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| Revision: 11.16.03 |
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| 1. |
General.
2advanced.net’s network architecture is designed to provide
you with the best combination of high quality bandwidth, limited
latency, equipment reliability and performance. In order to
meet our service goals, we have constructed a state-of-the-art
network facility that utilizes multiple high-speed global Internet
backbone connections as well as several layers of redundancy.
As a matter of confidence in our services and reliability, we
extend to our customers this Service Level Agreement (“SLA”)
which describes the service level guarantees provided to you
by 2advanced.net. This SLA applies to Internet data transmission
and equipment performance from any and all data centers owned
or operated, by 2advanced.net as specifically pertains to the
Shared, Virtual Private and Dedicated Server hosting accounts.
This SLA is not applicable if any service degradation or
disruption (a).
occurs during schedule maintenance activity; (b).
is the result of telephone company outages on shared services
such as Frame Relay, SMDS, ATM, and Metropolitan Gigabit Fiber;
(c). is related
to acts or omissions of you or your authorized agent; (d).
is the result of a malicious action by a third party against
you or your authorized agent; (e).
is related to adverse behavior of your equipment, facilities
or applications that have been installed or located on the
2advanced.net network or 2advanced.net equipment; (or) (f).
is related to adverse weather, natural disasters, acts of
God, civil disorders, or other occurrences beyond the reasonable
control of 2advanced.net.
Please note that by subscribing to and/or using the
services provided by 2advanced.net or 2advancedstudios.net,
or any derivative thereof, you are accepting the terms and
conditions set forth in this Service Level Agreement.
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| 2. |
Technical
Support. 2advanced.net provides you with
technical support concerning the setup, access, other server
related issues, and ongoing operation of your account free of
charge. 2advanced.net does not provide support for web applications,
scripts, or any third party components or software that you
have implemented or are intending to implement on your account
(and to the extent supported by the physical limitations of
this class of account service. 2advanced.net’s technical
support department operates 24 hours per day, 7 days per week,
365 days per year and is available by telephone (toll-free only
to the United States, International must dial directly) during
this time. In the abnormal event of unusually high call volume
or telephone system problems, 2advanced.net’s technical
support department can be reached by e-mail at support@2advanced.net
or through the use of the online Help Desk system, which can
be accessed upon successful login to your Client Billing Manager
account management page located at http://cbm.2advanced.net/.
The 2advanced.net standard time of initial first response
to technical support issues is less than two (2) hours. This
time, however, depends on the complexity of the inquiry and
our overall workload in general. Highest priority for technical
issues is prioritized on your server availability basis (severity),
and is not considered “first come, first served”.
All phone calls or e-mails will be assigned a problem trouble
ticket which will be updated to your account records for historical
tracking purposes. In the event that initial first response
is not achieved by 2advanced.net, you will be credited the
prorated rate of one (1) day of account service charges, for
each hour past the initial two (2) hour initial first response
time, up to a maximum credit of five (5) days account service
charges. Technical Support response credits will only be made
available upon notification to your 2advanced.net technical
support representative and at the time that initial contact
is made.
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| 3. |
Other
Customer Service Requests. 2advanced.net
provides you with general customer service support pertaining
to your account free of charge. 2advanced.net’s customer
service department operates from 8:00 am (Pacific Standard Time)
to 6:00 pm (Pacific Standard Time), Monday through Friday, and
is closed on all national holidays. Generally, all non-technical
customer service requests are responded to within four (4) hours
during the aforementioned times. If your request pertains to
billing, account information, or cancellation, please contact
a Customer Service Representative by e-mail to billing@2advanced.net.
Any inquires regarding the purchase of new account service,
modification of existing service, or participation in our Affiliate
Program should be directed to sales@2advanced.net.
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| 4. |
Escalation
Procedures. In the event that our technical
support representatives are unable to resolve your technical
support issues within the scope described in this Service Level
Agreement, and to the extent that you are dissatisfied with
your technical support representative’s ability to achieve
resolution of your problem, your trouble ticket can be escalated
to a 2advanced.net Network Engineer. Once our technical support
representatives have exhausted all possibilities for resolution
within their control, Network Engineers will be made available
on a “on-call” basis, 24 hour per day, 7 day per
week, 365 day per year. The initial response time guaranteed
by our Network Engineer team is four (4) hours from first contact
by our technical support representative. As some issues may
be particularly complex or require extensive investigation,
the response times contained herein do not imply that a resolution
is guaranteed within that time. |
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| 5. |
Network
Availability. 2advanced.net is committed to
providing you with 100% service ability of its network facilities,
from point of connection to the Internet Backbone. During the
course of any calendar month, if 2advanced.net network services
are unavailable to you for an accumulated one-hour period or
more (exclusive of limitations described in Section 1 above),
2advanced.net will credit you the prorated rate for two days
of account service charges, for each hour of Network Unavailability,
up to a maximum credit of one month’s services charges.
Network Availability credits will only be made available if
you contact 2advanced.net within five (5) days of such outage
and request a credit for Network Availability in accordance
with this Section 5 of the 2advanced.net SLA. |
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| 6. |
Server
Availability. In an effort to achieve the greatest
commitment to providing quality service to you, 2advanced.net
observes the following schedule of credits for our failure to
provide continuing Server Availability under the terms of this
SLA. |
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| 6.1. |
Web Server Availability.
2advanced.net guarantees 99.6% monthly average availability
of its Web Servers. Web Server availability is defined
as your ability, via a web browser, to retrieve HTTP headers
from your account server specifically. Unless otherwise
provided for in our Managed Dedicated Server accounts,
2advanced.net does not actively monitor availability of
individual web sites, but rather monitors the availability
of the physical server itself. In order to monitor Web
Server Availability, 2advanced.net will ping the HTTP
service on the server and retrieve HTTP headers on a 5-minute
interval basis with a 30-second threshold. During this
time, if the HTTP service does not respond, the server
will be considered to be non-operational and is automatically
rebooted. If rebooting the server fails, the problem is
automatically escalated to our technical support representatives.
From the point of declared non-operational, we will calculate
the total elapsed duration of server outage. |
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| 6.2. |
Mail Server Availability.
2advanced.net guarantees 99.6% monthly average availability
of its Mail Servers. Mail Server availability is defined
as your ability, to send (SMTP) and retrieve (POP3) e-mail
via the particular mail server (and assuming both services
are actually configured to run on the server). Unless
otherwise provided for in our Managed Dedicated Server
accounts, 2advanced.net does not actively monitor availability
of individual mail servers, but rather monitors the availability
of mail services on the whole for a physical server. In
order to monitor Mail Server Availability, 2advanced.net
will ping the SMTP and POP services every 5-minutes for
30-second thresholds. During this time, if the SMTP and
POP3 service does not respond, the server will be considered
to be non-operational and is automatically rebooted. If
rebooting the server fails, the problem is automatically
escalated to our technical support representatives. From
the point of declared non-operational, we will calculate
the total elapsed duration of server outage. |
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| 6.3. |
Server Availability
Penalties. Upon your notice to 2advanced.net
that your availability for the current calendar month
has fallen below the guaranteed levels described in Section
6.1 or Section 6.2 inclusive, 2advanced.net will refund
you in accordance to the schedule below a portion of your
monthly service charges, up to a maximum credit of one
month’s service charges:
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| Server
Availability 99.0% through 99.6% |
10%
of Monthly Service Fee Credit |
| Server
Availability 98.0% through 98.9% |
20%
of Monthly Service Fee Credit |
| Server
Availability 95.0% through 97.9% |
35%
of Monthly Service Fee Credit |
| Server
Availability 90.0% through 94.9% |
50%
of Monthly Service Fee Credit |
| Less
than 90% Server Availability |
Full
Moth Service Fee Credit |
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To receive your refund, you must specifically request
it during the month or within five (5) days following
the last day of the month for which the refund is requested.
You will be required to provide all dates, times and
durations of server unavailability along with various
account information. All information must be submitted
by e-mail to billing@2advanced.net.
Your information will then be investigated and compared
against 2advanced.net maintenance records to ensure
accuracy. A credit to your account will be issued if
the alleged unavailability is confirmed, which will
be at the discretion of the 2advanced.net investigator.
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| 6.4. |
Scheduled Maintenance.
To ensure ongoing and optimal server performance of all
Shared, Virtual Private and Dedicated servers, 2advanced.net
will from time-to-time perform routine maintenance on
said servers. Accordingly, 2advanced.net reserves the
right to one (1) hour of server unavailability per month
for maintenance purposes (“Scheduled Maintenance”).
This Scheduled Maintenance is not included in server uptime
calculations nor is it applicable towards the Server Availability
Penalties described in Section 6.3 above. |
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| 7. |
Data
Integrity and Redundancy. Where indicated in
the account features section of the 2advanced.net Electronic
Ordering Form, 2advanced.net will employ several techniques
to ensure the ongoing integrity and redundancy of data on its
servers. However, as a matter of practice all data contained
on our web servers is your exclusive property and therefore
you should take additional steps to ensure the security, safety
and backup of your data. Unless 2advanced.net Backup Services
have been specifically purchased, 2advanced.net will not perform
routine or scheduled backups on your account. A backup may be
performed by 2advanced.net, at its option, for emergency purposes
only and depending upon the circumstances of the emergency may
need to be restored. In such event, 2advanced.net will notify
you of this procedure prior to actual performance. If your web
server becomes corrupt or non-operational, for any reason, you
may be called upon to restore your data. All accounts with 2advanced.net
have the ability to perform a manual (self-administration) backup
of data, and therefore if you are not using the 2advanced.net
Backup Services you are highly encouraged to perform this function
on a regular basis. |
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| 8. |
Server
Storage Capacity. Where indicated in the
account features section of the 2advanced.net Electronic Ordering
Form, 2advanced.net provides you with information pertaining
to the total storage capacity of your account. For an additional
monthly fee and upon your request, 2advanced.net will increase
the total storage capacity of your account. However, it should
be noted that unless precautions are taken to monitor your storage
capacity usage, your server may stop accepting, processing,
or delivering data without your knowledge and without prior
warning. This in turn may be attributed to server unavailability
or even data loss. 2advanced.net shall not be held responsible
for such unavailability or data loss. It is your responsibility
to keep within the assigned limits of the account or to proactively
request Storage Capacity upgrades to your account. |
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| 9. |
Data
Retention. Except for where noted in the Online
Hosting Agreement and Acceptable Use and Service Policy, 2advanced.net
shall not retain any of your data following account termination,
for any reason. In addition, any special backups made in accordance
with Section 7 of this Agreement will be immediately destroyed
following appropriate use and verified restoration procedures.
At the time of account termination, all data is removed from
our servers and from back-ups during scheduled back-up rotation.
As a matter of practice, 2advanced.net shall not restore to
another server, copy to CD-ROM, or send out any data pertaining
to existing or terminated accounts. |
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| 10. |
Your
Responsibilities. At a minimum, you will need
to have the following access and provisions in order to make
use and access the 2advanced.net service: |
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| (a). |
An Internet connection with sufficient bandwidth; (and) |
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| (b). |
A fully functioning Internet browser; (and) |
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| (c). |
A fully functioning POP/SMTP e-mail program (client);
(and)
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| (d). |
Tools to develop and publish content as you deem necessary;
(and) |
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| (e). |
Tools to access database servers if you have purchased
such services. |
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