NEXCESS.NET Service Level Agreement (SLA)

NEXCESS.NET L.L.C. (“NEXCESS.NET”) will provide a minimum 99.9% uninterrupted transit to the Internet (as measured on a monthly basis) as well as 99.9% uninterrupted electricity. Should transit to the Internet or electricity become unavailable for a cumulative period up to 5 minutes beyond the 99.9% minimum in any month of service, the client will receive a refund equivalent to 5% of the client's Recurring Monthly Fees for that month for every additional 5 minutes the network or power is unavailable.

All refund calculations will be based on unavailability in 5 minute increments. The above agreement does not cover outages caused by equipment and/or events under the control of the client. This Service Level Agreement does not cover outages due to scheduled or emergency network and/or facility maintenance, which will be broadcast to all customers in advance via the web page at http://nexcess.net/forums/, and will not exceed 60 minutes per month.

NEXCESS.NET will do its best to make hardware replacements on all dedicated and colocated systems, but cannot make any guarantees in regards to colocated equipment. All attempts will be made to get the system diagnosed and operational within 24 hours. There are no additional fees for hardware replacement in dedicated systems, but colocated customers may incur additional fees for hardware replacement services.

Any and all refunds to the client will not exceed 100% of the client's Recurring Monthly Fees for the month in which the refund is paid. All refunds must be requested within 30 days of the incident.

To request a refund email with your account name along with the time of and time span of the outage.

All refund calculations will be based on unavailability in 15 minute increments. The above agreement does not cover outages caused by client error or account transfers. This Service Level Agreement does not cover outages due to scheduled or emergency network and/or facility maintenance, which will be broadcast to all customers in advance via the web page at http://nexcess.net/forums/, and will not exceed two hours per month.

NEXCESS.NET will maintain its network in such a manner as to provide to all customers the best possible performance to the Internet. In order to achieve this NEXCESS.NET makes the following guarantees to all onsite Internet clients:

• 99.9% guaranteed uninterrupted transit to the Internet
• Zero packet loss internal to NEXCESS.NET network<

NEXCESS.NET provides managed services for some clients which includes security updates, monitoring and backup services.

NEXCESS.NET will update key software upon detection of security flaws or updates.  Updates are performed once per day.  If a breach of root-level security occurs, NEXCESS.NET will notify the client within 6 hours of the breach.

NEXCESS.NET will backup all key client files on a daily interval to be stored on an off-server location and retained for 7 days (7 days of backup will be available at all times).  Database data will be backed up on-server daily and off-server on a weekly basis.  Access to backup files and databases is free under most circumstances but restore requests are limited to once per month with additional restores billable at $25 / request.

Last Updated: 01.21.2007