Dedicated and Colocation Service Level Agreement
This example SLA is available to all Dedicated and Colocation Clients as part of their contractual quote if requested. If you would like an executed SLA for your service, please contact us directly.
200% Guarantee Uptime Service Level Agreement (SLA):
Posted/Revised September 24, 2010
Article I. The 99.9% Uptime Service Level Agreement (this "SLA") is a binding agreement between Infinity Hosting Solutions llc and Customer and supplements the Terms of Service executed between the parties, posted at http://www.infinitywebhosts.com/tosaup (the "Agreement").
Section 1.01 Service Elements Covered by SLA:
(a) Network Performance
(b) Hardware Replacement
(c) Support Response Time
(d) Domain Name Services
(e) Power Availability & Performance
(f) Cooling & Environment
(g) Server Power Cycling
(h) Physical Security
(i) 24 x 365 Engineering
Article II. REMEDIES
Section 2.01 200% Guaranteed
(a) If the Service does not achieve the performance levels described in Articles III through XI below ("Failure"), Infinity Hosting Solutions llc will provide Customer with a Service Credit (as defined below), pursuant to the provisions, requirements, and limitations of this SLA, including Articles XII through XIV.
(b) A "200% Service Credit" is a credit equivalent to two times Customer's Service Fees for the duration of the Failure, applied against fees for the Service Element (as defined below) subject to the Failure. (For example, where applicable pursuant to this SLA: a Failure lasting seven (7) hours would result in credit of fourteen (14) hours of free service; a Failure lasting fifteen (15) minutes would result in a 30-minute credit.) No credit will exceed one hundred percent (100%) of Customer's Fees for such Service Element for the then-current billing month. A "Service Element" is any element or feature of the Service assigned its own price on any Infinity Hosting Solutions llc price list or invoice or on any quote given to Customer. All credits referenced in this SLA are 200% Service Credits.
Section 2.02 Termination
(a) Customer may terminate the Agreement, without advanced notice, in the event that Infinity Hosting Solutions llc awards it 60 or more days of total credits during any single contract year, provided 3 or more separate instances of Failure occurred during such year. For purposes of this clause, a contract year is the 12-month period beginning on first day Infinity Hosting Solutions llc provides Service. This SLA does not authorize termination of any Service Element for which Infinity Hosting Solutions llc purchased telecommunications circuits or other resources for Customer's sole use.
Section 2.03 Exclusive Remedies & Warranty Disclaimer
(a) The remedies set forth in this SLA are Customer's sole and exclusive remedies for Failure, including without limitation for any breach of warranty, except as specifically set forth in the Agreement.
Article III. NETWORK PERFORMANCE
Infinity Hosting Solutions llc will deliver 99.9% Uptime, as defined in Part III.02 below. In addition, Infinity Hosting Solutions llc will deliver network performance meeting or exceeding the specifications listed in this Article III.
Section 3.01 Network Performance Terms
(a) "Jitter" means variation in Latency.
(b) "Latency" refers to the amount of time it takes for a packet of data to travel from one point to another.
(c) "Maximum Jitter" means the highest permissible level of jitter within a given period when there is no Network Outage.
(d) "Network Outage" means an unscheduled period during which IP services are not useable due to capacity-constraints on the Infinity Hosting Solutions llc network or a hardware failure in the Infinity Hosting Solutions llc network.
(e) "Packet Loss" means Latency in excess of 10 seconds.
(f) All Jitter, Latency, and Packet Loss metrics below are monthly averages, unless otherwise noted in this Article III.
Section 3.02 Internal Network Performance
(a) Network Outage None
(b) Packet loss < 0.1%
(c) Latency < 5 ms
(d) Jitter < 1 ms
(e) Maximum Jitter: 10 milliseconds within any 15-minute period.
Section 3.03 External Network Performance
At least two (2) of the specified networks on each coast will meet the performance specifications listed below at any given time, as measured by Infinity Hosting Solutions llc. Infinity Hosting Solutions llc may change the specific measured hardware devices without notice.
(a) North American Network Performance
Packet loss to
(i) West Coast of North America < 0.3%
(ii) East Coast of North America < 0.2%
Latency to
(i) West Coast of North America < 90 ms
(ii) East Coast of North America < 45 ms
Section 3.04 Limitations
(a) This SLA does not cover (without limitation):
(i) Network performance to Customer's physical location or internet access point (such as a local DSL/cable modem); or
(ii) Failures due to denial of service attacks.
Article IV. HARDWARE REPLACEMENT
Section 4.01 60-minute replacement of the following Infinity Hosting Solutions llc-provided hardware:
(a) Hard drive
(b) Memory
(c) Power supply
(d) Network Interface Card
(e) Motherboard or CPU (results in complete server replacement)
(f) Hardware firewall
Section 4.02 Infinity Hosting Solutions llc will repair or remove and install reasonably comparable replacements if it determines, in its sole discretion, that the hardware is defective. The period listed above begins upon such determination. The period listed above refers only to the time required to physically repair or replace the failed hardware element and does not apply to any time spent:
(a) Addressing data, operating systems, or other software or systems corrupted or destroyed by hardware failures; or
(b) Communicating with Customer regarding permissions or instructions.
Article V. SUPPORT RESPONSE TIME
Section 5.01 EMERGENCY tickets - 30 minutes
The following are the EMERGENCY categories:
(a) Server down
(b) Packet Loss
(c) Routing issue
Section 5.02 All other tickets - 120 minutes
Section 5.03 A tracking number will automatically be provided to Customer promptly after ticket creation, and a human support engineer will review the support request within the timeframe listed above. Infinity Hosting Solutions llc may reclassify any ticket misclassified as falling into one of the EMERGENCY categories listed above and such tickets will not qualify for EMERGENCY treatment.
Section 5.04 Resolution and repair times vary, and this SLA does not address them.
Article VI. DOMAIN NAME SERVICES
Section 6.01 Primary DNS availability: 99.9%
Section 6.02 "DNS" means domain name server. A period of DNS failure is any time during which 99.9% of Infinity Hosting Solutions llc's Domain Name Servers simultaneously fail to respond to requests for name resolution. This SLA does not guarantee propagation of DNS data across the Internet or the hosting of secondary DNS service for Customer's primary domain in another location, and it does not guarantee against zone inaccuracies due to operator error. No failure listed in the preceding sentence will be considered a Failure.
Article VII. POWER AVAILABILITY & PERFORMANCE
Section 7.01 Infinity Hosting Solutions llc will provide power availability sufficient to run Customer hardware 100% of the time.
Section 7.02 A period of power-related Failure is measured from the time that the support ticket is opened to the time that the electrical supply is restored, and does not include any time required to remedy any issues resulting from the electrical failure.
Article VIII. COOLING & ENVIRONMENT
Section 8.01 Data Center Temperature: 67 - 74 degrees Fahrenheit
Section 8.02 Relative Humidity: 35% - 60%
Section 8.03 Infinity Hosting Solutions llc will monitor, but is not required to report to Customer on, environmental conditions in the Facility. Cooling and environment credits apply to fees for Collocation only. Collocation will be considered a Service Element, and if Infinity Hosting Solutions llc has not assigned it a specific price, Infinity Hosting Solutions llc may determine, at its sole discretion, the portion of fees attributable to Collocation.
Article IX. SERVER POWER CYCLING
Section 9.01 Manual Server power cycling: < 30 minutes
(a) Collocation Services and Dedicated Server Services include a web-based system for cycling each individual power circuit as an upgrade. Should the customer require a hard reboot provided by NOC engineers, the Customer Portal allows Customer to request a power cycle (a "Reboot Request"). This SLA applies only to requests for power cycling initiated through such Customer Portal ticket system. The figure listed above is the maximum period between the time of the Reboot Request and either the actual server power cycling or notice to Customer that the power cycling failed. Any failure of Infinity Hosting Solutions llc's system to respond within that timeframe constitutes Failure only if Customer files a trouble ticket requesting a manual server power cycle. Manual reboot requests after normal business hours (8am until 6pm Eastern Standard Time) will incur a charge based on standard published rates.
Article X. PHYSICAL SECURITY
Section 10.01 Access Control and Monitoring
Section 10.02 We will monitor and control access to the facility 24/7. Access is controlled by a proximity card reader 3 point system and access is logged. Access is monitored by video camera and is recorded and logged. Customer access for collocation services is scheduled and escorted unless collocation services include an entire full rack or cage services. Scheduling is required at least 1 hour in advance.
Article XI. On Duty Engineering
Section 11.01 24/7 x 365 Engineering, w/ Telephone, Chat, and Ticketing
Section 11.02 Infinity Hosting Solutions llc will maintain support engineers actively on duty 24 hours per day, every day of the year. These engineers monitor Infinity Hosting Solutions llc's network operations center ("NOC") and assist customers via telephone, online chat, and online support tickets. Any period during which Infinity Hosting Solutions llc does not have one or more support engineer on duty constitutes a period of Failure.
Article XII. CREDIT REQUIREMENTS
Section 12.01 The following are required for credits:
(a) Customer must open a valid and complete trouble ticket through the Customer Portal during any Failure, providing complete information regarding the nature of the problem, including any information reasonably necessary for diagnosis and correction. Customer will provide this notification even if Infinity Hosting Solutions llc provides monitoring services.
(b) Customer must provide Infinity Hosting Solutions llc with accurate and complete designated points of contact, using the Customer Portal. Customer must provide Infinity Hosting Solutions llc with accurate passwords for maintenance and repair use by Infinity Hosting Solutions llc engineers. Delays or failures caused by Customer's failure to abide by the requirements of this Article XI.B do not constitute Failures.
(c) Customer must request any credits by accurately completing the automated SLA Credit Request process online at the Customer Portal within 48 hours of the start of the Failure.
Article XIII. CREDIT LIMITATIONS
Section 13.01 The minimum period of Failure eligible for a credit is 60 seconds, and shorter periods will not be aggregated. The maximum credit for any single Failure is one month's Service fees. In the event that multiple periods of Failure overlap in time, credits will not be aggregated, and Customer will receive credit only for the longest such period of Failure.
Section 13.02 The maximum credit during a single calendar year, for all Service Elements combined, is two months' Service fees, regardless of the length of Failure or the number of occurrences. The period of Failure for Network Performance, Domain Name Services, Power Availability & Performance, Cooling & Environment, and Physical Security (Articles III, VI-VIII, and X above) begins upon filing of a trouble ticket and ends when the Failure is remedied.
Section 13.03 Credits available pursuant to this SLA apply only to future service delivery. Infinity Hosting Solutions llc is not required to provide refunds pursuant to this SLA. If Customer's Signup provides for a Prepayment Period, credit will apply to the renewal of such Prepayment Period, but Customer may instead elect to apply credit to any additional Infinity Hosting Solutions llc products or services. If Customer retains a credit balance on termination of the account in question, such credit is forfeited. Credits will not be applied against fees for Professional Services, bundled support, or setup fees.
Section 13.04 Notwithstanding any provision to the contrary in this SLA, the following do not constitute Failures: (1) downtime during scheduled maintenance or Emergency Maintenance (as defined below) periods; (2) outages caused by acts or omissions of Customer, including its applications, equipment, or facilities, or by any use or user of the Service authorized by Customer; (3) outages caused by hackers, sabotage, viruses, worms, or other third party wrongful actions; (4) DNS issues outside of Infinity Hosting Solutions llc's control; (5) outages resulting from Internet anomalies outside of Infinity Hosting Solutions llc's control; and (6) outages resulting from fires, explosions, or force majeure. "Emergency Maintenance" refers to any corrective action intended to remedy conditions likely to cause severe Service degradation, as designated by Infinity Hosting Solutions llc in its sole discretion. Emergency Maintenance may include but is not limited to actions intended to address hardware or software failures or viruses/worms. As provided in Section 6 of the Agreement, Infinity Hosting Solutions llc will exercise reasonable efforts to inform Customer in advance before interrupting the Service for Emergency Maintenance, but such notice is not guaranteed and failure thereof does not constitute Failure.
Article XIV. Terms of Service / The Agreement
Section 14.01 Terms defined in the Agreement will have the same meaning when used in this SLA. In the event of any conflict between this SLA and the Agreement, the Agreement will govern.



