1. Fugu's Service Level Agreement sets out the performance you can expect from us. To the maximum extent applicable under national law and without affecting your rights as a Consumer, this SLA is your sole and exclusive remedy for downtime, or any network, software, hardware or equipment failure.

2. We guarantee network uptime 99.9% on an annual base. If we fall below the guaranteed network uptime, we will compensate you as follows:

● 99.9% - 99.00% uptime: 1 month free hosting

● An additional month of free hosting for every 1% of uptime lost below 99.00%.

3. You may check the status of your hosting server uptime from your User Area. You may contact our customer service team if you believe an SLA event has occurred. Compensation is limited to the length of your current Term, but cannot exceed twelve months.

4. The following events do not count towards our calculation of uptime:

● Scheduled maintenance;

● Emergency maintenance, hardware and software failure remedied under 1 hour;

● Downtime caused by DNS and/or IP address changes for which you have been notified, but you failed to set your configuration;

● Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events;

● Downtime caused by you, your own configuration, or third-party applications you use;

● Downtime caused when you reach the maximum resources allocation for your plan;

● Downtime caused by your violation of these TOS or any other policy announced on our website;

● Downtime during upgrade/downgrade of your Cloud or Dedicated Server resources;

● Downtime during processing of your technical support request(s); or

● Force majeure or any event beyond our control.

5. Our calculation of network availability is based on our internal records. We will not accept third-party reports as evidence that you are entitled to a compensation under this SLA.