NewServers™ Inc.

NewServers™ Inc. SLA Terms and Agreement


NewServers™ Inc. Service Level Agreement is to have connectivity provided to customers available 99.999% of the time and, as set forth below, NewServers™ Inc. will credit Customer's account if NewServers™ Inc. fails to meet this Availability Guarantee during any given calendar month. At Customer's request, NewServers™ Inc. will calculate Customer's "Server Unavailability" in a calendar month. "Server Unavailability" consists of the number of minutes that the NewServers™ Inc. Server was not available to Customer, but will not include unavailability which Customer fails to report to NewServers™ Inc. within five days, or any unavailability resulting from (a) scheduled maintenance by NewServers™, NAP of the Americas, or Internap, (b) Customer's equipment or applications failure, (d) acts or omissions of Customer, (e) denial of service attack targeting Customer’s IP space, (f) reasons of Force Majeure (as defined in the applicable service agreement). For each cumulative hour of Network Unavailability or fraction thereof in any calendar month, Customer's account shall be credited for one day (24 hours) of the unavailable Server’s hourly fee for the server with respect to which this Guarantee has not been met.