Whereas Assimulare, Inc., hereinafter referred to as "Assimulare",
is in the business of providing a variety of telecommunication
and data networking services and _______________________________,
hereinafter referred to as "Customer", desires access
to and use of Assimulare's Network Service with guaranteed
levels of network latency, customer support, reliability,
service provisioning, and business continuity/disaster recovery,
Assimulare makes the following statements and offers the following
service level guarantees.
Assimulare has engineered an IP (Internet Protocol) packet
switching backbone with a massive level of redundancy, availability,
and security features. To wit:
" Traffic at each backbone site is separated into 'core'
and 'border' traffic. All IP traffic is filtered appropriately.
" All backbone IP equipment is duplicated with redundant
connections. Backbone IP equipment failure will result in
dynamic rerouting of backbone traffic, under normal conditions,
in less than 30 seconds.
" All backbone sites are interconnected via multiple
diversely routed links.
" All traffic will be routed using standard BGP routing
" No backbone data circuit, either physical or virtual,
will operate at more than 90% of rated capacity. Assimulare
will order an increase in circuit capacity whenever traffic
exceeds 75% of rated capacity. (Rated capacity is defined
as the maximum guaranteed usable bit rate that can flow across
a given physical or virtual circuit. For instance a T1 has
a rated capacity of 1.544 mbps.).
" No peering connection will operate at more than 90%
of rated capacity. Assimulare shall order an increase in circuit
capacity whenever traffic exceeds 75% of rated capacity.
" No transit connection of DS3 or higher speed will
operate consistently at more than 90% of rated capacity. Assimulare
will order an increase in transit circuit capacity whenever
traffic exceeds 75% of rated capacity.
Network Latency Guarantees:
Scope: IP packet switching round-trip times (obtained utilizing
the 'ping' and 'traceroute' probes) from any Assimulare network
element to any other Assimulare network element shall be less
than 85 milliseconds. It must be understood that responding
to these network probes is the lowest priority task assigned
to network elements and that any network element under attack
will, by necessity, give priority to combating the attack.
(Forwarding of IP packets will proceed at normal rates even
though these tools may report elevated times under attack
Process: Latency shall be measured by taking the average
round-trip time of a group of ten (10) ICMP echo-request packets
and recording this value once every five (5) minutes. The
average of the twelve (12) readings that occur within any
given hour shall be utilized as the hourly average round-trip
time (hartt) for purposes of this Service Level Agreement.
The harrt values used to determine Network Latency Guarantee
are those that originate at the Assimulare Network Access
Point hosting the customer's connection. Harrt values for
time periods during which an active network attack was in
progress will not be utilized to determine applicability of
the Network Latency Guarantee. No credits shall be made if
failure to meet a Network Latency Guarantee is attributable
to reasons of Force Majeure as defined in an addendum to this
Service Level Agreement.
Remedy: If Assimulare fails to meet any Network Latency Guarantee
in two calendar months during the term on Customer's service
contract, Customer's account shall be automatically credited
for the second month and any subsequent month during the term
of Customer's original service contract. Time periods during
which an active network attack was in progress, as detailed
above, will not be used to determine failure of the Network
Customer Support Quality:
Outage Reporting Guarantee Scope: Assimulare's Outage Reporting
Guarantee is to notify Customer within 15 minutes after Assimulare's
determination that Customer's service is unavailable or significantly
Process: Assimulare's Outage Reporting Guarantee is applicable
only if Customer completes Assimulare's Customer Information
Form in its entirety and supplies Assimulare with applicable
updates as contact information changes. Assimulare will be
relieved of its obligations under this Outage Reporting Guarantee
if Assimulare's contact information for Customer is out of
date or inaccurate due to Customer's action or omission or
if Assimulare's failure is due to reasons of Force Majeure
as defined in an addendum to this Service Level Agreement.
Remedy: If Assimulare fails to meet the Outage Reporting
Guarantee, at Customer's request Customer's account shall
be credited the pro-rated charges for one day of the Assimulare
Monthly Fee for the service with respect to which this Guarantee
has not been met; provided, that Customer may obtain no more
than one credit per day, irrespective of how often in that
day Assimulare failed to meet the Outage Reporting Guarantee.
Service Availability Guarantee Scope: Assimulare's Service
Availability Guarantee is to have the Assimulare Network (as
defined in an addendum) available 100% of the time.
Scheduled Maintenance Scope: Scheduled Maintenance shall
mean any maintenance at the Assimulare network access point
to which Customer's data network is directly connected (a)
of which Customer is notified 48 hours in advance, and (b)
that is performed during a standard maintenance window on
Tuesdays and Thursdays from 03:00 AM to 06:00 AM or on Sundays
from 03:00 AM to 08:30 AM. All times shall be based upon local
time at the Assimulare network access point to which Customer's
data network is directly connected. Notice of Scheduled Maintenance
will be provided to Customer's designated point of contact
by email delivery at least 48 hours in advance.
Process: Assimulare will, at Customer's request, calculate
Customer's Network Unavailability in a calendar month. Network
Unavailability consists of the number of minutes that the
Assimulare network was not available to Customer, and includes
unavailability associated with any maintenance at the Assimulare
network access point to which Customer's data network is directly
connected other than Scheduled Maintenance. Outages will be
counted as Network Unavailability only if Assimulare notifies
Customer of the outage in accordance with the Outage Reporting
Guarantee set forth previously or it Customer opens a trouble
ticket with Assimulare customer support within five (5) days
of the outage. Network Unavailability will not include Scheduled
Maintenance, or any unavailability resulting from (a) Customer's
applications, equipment, or facilities, (b) Customer ordered
telecommunications circuit failures, both physical and virtual,
(c) acts or omissions of Customer, or any use or user of the
service authorized by Customer, (d) outages imposed upon the
Customer as a result of violations of the standard Terms and
Conditions of use, or (e) reasons of Force Majeure as defined
in an addendum to this Service Level Agreement.
Remedy: For each cumulative hour of Network Unavailability
or fraction thereof in any calendar month, at Customer's request
Customer's account shall be credited for the pro-rated charges
of one day of the Assimulare Monthly Fee, not to exceed one
full month's Monthly Fee in any calendar month.
Caveats and Exclusions:
Assimulare specifically does not and cannot guarantee the
" Circuit outages outside of the Assimulare network.
This includes the circuit connecting the customer to the nearest
network element on the Assimulare network.
" Performance within another Internet Service Provider's
network. Assimulare shall provide all capacity required for
optimal performance, but cannot guarantee that other providers
will do the same.
" Performance across peering links. As stated earlier,
Assimulare shall provide all capacity required for optimal
peering performance, but cannot guarantee that other providers
will do the same.
" Performance to a specified end-user, even if on the
Assimulare network. We will,
however, guarantee performance to the point on Assimulare's
network that is topologically nearest to the specified end-user.