Blue Oryx Service Level Agreement

This Service Level Agreement ("SLA") applies to customers of Blue Oryx Internet Solutions, LLC IP transit services, dedicated server hosting services, and co-located server hosting services only. It does not apply to customers of Blue Oryx Internet Solutions, LLC virtual hosting services or Blue Oryx Internet Solutions, LLC - branded connectivity services (e.g., DSL).

This SLA provides Customer with certain rights and remedies regarding the performance of the Blue Oryx Internet Solutions, LLC Network. The " Blue Oryx Internet Solutions, LLC Network" means the Blue Oryx Internet Solutions, LLC owned and operated Internet Protocol (IP) routing infrastructure through which Blue Oryx Internet Solutions, LLC provides Internet connectivity and IP routing and transit to its customers. This Service Level Agreement applies only to Network Outages (as defined herein) on the Blue Oryx Internet Solutions, LLC Network.

Availability Guarantee

Blue Oryx Internet Solutions, LLC guarantees that the critical infrastructure systems, including power and HVAC, will be available 100% of the time in a given month, excluding scheduled maintenance. Upon experiencing downtime, Blue Oryx Internet Solutions, LLC will refund the customer 3% of the monthly fee for each 30 minutes of downtime (up to 100% of customer's monthly fee). Critical infrastructure includes functioning of all power and HVAC infrastructure including UPSs, PDUs and cabling, but does not include the power supplies on customers' servers. Infrastructure downtime exists when a particular server is shut down due to power or heat problems and Blue Oryx Internet Solutions, LLC records such failure in the Blue Oryx Internet Solutions, LLC trouble ticket system. Infrastructure downtime is measured from the time the customer opens a trouble ticket regarding server downtime to the time the problem is resolved and the server is powered back on.

Exceptions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Blue Oryx Internet Solutions, LLC Network caused by or associated with:

(a) failure of power, facilities, equipment, applications, systems or connections not provided by Blue Oryx Internet Solutions, LLC;
(b) failure of access circuits to the Blue Oryx Internet Solutions, LLC Network, unless such failure is caused solely by Blue Oryx Internet Solutions, LLC;
(c) General telco failure;
(d) scheduled maintenance;
(e) DNS issues outside the direct control of Blue Oryx Internet Solutions, LLC;
(f) outage or error of any Blue Oryx Internet Solutions, LLC measurement system;
(g) Customer's acts or omissions, including without limitation, any negligence, willful misconduct, or use of the Blue Oryx Internet Solutions, LLC Network or Blue Oryx Internet Solutions, LLC services in breach of Blue Oryx Internet Solutions, LLC Terms and Conditions and Acceptable Use Policy, by Customer or others authorized by Customer;
(h) any reason beyond the control of Blue Oryx Internet Solutions, LLC, including, without limitation, acts of God or any governmental body, war, sabotage, fire, flood, earthquake or labor disturbance.

Measurement

Blue Oryx Internet Solutions, LLC will periodically (on average every 15 minutes) measure the Blue Oryx Internet Solutions, LLC Network at the edge router using software and hardware components capable of measuring application traffic and responses at such measurement. Customer acknowledges that such measurements constitute measurements of traffic on the Blue Oryx Internet Solutions, LLC Network but not other networks to which Customer may connect. Blue Oryx Internet Solutions, LLC reserves the right to periodically change the measurement points and methodologies it uses without notice to Customer. Measurements will be posted to a website designated by Blue Oryx Internet Solutions, LLC and made available to Customer.

Credit Request and Payment Procedures

Requests for credits must be made on the website designated by Blue Oryx Internet Solutions, LLC. Each request in connection with a Network Outage must be received by Blue Oryx Internet Solutions, LLC within seven days of the Network Outage.

Notwithstanding anything in this SLA to the contrary, the total amount credited to a Customer in connection with Network Outages, in any calendar month will not exceed the base service fee paid by Customer to Blue Oryx Internet Solutions, LLC for such month.

Each validly requested credit will be applied to a Customer invoice within 2 billing cycles after Blue Oryx Internet Solutions, LLC receipt of such request. Credits are exclusive of any applicable taxes charged to Customer or collected by Blue Oryx Internet Solutions, LLC.

General

Blue Oryx Internet Solutions, LLC reserves the right to change or modify this SLA at any time without notice. Except as set forth in this SLA, Blue Oryx Internet Solutions, LLC makes no claims regarding the availability or performance of the Blue Oryx Internet Solutions, LLC Network.

ICANN Policy: http://www.icann.org/dndr/udrp/policy.htm


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