U.S. Data Center Colocation SLA

This Service Level Agreement (“SLA”) only applies to U.S. Data Center Colocation for Premium Data Centers, including legacy Premium Data Center Services and legacy Internet Colocation Service for Premium Data Centers.

Installation
AC Power Availability
Network Latency
Packet Delivery
Network Jitter
Data Center Internet Bandwidth Availability
Outage Reporting
Data Center Temperature and Humidity
Local Tape Backup and Restore
Load Balancing
Denial of Service Time Response
Total SLA Credits

1. Installation
   
   
   Installation SLA Standard
   Installation of Verizon Data Center Internet Bandwidth, standard cabinet, and standard power options is to be completed within 7 business days for any Customer requesting less than 100 Mbps of Data Center Internet Bandwidth connectivity or 20 business days for any Customer requesting 100 Mbps or more of connectivity. The SLA Installation standard will not apply for customers upgrading beyond standard power.
   
   Installation SLA Process
   The Installation SLA period will commence after the hosting install engineer verifies service requirements with the Customer and upon the date the hosting install engineer sends an email to Customer stating that the install period has started. The Installation SLA is only available for the installation of Verizon Data Center Internet Bandwidth, standard cabinets and standard power and it is not available for other Verizon services such as POTS lines, frame relay, Ethernet or any other Verizon connectivity, non-standard or custom cabinet/cage space, non-standard power, or if installation delay is attributable to Customer equipment, acts or omissions of Customer, or its employees or agents, or Customer not passing Verizon's credit check.
   
   Installation SLA Remedy
   Upon receiving emailed notification from Verizon’s Hosting Install Engineer that the Facility is ready for Customer’s Equipment, Customer will have 10 days within which to contact Verizon’s installation engineer if Customer believes Verizon has failed to meet the Installation SLA. If Customer contacts Verizon within such 10 day period and if Verizon determines in its reasonable commercial judgment that Verizon has failed to meet the Installation SLA, Customer's account will be credited 50% of Verizon's standard Installation Fee for the ordered Data Center Colocation with respect to which this SLA has not been met.




2. AC Power Availability
   
   
   AC Power Availability SLA Standard
   AC power is to be available to Customer's Data Center Colocation cabinet 100% of the time.
   
   AC Power Availability SLA Process
   Customer must have equipment capable of utilizing dual power sources and Equipment must be plugged directly into both the A power strip and the B power strip. Unless otherwise provided in the Service Agreement or Service Amendment, Customer must not permit power consumption to exceed the power rating identified in the Service Agreement or Service Amendment and all equipment must be UL approved. Cabling used by Customer must meet national electrical and fire standards and any specifications provided by Verizon.
   
   "Power Unavailability" consists of the number of minutes that AC power was not available at the Customer's Premium Data Center Service cabinet to the primary outlet or redundant outlet at the same time. Outages will be counted as Power Unavailability only if Customer opens a trouble ticket requesting an SLA investigation with Verizon technical support within five days of the outage. Power Unavailability will not include Scheduled Maintenance (as defined in this Section 2) or unavailability resulting from (a) any Customer circuits or equipment, (b) Customer's applications or equipment, or (c) acts or omissions of Customer, or any use or user of the service authorized by Customer.
   
   Scheduled Maintenance for AC Power Availability SLA
   Scheduled Maintenance means any maintenance performed on either primary and/or redundant power feeds to the Customer’s cabinet (a) of which Customer is notified 7 business days in advance for an outage that lasts more than 50 ms and 48 hours in advance for an outage impact of 50 ms or less, and (b) that is performed during a standard maintenance window of 12 AM to 6 AM local time of the Verizon data center at which Customer's server is located. Information regarding Scheduled Maintenance will be provided to Customer's designated point of contact by a method elected by Verizon (telephone, email, fax or pager). Verizon reserves the right to perform maintenance outside of Scheduled Maintenance during an emergency situation.
   
   Power Availability SLA Remedy
   For each cumulative hour or fraction thereof of Power Unavailability for both A & B circuits, Customer may request a credit for one day of monthly recurring charges for the Data Center Internet Bandwidth and Space affected by the outage as contracted for in Customer’s Data Center Colocation/Internet Colocation agreement. The total credit will not exceed Customer’s total monthly recurring Data Center Internet Bandwidth and Space charges.




3. Network Latency
   
   
   Network Latency SLA Standard
   Verizon provides a Network Latency SLA standard based on the average round-trip transmission time in milliseconds between Verizon-designated inter-regional transit backbone routers ("Hub Routers") in North America and between New York and London (“Transatlantic”). This Network Latency SLA standard is limited to North America and Transatlantic. The specific Network Latency SLA standard associated with North America and Transatlantic is posted at the following location: http://www.verizonbusiness.com/terms/global_latency_sla.xml
   
   Network Latency SLA Process
   Latency will be measured by averaging sample measurements taken during a calendar month between Hub Routers in North America and Transatlantic. Each month's Network performance statistics relating to the Network Latency SLAs is posted at http://www.verizonbusiness.com/about/network/latency/
   
   Network Latency SLA Remedy
   
   If Verizon fails to meet the Network Latency Service Level in a calendar month for North American and Transatlantic, Customer may request a credit for that month. The credit will consist of an amount equal to one day of monthly recurring charges for the Data Center Internet Bandwidth service contracted for in Customer’s Data Center Colocation/Internet Colocation agreement. The total credit will not exceed Customer’s total monthly recurring Data Center Internet Bandwidth charges. In no event will Customer receive credits under this SLA if Customer is already receiving a credit under the Data Center Internet Bandwidth Availability SLA.
   
   
   
4. Packet Delivery
   
   Packet Delivery SLA Commitment
   Verizon offers both a Network Packet Delivery SLA between Verizon-designated inter-regional transit backbone routers (“Hub Routers”) in North America and Transatlantic. The Packet Delivery SLA standard associated with North America and Transatlantic is posted at the following location http://www.verizonbusiness.com/terms/global_latency_sla.xml
   
   Packet Delivery SLA Process
   Packet delivery is measured by averaging sample measurements taken during a calendar month between Hub Routers. Network Performance statistics relating to the Network Packet Delivery Service Level for North America and Transatlantic is posted at the following location: http://www.verizonbusiness.com/about/network/latency/.
   
   Packet Delivery SLA Remedy
   If Verizon fails to meet the Network Packet Delivery Service Level in a calendar month, Customer may request a credit for that month. The credit will consist of an amount equal to one day of Data Center Internet Bandwidth monthly recurring charges with respect to the Service to which a Network Packet Delivery SLA has not been met. The total credit will not exceed Customer’s total monthly recurring Data Center Internet Bandwidth charges for the affected Services. In no event will Customer receive credits under this SLA if Customer is already receiving a credit under the Data Center Internet Bandwidth Availability SLA.
   
   
   
5. Network Jitter
   
   Network Jitter SLA Standard (currently applicable only in the U.S.)
   Also known as delay variation, Jitter is defined as the variation or difference in the end-to-end delay between received packets of an IP or packet stream. Jitter is usually caused by imperfections in hardware or software optimization and varying traffic conditions and loading. Excessive delay variation in packet streams usually results in additional packet loss, which affects quality. Verizon's U.S. Network Jitter performance statistics associated with North America is posted to the following location: http://www.verizonbusiness.com/terms/global_latency_sla.xml.
   
   Network Jitter SLA Process
   Jitter will be measured by averaging sample measurements taken during a calendar month between Hub Routers for North America. Each month's Network performance statistics relating to the Network Jitter SLAs for North America will be posted to the following location: http://www.verizonbusiness.com/about/network/latency/.
   
   Network Jitter SLA Remedy
   If Verizon fails to meet the Jitter Service Level for North America in a calendar month, Customer may request a credit for that month. The credit will consist of an amount equal to one day of Data Center Internet Bandwidth charges with respect to the Services to which a Network Jitter SLA has not been met. The total credit will not exceed Customer’s total monthly recurring Data Center Internet Bandwidth charges for the affected Services. In no event will Customer receive credits under this SLA if Customer is already receiving a credit under the Data Center Internet Bandwidth Availability SLA.




6. Data Center Internet Bandwidth Availability (applicable only to Verizon-provided Internet bandwidth in Verizon Premium Data Centers)
   
   Data Center Internet Bandwidth Availability SLA Standard
   Verizon Data Center Internet Bandwidth Service Availability SLA is to have the Verizon Data Center Internet Bandwidth (as defined in the applicable service agreement) connectivity provided to customers available 100% of the time. Available means with no Data Center Internet Bandwidth Unavailability (as defined below).
   
   Data Center Internet Bandwidth Availability SLA Process
   At a Customer's request, Verizon will calculate Customer's Data Center Internet Bandwidth Unavailability in a calendar month. Data Center Internet Bandwidth Unavailability will mean the number of minutes that Verizon Data Center Internet Bandwidth was not available to Customer other than for the exceptions specified below. This SLA applies only if Customer opens a trouble ticket requesting an SLA investigation with Verizon technical support within five days of the end of the month in which the outage occurred. Data Center Internet Bandwidth Unavailability will not : (a) include Scheduled Maintenance (as defined in this Section 6), (b) apply to any Customer circuits or equipment, (c) apply to Customer's applications or equipment, or (d) apply to acts or omissions of Customer, or any use or user of the service authorized by Customer.
   
   Scheduled Maintenance for Data Center Internet Bandwidth SLA
   Scheduled Maintenance will mean any maintenance at the Verizon data center at which Customer's server is located (a) of which Customer is notified 72 hours in advance, and (b) that is performed during a standard maintenance window of 12 AM to 6 AM local time of the Verizon data center at which Customer's server is located. Information regarding Scheduled Maintenance will be provided to Customer's designated point of contact by a method elected by Verizon (telephone, email, fax or pager). Verizon reserves the right to perform maintenance outside of Scheduled Maintenance during an emergency situation.
   
   Data Center Internet Bandwidth Availability SLA Remedy
   For each cumulative hour of Data Center Internet Bandwidth Unavailability or fraction thereof in any calendar month, Customer may request a credit for one day of Data Center Internet Bandwidth monthly recurring charges as contracted for in Customer’s Data Center Colocation/Internet Colocation agreement. The total credit will not exceed Customer’s total monthly recurring Data Center Internet Bandwidth charges.
   
   
   
7. Outage Reporting (applicable only to Verizon-provided Data Center Internet Bandwidth in Verizon Premium Data Centers)
   
   
   Outage Reporting SLA Standard
   Under Verizon's Outage Reporting SLA, Customer is to be notified within 15 minutes after Verizon's determination that Customer's service is Unavailable (as defined in Section 6). Verizon's standard procedure is to ping Customer's Colocated equipment every five minutes. If Customer's equipment does not respond after two consecutive five-minute ping cycles, Verizon will deem the service Unavailable (as defined in Section 6) and will contact Customer's designated point of contact by a method elected by Verizon (telephone, email, fax or pager). Data Center Internet Bandwidth Unavailability will not: (a) include Scheduled Maintenance (as defined in this Section 6), (b) apply to any Customer circuits or equipment, (c) apply to Customer's applications or equipment, or (d) apply to acts or omissions of Customer, or any use or user of the service authorized by Customer.
   
   Outage Reporting SLA Process
   The Outage Reporting SLA is applicable only to service provided in the contiguous United States and is applicable only if a Customer sets up his IP addresses for monitoring through https://clientcentral.mci.com. Customer must open a trouble ticket requesting an SLA investigation with Verizon technical support within five days of the end of the month in which the outage occurred. Customer is solely responsible for providing Verizon accurate and current contact information for Customer's designated points of contact. Verizon will have satisfied its obligations under this Outage Reporting SLA if Verizon contacts Customer's designated point of contact as provided by Customer.
   
   Outage Reporting SLA Remedy
   If Verizon fails to meet the Outage Reporting Service Level, Customer may request a credit for one day of the Monthly recurring charges for the affected Data Center Internet Bandwidth and Data Center Colocation/Internet Colocation space only. Customer may obtain no more than one credit per day, irrespective of how often in that day Verizon failed to meet the Outage Reporting SLA.
   
   
   
8. Data Center Temperature and Humidity
   
   Data Center Temperature and Humidity Service Level Objective
   Verizon Premium Data Centers will maintain a temperature of 72 degrees Fahrenheit plus or minus 8 degrees with 20 percent to 65 percent (non-condensing) humidity within the Data Center as measured at the return air intake of the computer room air conditioning (CRAC) units. Customer’s equipment must be designed to operate within these ranges.
   
   Data Center Temperature and Humidity Service Level Objective Response
   Verizon will respond to temperature alarms from the computer room air conditioning (CRAC) units within 2 hours and will subsequently take steps as required to solve the problem.
   
   Data Center Customer Space Temperature Problem Standard
   Verizon will work with Data Center customers reporting temperature server alerts from their servers in the Data Center.
   
   Data Center Customer Space Temperature Problem Process
   If Customer has concerns about the temperature within Customer’s Data Center Space, Customer may open a trouble ticket with Verizon by calling the Verizon support line at 800-900-0241 or from the Hosting Client Central portal at https://clientcentral.mci.com. Verizon will respond within its standard response intervals based on the severity of the problem and work with Customer to determine the best course of action in terms of changes that can be made by Verizon or by Customer to remedy the issue. Such changes may include (but are not limited to) Verizon making changes to perforation tiles in the Customer cage, Verizon making changes to the CRAC set points, or Customer making modifications to their equipment configuration. In some cases, recommended changes may require additional charges to the Customer.
   
   
   
9. Local Tape Backup and Restore
   
   Local Backup SLA Standard
   Verizon will provide successful completions of tape backups of Customer data on servers located at the Data Center within scheduled windows at least 95% of the time.
   
   Local Backup SLA Process
   The percentage of Monthly Successful Completed Backups is determined based on the total number of backup jobs successfully completed within that window, divided by the total scheduled backup jobs during a month. Standard backup windows are eight hours on weekdays and 22 hours on weekends.
   
   Local Backup SLA Remedy
   The following Tables set forth the service credits available under the Local Tape Backup SLA. Credit percentages are for Monthly Recurring Backup Charges only.
   
   
Table 1 – Local Tape Backup Credits



Monthly Successfully Completed Backups	Service Credit Percentage (maximum)
95%	0%
< 95% but >= 90%	5%
< 90% but >= 80%	8%
< 80% but >= 70%	12%
< 70%	18%



Local Backup SLA Restrictions
The SLA for Local Backup Services will not apply to any slow or failed backups resulting from (a) any Customer circuits or equipment, (b) Customer's applications or equipment, (c) acts of omissions of Customer, or any use or user of the service authorized by Customer, (e) insufficient backnet connectivity or host processing power, as provided by customer, (f) file systems larger than 100 gigabytes for an 8-hour weekday window, (g) file systems larger than 250 gigabytes for a 22-hour weekday window, (h) open files, open databases, or full filesystems, or (i) filesystems with extraordinary amounts of individual files.

Restore SLA Standard
Verizon will facilitate successful restores of backed up data to the original device. If the retention period specified by Customer is one year or less, and if acclimatization is not required, restores will commence within 30 minutes of initiation for data stored within the tape library, and within 3 hours of initiation for data stored outside the tape library. If acclimatization is required, restores will commence within 30 minutes of completion of acclimatization.

Restore SLA Process
A restore of data – files, file systems and/or databases, as applicable – will be considered successful once the data to be recovered has been transferred from the tape to Customer's primary storage space in the same condition in which it was backed up. If, as a result of Verizon's actions or inactions, any restore is not successful or does not commence within the above time limits, the Restore will by deemed an unsuccessful restore"

Restore SLA Remedy

If Verizon is unable to successfully restore from the tape to Customer’s primary storage space in the same condition in which it was backed up, Customer may request a service credit equal to a percentage of the application monthly recurring backup charges as noted in the table below. See also the Local Tape Backup and Restore SLA Remedy section below.

Table 2 – Restore Success Service Credits



Monthly Unsuccessful Restores	Service Credit Percentage (maximum)
1	5%
2	8%
3	10%
4	12%
5 and above	15%



Restore SLA Restrictions
The SLA for Restore Services will not apply to any failed restore resulting from Scheduled Maintenance (see below) or (a) any Customer circuits or equipment, (b) Customer's applications or equipment, or (c) acts of omissions of Customer, or any use or user of the service authorized by Customer.. In addition, Verizon provides no SLA for failed restores due to missing or unreadable data due to open files, open databases, or full file systems at time of backup. If the tape storage period is longer than one year, no time period for commencement applies.

Scheduled Maintenance for Restore SLA
Scheduled maintenance for Restore will mean any Backup Services systems-related maintenance at the Verizon data center at which Customer's server is located of which Customer is notified 72 hours in advance. Information regarding Scheduled Maintenance will be provided to Customer's designated point of contact by a method elected by Verizon (telephone, email, fax or pager). Maintenance windows for Backup Services systems are typically scheduled on an individual basis to eliminate impact on scheduled backups.

Tape Backup and Restore SLA Remedy
Verizon's records and data will be the basis for all Backup and Restore SLA calculations and determinations. The maximum amount of credit in any calendar month for all Backup and Restore SLAs, in the aggregate, will not exceed 50% of the total charges that would have been charged by Verizon that month for the affected Backup and Restore Service.

Verizon will apply the greater of (i) the Local Tape Backup Credits or (ii) the Restore Success Service Credits, but not both.



10. Load Balancing Service Availability SLA Standard
    
    Load Balancing Service Availability SLA Standard
    Verizon's Load Balancing Service Availability SLA provides that the Verizon Load Balancing Service (as defined in the applicable Service Attachment) will be available 100% of the time.
    
    Load Balancing Service Availability SLA Process
    This SLA applies only if Customer opens a trouble ticket requesting an SLA investigation with Verizon technical support within five days of the end of the month in with the Load Balancing Unavailability occurred. At Customer's request, Verizon will calculate the "Load Balancing Unavailability" in a calendar month. “Load Balancing Unavailability” consists of the number of minutes that the Verizon Load Balancing Service was not available to Customer except as provided in the exclusion below. Load Balancing unavailability does not include (a) Load Balancing unavailability which Customer fails to report to Verizon within 30 days from the date the SLA was not met, or (b) any unavailability resulting from: (i) Verizon Load Balancing maintenance as defined under “Scheduled Maintenance” (as defined in this Section 10 below); (ii) Customer's applications, equipment, or facilities; or (iii) acts or omissions of Customer, or any use or user of the service authorized by Customer.
    
    Scheduled Maintenance for Load Balancing Service Availability SLA
    Scheduled Maintenance will mean any maintenance at the Verizon data center at which Customer's server is located (a) of which Customer is notified 72 hours in advance, and (b) that is performed during a standard maintenance window of 12AM to 6 AM local time of the Verizon data center at which Customer's server is located. Information regarding Scheduled Maintenance will be provided to Customer's designated point of contact by a method elected by Verizon (telephone, email, fax or pager). Verizon reserves the right to perform maintenance outside of the normal maintenance window to make any necessary changes during an emergency situation.
    
    Load Balancing Service Availability SLA Remedy
    If the Load Balancing Service Availability SLA is not met during any given calendar month in accordance with the above, Customer may request a credit for that month. The credit will consist of an amount equal to one day of the Load Balancing monthly Recurring charge for each cumulative hour of Load Balancing unavailability or fraction thereof in any calendar month. The total credit will not exceed the total monthly recurring Load Balancing charge for the affected month. The Customer will receive credits under this SLA even if Customer receives a credit under the Data Center Internet Bandwidth Availability SLA.
    
    
    
11. Denial of Service Response Time Standard (this SLA only applies if Customer opens a trouble ticket
    Verizon will respond to Denial of Service attacks reported by Customer within 15 minutes of Customer opening a complete trouble ticket with Verizon Customer Support. A Denial of Service attack is defined as more than 95% bandwidth utilization.
    
    Denial of Service Response Time SLA Process
    To open a trouble ticket for Denial of Service, Customer must call Verizon at 1-800-900-0241 and state: “I think I am under a Denial of Service Attack”. A complete trouble ticket consists of Customer’s Name, Account Number, Caller Name, Caller Phone Number, Caller Email Address and Possible Destination IP address / Type of Attack.
    
    Denial of Service Response Time SLA Remedy
    If Verizon fails to meet the Denial of Service Response SLA in a calendar month, Customer may request a credit for one day of charges for the Data Center Internet Bandwidth service associated with Customer’s Data Center Colocation/Internet Colocation agreement. The total credit will not exceed Customer’s total monthly recurring Data Center Internet Bandwidth charges. Customer may obtain no more than one credit per day, regardless of the number of Denial of Service SLA non-compliances during the day. Verizon will use trouble tickets and other appropriate Verizon records to determine, in its sole judgment, SLA compliance. Customer must request a credit from Verizon no later than 30 days after the Denial of Service attack occurred.
    
    
    
12. Total SLA Credits for Data Center Internet Bandwidth and Space
    
    The total amount of credits under all of the above SLAs for which Customer may be eligible in any month will not exceed the Verizon monthly recurring charge for the affected Data Center Colocation.
    
    Other Data Centers:
    
    U.S. Data Center Colocation for Standard and Advanced Data Centers
    The service level agreements associated with Data Center Colocation for Standard and Advanced Data Centers depend on the connectivity that customers obtain in conjunction with the Standard and Advanced Data Centers. The SLA above does not apply to Standard and Advanced Data Centers. Please contact your Verizon account representative to obtain a copy of the SLA that may be applicable to the network connectivity selected.