Legal

Service Level Agreement

The Cyberspace Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of Cyberspace Web Presence service.
Uptime Guarantee:
Cyberspace strives to maintain a 99.99% network and server uptime service level. This uptime percentage is a monthly figure, and is is calculated solely by Cyberspace monitoring systems or Cyberspace authorized/contracted outside monitoring services. If Cyberspace fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. Cyberspace does not credit a full month's service for minor downtime. This would not be financially healthy for Cyberspace, and in turn would only negatively affect the service level Cyberspace provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, Cyberspace may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.
Exceptions:
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Cyberspace network caused by or associated with:
  • Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
  • Telco Failure (ie...cutting a fiber line somewhere)
  • Backbone peering point issues (PAIX)
  • Scheduled maintenance for hardware/software upgrades
  • DNS issues not within the direct control of Cyberspace
  • Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of Cyberspace service(s) in breach of Cyberspace Policy and Service Guidelines (AUP), by Client or others authorized by Client.
  • DDOs attacks or any IRC related attacks
Connectivity:
Cyberspace goal is to make the Cyberspace network available to Client free of outages for 99.5% of the time. An "outage" is defined as an instance in which Client is unable to transmit and receive IP packets due to a Cyberspace service failure for more than 15 consecutive minutes, excluding service failures relating to Cyberspace scheduled maintenance and upgrades. The Cyberspace network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. Cyberspace goal is to keep Average Round-Trip Latency on the Cyberspace network to 85 milliseconds or less. Cyberspace defines "Average Round-Trip Latency", with respect to a given month, as the average time required for round-trip packet transfers between the Cyberspace network and major US/Philippines backbone peering points during such month, as measured by Cyberspace. Cyberspace goal is to keep Average Packet Loss on the Cyberspace network to 1% or less. Cyberspace defines "Average Packet Loss", with respect to a given month, as the average percentage of IP packets transmitted on the Cyberspace network during such month that are not successfully delivered, as measured by Cyberspace.
Measurement:
Cyberspace will periodically (on average every 10 minutes) monitor Cyberspace network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that that such measurements may not measure the exact path traversed by Client's internet connection, and that such measurements constitute measurements across the Cyberspace network but not other networks to which Client may connect. Cyberspace reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by Cyberspace and made available to Client.
Hardware Failure:
Cyberspace stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. Cyberspace utilizes only name brand hardware of the highest quality and performance. Cyberspace will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site Cisco engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current Cyberspace contracts with Cisco and backbone providers in regard to the emergency repair service in case of such an issue. Cyberspace will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades.
Credits:
In the event that there is no Web Site Availability, Cyberspace will credit the monthly service charge for the Service as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month:
Web Site Availability Credit
95% to 99.8% = 25%
90% to 94.9% = 50%
89.9% or below = 100%
In order for YOU to receive a credit on YOUR account, YOU must request such credit within five (5) business days after YOU experienced no Web Site Availability. YOU must request credit by sending an electronic mail message to [email protected] For security, the body of this message must contain YOUR account number/domain name, the dates and times of the unavailability of YOUR web site, and such other customer identification requested by Cyberspace. Credits will usually be applied within sixty (60) days of YOUR credit request. Credit to your account shall be YOUR sole and exclusive remedy in the event that there is no Web Site Availability.
General:
Cyberspace reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, Cyberspace makes no claims regarding the availability or performance of the Cyberspace network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.

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