This Service Level Agreement is a part of the contract between Customer and blindSERVER.

1. SERVICE COMMITMENT
blindSERVER is committed to providing a reliable, high-quality network to support its high-speed Internet access, security, and data services. As part of this commitment, blindSERVER is pleased to offer eligible Customers the following guarantees:
  • Installation Guarantee
  • Network Availability Guarantee
  • Network Latency Guarantee
  • Packet Delivery Guarantee
  • Response time guarantee
    If blindSERVER fails to meet any of these guarantees, it will provide eligible Customers with a Service Credit, as set forth below in this Service Level Agreement.

    2. GUARANTEES
    A. Network Availability Guarantee
    blindSERVER guarantees 99.9% Network Availability, as calculated from the ingress to and egress from the blindSERVER Network. For customers with High-Availability solutions, the guarantee is 100%. A Customer who experiences Network Unavailability may receive Service Credits, calculated monthly as an aggregate of all Service Unavailability events, in accordance with the following:
    - Service unavailable <15 minutes: No Service Credit
    - Service unavailable 15 minutes < 3 hours: half day average bandwidth usage
    - Service unavailable 8 hours < 12 hours: one day average bandwidth usage
    - Service unavailable 12 hours < 16 hours: two days average bandwidth usage
    - Service unavailable 16 hours < 24 hours: four days average bandwidth usage
    - Service unavailable for 24 or more hours: seven days average bandwidth usage
    Note: A credit will be given only for those outages that were reported to blindSERVER at the time of the outage. An outage is measured from the time it is reported to the time it is resolved.

    C. Network Latency Guarantee
    The blindSERVER Network carries packets with an average Network Latency over a one month period of less than 150 milliseconds. blindSERVER monitors aggregate latency within the blindSERVER Network by monitoring round-trip times between a sample of backbone Hubs on an ongoing basis. 'Network Latency' (or 'Round trip time') is defined as the average time taken for an IP packet to make a round trip between backbone Hubs on the blindSERVER Network. After being notified by Customer of Network Latency in excess of 150 milliseconds, blindSERVER will use commercially reasonable efforts to determine the source of such excess Network Latency and to correct such problem to the extent that the source of the problem is on the blindSERVER Network. If blindSERVER fails to remedy such Network Latency within 24 hours (working days) of being notified of any excess Network Latency and average Network Latency for the preceding 30 days has exceeded 150 milliseconds, blindSERVER will issue a Service Credit to Customer's account for the period from the time of notification by the Customer until the average Network Latency for the preceding 30 days is less than 150 milliseconds.

    D. Packet Delivery Guarantee
    The blindSERVER Network has an average monthly Packet Loss of 0.1% (or successful delivery of 99.5% of packets). blindSERVER monitors aggregate packet loss within the blindSERVER Network on an ongoing basis and compiles the collected data into a monthly average packet loss measurement for the blindSERVER Network. 'Packet Loss' is defined as the percentage of packets that are dropped within the blindSERVER Network. After being notified by Customer of Packet Loss in excess of 0.5%, blindSERVER will use commercially reasonable efforts to determine the source of such excess Packet Loss and to correct such problem to the extent that the source of the problem is on the blindSERVER Network. If blindSERVER fails to remedy such excess Packet Loss within 24 hours (working days) of being notified of any Excess Packet Loss on the blindSERVER Network and average Packet Loss for the preceding 30 days exceeds 0.5%, blindSERVER will issue a Service Credit to Customer's account for the period from the time of notification by the Customer until the average Packet Loss for the preceding 30 days is less than 0.5%.

    E. Network management response time guarantee
    For customers with network management services, blindSERVER guarantees that we will have a technician on-site within 4 hours of the time a trouble report or request was submitted. If the request is not urgent, we will schedule a time to come to the customer's location to remedy the problem. For every hour over 1 hour that a blindSERVER technician is late, the customer will be granted a 2 hour service credit until we arrive on site.

    3. DEFINITIONS
    'Force Majeure' means acts beyond the reasonable control of blindSERVER, including, but not limited to, acts of God, fire, explosion, vandalism, natural disasters, storm, flood or other similar occurrence, any law, order, regulation, direction, action or request of state or local governments, or of any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more said governments, or of any civil or military authority, national emergencies, insurrections, riots, wars, strikes, lock-outs or work stoppages, or other labor difficulties, difficulty obtaining access to facilities, supplier failures, shortages, breaches or delays. 'blindSERVER Network' means the telecommunications/data communications network and network components owned, operated or controlled by blindSERVER and the blindSERVER-owned equipment connected to network. Where blindSERVER provides service to a building through its own facilities, the blindSERVER Network includes those facilities. The blindSERVER Network does not include customer premises equipment or any networks or network equipment not operated and controlled by blindSERVER.
    'Network Unavailability' consists of the number of minutes that the blindSERVER Network was not available to Customer and includes the number of minutes that the blindSERVER Network was unavailable associated with any non-Scheduled Maintenance to the blindSERVER Network. Network Unavailability will not include Scheduled Maintenance, or any unavailability resulting from:
    (a) problems with or maintenance on Customer's applications, equipment or facilities;
    (b) acts or omissions of Customer or an authorized user;
    (c) unavailability caused by companies other than blindSERVER;
    (d) unavailability caused by hardware problems not caused by blindSERVER;
    (e) Force Majeure.
    'Scheduled Maintenance' shall mean any maintenance of the blindSERVER Network (or portion thereof) to which Customer's router is connected that is performed during a standard maintenance. Customers will be notified via Email one (1) business days in advance of any scheduled maintenance that is likely to effect service. In most cases, maintenance performed will not take the full configuration window, however, blindSERVER will inform Customer as to anticipated duration in the maintenance notification E-mail.

    4. SERVICE CREDIT CLAIM PROCESS
    In order to initiate a claim for Service Credit, Customer must contact blindSERVER's customer service group within five (5) business days after the end of the month for which credit is requested. The Service Credit request must provide:
    (a) the Customer name and contact information;
    (b) the date and beginning/end time of the claimed outage or failed metric;
    (c) a brief description of the characteristics of the claimed outage or failed metric.
    Customer will be notified via e-mail upon resolution of the request. If rejected, the notification will specify the basis for rejection. If approved, blindSERVER will issue Service Credit to Customer's account within two (5) days. The Guarantees and Service Credits provided for in this Service Level Agreement assume compliance by Customer with the terms and conditions of its agreement with blindSERVER, and the failure of Customer to comply with those terms and conditions may invalidate blindSERVER' guarantees provided herein. No credit is available for a Customer
    (a) that is blocking blindSERVER from monitoring customer's premises router;
    (b) that does not provide the necessary access to personnel and facilities at the customer's premises to enable blindSERVER to perform comprehensive troubleshooting;
    (c) whose account is not in good financial standing with blindSERVER. blindSERVER is not liable for failure to fulfill its obligations hereunder if such failure is due to Customer's use of bandwidth in excess of the amount specified in Customer's Internet access service agreement with blindSERVER, Customer's tampering with any equipment, or acts beyond blindSERVER' reasonable control, such as Force Majeure.

    This Service Level Agreement is valid from creating account and pay for the services until cancelling the account and cancelling all payments.
    Approved by:
    Name: Brad Mala
    blindSERVER hosting
    webmaster@blindserver.com
    www.blindserver.com

    Verified: Jun 2004

    • *** By creating account customer agrees with the terms mentioned above in full range. ***