United Kingdom Dedicated Single Server Web Hosting Services: Service Level Agreement

Server Availability Commitment

Server Availability Commitment Scope: FIDONET’s Service Availability Commitment for a non-redundant Server, which shall mean a FIDONET provided standard production server or firewall, is to limit Customer’s Server unavailability to less than 200 minutes of unavailability in any Week. FIDONET’s Service Availability Commitment for any Array is to limit Customer’s Array unavailability to less than 50 minutes of unavailability in any Week. An Array is defined as two (2) or more Servers (including firewalls) which are configured for redundant functionality. Specifically, Arrays shall include two (2) or more Servers using HTTP or HTTPS load balancing, two (2) or more Servers configured as DFO (Dynamic Failover) database servers, and two (2) or more firewalls configured for automatic failover.

Scheduled Maintenance Scope: Scheduled Maintenance shall mean both (1) any maintenance in the FIDONET data center at which Customer’s Server or Array is located (a) of which Customer is notified at least 48 hours in advance and (b) that is performed during a standard maintenance window on Tuesdays and Thursdays from 3 AM to 6 AM local time to the applicable data center and (2) any maintenance (a) of which Customer is notified at least 24 hours in advance if the Servers may not be accessible to the Internet and that is either (b) performed during a standard maintenance window on Saturdays from 11PM – Sundays 3AM, GMT or (c) performed during a nonstandard maintenance window at a time approved by Customer’s designated point of contact. Notice of Scheduled Maintenance will be provided to Customer’s designated point of contact by a method elected by FIDONET (telephone, email, fax or pager). Nothing in this paragraph shall prevent FIDONET from conducting emergency maintenance on an as needed basis.

Server Availability Commitment Process: If Customer opens a trouble ticket with the FIDONET help desk or FIDONET Customer Support within ten (10) days of Customer’s Server(s) unavailability and FIDONET determines in its reasonable commercial judgment that the Server or Array was unavailable, that outage will be used to calculate Server or Array unavailability for the remedies provided below. Server or Array shall be deemed unavailable if FIDONET’s standard hardware, software, operating system or network is functioning in a manner that prevents HTTP, HTTPS, or SQL access, if applicable, to the Server or Array. Unavailability shall not be deemed to occur as a result of maintenance activities; acts or omissions of Customer or its agents; failure of Customer supplied content; failure of any non-standard hardware or software installed by FIDONET or Customer; network unavailability outside the FIDONET network; or events of Force Majeure (as defined in the applicable FIDONET contract). Periods of unavailability during which the Customer is in breach of its agreement with FIDONET, including, but not limited to, violation of the Policy or payment default, shall not be used to calculate Server or Array unavailability to determine the remedies provided below.

Server Availability Commitment Remedy: If FIDONET determines in its reasonable commercial judgment that Customer’s Server was unavailable for over 200 minutes in a Week or Customer’s Array was unavailable for over 50 minutes in a Week, FIDONET, upon Customer’s request, will credit Customer’s account the pro-rated charges for one-week’s charges for the Server or Array hardware, as applicable, and standard software. For the purpose of this Service Availability Commitment Remedy, a Week shall mean the period from 12:00:01 AM Monday, GMT until 12:00:00 AM the following Sunday, GMT.

Server Installation Guarantee

Server Install Guarantee Scope: FIDONET’s Server Install Guarantee is to have installation of Customer’s Server(s) completed within 10 business days if Customer’s total Server order is for two (2) or fewer Servers and within 15 business days for three (3) to ten (10) Servers. If Customer’s total Server order is for over ten (10) Servers FIDONET will identify the Installation Guarantee on the applicable Service Order Form.

Server Install Guarantee Process: FIDONET’s installation commitment shall commence on the day Customer receives an email from FIDONET that the contract paperwork and customer information packet have been received and are complete. A Server is deemed to be installed when FIDONET is prepared to provide access codes to Customer. The Server Install Guarantee is not available if an installation delay is attributable to non-standard products (as identified in the applicable Service Order Form), acts or omissions of Customer, its employees or agents, Customer not passing FIDONET’s credit check, or reasons of Force Majeure (as defined in the applicable service agreement).

Server Install Guarantee Remedy: Upon receiving notice from FIDONET that FIDONET is prepared to provide Customer with the applicable access codes, Customer shall have ten (10) days within which to contact FIDONET’s billing support if Customer believes FIDONET has failed to meet the Server Install Guarantee. If Customer contacts FIDONET within such ten (10) day period and if FIDONET determines in its reasonable commercial judgment that FIDONET has failed to meet this Server Install Guarantee, Customer’s account shall be credited: (1) 10% of FIDONET’s Install Fee per Server(s) for each day that FIDONET fails to install the Server beyond the guarantee period when the total order is for two or fewer Server(s); (2) 6 ½ % of FIDONET’s Install Fee per Server(s) for each day that FIDONET fails to install the Server(s) beyond the guarantee period when the total order is between three(3) and ten (10) Servers; and, (3) 5% of FIDONET’s Install Fee per Server(s) for each day that FIDONET fails to install the Server(s) beyond the guarantee period set forth in the applicable Service Order Form when the total order is over ten (10) Servers. In no instance shall the credit under this Server Install Guarantee exceed 100% of the Install Fee.

Network Latency Guarantees

North American Network Latency Guarantee Scope: FIDONET’s North American Network Latency Guarantee is average round-trip transmissions of 55 milliseconds or less between FIDONET-designated inter-regional transit backbone network routers (“Hub Routers”) in North America.

European Network Latency Guarantee Scope: FIDONET’s European Network Latency Guarantee is average round-trip transmissions of 55 milliseconds or less between FIDONET-designated Hub Routers within Europe.

Transatlantic Network Latency Guarantee Scope: FIDONET’s Transatlantic Network Latency Guarantee is average round-trip transmissions of 95 milliseconds or less between a FIDONET-designated Hub Router in the New York metropolitan area and a FIDONET-designated Hub Router in the London metropolitan area.

Network Latency Guarantee Process: Latency shall be measured by averaging sample measurements taken during a calendar month between Hub Routers. Each month’s Network performance statistics relating to the Network Latency Guarantees shall be posted in the FIDONET Stats Centre No credits will be made if failure to meet a Network Latency Guarantee is attributable to reasons of Force Majeure (as defined in the applicable service agreement).

Network Latency Guarantee Remedy: If FIDONET fails to meet any Network Latency Guarantee in any calendar month, Customer’s account shall be automatically credited for that month for the pro-rated charges for one day of the FIDONET Monthly Fee for the service with respect to which a Network Latency Guarantee has not been met.

Network Packet Delivery Guarantee

North American Network Packet Delivery Scope: FIDONET’s North American Network Packet Delivery Guarantee is packet delivery of 99% or greater between FIDONET-designated Hub Routers in North America.

European Network Packet Delivery Scope: FIDONET’s European Network Packet Delivery Guarantee is packet delivery of 99% or greater between FIDONET-designated Hub Routers within Europe.

Transatlantic Network Packet Delivery Scope: FIDONET’s Transatlantic Network Packet Delivery Guarantee is packet delivery of 99% or greater between a FIDONET-designated Hub Router in the New York metropolitan area and a FIDONET-designated Hub Router in the London metropolitan area.

Packet Delivery Guarantee Process: Packet Delivery shall be measured by averaging sample measurements taken during a calendar month between Hub Routers. Each month’s Network performance statistics relating to the Network Packet Delivery Guarantee shall be posted in the FIDONET Stats Centre. No credits will be made if failure to meet a Network Packet Delivery Guarantee is attributable to reasons of Force Majeure (as defined in the applicable service agreement).

Network Packet Delivery Guarantee Remedy: If FIDONET fails to meet any Network Packet Delivery Guarantee in a calendar month, Customer’s account shall be automatically credited for that month for the pro-rated charges for one day of the FIDONET Monthly Fee for the service with respect to which a Network Packet Delivery Guarantee has not been met.

Denial of Service Response Time SLA FIDONET will respond to Denial of Service attacks reported by Customer within 15 minutes of Customer opening a complete trouble ticket with FIDONET Customer Support. To open a trouble ticket for Denial of Service, Customer must call FIDONET at 0845 004 3050 (Option 3) and state: “I am under a Denial of Service Attack.” A complete trouble ticket consists of Customer’s Name, Account Number, Caller Name, Caller Phone Number, Caller Email Address and Possible Destination IP address/Type of Attack.

Denial of Service Response Time SLA Remedy If FIDONET fails to meet the Denial of Service Response SLA, Customer’s account will be credited, at Customer’s request, the pro-rated charges for one day of the FIDONET Monthly Fee for the affected Service. Customer may obtain no more than one credit per day, regardless of the number of Denial of Service SLA non-compliances during the day. FIDONET defines a Denial of Service attack as more than 95% bandwidth utilization. FIDONET shall use trouble tickets and other appropriate FIDONET records to determine, in its sole judgment, SLA compliance. Customer must notify FIDONET no later than 30 days after the Denial of Service attack(s) occurred. To request a credit for Hosting Services, Customer must contact accounts and include the Security Operations Center ticket number related to the request. This SLA is only available in the United Kingdom.