This agreement sets forth the service terms and conditions specific to individual Services contracted by Customer from Voxel dot Net, Inc (“Voxel”). This Agreement is governed by, and incorporated by reference in, the Master Services Agreement between Customer and Voxel, which is required for this Agreement to be valid.

Voxel will provide Customer with a comprehensive warranty for contracted services provided by Voxel to Customer. This Service Level Agreement (“Agreement”) defines specific representations and warranties provided to Customer for individual services. The Agreement clearly identifies available recourse to Customer for any specific breaches of the Agreement by Voxel.

Warranties of the Voxel IP Network

Voxel invests heavily in its IP Network and believes that our customers require an absolute guarantee on their IP delivery. Voxel provides protected IP services with its dedicated hosting infrastructure and highly recommends protected IP services be utilized for all mission-critical applications. In that spirit, Voxel guarantees:

The Voxel IP Network will be Free From Errors and Interruptions 100.00% of the Time

Protected IP Services: Voxel guarantees that appropriately configured devices on the Voxel IP Network will be able to transmit information across any two (2) end points of the Voxel IP Network 100% of the time. In the event that Voxel fails to provide this level of service, Customer will be eligible for an SLA credit of 5% of the monthly fees per 0.05% of the given month for affected services.
Unprotected IP Services: Voxel guarantees that appropriately configured devices on the Voxel IP Network will be able to transmit information across any two (2) end points of the Voxel IP Network 95% of the time. In the event that Voxel fails to provide this level of service, Customer will be eligible for an SLA credit of 5% of the monthly fees per 0.05% of the given month for affected services, up to 50% of the monthly service billing.

Packet Loss Between any Two (2) Endpoints on the Voxel IP Network will be 0.1% or Less

Voxel guarantees that average packet loss, calculated over any five (5) minute period, between any two (2) endpoints on the Voxel IP Network, will be less than of 0.1%. In the event that Voxel fails to provide this level of service, Customer will be eligible for an SLA credit of 5% of the monthly fees per 0.1% of the given month for affected services.

Transmission Latency Between any Two (2) Endpoints in the Continental United States will be 120ms or Less

Voxel guarantees that average transmission latency, calculated over any five (5) minute period, between two (2) endpoints in the Continental United States on the Voxel IP Network, will be less than 120ms. In the event that Voxel fails to provide this level of service, Customer will be eligible for an SLA credit of 5% of the monthly fees per 0.1% of the given month for affected services.

Warranties of Dedicated Hosting Infrastructure

Voxel believes in providing only the highest quality infrastructure equipment for its Customers and understands the need for reliable hardware at all points of the infrastructure chain. In that spirit, Voxel guarantees:

All Dedicated Hardware will be Free of Problems or Replaced Within one (1) hour

Voxel guarantees that all production hardware, including servers, switches, load balancers, firewalls, and power distribution units, will be free of hardware problems. If a hardware device suffers full or partial hardware-level failure that causes the device to stop operating in an optimal manner, Voxel will replace the hardware within one (1) hour after the hardware has been determined to be at fault. In the event that Voxel fails to provide this level of service, Customer will be eligible for an SLA credit of 5% of the monthly fees per 0.1% of the given month for this service.

Warranties of VoxCAST Content Delivery

Voxel’s VoxCAST OnDemand Content Delivery service is a distributed and redundant system for the delivery content to the Internet in high volumes and with excellent performance. In that spirit, Voxel guarantees:

The VoxCAST Content Delivery Network will be Free From Errors and Interruptions 100.00% of the Time

Voxel Guarantees the availability of VoxCAST and content served via the VoxCAST Content Delivery service to be free from interruption and available 100.00% of the time, pending the availability of properly formatted origin content. In the event that Voxel fails to provide this level of service, Customer will be eligible for an SLA credit of 5% of the monthly fees per 0.05% of the given month for this service.

Warranties of Critical Datacenter Infrastructure

Voxel invests heavily in its datacenter infrastructure to support the services and dedicated infrastructure provided to its Customers. In that spirit, Voxel guarantees:

Critical Datacenter Infrastructure will be Free From Errors and Interruptions 100.00% of the Time

Voxel guarantees that power and cooling capacity of the facilities housing dedicated Customer Infrastructure will be free from interruptions or downtime 100.00% of the time. Critical datacenter infrastructure downtime occurs when a power or cooling problem results in the shut down (due to power loss or overheating) of customer equipment. In the event that Voxel fails to provide this level of service, Customer will be eligible for an SLA credit of 5% of the monthly fees per 0.1% of the given month for affected services.

Warranties of Managed Server Software

Voxel understands that the software managed on top of Voxel-provided hardware, network and delivery infrastructure is a critical component for service availability. As such, Voxel offers specific managed server software stacks and plans for its dedicated customer installations. In that spirit, Voxel guarantees:

Managed Server Software will be Free From Errors and Interruptions 100.00% of the Time

Voxel guarantees that all the dedicated managed server software that resides on the Dedicated Customer Installation will be always-on, free of configuration problems caused by Voxel, free of avoidable security risks, and that any configuration or software issues that cannot be automatically recovered by our monitoring tools will be looked into and repaired at no cost to Customer within 1 hour.
The always-on guarantee extends only to Managed Server Software running on Dedicated Infrastructure and described in a valid Voxel Service Order. The configuration problem guarantee extends to all aspects of software configuration managed directly and soley by Voxel. The security risk guarantee extends to all known related software security holes that have a stable vendor-released patch publicly available, and for which it does not interfere with any software version dependencies as previously provided by the customer to Voxel. The security risk guarantee does not extend to Customer’s custom software or to recompilation of Customer’s custom software with patched, unsupported, third-party libraries.
Managed Server Software downtime occurs when a managed process stops running, a client cannot successfully connect and the processes have not exceeded hardware or network limitations, or clients cannot successfully connect because software processes have exceeded hardware or network limitations as a result of Voxel improper configuration to reasonably optimal settings for the customer’s hardware and known software configuration, or Voxel has incorrectly configured the software such that the customer’s data is not available as the customer instructed.

In the event that the Managed Server Software is not repaired within 1 hour, the customer is eligible for an SLA credit of 5% of the monthly fees for all affected services per 0.1% of the given month that the Managed Server Software process is not restored, up to 100% of the monthly fees for all affected services.

SLA Claims and Exceptions to Coverage

Claiming an SLA Credit

In order to initiate a claim for a service credit, Customer must contact Voxel’s customer support department within seven (7) business days after the end of the month for which credit is requested. The service credit request must include the following information (a) customer name and contact information (b) the date and time that the problem started and was resolved (c) a description of the characteristics of the claimed outage or failed metric (d) ticket numbers or other documentation demonstrating that the customer notified Voxel of the claimed actionable issue Voxel will notify the customer via e-mail of the resolution of the request. If Voxel rejects the request for an SLA credit, a reason for the rejection will be detailed. If the request is approved, Voxel will issue all SLA credits to the Customer’s account that will appear on the next invoice issued. Multiple service credits cannot be overlapped on the same service (i.e. Failure to meet multiple metrics during the same period of time cannot be stacked up). In no circumstances will the total monthly credit exceed the total monthly charge actually paid by the customer for service during the month in question. Service credits will be credited against a Customer’s account and may not be received in the form of a refund, except that if any credits remain unused at the termination or expiration of the Agreement, Voxel will provide such credits to Customer in the form of a cash payment.

Exceptions to Coverage

Customer shall not receive any credits under the SLA in connection with any failure or caused by:

Circumstances beyond Voxel’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, acts or omissions of a third party not engaged or authorized by Voxel, embargo, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications outside of Voxel’s control, failure or delay of third party services or software;
Failure of access circuits to the Voxel IP Network, unless such failure is caused by Voxel;
Usage patterns or traffic that exceeds the reasonable performance parameters of Customers specific installation;
Downtime caused by scheduled maintenance, when at least 7 days prior notice is provided, is not eligible for SLA credit.
Downtime caused by emergency maintenance, when at least 48 hours notice is provided, is eligible for 50% of normally calculated SLA credits;
DNS issues outside the direct control of Voxel;
False SLA breaches reported as a result of outages or errors of any Voxel measurement system;
Customer’s acts (or act of others engaged or authorized by Customer), including without limitation, any negligence, willful misconduct, or use of the Voxel IP Network or Voxel services in breach of Voxel’s Master Services Agreement or Voxel’s Acceptable Use Policy;
Outages or downtime associated with Customers’ designated non-production (staging, testing or development) infrastructure that is unrelated to hardware or network failures;
SLA Credit is not available to Customer’s deemed in “Poor Standing”, as defined in the Voxel Master Services Agreement;
Services that are affected as a result of an SLA event on a dependent Service are also eligible for claim. Any such credit will be limited to a maximum of one per service;
Services deployed in a redundant manner that continue to perform without error or end-user impact, are not eligible for SLA credit.