebhq within ten (10) days after the website or teamspeak was not available. If the unavailability is confirmed by Totalwebhq, credits will be applied within 30 days after Totalwebhq's receipt of the credit request. Credit is posted to the customer's hosting account only - no refunds via check, credit card, or PayPal are available.

Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this Uptime Guarantee shall not exceed the total hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Totalwebhq and are customer's sole and exclusive remedy with respect to any failure or deficiency in the availability of customer's website or teamspeak.