Shared Hosting SLA

United States Shared Hosting Service: Service Level Agreement

Service Availability Commitment

Service Availability Commitment Scope: MCI's Service Availability Commitment is to limit Customer's Server unavailability to less than one consecutive hour in any calendar month.

Scheduled Maintenance Scope: Scheduled Maintenance shall mean both (1) any maintenance in the MCI data center at which Customer's Server is located (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 3 AM to 6 AM local time of the MCI data center at which Customer's Server is located and (2) any maintenance of Customer's Server (a) of which Customer is notified 48 hours in advance, and (b) that is performed during a standard maintenance window Monday through Thursday 2 AM to 6 AM Eastern Time. Notice of Scheduled Maintenance will be provided to Customer's designated point of contact by a method elected by MCI (telephone, email, fax or pager).

Service Availability Commitment Process: If Customer opens a trouble ticket with MCI Customer Support within 5 days of Customer's failure to access Customer's Server and MCI determines in its reasonable commercial judgment that the Server is unavailable due to a Server outage caused solely by the items of the service managed exclusively by MCI that outage will be used to calculate Server unavailability for the remedies provided below. A Server shall be deemed to be unavailable if the server is not responding to HTTP requests issued by MCI's monitoring software. MCI's records and data shall be the basis for all service availability calculations and determinations. Scheduled maintenance shall not be deemed to be Server unavailability. Unavailability of Customer's Server due to Customer's web content or application programming, acts of Customer or its agents, network unavailability outside of the MCI Network or events of Force Majeure shall not be deemed Server unavailability for the purpose of this Commitment.

Service Availability Commitment Remedy: If MCI determines in its reasonable commercial judgment that Customer's Server was unavailable for one or more (but fewer than four) consecutive hours during a calendar month, MCI, upon Customer's request, will credit Customer's account for such month the pro-rated charges for one day's service for that server. Or if MCI so determines that the Server was unavailable for four (4) or more consecutive hours during any calendar month, MCI, upon Customer's request, will credit Customer's account for such month for the pro-rated charges for one week's Monthly Charges for that server. Credits will not apply to data transfer charges or to charges for services other than the Monthly Charge for the server for which this Commitment was not met. Customer's account shall not be credited more than once per month under this Service Availability Commitment.

Network Quality

Network Latency Guarantees

North American Network Latency Guarantee Scope: MCI's North American Network Latency Guarantee is average round-trip transmissions of 55 milliseconds or less between MCI-designated inter-regional transit backbone network routers ("Hub Routers") in North America.

European Network Latency Guarantee Scope: MCI's European Network Latency Guarantee is average round-trip transmissions of 55 milliseconds or less between MCI-designated Hub Routers within Europe.

Transatlantic Network Latency Guarantee Scope: MCI's Transatlantic Network Latency Guarantee is average round-trip transmissions of 95 milliseconds or less between a MCI-designated Hub Router in the New York metropolitan area and a MCI-designated Hub Router in the London metropolitan area.

Network Latency Guarantee Process: Latency shall be measured by averaging sample measurements taken during a calendar month between Hub Routers. Each month's Network performance statistics relating to the Network Latency Guarantees shall be posted at http://global.mci.com/about/network/latency/. No credits will be made if failure to meet a Network Latency Guarantee is attributable to reasons of Force Majeure (as defined in the applicable service agreement).

Network Latency Guarantee Remedy: If MCI fails to meet any Network Latency Guarantee in any calendar month, Customer's account shall be automatically credited for that month for the pro-rated charges for one day of the MCI Monthly Charge for the service with respect to which a Network Latency Guarantee has not been met.

Network Packet Delivery Guarantee

North American Network Packet Delivery Scope: MCI's North American Network Packet Delivery Guarantee is packet delivery of 99% or greater between MCI-designated Hub Routers in North America.

European Network Packet Delivery Scope: MCI's European Network Packet Delivery Guarantee is packet delivery of 99% or greater between MCI-designated Hub Routers within Europe.

Transatlantic Network Packet Delivery Scope: MCI's Transatlantic Network Packet Delivery Guarantee is packet delivery of 99% or greater between a MCI-designated Hub Router in the New York metropolitan area and a MCI-designated Hub Router in the London metropolitan area.

Packet Delivery Guarantee Process: Packet Delivery shall be measured by averaging sample measurements taken during a calendar month between Hub Routers. Each month's Network performance statistics relating to the Network Packet Delivery Guarantees shall be posted at http://global.mci.com/about/network/latency/. No credits will be made if failure to meet a Network Packet Delivery Guarantee is attributable to reasons of Force Majeure (as defined in the applicable service agreement).

Network Packet Delivery Guarantee Remedy: If MCI fails to meet any Network Packet Delivery Guarantee in a calendar month, Customer's account shall be automatically credited for that month for the pro-rated charges for one day of the MCI Monthly Charge for the service with respect to which a Network Packet Delivery Guarantee has not been met.

Server Install Guarantee

Server Install Guarantee Scope: MCI's Server Install Guarantee is to have installation of Customer's Server completed within 3 business days for Shared Services.

Server Install Guarantee Process: These dates shall be counted from the date MCI has received all of the following from Customer: signed Service Agreement, completed Customer Information Form, Completed Configuration Form, and (if requested by MCI) completed credit application. The service is deemed to be installed when MCI is prepared to provide to Customer password and login information, enabling installation of Customer's data files on the designated server. The Server Install Guarantee is not available if installation delay is attributable to Customer equipment, acts or omissions of Customer, its employees or agents, Customer not passing MCI's credit check, or reasons of Force Majeure (as defined in the applicable service agreement).

Server Install Guarantee Remedy: Upon receiving from MCI notice that MCI is prepared to provide Customer with password and login information for Customer's server, Customer shall have ten (10) days within which to contact Customer's installation engineer if Customer believes MCI has failed to meet the Server Install Guarantee. If Customer contacts MCI within such ten (10) day period and if MCI determines in its reasonable commercial judgment that MCI has failed to meet this Server Install Guarantee, Customer's account shall be credited 50% of MCI's standard Install Fee for the server with respect to which this Guarantee has not been met.

Denial of Service Response Time SLA
MCI will respond to Denial of Service attacks reported by Customer within 15 minutes of Customer opening a complete trouble ticket with MCI Customer Support. To open a trouble ticket for Denial of Service, Customer must call MCI at 1-800-900-0241 (Option 4) and state: "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 MCI fails to meet the Denial of Service Response SLA, Customer's account will be credited, at Customer's request, the pro-rated charges for one day of the MCI Monthly Fee for the affected Service. Customer may obtain no more than one credit per day, regardless of the number of Denial of Service SLA non-compliances during the day. MCI defines a Denial of Service attack as more than 95% bandwidth utilization. MCI shall use trouble tickets and other appropriate MCI records to determine, in its sole judgment, SLA compliance. Customer must notify MCI no later than 30 days after the Denial of Service attack(s) occurred. To request a credit for Hosting Services, Customer must contact the WCTS and include the Security Operations Center ticket number related to the request. This SLA is only available in the United States.