Service Level Agreement

YourNextHost is committed to providing the most reliable and highest performing Internet service possible. YourNextHost is committed to your 100% complete satisfaction ranging from our service and support to our reliability and performance. YourNextHost’s commitment to you is provided in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the YourNextHost Network and YourNextHost 100% Satisfaction Guarantee. As described below, YourNextHost’s SLA provides commitments based upon goals in three key areas:

Network Service Availability: YourNextHost`s Network will be available to Customer free of network outages for 100% of the time.
Network Service Latency: The average monthly Latency (speed) of YourNextHost`s Network will not exceed 95 milliseconds round-trip.
Network Packet Loss: The average monthly Packet Loss (reliability) of YourNextHost`s network will not exceed 1%.

Network Service Level Agreement

This Service Level Agreement (SLA) applies only to YourNextHost customers receiving service within the European Communtiy who are (i) customers of YourNextHost point-to-point and T1/T3/OC3/OC12 services, (ii) virtual private server and YourNextHost customers, or (iii) colocation and dedicated server customers. This SLA does not apply to other customers of YourNextHost, including, without limitation, those with Dial-up, xDSL, ISDN, and other hosting products not specifically listed in items (i), (ii), and (iii). This SLA provides Customers with certain rights and remedies regarding the performance of YourNextHost`s Network. The “YourNextHost Network” means the YourNextHost Internet owned and operated Internet Protocol (IP) routing infrastructure consisting solely of YourNextHost measurement devices at selected YourNextHost Internet points of presence (“Selected POP’s”) and the connections between them in Europe and the forty-eight continental United States. The amount of credit available per month is subject to a cap described below.

Availability Guarantee

YourNextHost is committed to make the YourNextHost Network available to Customer free of Network Outages for 100% of the time. A “Network Outage” is an instance in which no traffic can pass in or out of Selected POPs for more than 15 consecutive minutes. Upon Customer’s request (in accordance with the procedure set forth below), YourNextHost will issue a credit to Customer for Network Outages exceeding the SLA limits occurring during any calendar month that are reported by Customer to YourNextHost and confirmed by YourNextHost’s measurements of the YourNextHost Internet Network. Such credit will be equal to one day’s worth of the monthly Access Fee (as defined below) paid by Customer, for each reported incident exceeding one hour of such Network Outages, not to exceed in any calendar month the Access Fee paid by Customer for that month.

Latency Guarantee

YourNextHost is committed to keep Average Round-Trip Latency on the YourNextHost Network to 95 milliseconds or less. “Average Round-Trip Latency”, with respect to a given month, means the average time required for round-trip packet transfers between Selected POP’s on the YourNextHost Network during such month, as measured by YourNextHost. If Average Round-Trip Latency on the YourNextHost Network for a calendar month exceeds 95 milliseconds, then upon Customer’s request (in accordance with the procedure set forth below), YourNextHost will issue a credit to Customer equal to and not to exceed in any calendar month one day’s worth of the Access Fee (as defined below) paid by Customer for such month.

Packet Loss Guarantee

YourNextHost is committed to keep Average Packet Loss on the YourNextHost Network to 1% or less. “Average Packet Loss”, with respect to a given month, means the average percentage of IP packets transmitted on the YourNextHost Network during such month that are not successfully delivered, as measured by YourNextHost. If Average Packet Loss exceeds 1% during a calendar month, then upon Customer’s request (in accordance with the procedure set forth below), YourNextHost will issue a credit to Customer equal to and not to exceed in any calendar month one day’s worth of the Access Fee (as defined below) paid by Customer for such month. The terms of this SLA relating to Average Round-Trip Latency and Average Packet Loss will take effect the first full calendar month after Customer’s first use of the YourNextHost Network.

Access Fee Definitions

The Access Fee for all Customers is the base monthly access fee paid by Customer for use of the applicable YourNextHost service at the amount of data transfer allowed each month without additional charge, excluding set-up fees, fees for additional services, and for server and other types of options. Such excluded fees will vary by the type of applicable service, and could consist of fees for local loop, custom software configuration, extra and/or burstable bandwidth, add-on components, extra IP addresses, hourly support charges, electricity when an additional fee is charged for such an item, and managed services.

Measurement

YourNextHost will periodically (every 15 minutes on average) measure YourNextHost`s Network at Selected POP’s using software and hardware components capable of measuring application traffic and responses at such Selected POP’s. 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 YourNextHost`s Network but not other networks to which Customer may connect. YourNextHost reserves the right to periodically change the measurement points and methodologies it uses without notice to Customer. Measurements for latency and packet loss will be posted to a Web site designated by YourNextHost and made available to Customer.

How to Request a Credit Per This Service Level Agreement

Customer must first report a loss of service by opening an online support ticket with information on the nature of the outage. To request credit, customer may open a second online support ticket within 7 days. This must reference the first support ticket number. TurnKey will credit Customer only from the time and date stamp of the initial support ticket submittal, and only if commensurate with the definitions of service outages in this agreement. To insure the privacy and security of both the Customer and YourNextHost, reports of outages and requests for credits per this Agreement must be completed via support ticket only. Requests via e-mail, telephone, fax, physical mail, or any other means will not be processed.

Exceptions

Notwithstanding anything in the SLA to the contrary, Customer shall not receive any credits under this SLA if customer has been delinquent on any bills or payments within the past 90 days, or found in violation of any YourNextHost Terms of Service. Notwithstanding anything in the SLA to the contrary, Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the YourNextHost Network caused by or associated with:

Circumstances beyond YourNextHost’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, storm, 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;
Failure of access circuits to the YourNextHost Network, unless such failure is caused solely by YourNextHost;
General telco failure;
Scheduled maintenance and upgrades;
DNS issues outside the direct control of YourNextHost;
Outage or error of any YourNextHost measurement system;
Excessive traffic/load on Customer’s server(s) which impedes server performance;
Customers’ acts or omissions, including without limitation, any negligence, willful misconduct, or use of the YourNextHost Network or YourNextHost services in breach ofYourNextHost’s Terms and Conditions and Acceptable Use Policy, by Customers or others authorized by Customers;
Denial of Service (DoS) and/or Distributed Denial of Service (DDoS) (malevolent efforts of a person or persons to prevent TurnKey’s or Customer’s (or clients of Customer’s) servers or service from functioning efficiently or at all).

General

YourNextHost reserves the right to change or modify this SLA at any time effective upon the posting thereof on this website. Except as set forth in this SLA, YourNextHost makes no claims regarding the availability or performance of the YourNextHost Network or YourNextHost services.

Service Level Agreement