UNITED STATES SERVICE LEVEL AGREEMENT. THIS SERVICE LEVEL AGREEMENT IS HEREBY INCORPORATED INTO AND MADE A PART OF THE HOSTING SERVICE ATTACHMENT BETWEEN Verizon Enterpise Solutions AND CUSTOMER. UNLESS OTHERWISE SPECIFIED HEREIN, ALL TERMS IN THIS SERVICE LEVEL AGREEMENT HAVE THE SAME MEANINGS AS IN THE HOSTING SERVICE ATTACHMENT. Verizon Enterpise Solutions'S PROVISION OF THE FOLLOWING SERVICE LEVELS MAY BE CONTINGENT UPON CUSTOMERS PURCHASE OF ADDITIONAL OR REDUNDANT SERVICES.

  1. Managed Enterprise Hosting Services Service Levels

    1. Managed Data Center Network Availability. Verizon Enterpise Solutions will provide 99.99% Network availability, or no more than 4 minutes of Network Unavailability in any Month.
    2. Redundant Devices. For each Redundant Device in Customers configuration, Verizon Enterpise Solutions will provide 99.9% availability, or no more than 44 minutes of Service Unavailability in any Month.
    3. Device Availability. For each Device in Customers configuration which is not a part of a Redundant Device, Verizon Enterpise Solutions will provide 99.5% availability, or no more than 220 minutes of Service Unavailability in any Month.
    4. Delivery. Verizon Enterpise Solutions will provide access to production servers within 10 business days if Customers total production servers order is for 2 or fewer production servers, within 15 business days for 3 to 10 production servers, and with the timeframe negotiated by the Parties if Customer's total production servers order is 11 or more production servers. Verizon Enterpise Solutionss service obligations shall commence on the first business day on which (i) Verizon Enterpise Solutions has approved all required and fully executed documents, including, but not limited to, the Order Form, Lease Term Sheet (if applicable), Master Equipment Lease Agreement (if applicable) and Terms and Conditions; (ii) Verizon Enterpise Solutions and Customer have agreed to the fully completed Customer Order Requirements Document; and (iii) Verizon Enterpise Solutions has certified all Customer-furnished equipment. Subject to the above, Verizon Enterpise Solutions will provide Customer with an introduction letter notifying Customer of the expected access date which shall be no more than the access dates specified in the foregoing. Access to a production server is deemed to be provided upon its Operational Date. Customer IS not eligible for credits if a delay is attributable to Non-Standard Equipment, data center modifications required for servers with large footprints, acts or omissions of Customer, Customer-furnished equipment which does not pass certification, or force majeure events. Leased lines and Services located at Customer's premises are not covered by the delivery commitments in this Section 4.
    5. Monitoring. Verizon Enterpise Solutions is responsible for monitoring Customers configuration on a 7 x 24 x 365 basis. Verizon Enterpise Solutions performs periodic monitoring of CPU, memory and disk space utilization, as well as periodic monitoring of selected ports, processes and services. Verizon Enterpise Solutions provides Customer-specific monitoring services in accordance with any such services specified on an applicable Order Form.
    6. Administration and Support. Verizon Enterpise Solutions is responsible for ongoing administration of the Services. Verizon Enterpise Solutions implements and configures the Services according to Customer-defined specifications, and tests the Services for proper functionality. Once the Services are deployed, Verizon Enterpise Solutions performs ongoing troubleshooting, diagnosis and resolution of problems, including replacing failed hardware components and applying software patches or updates where appropriate. Verizon Enterpise Solutions is also responsible for providing a 24x7 support center and an account manager commensurate with the level of service purchased by Customer.
    7. Security. Verizon Enterpise Solutions is responsible for using commercially reasonable efforts to provide physical security of the data center, security of the Managed Data Center Network, and security of Verizon Enterpise Solutionss Device builds, to include testing and deployment of security patches and fixes, where appropriate.
    8. Backup. Verizon Enterpise Solutions is responsible for providing daily and weekly backups of Devices, including Customer-provided applications and content (subject to compliance with the Use Policy). Verizon Enterpise Solutions provides on site storage of recent backup data, and off-site storage for older backup data. Backups for Customer-created databases require additional setup by Customer in order to be properly backed up. Verizon Enterpise Solutions retains backup data in accordance with Verizon Enterpise Solutionss standards for backup data retention. In the event of a Device failure, if necessary Verizon Enterpise Solutions will restore such Device from the most recent backup data.
    9. Non-Standard Equipment. Customer may require hardware and/or software products for which Verizon Enterpise Solutions does not typically provide support to be utilized by Verizon Enterpise Solutions in providing the Services ("Non-Standard Equipment"). Verizon Enterpise Solutions shall not be held responsible under this Attachment A for the proper functionality of any Non-Standard Equipment, and Customer shall not be eligible for credits under this Attachment A for the failure of any Non-Standard Equipment.
    10. Credits. Credits WILL not be applied to Customers invoice if, at the time that Unavailability occurs, Customer is in Payment Default, in violation of the Use Policy, or in breach its obligations under the Agreement including any terms of this SLA. Customer must submit a written request for a credit to the Verizon Enterpise Solutions Support Center or Customers account manager within 30 days following the Month for which Customer is requesting credit. Verizon Enterpise Solutions will contact Customer within 30 calendar days to submit its decision or to request additional information. If Verizon Enterpise Solutions approves Customers credit request, such credit will appear on Customers monthly invoice following approval. The total amount of credits under this Service Level Agreement for which Customer shall be eligible in a Month shall be limited to 30 percent of the Charges. If a non-Redundant Device is Unavailable, Customer shall only be eligible for a credit with respect to such non-Redundant Device, and Customer shall not be eligible for credits for any other Devices or equipment managed by Verizon Enterpise Solutions, if it is determined that the Unavailability of such other Device or equipment was caused by the failure of a non-Redundant Device. If a Redundant Device is Unavailable, Customer shall be eligible for a credit with respect to such Redundant Device and any other Device that is Unavailable as a result of the Unavailability of the Redundant Device.

      Service LevelCredit
      99.99% Managed Data Center Network availabilityIf more than 4 minutes Managed Data Center Network Unavailability in any Month, then in addition to any credits to which Customer is entitled under Section 2 herein, 5% of the Charges for all affected Devices.
      99.9% availability for each Redundant DeviceIf between & including 44 and 220 minutes Service Unavailability in any Month, 10% of the Charges for the affected Redundant Device; or

      if between & including 221 and 440 minutes Service Unavailability in any Month, 20% of the Charges for the affected Redundant Device; or

      if more than 441 minutes Service Unavailability in any Month, 30% of the Charges for the affected Redundant Device.
      Service LevelCredit
      99.5% availability for each Device which is not a part of a Redundant DeviceIf between & including 220 and 440 minutes Service Unavailability in any Month, 10% of the Charges for the affected non-Redundant Device; or

      if between & including 441 and 880 minutes Service Unavailability in any Month, 20% of the Charges for the affected non-Redundant Device; or

      if more than 881 minutes Service Unavailability in any Month, 30% of the Charges for the affected non-Redundant Device.
      1 2 servers: 10 business days

      3 - 10 servers: 15 business days

      11+ servers: Negotiated      		10% of the Initial Fee per affected Device for each day beyond the delivery commitment, not to exceed the total Initial Fee for such Device.


    11. Chronic Outages. If Verizon Enterpise Solutions reasonably determines Customer experienced chronic outages, Verizon Enterpise Solutions may, in its reasonable discretion, investigate the nature of any recurring problem. Customer may also request such investigation. Within 10 business days of the conclusion of Verizon Enterpise Solutionss investigation, Verizon Enterpise Solutions and Customer technical representatives will discuss the results of such investigation. If Verizon Enterpise Solutions reasonably determines, and notifies Customer, that Customers configuration or content requires modifications to prevent chronic outages, then Customer will not be eligible for credits and may be subject to additional charges unless Customer implements such modifications. If Verizon Enterpise Solutions reasonably determines that Verizon Enterpise Solutions's Services or Network is causing chronic outages, then Verizon Enterpise Solutions will promptly repair the Services or Network at its sole expense.

  2. Verizon Enterpise Solutions Network Backbone Service Levels.

    The service levels below are applicable only for Verizon Enterpise Solutions-provided Internet bandwidth for Verizon Enterpise Solutions Enterprise Hosting customers. Additional details are available at http://global.mci.com/terms/.

    1. Network Latency
      1. Network Latency SLA Commitment. Verizon Enterpise Solutions provides a Network Latency SLA guarantee based on the average round-trip transmission time in milliseconds between Verizon Enterpise Solutions-designated inter-regional transit backbone routers ("Hub Routers") in North America and between New York and London ("Transatlantic"). This Network Latency SLA commitment is limited to North America and Transatlantic. The specific Network Latency SLA commitment associated with North America and Transatlantic is posted at the following location http://global.mci.com/terms/global_latency_sla.xml.
      2. Network Latency SLA Process. Latency shall be measured by averaging sample measurements taken during a calendar month between Hub Routers in North America and Transatlantic. Each month's Network performance statistics relating to the Network Latency SLAs shall be posted at http://global.mci.com/about/network/latency/.
      3. Network Latency SLA Remedy. If Verizon Enterpise Solutions fails to meet the Network Latency Service Level in a calendar month for North America and Transatlantic, Customer may request a credit for that month. The credit will consist of a pro-rated amount equal to one day of the Charges. Credits will not be issued if failure to meet the Latency Service Level is attributable to reasons of Force Majeure (as defined in the Service Agreement).
    2. Packet Delivery
      1. Packet Delivery SLA Commitment. Verizon Enterpise Solutions provides a Network Packet Delivery SLA guarantee between Verizon Enterpise Solutions-designated inter-regional transit backbone routers ("Hub Routers") in North America and Transatlantic. The Packet Delivery SLA commitment associated with North America and Transatlantic is posted at the following location http://global.mci.com/terms/global_latency_sla.xml.
      2. Packet Delivery SLA Process. Packet Delivery is measured by averaging sample measurements taken during a calendar month between Hub Routers. in North America and Transatlantic Network Performance statistics relating to the Network Packet Delivery Service Level for North America and Transatlantic shall be posted at the following location: http://www.mci.com/about/network/latency/.
      3. Packet Delivery SLA Remedy. If Verizon Enterpise Solutions fails to meet any Packet Delivery Service Level in a calendar month for North America and Transatlantic, Customer may request a credit for that month. The credit will consist of a pro-rated amount equal to one day of the Charges. Credits will not be issued if failure to meet the Packet Delivery Service Level is attributable to reasons of Force Majeure (as defined in the Service Agreement).
    3. Network Jitter
      1. Network Jitter SLA Commitment (currently applicable only in the U.S.). Also known as delay variation, Jitter is defined as the variation or difference in the end-to-end delay between received packets of an IP or packet stream. Jitter is usually caused by imperfections in hardware or software optimization and varying traffic conditions and loading. Excessive delay variation in packet streams usually results in additional packet loss, which affects quality. Verizon Enterpise Solutions's U.S. Network jitter performance commitment associated with North America is posted to the following location http://global.mci.com/terms/global_latency_sla.xml.
      2. Network Jitter SLA Process. Jitter shall be measured by averaging sample measurements taken during a calendar month between Hub Routers for North America. Each month's Network performance statistics relating to the Network Jitter SLAs for North America shall be posted at http://global.mci.com/about/network/latency/.
      3. Network Jitter SLA Remedy. If Verizon Enterpise Solutions fails to meet the Jitter Service Level for North America in a calendar month; Customer may request a credit for that month. The credit will consist of a pro-rated amount equal to one day of the Charges. Credits will not be issued if failure to meet the Jitter Service Level for North America is attributable to reasons of Force Majeure (as defined in the Service Agreement).

  3. Definitions

    DefinitionMeaning
    ChargesThe Monthly Recurring Charges for services as set forth on Customers Order Form. Charges exclude any charges for hardware or software or lease payments to MCI Financial Services or to any third party leasing company.
    Initial FeeThe initial fee as set forth on Customers Order Form.
    MonthA calendar month.
    Managed Data Center NetworkThe internal data center network, demarcated by all border routers within a data center, including shared network infrastructure equipment.
    Managed Data Center Network UnavailabilityThe Network shall be deemed to be Unavailable if both members of any clustered pair of switches or routers are functioning in a manner which prevents access between one or more Devices and the Internet.
    Redundant DeviceA configuration of 2 or more Devices configured for identical functionality that use Verizon Enterpise Solutions-supported load balancing or clustering services for redundancy. The definition of a Redundant Device is limited to Redundant Devices that are production servers, firewalls, and load balancers managed by Verizon Enterpise Solutions.
    DeviceAny Device which is not a part of a Redundant Device. The definition of a Device is limited to non-redundant production servers, load balancers and firewalls that are managed by Verizon Enterpise Solutions.
    Service UnavailabilityWith respect to each Device or Redundant Device in Customers configuration or with respect to the Managed Data Center Network, Service shall be deemed to be Unavailable if (i) the hardware and/or software components of such Device for which Verizon Enterpise Solutions is responsible are malfunctioning or are inaccessible via the Verizon Enterpise Solutions Managed Data Center Network, and (ii) such failure to function or inaccessibility is not attributable to maintenance activities; acts or omissions of Customer; failure of Customer-supplied content or software; failure of non-redundant, Customer-specific network equipment, failure of Non-Standard equipment; failure of virtual private networks; failure of software or equipment that a manufacturer has designated as end-of-life and such manufacturers support (e.g., the provision of security patches and regression testing) has ended; failure of equipment or services located at Customers premises; networks not under Verizon Enterpise Solutionss direct control; Vicious Attacks, or Force Majeure events (as defined in the Service Agreement). Service Unavailability for a Redundant Device shall not be deemed to occur if at least one Device in such Redundant Device configuration is accessible.
    Vicious AttacksAttacks include, but are not limited to, hacks, denial of service attacks and malicious introduction of viruses and disabling devices.