YottaServers Service Level Agreement

Foreword

YottaServers, LLC., an Iowa limited liability company, and all other subsidiaries, divisions and identities used by YottaServers, LLC. (collectively “YottaServers”) provides a variety of hosting options including managed and self-managed dedicated servers, co-location and virtual hosting. This Service Level Agreement (“SLA”) outlines the guarantees of services as referenced in the Service Schedule. YottaServers retains sole discretionary power when determining if a guarantee has not been met. All SLA guarantees and information listed below are made in good faith and are subject to standard contract remedies. The Customer agrees that YottaServers internal measurements establish the eligibility of any applicable SLA credit.

99.9% Network & Power Uptime Guarantee

Definitions

• Self-Managed
  • Dedicated hardware or services purchased from YottaServers with the no service level.
• Managed
  • Dedicated hardware or services purchased from YottaServers with any level of service.
• Co-location Services
  • Servers and equipment that are property of the Customer while datacenter space, power, bandwidth, and Ethernet ports are rented from YottaServers on a monthly or longer term basis.
  • Servers and equipment where the customer is responsible for supplying replacement parts, hot swappable hardware, and all required software media.
  • Servers and equipment where the customer is responsible for any billable time needed to replace failed parts.
• Network
  • YottaServers common equipment, software, and facilities that are collectively utilized by YottaServers to provide connectivity to services from the outbound port on the Customer’s device(s) to the outbound port of the datacenter border router.
• Service Availability
  • The total time in a calendar month that the YottaServers’ Network is available through the Internet, provided that Customer has established connectivity.
    • This is limited to Service Availability within YottaServers’ immediate routing perimeters.
    • YottaServers will not be held liable for problems directly related to an upstream bandwidth provider.
• Network Downtime (unavailability)
  • 100% packet loss to the Customer from the moment such packet loss is first identified by a mutually agreeable monitoring solution.
  • YottaServers administrators will determine the onset and conclusion of the downtime through the use of industry standard network monitoring tools.
• Scheduled Maintenance or Service Downtime
  • Any planned interruption of Network services.
  • Scheduled service downtime that occurs during a YottaServers standard Service(s) or Server(s) maintenance window which will occur in conjunction with a 24 hour notice to the Customer via the YottaServers alerts blog or via service ticket, whichever is more appropriate as deemed by YottaServers.
  • Service or Server maintenance coordinated with the Customer to the best of YottaServers’ abilities as to align the window of maintenance with the Customer’s explicit wishes.

Coverage

This Network & Power Uptime Guarantee applies to all power and network services for any YottaServers Customer in good financial standing with YottaServers at the time of a service outage.

SLA & Specifications

• YottaServers guarantees 99.9% Network & Power Service Availability.
• YottaServers will never guarantee 100% Network & Power service availability, as such a thing is impossible.
• YottaServers guarantees to resolve any network or power outage as soon as possible and to provide the customer with verbose information on what caused the outage.

Two Hour Hardware Replacement Guarantee

Definitions

• Backups
  • Backups of customer data and/or the current operating system state which are only included with YottaServers’ paid backup service.
• Hardware
  • All YottaServers owned equipment and components (processors, RAM, hard disks, motherboards, NIC cards, RAID cards, switches, firewalls, load-balancers and other related hardware) located within YottaServers’ datacenters and utilized only by the customer.
• Hardware Failure
  • An interruption to normal operation of a component within Customer Hardware that materially disables normal Customer functionality.
• Hardware Replacement
  • Returning the server hardware to its latest configuration, as per the date the server first went live on the network or the date of the latest server or server hardware component(s) upgrade or downgrade. If hardware failure causes corrupted operating system, data files, or damaged service configurations, YottaServers will restore the operating system to its original state however possible.
    • YottaServers does NOT take operating system backups unless a customer is paying for that service.
  • Original State
    • If the customer does not have the paid backup service and has no secondary backup drive “original state” is defined as the state of the operating system immediately after a fresh install.
    • If backups are present “original state” is defined as the state of the operating system at the time of the latest successful backup.

Coverage

The Hardware Replacement Guarantee applies to servers less than 24 months in production for any YottaServers Customer in good financial standing with YottaServers at the time of a Hardware Failure. The two hour guarantee does not include time required to reload the operating system, applications, or time required to rebuild a degraded or failed RAID array. YottaServers is not responsible for the restoration of data to a Server. If hardware failure is experienced and subsequent data loss occurs, the Customer is ultimately responsible for data restoration. YottaServers shall not be liable for loss of data under any circumstances. YottaServers strongly recommends that customers take regular backups of their data as to minimize data loss in the event of a hardware failure. YottaServers also provides a paid backup service but that should not be the only backups the customer takes.

Service Level Agreement & Specifications

• YottaServers guarantees a failed hardware component will be replaced within two hours of verification that a hardware component has failed client notification will happen through YottaServers’ ticketing system.
  • Please note that determining which hardware component has failed can take many hours and that the two hour time limit for replacement only starts once which component has failed is determined.
  • While YottaServers is happy to update a customer as often as they request, any communication time beyond the hourly status updates will be added to the two hour time limit for replacing the failed hardware.

Exclusions

This SLA does not apply to downtime caused by the following problems/issues:

• Problems with a customer’s local area network.
• Problems with customer-provided internet connectivity or end-user software.
• Problems with customer owned hardware or components.
• Entities inside customer’s internal network including, but not limited to:
  • Firewall configuration and bandwidth shaping
  • Local area workstations, or other servers, equipment, and software that have a potential bearing on the local networking environment.
• Any Scheduled Maintenance or Service Downtime.
• Any problems beyond the immediate YottaServers network segment including upstream providers.
• Circumstances beyond YottaServers’ reasonable control, including, but not limited to:
  • Acts of any governmental body
  • War, armed conflict or embargo
  • Insurrection or sabotage
  • Fire
  • Flood
  • Earthquake
  • Tornado or hurricane
  • A winter weather event that prevents travel or makes travel dangerous
  • Meteor strike or solar flare
  • Strike or other labor disturbance
  • Virus attacks
  • Hackers
  • Data loss
• DNS issues outside the direct control of YottaServers.
• Issues with FTP, POP, IMAP, or SMTP Customer access.
• False SLA breaches reported as a result of outages or errors of any YottaServers measurement system.
• Any interruptions, delays or failures caused by the customer or customer’s employees, agents, or subcontractors, including but not limited to, the following:
  • Inaccurate configuration.
  • Non-compliant use of any software installed on the server.
  • Customer initiated Service or Server over-utilization.
  • Any problems related to attacks on the server or service such as:
    • Hacking
    • DDOS or DOS attacks
    • Bandwidth-based attacks of any nature
    • Service, Server or operating system exploits.

SLA Claim Processing and Credits

Claim Processing

In order for the Customer to receive a credit on the account a claim must be submitted within seven days of the Network Downtime or Hardware Failure. To properly claim an SLA credit, the customer must open a support ticket inside the customer portal. Customer must include Service or Server type, IP Address, contact information, and full description of the service interruption including the dates and times of the unavailability of services and any logs if applicable.

The SLA claim will be researched by the appropriate department manager and any approved credit will be sent to the accounting department and the ticket will be updated. If approved, credits will usually be issued within 30 days of your credit request. The credit will be based on the calculated actual level of unavailability of the Customer’s services. This credit will apply to the actual charges incurred by the Customer for the affected services during the affected month with the maximum credit not to exceed 100% of the monthly service charge for the affected services in the affected month. SLA credits are issued as service credits on future billing cycles. Account credit will be the exclusive remedy in the event of Network Downtime or Hardware Failure.

Calculation of Credits

• Self-Managed Services and Servers:
  • Customer may apply for a credit of 2% of the monthly fee for each 15 minutes of Network Downtime.
• Managed and Co-location Services and Servers:
  • Customer may apply for a credit of 2% of the monthly fee for each 7 minutes of Network Downtime.
• Hardware Failure:
  • Customer may apply for a credit of 1% of the monthly fee for each 15 minutes beyond the first two hours of reported & verified Hardware Failure.