Pentosys Solutions 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 the Pentosys Solutions network. The Pentosys Solutions Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of Pentosys Solution's Web Hosting, Dedicated Server, Virtual Private Server, Co-location, and Internet Transit/Transport services.

Uptime Guarantee:

Pentosys Solutions strives to maintain a 99.999% network and service uptime level, and guarantees atleast 99.5%. This uptime percentage is a monthly figure, and is is calculated solely by Pentosys Solutions monitoring systems or Pentosys Solutions authorized/contracted outside monitoring services. If Pentosys Solutions 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. Pentosys Solutions does not credit a full month's service for minor downtime. This would not be financially healthy for Pentosys Solutions, and in turn would only negatively affect the service level Pentosys Solutions provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, Pentosys Solutions may distribute full month credits, but this is dealt with on a case by case basis. 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 Pentosys Solutions 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...a backhoe cutting a fiber line somewhere)
• Backbone peering point issues (ie...Level3™ having a router go down in Virginia that wipes out Internet service a portion of the entire East Coast)
• Scheduled maintenance for hardware/software upgrades
• Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Pentosys Solutions utilizes only name brand hardware of the highest quality and performance.
• Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime)
• DNS issues not within the direct control of Pentosys Solutions
• Network floods, hacks, attacks from outside parties or individuals
• Failure or error of any Pentosys Solutions monitoring or measurement system
• Acts or omissions by Client, including without limitation, any negligence, willful misconduct, or use of Pentosys Solutions service(s) in breach of Pentosys Solutions Policy and Service Guidelines (AUP), by Client or others authorized by Client.

 

Connectivity:

Any damaging or abusive activity, whether unlawful or considered to be detrimental to the operations of Pentosys Solutions resources, is a violation of this policy. Any attempt to harm equipment owned by Pentosys Solutions, or hosted in its facilities, is strictly prohibited. Violations will result in legal action, to the fullest allowable extent.

Illegal Usage Restrictions:

Pentosys Solution's goal is to make the Pentosys Solutions network available to Clients, free of outages, as best possible. An outageis defined as an instance in which Client is unable to transmit and receive IP packets due to a Pentosys Solutions service failure for more than 15 consecutive minutes, excluding service failures relating to Pentosys Solution's scheduled maintenance and upgrades. The Pentosys Solutions network does not include Client premises equipment or any Telco access facilities connecting premises of Client to such infrastructure. Pentosys Solution's goal is to keep Average Round-Trip Latency on the Pentosys Solutions network to 85 milliseconds or less. Pentosys Solutions defines Average Round-Trip Latency, with respect to a given month, as the average time required for round-trip packet transfers between the Pentosys Solutions network and major US backbone peering points during such month, as measured by Pentosys Solutions. Pentosys Solution's goal is to keep Average Packet Loss on the Pentosys Solutions network to 1% or less. Pentosys Solutions defines Average Packet Loss, with respect to a given month, as the average percentage of IP packets transmitted on the Pentosys Solutions network during such month that are not successfully delivered, as measured by Pentosys Solutions.

Measurement:

Pentosys Solutions will periodically (on average every 5 minutes) monitor Pentosys Solutions network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that that such measurements may not measure the exact path traversed by Internet connection of Client, and that such measurements constitute measurements across the Pentosys Solutions network but not other networks to which Client may connect. Pentosys Solutions reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by Pentosys Solutions and made available to Client.

Hardware Failure:

Pentosys Solutions stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. Pentosys Solutions utilizes only name brand hardware of the highest quality and performance. Pentosys Solutions will replace all faulty hardware affecting performance levels of equipment within 48 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 Cisco™ engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current Pentosys Solutions contracts with Cisco™ and backbone providers in regard to the emergency repair service in case of such an issue. Pentosys Solutions 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. Pentosys Solutions will replace all faulty hardware on all non-purchased dedicated and wireless access customer premise equipment, at no charge to the Client, unless equipment has been tampered with, or damage is caused by direct neglect/action(s) of Client.

Credits:

Credit requests must be made on the Pentosys Solutions web site, by filling out the "Service Level Agreement (SLA) Request" form. Each request in connection with network/server outages/downtime must be received by Pentosys Solutions 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 Pentosys Solutions within five days after the end of such month. The total amount credited to a Client for Pentosys Solutions not meeting SLA service levels will not exceed the service fees paid by Client Pentosys Solutions for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after Pentosys Solution's receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by Pentosys Solutions. Upon request of Client (in accordance with the procedure set forth below), Pentosys Solutions will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to Pentosys Solutions and confirmed by Pentosys Solution's measurement reporting. Such credit will be equal to one days worth (1/30th) of the monthly fees paid by Client, (for all service fees paid if network outage, or specific affected service fees paid if individual server downtime) multiplied by each hour (or portion thereof rounded to nearest next hour) of the cumulative duration of such outage/downtime. If Average Round-Trip Latency on the Pentosys Solutions network for a calendar month exceeds 85 milliseconds, then upon request of Client, Pentosys Solutions will issue a credit to Client equal to six day's worth (1/5th) of the monthly service fees paid by Client for such month. If Average Packet Loss exceeds 1% during a calendar month, then upon request of Client, Pentosys Solutions will issue a credit to Client equal to six day's worth (1/5th) of the monthly service fees paid by Client for such month.