Service Level Agreement (SLA)

Posted/Revised January 28, 2012

This 1,000% Guaranteed, 100% Uptime Service Level Agreement (this "SLA") supplements the Terms of Service, and together such documents, and others referenced in the Terms of Service, form a binding agreement (the "Agreement") between Izoox and Customer. Terms defined in the Terms of Service will have the same meaning when used in this SLA.

This SLA covers the following elements of the Service:

  • Server Uptime
  • Persistent Storage
  • Network Performance: Internal and External
  • Load Balancing
  • Cloud Storage
  • Server Reboot
  • Support Response Time
  • Domain Name Services
  • Physical Security
  • 24 x 365 Engineering Support

This SLA does not apply to any feature of the Service not specifically identified in the SLA, or to any feature Izoox identifies as "beta." If Izoox chooses to provide SLA credits for beta features, such choice will not impose any obligation on Izoox, and Izoox may reverse such choice at any time.

I. REMEDIES FOR SERVICE FAILURE

This SLA lists certain Izoox standards for provision of the Service, and it offers Customer a 1,000% Service Credit (as defined below) for any failure to meet those standards. This SLA also lists several additional Service standards—standards of quality Izoox strives to meet, even though they're not guaranteed or subject to credits, and even though Customer might not notice any failure to meet some of them. These additional standards are listed alongside the credit standards below, for informational purposes only, to provide a sense of Izoox's commitment to excellence. (Each listing of a standard below states whether it's a credit standard or an additional one.)

A. 1,000% Guaranteed

  • (1) If the Service does not achieve the performance levels described in Parts II, IV, V, VI and IX below ("Failure"), Izoox will provide Customer with a 1,000% Service Credit (as defined in Section A (2) below), pursuant to the provisions, requirements, and limitations of this SLA, including Parts X through XII.

  • (2) A "1,000% Service Credit" is a credit equivalent to ten (10) times Customer's fees for the impacted Service feature for the duration of the Failure. (For example, where applicable: a Failure lasting seven (7) hours would result in credit of seventy (70) hours of free service for the feature in question; a Failure lasting fifteen (15) minutes would result in a 150-minute, or 2.5-hour, credit.) No credit will exceed one hundred percent (100%) of Customer's fees for the Service feature in question in the Customer’s then-current billing month. 1 month is equal to 744 hours. (For example, a one hour failure of a server costing $320 / month would generate an SLA credit of (1 Hour [failure] / 744 Hours [per month]) * $320 [price per month] * 10 [1,000% credit] = $4.30.)

  • (3) Each Service standard described below lists the fees that are subject to the 1,000% Service Credit.

B. Limitations & Warranty Disclaimer

The remedies set forth in this SLA are Customer's sole and exclusive remedies for any Failure or other failure of the Service, including without limitation for any breach of warranty, except as specifically set forth in the Agreement.

PERFORMANCE PURSUANT TO PARTS III, VII, IX, X AND XI BELOW IS NOT GUARANTEED, AND NEITHER THIS SLA NOR ANY OTHER PORTION OF THE AGREEMENT PROVIDES CREDITS OR OTHER REMEDIES FOR FAILURES TO MEET THE STANDARDS LISTED THERE.

II. SERVER UPTIME

Individual servers will deliver 100% uptime as monitored within the Izoox network by Izoox monitoring systems (Server Uptime Guarantee). Only failures due to known Izoox problems in the hardware and hypervisor layers delivering individual servers constitute Failures and so only those Failures are covered by this Server Uptime Guarantee and this SLA. Examples of Failures include power interruptions, hardware problems such as failures to a hard drive or power supply, and failures to the hypervisor environment supporting Customer servers. Problems related in any way to the Customer server operating system or any other software on the customer server, or to the actions of Customers or third parties, do not constitute Failures and are not subject to any remedy defined herein.

III. PERSISTENT STORAGE

Izoox will make reasonable efforts to insure that server storage is "persistent." In the event of hardware or software Failures as defined in Part II above, Izoox will make commercially reasonable attempts to return the Customer to pre-Failure state including restoring:

  • Networking configuration such as public and private IP addresses and VLAN;

  • Operating system and existing configuration;

  • Application software as configured by Customer; and

  • Data.

Furthermore, these efforts will include supporting the Customer via telephone, chat or Email at the Customer's choosing.

(Example: in the event of a failure to a mother-board supporting a Customer server, the mother-board will be replaced and the Server will be returned to service, rebooted, with the same IP address, VLAN, networking configuration, operating system configuration, application software and data on the hard-drive.)

Izoox will determine in its sole discretion the extent of effort and resources required to recover Customer environments and data. Recovering data after more than one disk fails in a RAID array or other comparably complex recoveries are beyond the scope promised. Izoox is not required to assist with any application software. Izoox supports a limited set of common operating systems and only supports such operating systems that have not been modified in any way by the Customer. No guarantee whatsoever is provided on the success of any Customer recovery.

IV. NETWORK PERFORMANCE

Izoox will deliver 100% uptime for internal network performance as defined below in Section IV.B. In addition, Izoox will deliver network performance meeting or exceeding the specifications listed in this Part IV.

A. Network Performance Definitions

  • "Jitter" means variation in Latency.

  • "Latency" refers to the amount of time it takes for a packet of data to travel from one point to another.

  • "Maximum Jitter" is defined as the highest permissible level of jitter within a given period when there is no Network Outage.

  • "Network Outage" is defined as an unscheduled period during which IP services are not useable due to capacity-constraints on the Izoox network, or a hardware or software failure on the Izoox network.

  • "Packet Loss" is defined as Latency in excess of 10 seconds.

All Jitter, Latency, and Packet Loss metrics outlined below are monthly averages, unless otherwise noted in this Part IV.

B. Internal Network Performance

Izoox servers reside within dedicated VLANs. Each Customer account is provisioned with two VLANs, one that is publicly routed, and a second that is private (i.e. 10.* addresses). This SLA only guarantees the network performance between the network interfaces of Izoox servers in the same Customer account and on the same VLAN.

Izoox guarantees 100% uptime of the internal network that connects Izoox virtual servers to one another. 100% uptime is defined as internal network performance that meets or exceeds the following criteria:

  • Packet loss < 0.1%

  • Latency < 5ms

  • Jitter < 0.5ms within any 15 minute period

Maximum Jitter: 10 milliseconds within any 15-minute period.

C. External Network Performance

At least two (2) of the specified networks in each continent will meet the performance specifications listed below at any given time, as measured and determine solely by Izoox. Izoox may change the specific measured hardware devices without prior notice.

  1. North American Network Performance
    • Packet loss to:
      • West Coast of North America < 0.2%
      • East Coast of North America < 0.3%
    • Latency to:
      • West Coast of North America < 45ms
      • East Coast of North America < 90ms
    • Jitter to:
      • West Coast of North America < 1.0ms
      • East Coast of North America < 1.2ms
    • Maximum Jitter: 10 milliseconds during any 15-minute period.
    • Izoox currently measures performance to the following North American networks: Verio, Level3, Above.net, UUNet.
  2. 2. South American Network Performance
    • Latency to South America < 220ms
    • Maximum Jitter: 10 milliseconds during any 15-minute period.
    • Izoox currently measures performance to the following South American networks:
      • Brazil: UOL, STI
      • Chile: Netline, Firstcom
      • Argentina: UOL Sinectus, Sion
  3. European Network Performance
    • Latency to Europe < 175ms
    • Maximum Jitter: 10 milliseconds during any 15-minute period.
    • Izoox currently measures performance to the following European networks:
      • France: Tiscali, France Telecom, Neuf Telecom
      • United Kingdom: NTL, Zen, Pipex
      • Germany: Star 21 Networks, PJS net, T-Online
  4. Asian Network Performance
    • Latency to Asia < 170ms
    • Maximum Jitter: 10 milliseconds during any 15-minute period.
    • Izoox currently measures performance to the following Asian networks:
      • Japan: Singtel, Tuka, IA Japan
      • Hong Kong: Uni Net, Linkage, HK Supernet
      • South Korea: Kornet, Moumnet, BoraNet / SuperNet
  5. Australia Network Performance
    • Latency to Australia < 200ms
    • Maximum Jitter: 10 milliseconds during any period of 0.1% of a calendar month
    • Izoox currently measures performance to the following Australian networks:
      • Optusnet
      • iiNet
      • Netspace
      • TPG
      • Adam Internet
  6. South Africa Network Performance
    • Latency to Souty Africa < 480ms
    • Maximum Jitter: 10 milliseconds during any period of 0.1% of a calendar month
    • Izoox currently measures performance to the following South African networks:
      • South Africa: Coza, XSInet, Inloco
      • Zimbabwe: Mweb, Utande, Telconet

D. Limitations

This SLA does not cover (without limitation): (a) network performance to Customer's physical location or internet access point (such as a local DSL/cable modem); or (b) failures due to denial of service attacks.

V. LOAD BALANCING

Izoox provides a software-based load balancing service and is not covered by this SLA; however, the server that the load balancing service resides on is covered in this Part II. Server Uptime.

VI. CLOUD STORAGE

Izoox provides a storage service that is implemented by enabling the mounting of a file system to a server, using one or more standard protocols.

Izoox guarantees 100% uptime of the cloud storage service. 100% uptime is defined as performance of the cloud storage service balancer that meets or exceeds the following criteria:

  • Latency to the cloud storage mount point IP address < 5ms

A cloud storage Failure occurs when Customer cannot retrieve data through any of the supported protocols, due to problems with hardware and software in Izoox's control. Data retrieval issues caused by problems connecting to the Service, including without limitation problems on the Internet, do not constitute Failures and so are not covered by this SLA. Under no circumstances will Izoox be responsible for the restoration of any data to cloud storage or for the loss of any data.

VII. SERVER REBOOT

Server power cycling: < 20 minutes

In the future the Service will include an automated system for rebooting each virtual server and this section covers the intentions of that automated system and thus nothing is covered under this Part VII of this SLA. The Customer Portal will allow Customer to request an immediate reboot (a "Reboot Request"). This SLA will apply only to requests for reboots initiated through such automated system. The figure listed above is the maximum period between the time of the Reboot Request and either the actual virtual server rebooting or notice to Customer that the reboot failed. To qualify for a credit, Customer must open a Case requesting a manual reboot.

VIII. SUPPORT RESPONSE TIME

  • EMERGENCY Cases - 60 minutes
  • The following are the EMERGENCY categories:
    • Server down
    • Packet loss
    • Routing issue
  • All other Cases - 24 hours

After Customer opens a Case a human support engineer will review the support request within the timeframe listed above. Only a Case that Customer marks as “high-priority” when creating the Case will be considered as EMERGENCY. Izoox may reclassify any Case misclassified as falling into one of the EMERGENCY categories listed above, and such Case will not qualify for EMERGENCY treatment. Resolution and repair times vary, and this SLA does not address them.

IX. DOMAIN NAME SERVICES

Primary DNS availability: 100%

"DNS" means domain name server. A period of DNS failure is any time during which 100% of Izoox'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.

X. PHYSICAL SECURITY

24 x 365 on-site security

Izoox will ensure the presence of a professional security guard in the computer server hosting facilities at all times, charged with enforcing Izoox's security policies. (Those policies require, among other things that Izoox employees, vendors, and visitors wear a badge and that authorized visitors who have not been issued a permanent badge leave a valid U.S. driver's license or passport with the guard while in the Facility.)

XI. 24 x 365 ENGINEERING SUPPORT

24 hours a day x 365 days a year Engineering Support

Izoox will maintain support engineers on duty 24 hours per day, every day of the year, monitoring Izoox's network operations center ("NOC").

XII. CREDIT REQUIREMENTS

The following are required for credits:

A. Customer must open a support case (a "Case") during the Failure in question. Customer will open all Cases through the Customer Portal. In opening a Case, Customer will provide complete information regarding the nature of the problem, including any information reasonably necessary for diagnosis and correction, by following the Case opening procedures at the Customer Portal. However, at Izoox's sole discretion, a Izoox representative may open a Case for Customer, without use of the Customer Portal, and Customer will provide all information required in the preceding sentence to the support representative. Customer will provide the information required in this Part XII.A even if Izoox provides monitoring services.

B. Customer must provide Izoox with accurate and complete designated points of contact, using the Customer Portal. Customer must provide Izoox with accurate passwords for maintenance and repair use by Izoox engineers. Delays or failures caused by Customer's failure to abide by the requirements of this Part XII 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 24 hours of the start of the Failure.

D. A credit will be issued for the period (i) starting when a Case (as defined below in Part XII) is filed by Customer or by Izoox support representatives and (ii) ending when the server returns to an online state.

XIII. CREDIT LIMITATIONS

A. The minimum period of Failure eligible for a credit is 30 minutes, 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. Izoox is not required to issue multiple credits for a single incident; in the event that a single incident calls for credits pursuant to multiple Parts of this SLA, Izoox may decide, in its sole discretion, which credits to award. The maximum credit during a single calendar year, for all Service features combined, is two months' Service fees, regardless of the length of Failure or the number of occurrences. The period of Failure begins when Customer opens a Case and ends when the Failure is remedied.

B. In the event that credits for any calendar month exceed 15% of Izoox's revenues for such period, Izoox may reduce and pro-rate the value of credits given to all Customers for such period so that the aggregate credit given to all Customers does not exceed 15% of revenues. As used in the previous sentence, "Izoox's revenues" and "all Customers" refer to revenues and customers from Internet hosting services sold under the "Izoox" brand, and not to revenues or customers from any other business unit operating under another name or providing services other than or in addition to Internet hosting. Izoox may employ such accounting procedures as it chooses in calculating revenues, in its sole discretion, and nothing herein will be construed to require that Izoox disclose non-public information about its finances to Customer or to any party.

C. Credits available pursuant to this SLA apply only to future service delivery. Izoox is not required to provide refunds pursuant to this SLA. If Customer retains a credit balance on termination of the account in question, such credit is forfeited. Notwithstanding the foregoing, credits will not be applied against fees for professional services, bundled support, or setup fees.

D. 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 Izoox's control; (5) outages resulting from Internet anomalies outside of Izoox's control; (6) outages resulting from fires, explosions, or force majeure; (7) outages to the Customer Portal, and (8) failures during a "beta" period. "Emergency Maintenance" refers to any corrective action intended to remedy conditions likely to cause severe Service degradation, as designated by Izoox 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, Izoox 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.

XIV. TERMS OF SERVICE / THE AGREEMENT

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.