1.1 Netmar Network

The Netmar Network is defined as the communications architecture, including routers and routing equipment, routing software, firewalls, firewall software, switches, switching software, and cabling provided by Netmar and used in the transmission of data between the client’s server and the internet.

1.2 The Internet

The Internet is herein defined as anything beyond the remote end of any and all internet connections that connect into the Netmar Network. Netmar cannot be held responsible for internet connectivity beyond the remote end of the internet connections that connect to the Netmar Network.

1.3 Base Monthly Fee

Base Monthly Fee is defined as the recurring fee assigned to the customer for the server itself without the inclusion of additional bandwidth, disk space, or other services.

1.4 Notification

In any instance which the client is required to make notification to Netmar, the Netmar ticketing system (available at https://www.netmar.com/supmenu/helpdesk.html) must be used.

1.5 Server Hardware

A client’s Server Hardware is defined as the sum of parts internal to the client’s server, including, but not limited to, motherboard, processor(s), heat sink, RAM, any fan(s), hard drive(s), power supply, network card(s), and RAID-controllers, or any such parts used to provide hosting for a customer's virtual machine.

2.1 Network Uptime

The Netmar Network will be available 99.97% of a billing cycle (0.03% of a billing cycle is herein defined as 780 seconds per billing cycle). Network availability is defined as the capability to transit packets between the client’s server and the internet. This guarantee covers all hardware and software defined as the Netmar Network.

Credit will be issued for network inaccessibility at the rate of 5% of the client’s Base Monthly Fee for each whole hour of downtime beyond an initial 780 seconds. Any fraction of an hour in addition to the number of whole hours of downtime will be rounded up to the next hour, and network inaccessibility will be calculated thus.

2.2 Packet Transmission

The average rate of successful packet transmission between the client’s server and the internet will be no less than 99.00% each billing cycle. This measurement is recorded every 15 minutes by Netmar and the average of all recordings is calculated at the end of each billing cycle.

Credit will be issued for packet loss at the rate of 5% of the client’s Base Monthly Fee for each integer percentage below 99.00%. Fractional percentages amounting to less than one integer percentage, but constituting a total packet transmission percentage of less than 99.00%, will be rounded down to the integer below the fraction and calculated thus.

2.3 Packet Latency

The average monthly latency, calculated from the beginning to the end of the billing cycle, of the client’s transmitted data will not exceed 1 millisecond within the Netmar Network and 100 milliseconds to and from the Internet. Latency within the Netmar Network is defined as the roundtrip time to a Netmar border router. These measurements are recorded every 15 minutes by Netmar and the average of all recordings is calculated at the end of each billing cycle.

Credit will be issued for high latency at the rate of 5% of the client’s Base Monthly Fee for any billing cycle in which this guarantee is not fulfilled.

3.1 Hardware Replacement

Server Hardware in the client’s server will be replaced within 2 hours of problem identification, defined herein as the time at which Netmar determines that a specific piece of hardware has failed. This guarantee applies only to hardware furnished by Netmar.

Credit will be issued for hardware replacement at the rate of 5% of the client’s Base Monthly Fee for each whole hour of downtime exceeding 2 hours after problem identification. Any fraction of an hour in addition to the number of whole hours of downtime will be rounded up to the next hour and will be calculated thus.

Time required to rebuild RAID arrays is not covered by the Netmar Service Level Agreement.

3.2 Availability of Suitable Operating Environment

The Netmar infrastructure required to maintain a suitable operating environment will be available 99.97% of a billing cycle (0.03% of a billing cycle is herein defined as 780 seconds). This includes uninterruptible power supplies, power distribution architecture, Heating, Ventilation, and Air Conditioning, and any other equipment provided by Netmar external to the server used in the process of creating a suitable operating environment.

Credit will be issued for environment related downtime at the rate of 5% of the client’s Base Monthly Fee for each whole hour of downtime beyond an initial 780 seconds. Any downtime in addition to the number of whole hours of downtime will be rounded up to the next hour, and will be calculated thus.

3.3 Claiming credit under Section 3

For each single instance, customers may petition for downtime credit under either Section 2 or Section 3, but no customer may petition for downtime under both Section 2 and Section 3 for any single instance of downtime.

4.1 Notification and Identification of Downtime

Any credit accruing from server or network downtime begins from the time the client notifies Netmar and ends when Netmar has determined the problem is rectified. The client must specifically request credit after the downtime has ended and before the end of the current billing cycle, or within 10 days, whichever is longer.

4.2 Ineligibility of Scheduled Downtime

Netmar may perform scheduled maintenance on the client’s server and induce downtime not covered by this Service Level Agreement by providing the client with downtime notification no less than 72 hours in advance.

4.3 Ineligibility of Delinquent Clients

Clients who are delinquent in their accounts are ineligible for Service Level Agreement credit.

4.4 Maximum Credit

The Netmar Service Level Agreement may only grant the customer reimbursement up to and including the customer’s base monthly fee. Customers may not receive credit exceeding their base monthly fee.

4.5 Maintenance Requested by Clients

Any maintenance requested by the client is ineligible for Service Level Agreement credit, unless the maintenance exceeds the estimated amount of time to accomplish the maintenance provided to the client by Netmar Staff. In the event that an estimate amount of time to accomplish the maintenance is not agreed upon by both Netmar and the Client, the estimate will be assumed to be infinite.

4.6 Simultaneous Downtime Credit Exclusion

Each period of downtime may be covered by only one request for credit. No single period of downtime may receive credit resulting from more than one Section of the Netmar Service Level Agreement. Downtime is cumulative across a billing cycle.

5.1 Authoritative Version of this Document

Netmar reserves the right to update or modify in any way any section of this Service Level Agreement. When any change to the Service Level Agreement is made, the most recent version is authoritative over previous versions. The Netmar Service Level Agreement will be made available at: http://www.netmar.com/aboutus/legal/sla.html.

Revision date: 2/18/2010
Effective Date: 1/19/2004
(this document is not retroactive for customers who sign up prior to this date)