Whereas Assimulare, Inc., hereinafter
referred to as "Assimulare",
is in the business of providing a variety of telecommunication
and data networking services and _______________________________,
hereinafter referred to as "Customer", desires access
to and use of Assimulare's Network
Service with guaranteed levels of network latency, customer
support, reliability, service provisioning, and business continuity/disaster
recovery, Assimulare makes the
following statements and offers the following service level
guarantees.
Assimulare has engineered an
IP (Internet Protocol) packet switching backbone with a massive
level of redundancy, availability, and security features.
To wit:
" Traffic at each backbone site is separated into 'core'
and 'border' traffic. All IP traffic is filtered appropriately.
" All backbone IP equipment is duplicated with redundant
connections. Backbone IP equipment failure will result in
dynamic rerouting of backbone traffic, under normal conditions,
in less than 30 seconds.
" All backbone sites are interconnected via multiple
diversely routed links.
" All traffic will be routed using standard BGP routing
rules.
" No backbone data circuit, either physical or virtual,
will operate at more than 90% of rated capacity. Assimulare
will order an increase in circuit capacity whenever traffic
exceeds 75% of rated capacity. (Rated capacity is defined
as the maximum guaranteed usable bit rate that can flow across
a given physical or virtual circuit. For instance a T1 has
a rated capacity of 1.544 mbps.).
" No peering connection will operate at more than 90%
of rated capacity. Assimulare
shall order an increase in circuit capacity whenever traffic
exceeds 75% of rated capacity.
" No transit connection of DS3 or higher speed will
operate consistently at more than 90% of rated capacity. Assimulare
will order an increase in transit circuit capacity whenever
traffic exceeds 75% of rated capacity.
Network Latency Guarantees:
Scope: IP packet switching round-trip times (obtained utilizing
the 'ping' and 'traceroute' probes) from any Assimulare
network element to any other Assimulare
network element shall be less than 85 milliseconds. It must
be understood that responding to these network probes is the
lowest priority task assigned to network elements and that
any network element under attack will, by necessity, give
priority to combating the attack. (Forwarding of IP packets
will proceed at normal rates even though these tools may report
elevated times under attack conditions.).
Process: Latency shall be measured by taking the average
round-trip time of a group of ten (10) ICMP echo-request packets
and recording this value once every five (5) minutes. The
average of the twelve (12) readings that occur within any
given hour shall be utilized as the hourly average round-trip
time (hartt) for purposes of this Service Level Agreement.
The harrt values used to determine Network Latency Guarantee
are those that originate at the Assimulare
Network Access Point hosting the customer's connection. Harrt
values for time periods during which an active network attack
was in progress will not be utilized to determine applicability
of the Network Latency Guarantee. No credits shall be made
if failure to meet a Network Latency Guarantee is attributable
to reasons of Force Majeure as defined in an addendum to this
Service Level Agreement.
Remedy: If Assimulare fails
to meet any Network Latency Guarantee in two calendar months
during the term on Customer's service contract, Customer's
account shall be automatically credited for the second month
and any subsequent month during the term of Customer's original
service contract. Time periods during which an active network
attack was in progress, as detailed above, will not be used
to determine failure of the Network Latency Guarantee.
Customer Support Quality:
Outage Reporting Guarantee Scope: Assimulare's
Outage Reporting Guarantee is to notify Customer within 15
minutes after Assimulare's determination
that Customer's service is unavailable or significantly degraded.
Process: Assimulare's Outage
Reporting Guarantee is applicable only if Customer completes
Assimulare's Customer Information
Form in its entirety and supplies Assimulare
with applicable updates as contact information changes. Assimulare
will be relieved of its obligations under this Outage Reporting
Guarantee if Assimulare's contact
information for Customer is out of date or inaccurate due
to Customer's action or omission or if Assimulare's
failure is due to reasons of Force Majeure as defined in an
addendum to this Service Level Agreement.
Remedy: If Assimulare fails
to meet the Outage Reporting Guarantee, at Customer's request
Customer's account shall be credited the pro-rated charges
for one day of the Assimulare
Monthly Fee for the service with respect to which this Guarantee
has not been met; provided, that Customer may obtain no more
than one credit per day, irrespective of how often in that
day Assimulare failed to meet
the Outage Reporting Guarantee.
Reliability/Service Availability:
Service Availability Guarantee Scope: Assimulare's
Service Availability Guarantee is to have the Assimulare
Network (as defined in an addendum) available 100% of the
time.
Scheduled Maintenance Scope: Scheduled Maintenance shall
mean any maintenance at the Assimulare
network access point to which Customer's data network is directly
connected (a) of which Customer is notified 48 hours in advance,
and (b) that is performed during a standard maintenance window
on Tuesdays and Thursdays from 03:00 AM to 06:00 AM or on
Sundays from 03:00 AM to 08:30 AM. All times shall be based
upon local time at the Assimulare
network access point to which Customer's data network is directly
connected. Notice of Scheduled Maintenance will be provided
to Customer's designated point of contact by email delivery
at least 48 hours in advance.
Process: Assimulare will, at
Customer's request, calculate Customer's Network Unavailability
in a calendar month. Network Unavailability consists of the
number of minutes that the Assimulare
network was not available to Customer, and includes unavailability
associated with any maintenance at the Assimulare
network access point to which Customer's data network is directly
connected other than Scheduled Maintenance. Outages will be
counted as Network Unavailability only if Assimulare
notifies Customer of the outage in accordance with the Outage
Reporting Guarantee set forth previously or it Customer opens
a trouble ticket with Assimulare
customer support within five (5) days of the outage. Network
Unavailability will not include Scheduled Maintenance, or
any unavailability resulting from (a) Customer's applications,
equipment, or facilities, (b) Customer ordered telecommunications
circuit failures, both physical and virtual, (c) acts or omissions
of Customer, or any use or user of the service authorized
by Customer, (d) outages imposed upon the Customer as a result
of violations of the standard Terms and Conditions of use,
or (e) reasons of Force Majeure as defined in an addendum
to this Service Level Agreement.
Remedy: For each cumulative hour of Network Unavailability
or fraction thereof in any calendar month, at Customer's request
Customer's account shall be credited for the pro-rated charges
of one day of the Assimulare
Monthly Fee, not to exceed one full month's Monthly Fee in
any calendar month.
Caveats and Exclusions:
Assimulare specifically does
not and cannot guarantee the following:
" Circuit outages outside of the Assimulare
network. This includes the circuit connecting the customer
to the nearest network element on the Assimulare
network.
" Performance within another Internet Service Provider's
network. Assimulare shall provide
all capacity required for optimal performance, but cannot
guarantee that other providers will do the same.
" Performance across peering links. As stated earlier,
Assimulare shall provide all
capacity required for optimal peering performance, but cannot
guarantee that other providers will do the same.
" Performance to a specified end-user, even if on the
Assimulare network. We will,
however, guarantee performance to the point on Assimulare's
network that is topologically nearest to the specified end-user.
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