Service Level Agreement

Network Uptime Guarantee

PacketStream guarantees that the network will be available 99.9% of the time in a given month, excluding scheduled maintenance. If Network Availability does not meet our 99.9% uptime guarantee, credits will be made available to each client on a case by case basis, not to exceed 50% of their base monthly fee. This downtime must be confirmed by our own monitoring services.

Power Availability Guarantee

PacketStream guarantees 100% uninterrupted electricity in a given month, excluding scheduled maintenance. If 100% uninterrupted electricity is not met, credits will be made available to each client on a case by case basis, not to exceed 50% of their base monthly fee. Power availability includes power from UPS's to each individual rack but does not include power supplies on individual servers.

Compute Availability Guarantee

PacketStream guarantees that the Compute will be available 99.9% of the time in a given month, excluding scheduled maintenance. If Compute Availability does not meet our 99.9% uptime guarantee, credits will be made available to each client on a case by case basis, not to exceed 50% of their base monthly fee. This downtime must be confirmed by our own monitoring services.

Unavailable and Unavailability Exclusions

* Scheduled, recurring or zero impact maintenance windows.
* Unavailability due to Your misuse of a particular class of PacketStream Service.
* Unavailability that results from Your facilities, equipment, software or other technology and/or third party facilities, equipment, services, software or other technology.
* Unavailability arising from Your use of an outdated release of the PacketStream Services or third party software, or any failure to install a material Update to either of the foregoing.
* Unavailability caused by third party service or facility providers, including any telecom, internet, or other related service or facility provider, or packet loss, network or Internet problems beyond PacketStream’s border router supporting PacketStream’s public internet connectivity.
* Denial of service attacks, virus or hacking attacks, or bugs in code, hardware, or services for which there is no commercially reasonable, known solution (even if there is a known workaround).
* Force majeure events or any other event that are not within PacketStream’s direct control or that could not have been avoided with commercially reasonable care.

Credits

In order to receive credit the client must submit a trouble ticket with in 7 days of the outage. The date and approximate time must be included in the trouble ticket. If PacketStream confirms the outage a credit will be applied with in 7 business days.