SLA (Service Level Agreement)
This IT Software Service Level Agreement ("SLA") applies to all dedicated servers. Client agrees that IT Software internal measurements establish the eligibility for any applicable Performance Credit. In the event that Client determines that a discrepancy in such measurement exists, Client shall promptly notify IT Software and Client will mutually agree upon the validity and accuracy of the measurement, and upon Client's eligibility for any applicable Performance Credits. This SLA may be amended at any time by IT Software.
1.1: IT Software Network ("IT Software Network") is defined as the equipment, software and facilities within IT Software network segment, including IT Software contracted ISP service to which IT Software network segment is connected, collectively used by IT Software to provide the service.
1.2: Service Availability ("Service Availability") is the total time in a calendar month that IT Software is available through the Internet, provided that Client has established connectivity. IT Software takes responsibility for the Service Availability within their network, and cannot be held liable for upstream problems. The IT Software Network will be available to clients free of Network Outages for 99.9% of the time, exclusive of server reboots.
1.3: Service Downtime ("Service Downtime") is any unplanned interruption in Service Availability during which Client is unable to access the services as described in section 1.2 above that is determined to have been caused by a problem in IT Software Network as confirmed by IT Software. Service Downtime is measured as the total length of time of the unplanned interruption in Service Availability in a calendar month. IT Software provides direct support and expertise in the software it provides, any unplanned outages due to software failure are the direct responsibility of the software publisher and not of IT Software.
1.4: Scheduled Service Downtime ("Scheduled Service Downtime") is any IT Software interruption of services. Scheduled Service Downtime occurs during IT Software standard server maintenance window, which occurs with a 24 hour notice to the Client via e-mail.
2. Service Exclusions.
2.1: This SLA does not cover Service Downtime caused by problems in the following:
2.1.1: Client's local area network.
2.1.2: Client-provided Internet connectivity or end-user software.
2.1.3: Anything inside Client's internal network including, but not limited to, firewall configuration and bandwidth to internet, local area workstations, servers, software, and configuration.
3. Service Downtime Exclusions.
3.1: The following are excluded from the monthly calculation of Service Availability:
3.1.1: Any utilized Scheduled Service Downtime.
3.1.2: Any problems outside the IT Software Network.
3.1.3: Any interruptions, delays or failures caused by Client or Client's employees, agents, or subcontractors, such as, but not limited to, the following:
220.127.116.11: Server reboots.
18.104.22.168: Non-compliant use of any software installed on the server.
22.214.171.124: Client initiated server over-utilization.
126.96.36.199: Any problems related to the attacks on the machine such as hacking, attacks, and exploits.