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Service Level Agreement
SILICON VALLEY WEB HOSTING, Inc. SERVICE LEVEL AGREEMENT
THIS AGREEMENT, dated 4/1/2006 is between SILICON VALLEY WEB HOSTING, Inc and ("Client") identified on page 16 of this document.
A. WHEREAS, Silicon Valley Web Hosting, Inc. provides dedicated server[s];
B. WHEREAS, Client desires Silicon Valley Web Hosting, Inc. to provide dedicated server[s];
C. WHEREAS, Client agrees to Acceptable Usage Policy located on http://beta.svwh.net/legal
D. WHEREAS, Client agrees to End User Content Policy available online at : http://beta.svwh.net/legal
NOW THEREFORE, the parties agree as follows:
Silicon Valley Web Hosting, Inc. SERVICE LEVEL AGREEMENT
This Silicon Valley Web Hosting, Inc. Service Level Agreement ("SLA") applies to all dedicated servers. The Client agrees that Silicon Valley Web Hosting, Inc internal measurements establish the eligibility for any applicable Performance Credit. In the event that the Client determines that a discrepancy in such measurement exists, Client shall promptly notify Silicon Valley Web Hosting, Inc. and Silicon Valley Web Hosting, Inc. and Client will mutually agree upon the validity and accuracy of the measurement, and upon Client's eligibility for any applicable Performance Credits.
Silicon Valley Web Hosting, Inc. may amend this SLA at any time. Updated copies of the SLA will be located at http://www.svwh.net./support-billing/
1. Definitions.
1.1.1 Unmanaged Servers
("Standard Network Based Security") is defined as the overall core network security that Silicon Valley Web Hosting, Inc. provided every customer. This security is provided on the network level and includes secure router configurations, frequent network scans, and overall knowledge of maintaining a secure network. This service does not imply any server based security, firewalls, DDOS/Attack protection on the server level, or Anti-Virus based protection. 24/7/365 Technical Support
("Hard/Soft Manual Reboots in 10 Minutes or less") is defined as your request being processed in 10 minutes or less for server reboot requests. The Silicon Valley Web Hosting, Inc Support team prefers the soft/hard reboot system as it preserves overall integrity of hardware and operating systems. The 10 minute turnaround time is defined as the time you place the request until the power or reboot command is issued. In some cases additional time is required by operating system software to perform necessary functions on the server. Best effort is made to make server reboots as quick as possible.
("Online Bandwidth Monitoring Tool") is defined as the real-time MRTG graphs provided for you to review bandwidth usage. Silicon Valley Web Hosting, Inc. charges bandwidth on Virtual Dedicated Accounts on a per GB/mo. basis and on Dedicated Servers on a 95th percentile Mbps basis. Usage statistics can be viewed at :https://stats.svwh.net.
("24/7/365 Technical Support") is defined as having direct access to our technical support team 24 hours a Day, 7 Days a week, 365 days a year. Support is provided via toll free number, ticket system, and e-mail. All support related to Network, Systems Infrastructure, or Server Hardware is provided is free of charge. If a server task unrelated to the previously stated items is being requested and it takes less than 15 Minutes it is still free of charge. All requests not related to the Network, Systems Infrastructure, or Server Hardware; that take greater than 15 minutes are billed to your account at $25 per 15 minutes. All billable tasks performed require prior approval from client with proper authentication. ("15 minute or Less Advanced Technical Support") is defined as the "FREE" support provided with your dedicated server solution.
("No monitoring/recovery included") is defined as Silicon Valley Web Hosting, Inc. does not provide the monitoring of uptime or failed services. In the event of a server failure customer will initiate contact with Silicon Valley Web Hosting, Inc.. and provide the procedure to perform. Recovery of server may be billable and is dependant on the nature of the procedure that takes place.
("Self Maintained root/administrator access to server") is defined as you maintaining root/administrator access on the server. It is not required on Unmanaged servers that you maintain or allow access to your server.
1.1.2 Managed Servers
("Server Port Monitoring") is defined as the dedicated server participation in the monitoring of services via standard TCP/IP ports. Server Port Monitoring is performed every 3 minutes and a failure is defined as 3 consecutive failures (9 minutes). In the event of a failure if no communication is made with the Technical Support Department the procedures you have outlined will be performed. It the responsibility of server owner to define the action to perform in the event of a failure. This service include up to 8 Port/Services/Daemons that can be monitored.
("Standard Network Based Security") is defined as the overall core network security that Silicon Valley Web Hosting, Inc. provided every customer. This security is provided on the network level and includes secure router configurations, frequent network scans, and overall knowledge of maintaining a secure network. This service does not imply any server based security, firewalls, DDOS/Attack protection on the server level, or Anti-Virus based protection. 24/7/365 Technical Support
("Hard/Soft Manual Reboots in 10 Minutes or less") is defined as your request being processed in 10 minutes or less for server reboot requests. The Silicon Valley Web Hosting, Inc Support team prefers the soft/hard reboot system as it preserves overall integrity of hardware and operating systems. The 10 minute turnaround time is defined as the time you place the request until the power or reboot command is issued. In some cases additional time is required by operating system software to perform necessary functions on the server. Best effort is made to make server reboots as quick as possible.
("Online Bandwidth Monitoring Tool") is defined as the real-time MRTG graphs provided for you to review bandwidth usage. Silicon Valley Web Hosting, Inc. charges bandwidth on Virtual Dedicated Accounts on a per GB/mo. basis and on Dedicated Servers on a 95th percentile Mbps basis. Usage statistics can be viewed at : https://stats.svwh.net.
("24/7/365 Technical Support") is defined as having direct access to our technical support team 24 hours a Day, 7 Days a week, 365 days a year. Support is provided via toll free number, ticket system, and e-mail. All support related to Network, Systems Infrastructure, or Server Hardware is provided is free of charge. If a server task unrelated to the previously stated items is being requested and it takes less than 15 Minutes it is still free of charge. All requests not related to the Network, Systems Infrastructure, or Server Hardware; that take greater than 15 minutes are billed to your account at $25 per 15 minutes. All billable tasks performed require prior approval from client with proper authentication. ("15 minute or Less Advanced Technical Support") is defined as the "FREE" support provided with your dedicated server solution.
("Host Based IDS") is defined as Intrusion Detection Systems that are used to sniff out network packets giving you a good understanding of what is really happening on a server. IDS have the capability of distinguishing different types of network traffic on the same port number. IDS have the ability to drop malicious packets that may cause your network harm. Customers using Windows 2000/2003 will be provided with an installed copy of Black ICE Defender and customers using Linux will be provided with port sentry.
("Auto O/S updates and patches") is defined as automatic operating system updates and patches as part of our routine procedures. This will be a part of a schedules update that takes place on a regular basis. As new kernels, security patches, service packs, and hot fixes are released the servers will be updated automatically. Notification of updates are provided when they occur.
("Resource Monitoring") is defined as the addition of the dedicated server to our application based monitoring system. The monitoring application will monitor the overall disk space, processor utilization, and memory usage with notification when thresholds are exceeded. This service is customized on a per server basis and requires the submission of a "Monitoring Configuration/Procedure" template.
("On-Demand Server Health Check") is defined as a customer initiated request to review the overall health of the server. This can and may include review of memory usage, processor usage, disk space, and general configuration of the server. Server Health Checks allow a Level 3 Administrator to review the overall health of the machine and provide you an opinion, procedures, and overview of the server.
("On-Demand Security Audit") is defined as a customer initiated request of a Security Audit on the server. Security Audits are comprised of standard tools and basic security scans to review and look for abnormalities on the server. This service does not include the repair, but can include OS patches and upgrades it is determined this will correct or enhance the security on the server.
("Systems Administrative Service") is defined as advanced technical support for dedicated servers. This support can be used for any number of support issues and includes server troubleshooting, software configuration, OS configuration, and OS reinstalls.
("O/S Hardening Services") is defined as customer initiated request to secure the server with patches, permission tweaks, application scans, and review of log files. A system administrator will spend time reviewing the configuration of the operating system, applying best practice procedures, and making sure the server is secured to highest degree.
("No root/administrator access to server") is defined as not having direct root/admin access to the server. In some cases you may be provided with a 2nd level login for creation of accounts. All Administrator level duties will be carried out by the Silicon Valley Web Hosting, Inc. Support Staff.
1.1.3 Colocation Services
("Co-Location Services") is defined as servers that are property of the Clients while rackspace, bandwidth, and Ethernet ports are rented from Silicon Valley Web Hosting, Inc. on a monthly basis. All services performed on the server come without warranty or guarantee. Client is responsible for supplying replacement parts, hot swappable hardware, and all required software media. All services performed on the co-located servers are subject to a $100.00 an hour labor fee, which must be approved by the customer in question before said services are provided. Colocation Clients that utilize Silicon Valley Web Hosting, Inc. have an option to participate in Server Management Services, as detailed above. This is subject to the approval of a Silicon Valley Web Hosting, Inc. System Administrator and will incur an additional monthly fee.
1.2. Silicon Valley Web Hosting Network ("Silicon Valley Web Hosting Network") is defined as the equipment, software, and facilities within the Silicon Valley Web Hosting, Inc. network segment, including Silicon Valley Web Hosting, Inc. contracted ISP services to which the Silicon Valley Web Hosting, Inc. network segment is connected and collectively utilized by Silicon Valley Web Hosting, Inc. to provide dedicated and colocation services.
1.3. Service Availability ("Service Availability") is the total time in a calendar month that the Silicon Valley Web Hosting, Inc. is available through the Internet, provided that Client has established connectivity. Silicon Valley Web Hosting, Inc. takes responsibility for the Service Availability within its immediate network segment, and cannot be held liable for problems directly related to an upstream bandwidth provider. The Silicon Valley Web Hosting, Inc. Network will, according to the Silicon Valley Web Hosting 100% Uptime Guarantee, be available to clients free of Network Outages for 100% of the time.
1.4. Service Downtime ("Service Downtime") is any unplanned interruption in Service Availability during which the Client is unable to access the services as described in preceding section 1.3, provided the interruption is determined to have been caused by a problem in the immediate Silicon Valley Web Hosting, Inc. network segment as confirmed by Silicon Valley Web Hosting, Inc.. Service Downtime is measured as the total length of time of the unplanned interruption in Service Availability during a calendar month. Silicon Valley Web Hosting, Inc. provides direct support and expertise in any software it directly provides, while any unplanned outages due to third-party software failure are the direct responsibility of the software publisher and not of Silicon Valley Web Hosting, Inc..
1.5. Scheduled Service Downtime ("Scheduled Service Downtime") is any Silicon Valley Web Hosting, Inc. interruption of Services. Scheduled Service Downtime occurs during a Silicon Valley Web Hosting, Inc. standard server maintenance window, which occurs in conjunction with a 24 hour notice to the Client via electronic communication. Said downtime is coordinated with the Client to the best of Silicon Valley Web Hosting, Inc. abilities as to align the window of maintenance with the Client's explicit wishes.
1.6. Performance Credit ("Performance Credit") occurs when 100% uptime is not met. Silicon Valley Web Hosting, Inc. will refund the customer 5% of the monthly fee for each 60 minutes of downtime (up to 100% of the customer's monthly fee). Network downtime is measured from the time a trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.
1.7 Monitoring Service ("Monitoring Service") is the service Silicon Valley Web Hosting, Inc. provides in order to analyze availability of TCP/IP based services and applications through its internal monitoring system. To participate in this, Silicon Valley Web Hosting, Inc. must have valid, administrative access to repair the server in the event of a service or operating system failure.
1.8 Billable System Administration (" Billable System Administration") is operation, configuration, performance tuning, security configurations, and any interaction with the operating system or software installed on the server in question that is not already provided within the Managed Server plan of the server in question.
2. Service Downtime Performance Credit.
2.1. In the event of Service Downtime in which monthly Service Availability is less than 100%, Client will receive a Performance Credit as described in section 1.6 of this document.
3. Service Exclusions.
3.1. This SLA does not cover Service Downtime caused by problems in the following:
· Client's local area network.
· Client-provided Internet connectivity or end-user software.
· Entities inside Client's internal network including, but not limited to, firewall configuration and bandwidth shaping, local area workstations, or other servers, equipment, and software that have a potential bearing on the local networking environment.
· Any utilized Scheduled Service Downtime.
· Any problems beyond the immediate Silicon Valley Web Hosting, Inc. network segment.
· Any interruptions, delays or failures caused by Client or Client's employees, agents, or subcontractors, such as, but not limited to, the following:
· Inaccurate configuration.
· Non-compliant use of any software installed on the server.
· Client initiated server over-utilization.
· Any problems related to attacks on the machine such as hacking, bandwidth-based attacks of any nature, and service or operating system exploits.
· Problems associated with Operating System, Software, or Applications.
Billable System Administration which applies to any "advanced support" not covered under the given Managed Server Services and defined in section 1.8 includes the following:
· System Administration of the client's server.
· Software installations performed by Silicon Valley Web Hosting, Inc.
· Virus and Security Scans of the server.
· Configuration of the operating system, services provided on the server.
· Security auditing and resource management of the server.
Server Hardware for Dedicated Servers.
6.01 Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease. This guarantee excludes the time required to rebuild a RAID array.
6.0.2 Hardware replacement will occur within 24 hours of the reported problem, Silicon Valley Web Hosting, Inc. will refund 25% of the monthly fee per additional 24 hours of down time (up to 100% of customer's monthly fee).
6.03 Restoration is defined as returning the server to its original configuration, as per the date the server first went live on the network. If hardware failure causes corrupted operating system, data files, or damaged service configurations, Silicon Valley Web Hosting, Inc. will restore the system to original state.
6.04 Silicon Valley Web Hosting, Inc. is not responsible for the restoration of data to server. If hardware failure is experienced and subsequent data loss occurs, client is ultimately responsible for data restoration. Silicon Valley Web Hosting, Inc. shall not be liable for loss of data under any circumstance.
6.05 Silicon Valley Web Hosting, Inc. does not take responsibility for the overall security of servers. If servers are compromised in any way, Silicon Valley Web Hosting, Inc. reserves the right to immediately audit the server. All of our dedicated service plans receive monthly security auditing as part of the overall Personal System Administrator's program but security is the responsibility of the client. Silicon Valley Web Hosting, Inc. reserves the right to cancel service if servers are compromised via the implementation of weak password schemes or via other blatant disregard to simple security measures. A fee of $100.00 per hour will be incurred in respect to any security related work performed due to any such server being compromised.
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