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theNoise is proud to offer an exceptional
level of performance, reliability, and service. That is why we
are making commitments to our customers in the form of a Service
Level Agreement (SLA) which provides certain rights and remedies
regarding the performance of theNoise network. theNoise SLA
guarantees our network/equipment reliability and performance.
This SLA applies to customers of theNoise hosting,
reseller, or dedicated servers.
Uptime Guarantee
theNoise strives to maintain a 99.5% network and server uptime service
level. This uptime percentage is a monthly figure, and is is calculated solely
by theNoise monitoring systems or theNoise authorized/contracted
outside monitoring services. If theNoise 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.
The maximum amount theNoise will credit is a full month's service. 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 theNoise 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...Verizon™ cutting
a fiber line somewhere), Backbone peering point issues (ie...UUnet™ having
a router go down in Virginia that wipes out internet service
for the entire East Coast) Scheduled maintenance for hardware/software
upgrades DNS issues not within the direct control of theNoise;
or
- Client’s acts or omissions, including
without limitation, any negligence, willful misconduct, or
use of theNoise service(s) in breach of theNoise Acceptable
Use Policy (AUP), by Client
or others authorized by Client.
Connectivity
theNoise's goal is to make theNoise 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 theNoise service failure for more than 15 consecutive minutes,
excluding service failures relating to theNoise's scheduled maintenance
and upgrades. theNoise network does not include client premises
equipment or any Telco access facilities connecting Client's premises to such
infrastructure.
Measurement
theNoise will periodically (on average every 10 minutes) monitor theNoise network
and server availability using software and hardware components capable of measuring
application traffic and responses. Client acknowledges that such measurements
may not measure the exact path traversed by Client’s internet connection,
and that such measurements constitute measurements across theNoise network
but not other networks to which Client may connect. theNoise reserves
the right to periodically change the measurement points and methodologies it
uses without notice to Client. Full network and server reporting will be made
available to Client upon request.
Hardware Failure
theNoise stands behind all equipment on our network. Faulty hardware
is rare, but cannot be predicted nor avoided. theNoise co-locates their servers
with respected, secured, hardened, and experienced service providers that
utilize only name brand hardware of the highest quality and perfomance.
theNoise's co-location provider will
replace all faulty hardware affecting performance levels of equipment within
12 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 hardware engineers
or backbone provider emergency personnel to correct the problem. Router failure
is governed by current contracts with our co-location provider and backbone
providers in regard to the emergency repair service in case of such an issue.
theNoise co-location provider 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
Credit requests must be made directly to theNoise. Each request in connection
with network/server outages/downtime must be received by theNoise within
five days of the occurance. Each request in connection with Average Round-Trip
Latency or Average Packet Loss in a calendar month must be received by
theNoise within five days
after the end of such month. The total amount credited to a Client for theNoise
not meeting SLA service levels will not exceed the service fees paid by
Client to theNoise for such services for the period in question.
Each validly requested credit will be applied to a Client invoice within
thirty (30) days after receipt
by theNoise of such request. Credits are exclusive of any applicable taxes
charged to Client or collected by theNoise. Upon Client’s
request (in accordance with the procedure set forth herein), theNoise will
issue a credit to Client for network/server outages/downtime occurring
during any calendar month that are reported by Client to theNoise and
confirmed by theNoise measurement
reporting. Such credit will be equal to one MONTH’s worth of
service.
Account cancellations
Your account can be cancelled ONLY by contacting theNoise directly. Other methods
of cancellation are not valid. Any refunds due at the time of notification
of cancellation will not include partial months.
General
theNoise 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. theNoise
will attempt to notify clients at the last known e-mail address provided
by Client to theNoise. Except as set forth in this SLA, theNoise makes
no claims regarding the availability or performance of theNoise network
or servers. Specific terms/points of this SLA may be adjusted on a case
by case basis by the specific Service Agreement signed and agreed to by
client. In case of difference terms/points in this SLA and the Client's
Service Agreement, the Service Agreement terms/points prevail over this
general SLA policy. The Service Agreement signed and agreed to 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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