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Verio Backbone SLA Terms and Conditions

1. Application of Verio Backbone SLA

   These Verio Backbone Service Level Agreements (SLAs) provide Customers in North America with certain rights and remedies regarding the performance of the Verio Backbone (as defined below). These Verio Backbone SLAs apply only to North American Customers receiving the following services from Verio: (i) T1, T3, OC3, OC12, OC48 or Ethernet services, and/or (ii) colocation or dedicated server services utilizing the Verio Backbone (each a “Customer”), unless otherwise specified for a Customer.

2. Definitions

   For purposes of these Verio Backbone SLAs, the following terms have the meanings set forth below:

   • “Verio Backbone” means Verio owned and operated Internet Protocol (IP) routing infrastructure consisting solely of selected Verio points of presence at which Verio has installed measurement devices ("Selected POPs") (i) within the United States and the connections between them in the forty-eight continental United States (the "North American Network"), (ii) within Europe and the United States and the Trans-Atlantic connections between such Selected POPs (the "Trans-Atlantic Network") and (iii) within Asia and the United States and the Trans-Pacific connections between such Selected POPs (the "Trans-Pacific Network").
   • “Network Outage” means an instance in which no traffic can pass in or out of the Selected POP through which Customer connects to the Verio Backbone for more than 15 consecutive minutes.
   • “Latency” means the average time required for round-trip packet transfers between Selected POPs on the selected portions of the Verio Backbone during a calendar month, as measured by Verio.
   • “Packet Loss” means the average percentage of IP packets transmitted between Selected POPs during a calendar month that are not successfully delivered, as measured by Verio.
   • “Average Jitter” means the average variation in delay for packet transfers between Selected POPs during a calendar month, as measured by Verio.
   • “Maximum Jitter” means the maximum variation in delay for packet transfers between Selected POPs, as measured by Verio.
   • “Base Fee” consists solely of the base monthly fee paid by Customer for the affected Verio service and excludes all other fees which might be charged to Customer, including, by way of example and not limitation, set-up fees, fees for local loop, space rental fees, charges for additional services such as managed services, incremental bandwidth usage, electricity, extra IP addresses, RAM, or hard drives beyond that which is available without additional charge under Verio’s standard rates, hourly support charges, and other types of optional additional services.

     For example, for Dedicated Server Customers, the Base Fee may include just the fee for the standard server package, which would cover the use of the server and up to the amount of data transfer allowed each month without additional charge. For Customers of other Verio services, the Base Fee may include just the base monthly access or bandwidth fee paid by a Customer.

3. Summary of Verio Backbone SLAs

   As described in more detail below, these Verio Backbone SLAs provide commitments based upon goals in four key areas:

   • The Verio Backbone available to Customer free of Network Outages 100% of the time.
   • Latency of the Verio Backbone of (i) 50 milliseconds or less for the North American Network, (ii) 90 milliseconds or less for the Trans-Atlantic Network and (iii) 130 milliseconds or less for the Trans-Pacific Network.
   • Packet Loss of the Verio Backbone of 0.1% or less.
   • Average Jitter on the Verio Backbone of 250 microseconds or less; and Maximum Jitter not to exceed 10 milliseconds more than 0.1% of the time.
4. Verio Backbone Availability

   Verio’s goal is to make the Verio Backbone available to Customer free of Network Outages 100% of the time.

   Subject to Sections 9 and 10 below, upon Customer’s request, Verio will issue a credit to Customer for Network Outages in an amount equal to one day’s worth of the Base Fee paid by Customer, multiplied by each hour (or portion thereof rounded to the next hour) of the cumulative duration of such Network Outages during a particular month.

5. Verio Backbone Latency

   Verio’s goal is to keep Latency on the Verio Backbone to (i) 50 milliseconds or less for the North American Network, (ii) 90 milliseconds or less for the Trans-Atlantic Network and (iii) 130 milliseconds or less for the Trans-Pacific Network.

   Subject to Sections 9 and 10 below, if Latency on the North American Network, the Trans-Atlantic Network or the Trans-Pacific Network, as applicable, for a calendar month exceeds the time frame set forth above for the applicable portion of the Verio Backbone, Verio will issue a credit to Customer equal to one day’s worth of the Base Fee paid by Customer for such month.

   The terms of this Verio Backbone SLA related to Latency will take effect the first full calendar month after Customer’s first use of the Verio Backbone.

6. Verio Backbone Packet Loss

   Verio’s goal is to keep Packet Loss on the Verio Backbone to 0.1% or less. If Packet Loss on the Verio Backbone exceeds 0.1% during a calendar month, Verio will issue a credit to Customer equal to one day’s worth of the Base Fee paid by Customer for such month.

   The terms of this Verio Backbone SLA relating to Packet Loss will take effect the first full calendar month after Customer’s first use of the Verio Backbone.

7. Verio Average and Maximum Jitter

   Verio’s goal is to keep Average Jitter on the Verio Backbone to 250 microseconds or less; and for Maximum Jitter not to exceed 10 milliseconds more than 0.1% of a calendar month. Subject to Sections 9 and 10 below, if Average Jitter on the Verio Backbone exceeds 500 microseconds; or if Maximum Jitter exceeds 10 milliseconds more than 0.1% of a calendar month, Verio will issue a credit to Customer equal to one day’s worth of the Base Fee paid by Customer for such month.
   The terms of this Verio Backbone SLA relating to Jitter will take effect the first full calendar month after Customer’s first use of the Verio Backbone.

8. Measurement

   Verio will periodically (on average every 5 minutes) measure the Verio Backbone at Selected POPs using software and hardware components capable of measuring traffic and responses at such Selected POPs. Customer acknowledges that not every POP may be covered by such measurements, that such measurements may not measure the exact path traversed by Customer’s packets, and that such measurements constitute measurements across the Verio Backbone but not other networks to which Customer may connect. Verio reserves the right to periodically change the measurement points and methodologies it uses without notice to Customer. For reports of performance of the Verio Backbone, please refer to the relevant links provided on this Web page.

9. Exceptions

   Customer shall not receive any credits under these Verio Backbone SLAs in connection with any failure or deficiency of the Verio Backbone caused by or associated with:

(i) circumstances beyond Verio’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, 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 Verio Backbone SLAs;
(ii) failure of access circuits to the Verio Backbone, unless such failure is caused solely by Verio;
(iii) scheduled maintenance and emergency maintenance and upgrades;
(iv) DNS issues outside the direct control of Verio;
(v) false SLA breaches reported as a result of outages or errors of any Verio measurement system; or
(vi) Customer’s acts or omissions (or act or omissions of others engaged or authorized by Customer), including without limitation, any negligence, willful misconduct, or use of the Verio Backbone or Verio services in breach of Verio’s Terms and Conditions of Service or Verio’s Acceptable Use Policy.

10. Credit Request and Payment Procedures

    In order to receive a credit, Customer must make a request therefor on Verio’s Web site at SLA reporting pages. Each request in connection with a Network Outage must be received by Verio within seven days of the Network Outage and must be confirmed by Verio’s measurements of the Verio Backbone. Verio must receive each request in connection with Latency or Packet Loss in a calendar month within seven days after the end of such month.

    Each valid credit will be applied to an invoice of Customer within two billing cycles after Verio’s receipt of Customer’s request therefore. Credits are exclusive of any applicable taxes charged to Customer or collected by Verio.

    Notwithstanding anything in this Verio Backbone SLA to the contrary, the total amount credited to a Customer in connection with Network Outages, Latency, Jitter and Packet Loss in any calendar month will not exceed the Base Fee paid by Customer for such month.