CLOUD Service Level Agreement ("CSLA")

This 100% Guaranteed, 99.99% Uptime Service Level Agreement ("SLA") and others referenced in the Terms of Service, form a binding agreement (the "Agreement") between Arcus Networks and Customer. Terms defined in the Terms of Service will have the same meaning when used in this SLA.
 
This SLA covers the following elements of the Service:
·    Host Server Uptime 
·    Persistent Storage 
·    Network Uptime 
·    Cloud Storage 
·    Server Reboot 
·    Support Response Time 
·    Physical Security 
·    Engineering Support 
This SLA does not apply to any feature of the Service not specifically identified in the SLA, or to any feature Arcus Networks (“Arcus”) identifies as "beta." If Arcus Networks chooses to provide SLA credits for beta features, such choice will not impose any obligation on Arcus Networks, and Arcus Networks may reverse such choice at any time.
I. REMEDIES FOR SERVICE FAILURE
This SLA lists certain Arcus Networks standards for provision of the Service, and it offers Customer a Service Credit (as defined below) for any failure to meet those standards. This SLA also lists several additional Service standards—standards of quality Arcus Networks strives to meet, even though they're not guaranteed or subject to credits, and even though Customer might not notice any failure to meet some of them. These additional standards are listed alongside the credit standards below, for informational purposes only, to provide a sense of Arcus Networks's commitment to excellence. (Each listing of a standard below states whether it's a credit standard or an additional one.)
A. 100% Guaranteed
(1) If the Service does not achieve the performance levels described in Parts II, IV, V, and VIII below ("Failure"), Arcus Networks will provide Customer with a Service Credit (as defined below), pursuant to the provisions, requirements, and limitations of this SLA, including Parts IX through XI
(2) A "Service Credit" is a one-to-one credit of Customer's fees for the impacted Service feature for the duration of the Failure. (For example, where applicable: a Failure lasting seven (7) hours would result in credit of seven (7) hours of free service for the feature in question.  No credit will exceed one hundred percent (100%) of Customer's fees for the Service feature in question for the then-current billing month.
(3) Each Service standard described below lists the fees that are subject to the Service Credit. As used in those listings: (a) "Memory Hours Fees" refers to fees for RAM (Random Access Memory) allocated to Customer's virtual server, whether it is online or offline; (b) "Transfer Fees" refers to fees for bandwidth transferred from Customer's virtual server out to the internet; (c) "Cloud Storage Fees" refers to fees for the cloud storage feature of the Service; and (d) "Miscellaneous Fees" refers to fees for any other Service feature
B. Limitations & Warranty Disclaimer
The remedies set forth in this SLA are Customer's sole and exclusive remedies for any Failure or other failure of the Service, including without limitation for any breach of warranty, except as specifically set forth in the Agreement.
PERFORMANCE PURSUANT TO PARTS III, VI, VIII, IX, AND X BELOW IS NOT GUARANTEED, AND NEITHER THIS SLA NOR ANY OTHER PORTION OF THE AGREEMENT PROVIDES CREDITS OR OTHER REMEDIES FOR FAILURES TO MEET THE STANDARDS LISTED THERE.
II. HOST SERVER UPTIME
Individual servers will deliver 99.9% uptime as monitored within the Arcus Networks network by Arcus Networks monitoring systems. Only failures due to known Arcus Networks problems in the hardware and hypervisor layers delivering individual servers constitute Failures and so only they are covered by this SLA. Examples of Failures include power interruptions, hardware problems such as failures to a hard drive or power supply, and failures to the hypervisor environment supporting Customer servers. Problems related in any way to the Customer server operating system or any other software on the customer server, or to the actions of Customers or third parties, do not constitute Failures and so are not covered by this SLA.
Credits for this Part II will be issued against Memory Hours Fees only. A credit will be issued for the period (i) starting when a Case (as defined below in Part IX.A) is filed by Customer or by Arcus Networks support representatives and (ii) ending when the server returns to an online state.
III. PERSISTENT STORAGE
Arcus Networks will make reasonable efforts to insure that server storage is "persistent". In the event of hardware or software Failures as defined in Part II above (Server Uptime), Arcus Networks will attempt to return the Customer server to service in the same state as it was prior to the failure, including:
·    Networking configuration such as public and private IP addresses and VLAN; 
·    Operating system and existing configuration; 
·    Application software as configured by Customer; and 
·    Data. 
Furthermore, these efforts will include supporting the Customer via telephone, chat or Email at the Customer's choosing.
(Example: in the event of a failure to a mother-board supporting a Customer server, the mother-board will be replaced and the Server will be returned to service, rebooted, with the same IP address, VLAN, networking configuration, operating system configuration, application software and data on the hard-drive.)
Arcus Networks is not required to make more than commercially practical efforts, and Arcus Networks will determine in its sole discretion the extent of effort appropriate in recovering Customer environments and data. Recovering data after more than one disk fails in a RAID array or other comparably complex recoveries are beyond the scope promised. Arcus Networks is not required to assist with any application software and only supports a limited set of common operating systems that have not been modified by the Customer. No guarantee whatsoever is provided on the success of the recovery.
IV. NETWORK PERFORMANCE
Arcus Networks will deliver 99.9% Uptime, as defined in Part III.B below. In addition, Arcus Networks will deliver network performance meeting or exceeding the specifications listed in this Part III.
A. Network Performance Terms
·    "Jitter" means variation in Latency. 
·    "Latency" refers to the amount of time it takes for a packet of data to travel from one point to another. 
·    "Maximum Jitter" means the highest permissible level of jitter within a given period when there is no Network Outage. 
·    "Network Outage" means an unscheduled period during which IP services are not useable due to capacity-constraints on the Arcus Networks network or a hardware failure in the Arcus Networks network. 
·    "Packet Loss" means Latency in excess of 10 seconds. 
All Jitter, Latency, and Packet Loss metrics below are monthly averages, unless otherwise noted in this Part II.
B. Internal Network Performance
"99.9% Uptime" means the following, all as described in this Part II.B:
·    Network Outage: None 
·    Packet loss < 0.1% 
·    Latency < 5ms 
·    Jitter < 0.5ms 
Maximum Jitter: 10 milliseconds within any 15-minute period.
C. External Network Performance
At least two (2) of the specified networks in each continent will meet the performance specifications listed below at any given time, as measured by Arcus Networks. Arcus Networks may change the specific measured hardware devices without notice. 
D. Limitations
This SLA does not cover (without limitation): (a) network performance to Customer's physical location or internet access point (such as a local DSL/cable modem); or (b) failures due to denial of service attacks.
E. Credits
Credits for this Part IV will be issued against prepaid Transfer Fees only, and not against pay-as-you-go Transfer Fees or any other fees. (Pay-as-you-go Transfer Fee plans are not covered in this Part IV due to the inherit difficulty in quantifying transfer during the outage period.)
All credits are null and void if any administrators other than Arcus are requested by Client on the system.
V. CLOUD STORAGE
A cloud storage Failure occurs when Customer cannot retrieve data because of problems with hardware and software in Arcus Networks's control. Data retrieval issues caused by problems connecting to the Service, including without limitation problems on the Internet, do not constitute Failures and so are not covered by this SLA. Under no circumstances will Arcus Networks be responsible for the restoration of any data to cloud storage or for the loss of any data. 
Customer will receive a service credit for the period of time staring when a Case is filed requesting assistance in accessing Customer data until the service is reinstated.
Credits for this Part V are issued against the currently utilized amount of Cloud Storage Fees only, based on the current rate paid by Customer.
VI. SERVER REBOOT
Host Server power cycling: < 15 minutes
Regular scheduled host server reboots are required on a monthly basis and all clients are notified 48 hours prior to reboot time.  Host server reboots do not affect virtual servers.
VII. SUPPORT RESPONSE TIME
·    EMERGENCY Cases - 60 minutes 
·    The following are the EMERGENCY categories: 
o    Host Server down 
o    Host Packet loss 
o    Host Routing issue 
·    All other Cases - 120 minutes 
A tracking number will be provided to Customer promptly after opening of the Case, and a human support engineer will review the support request within the timeframe listed above. Arcus Networks may reclassify any Case misclassified as falling into one of the EMERGENCY categories listed above, and such Case will not qualify for EMERGENCY treatment. Resolution and repair times vary, and this SLA does not address them.
VIII. DOMAIN NAME SERVICES
Primary DNS availability: 100%
"DNS" means domain name server. A period of DNS failure is any time during which 100% of Arcus Networks's Domain Name Servers simultaneously fail to respond to requests for name resolution. This SLA does not guarantee propagation of DNS data across the Internet or the hosting of secondary DNS service for Customer's primary domain in another location, and it does not guarantee against zone inaccuracies due to operator error.
Credits for this Part VIII will be issued against prepaid Transfer Fees only, and not against pay-as-you-go Transfer Fees or any other fees.
IX. PHYSICAL SECURITY
24 x 365 on-site security
Arcus Networks will ensure the presence of a professional security guard in the computer server hosting facilities at all times, charged with enforcing Arcus Networks's security policies. (Those policies require, among other things that Arcus Networks employees, vendors, and visitors wear a badge and that authorized visitors who have not been issued a permanent badge leave a valid U.S. driver's license or passport with the guard while in the Facility.)
X. 24 x 365 ENGINEERING SUPPORT
24 x 365 Engineering Support 
Arcus Networks will maintain support actively 24 hours per day, every day of the year, monitoring Arcus Networks's network operations center ("NOC") and assisting customers.
XI. CREDIT REQUIREMENTS
The following are required for credits:
A. Customer must open a support case (a "Case") during the Failure in question. Customer will open all Cases through the Customer Portal. In opening a Case, Customer will provide complete information regarding the nature of the problem, including any information reasonably necessary for diagnosis and correction, by following the Case opening procedures at the Customer Portal. However, at Arcus Networks's sole discretion, an Arcus Networks representative may open a Case for Customer, without use of the Customer Portal, and Customer will provide all information required in the preceding sentence to the support representative. Customer will provide the information required in this Part XI.A even if Arcus Networks provides monitoring services.
B. Customer must provide Arcus Networks with accurate and complete designated points of contact, using the Customer Portal. Customer must provide Arcus Networks with accurate passwords for maintenance and repair use by Arcus Networks engineers. Delays or failures caused by Customer's failure to abide by the requirements of this Part IX.B do not constitute Failures.
XII. CREDIT LIMITATIONS
A. The minimum period of Failure eligible for a credit is 15 minutes, and shorter periods will not be aggregated. The maximum credit for any single Failure is one month's Service fees. In the event that multiple periods of Failure overlap in time, credits will not be aggregated, and Customer will receive credit only for the longest such period of Failure. Arcus Networks is not required to issue multiple credits for a single incident; in the event that a single incident calls for credits pursuant to multiple Parts of this SLA, Arcus Networks may decide, in its sole discretion, which credits to award. The maximum credit during a single calendar year, for all Service features combined, is two months' Service fees, regardless of the length of Failure or the number of occurrences. The period of Failure for Server Uptime, Network Performance, and Domain Name Services (Parts II, IV, and VIII above) begins when Customer opens a Case and ends when the Failure is remedied.
B. In the event that credits for any calendar month exceed 25% of Arcus Networks's revenues for such period, Arcus Networks may reduce and pro-rate the value of credits given to all Customers for such period so that the aggregate credit given to all Customers does not exceed 25% of revenues. As used in the previous sentence, "Arcus Networks's revenues" and "all Customers" refer to revenues and customers from Internet hosting services sold under the "Arcus Networks" brand, and not to revenues or customers from any other business unit operating under another name or providing services other than or in addition to Internet hosting. Arcus Networks may employ such accounting procedures as it chooses in calculating revenues, in its sole discretion, and nothing herein will be construed to require that Arcus Networks disclose non-public information about its finances to Customer or to any party.
C. Credits available pursuant to this SLA apply only to future service delivery. Arcus Networks is not required to provide refunds pursuant to this SLA. If Customer retains a credit balance on termination of the account in question, such credit is forfeited. Notwithstanding the foregoing, credits will not be applied against fees for professional services, bundled support, or setup fees.
D. Notwithstanding any provision to the contrary in this SLA, the following do not constitute Failures: (1) downtime during scheduled maintenance or Emergency Maintenance (as defined below) periods; (2) outages caused by acts or omissions of Customer, including its applications, equipment, or facilities, or by any use or user of the Service authorized by Customer; (3) outages caused by hackers, sabotage, viruses, worms, or other third party wrongful actions; (4) DNS issues outside of Arcus Networks 's control; (5) outages resulting from Internet anomalies outside of Arcus Networks 's control; (6) outages resulting from fires, explosions, or force majeure; (7) outages to the Customer Portal, and (8) failures during a "beta" period. "Emergency Maintenance" refers to any corrective action intended to remedy conditions likely to cause severe Service degradation, as designated by Arcus Networks in its sole discretion. Emergency Maintenance may include but is not limited to actions intended to address hardware or software failures or viruses/worms. As provided in Section 6 of the Agreement, Arcus Networks will exercise reasonable efforts to inform Customer in advance before interrupting the Service for Emergency Maintenance, but such notice is not guaranteed and failure thereof does not constitute Failure.
XIII. TERMS OF SERVICE / THE AGREEMENT
Terms defined in the Agreement will have the same meaning when used in this SLA. In the event of any conflict between this SLA and the Agreement, the Agreement will govern.
“Uptime” refers to network performance, as defined in Part IV.B above.

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