Wombat Island Proposed Service Level Agreement

This is only a PROPOSED SLA.  No Agreement is actually applied by this document.

RandomMinds Inc. is the sole owner of Wombat Island.

Wombat Island SLA. During the Term of the applicable Wombat Island Agreement, the Wombat Island Covered Services web interface will be operational and available to Customer at least 99% of the time in any calendar month (the "Wombat Island SLA"). If RandomMinds does not meet the Wombat Island SLA, and if Customer meets its obligations under this Wombat Island SLA, Customer will be eligible to receive the Service Credits described below. This Wombat Island SLA states Customer's sole and exclusive remedy for any failure by RandomMinds to provide the Service.

Definitions. The following definitions shall apply to the Wombat Island SLA.

• "Downtime" means, for a domain, if there is more than a five percent user error rate. Downtime is measured based on server side error rate.
• "Downtime Period" means, for a domain, a period of ten consecutive minutes of Downtime. Intermittent Downtime for a period of less than ten minutes will not be counted towards any Downtime Periods.
• "Wombat Island Covered Services" means the Web Hosting, Email Alising, Resource Scheduling, Forums & Comments, Photo Albums, and other Wombat Island web components of the Service. This does not include any BETA functionality or Test and Demo components of the Service.
• "Monthly Uptime Percentage" means total number of minutes in a calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in a calendar month, divided by the total number of minutes in a calendar month.
• "Scheduled Downtime" means those times where RandomMinds notifies Customer of periods of Downtime at least 24 hours prior to the commencement of such Downtime.  There will be no more than twelve hours of Scheduled Downtime per calendar year. Scheduled Downtime is not considered Downtime for purposes of this Wombat Island SLA, and will not be counted towards any Downtime Periods.
• "Service" means the service provided by RandomMinds to Customer under the applicable Wombat Island Agreement.
• "Service Credit" means the following:

• Monthly Uptime Percentage	Days of Service added to the end of the Service term, at no charge to Customer
  < 99.0% - ≥ 95.0%	3
  < 95.0% - ≥ 93.0%	7
  < 93.0%	15

Customer Must Request Service Credit. In order to receive any of the Service Credits described above, Customer must notify RandomMinds within thirty days from the time Customer becomes eligible to receive a Service Credit. Failure to comply with this requirement will forfeit Customer’s right to receive a Service Credit.

Maximum Service Credit. The aggregate maximum number of Service Credits to be issued by RandomMinds to Customer for any and all Downtime Periods that occur in a single calendar month shall not exceed fifteen days of Service added to the end of Customer’s term for the Service.  Service Credits may not be exchanged for, or converted to, monetary amounts.

Wombat Island SLA Exclusions. The Wombat Island SLA does not apply to any services that expressly exclude this Wombat Island SLA (as stated in the documentation for such services) or any performance issues: (i) caused by factors outside of RandomMinds’ reasonable control; or (ii) that resulted from Customer’s equipment or third party equipment, or both (not within the primary control of RandomMinds).

Customers will be notified of any changes to this SLA. All changes to this SLA will be available at www.WombatIsland.com.

By the virture of accepting service from Wombat Island and RandomMinds Inc., the Customer agrees to all points within this SLA.