Global IP Network Backbone Network SLA Terms and Conditions

1. Application of Global IP Network Backbone SLA

These Global IP Network ("GIN") Backbone Service Level Agreements (SLAs) provide Customers with certain rights and remedies regarding the performance of the Global IP Network Backbone (as defined below). These Global IP Network Backbone SLAs apply only to Customers receiving the following services from GIN: (i) Ethernet services, and/or (ii) colocation or dedicated server services utilizing the Global IP Network Backbone (each a "Customer"), unless otherwise specified for a Customer.

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2. Definitions

For purposes of these Global IP Network Backbone SLAs, the following terms have the meanings set forth below:

  • "Global IP Network Backbone" means Global IP Network owned and operated Internet Protocol (IP) routing infrastructure consisting solely of selected Global IP Network points of presence at which the Global IP Network has installed measurement devices ("Selected POPs") (i) within North America and the connections between such Selected POPs (the "North America Network"), (ii) within Europe and the United States and the Trans-Atlantic connections between such Selected POPs (the "Trans-Atlantic Network") (iii) within Asia and the United States and the Trans-Pacific connections between such Selected POPs (the "Trans-Pacific Network"), (iv) within Asia and Europe and the connections between such Selected POPs (the "Asia to Europe Network"), (v) within Asia and the connections between such Selected POPs (the "Asia Network"), and (vi) within Europe and the connections between such Selected POPs (the "Europe Network").
  • "Network Outage" means an instance in which no traffic can pass in or out of the Selected POP through which Customer connects to the Global IP Network Backbone for more than 15 consecutive minutes.
  • "Latency" means the average time required for round-trip packet transfers between Selected POPs on the selected portions of the Global IP Network Backbone during a calendar month, as measured by the Global IP Network.
  • "Packet Loss" means the average percentage of IP packets transmitted between Selected POPs during a calendar month that are not successfully delivered, as measured by the Global IP Network.
  • "Average Jitter" means the average variation in delay for packet transfers between Selected POPs during a calendar month, as measured by the Global IP Network.
  • "Maximum Jitter" means the maximum variation in delay for packet transfers between Selected POPs, as measured by the Global IP Network.
  • "Base Fee" consists solely of the base monthly fee paid by Customer for the affected the Global IP Network service and excludes all other fees which might be charged to Customer, including, by way of example and not limitation, set-up fees, fees for local loop, space rental fees, charges for additional services such as managed services, incremental bandwidth usage, electricity, extra IP addresses, RAM, or hard drives beyond that which is available without additional charge under the Global IP Network's standard rates, hourly support charges, and other types of optional additional services.

For example, for Dedicated Server Customers, the Base Fee may include just the fee for the standard server package, which would cover the use of the server and up to the amount of data transfer allowed each month without additional charge. For Customers of other Global IP Network services, the Base Fee may include just the base monthly access or bandwidth fee paid by a Customer.

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3. Summary of Global IP Network Backbone SLAs

As described in more detail below, these Global IP Network Backbone SLAs provide commitments based upon goals in four key areas:

  • The Global IP Network Backbone available to Customer free of Network Outages 100% of the time.
  • Latency of the Global IP Network Backbone of (i) 50 milliseconds or less for the North American Network, (ii) 90 milliseconds or less for the Trans-Atlantic Network and (iii) 130 milliseconds or less for the Trans-Pacific Network, (iv) 285 milliseconds or less for the Asia to Europe Network, (v) 95 milliseconds or less for the Asia Network, (vi) 35 milliseconds or less for the Europe Network.
  • Packet Loss of the Global IP Network Backbone of 0.1% or less.
  • Average Jitter on the Global IP Network Backbone of 250 microseconds or less; and Maximum Jitter not to exceed 10 milliseconds more than 0.1% of the time.

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4. Global IP Network Backbone Availability

Global IP Network's goal is to make the Global IP Network Backbone available to Customer free of Network Outages 100% of the time.

Subject to Sections 9 and 10 below, upon Customer's request, the Global IP Network will issue a credit to Customer for Network Outages in an amount equal to one day's worth of the Base Fee paid by Customer, multiplied by each hour (or portion thereof rounded to the next hour) of the cumulative duration of such Network Outages during a particular month.

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5. Global IP Network Backbone Latency

Global IP Network's goal is to keep Latency on the Global IP Network Backbone to (i) 50 milliseconds or less for the North America Network, (ii) 90 milliseconds or less for the Trans-Atlantic Network and (iii) 130 milliseconds or less for the Trans-Pacific Network, (iv) 285 milliseconds or less for the Asia to Europe Network, (v) 95 milliseconds or less for the Asia Network, (vi) 35 milliseconds or less for the Europe Network.

Subject to Sections 9 and 10 below, if Latency on the North America Network, the Trans-Atlantic Network or the Trans-Pacific Network, as applicable, for a calendar month exceeds the time frame set forth above for the applicable portion of the Global IP Network Backbone, Global IP Network will issue a credit to Customer equal to one day's worth of the Base Fee paid by Customer for such month.

The terms of this Global IP Network Backbone SLA related to Latency will take effect the first full calendar month after Customer's first use of the Global IP Network Backbone.

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6. Global IP Network Backbone Packet Loss

Global IP Network's goal is to keep Packet Loss on the Global IP Network Backbone to 0.1% or less. If Packet Loss on the Global IP Network Backbone exceeds 0.1% during a calendar month, Global IP Network will issue a credit to Customer equal to one day's worth of the Base Fee paid by Customer for such month.

The terms of this Global IP Network Backbone SLA relating to Packet Loss will take effect the first full calendar month after Customer's first use of the Global IP Network Backbone.

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7. Global IP Network Average and Maximum Jitter

Global IP Network's goal is to keep Average Jitter on the Global IP Network Backbone to 250 microseconds or less; and for Maximum Jitter not to exceed 10 milliseconds more than 0.1% of a calendar month. Subject to Sections 9 and 10 below, if Average Jitter on the Global IP Network Backbone exceeds 250 microseconds; or if Maximum Jitter exceeds 10 milliseconds more than 0.1% of a calendar month, Global IP Network will issue a credit to Customer equal to one day's worth of the Base Fee paid by Customer for such month.

The terms of this Global IP Network Backbone SLA relating to Jitter will take effect the first full calendar month after Customer's first use of the Global IP Network Backbone.

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8. Measurement

Global IP Network will periodically (on average every 5 minutes) measure the Global IP Network Backbone at Selected POPs using software and hardware components capable of measuring traffic and responses at such Selected POPs. Customer acknowledges that not every POP may be covered by such measurements, that such measurements may not measure the exact path traversed by Customer's packets, and that such measurements constitute measurements across the Global IP Network Backbone but not other networks to which Customer may connect. Global IP Network reserves the right to periodically change the measurement points and methodologies it uses without notice to Customer. For reports of performance of the Global IP Network Backbone, please refer to the relevant links provided at the Global IP Network SLA.

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9. Exceptions

Customer shall not receive any credits under these Global IP Network Backbone SLAs in connection with any failure or deficiency of the Global IP Network Backbone caused by or associated with:

(i) circumstances beyond Global IP Network's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Global IP Network Backbone SLAs;

(ii) failure of access circuits to the Global IP Network Backbone, unless such failure is caused solely by Global IP Network;

(iii) scheduled maintenance and emergency maintenance and upgrades;

(iv) DNS issues outside the direct control of Global IP Network;

(v) false SLA breaches reported as a result of outages or errors of any Global IP Network measurement system;

(vi) Customer's acts or omissions (or act or omissions of others engaged or authorized by Customer), including without limitation, any negligence, willful misconduct, or use of the Global IP Network Backbone or Global IP Network services in breach of the Global IP Network's Terms and Conditions of Service or Global IP Network's Acceptable Use Policy.

(vii) The Customer has continued to be in the state of discontinuance or suspension during applicable calendar month.

  1. In case that Customer is in the state of discontinuance or suspension of Internet Access service at the time the Global IP Network identifies the Network Outage for Availability SLA; or has been in the state of discontinuance or suspension of Internet Access service during applicable calendar month for Latency, Packet Loss, Average Jitter or Maximum Jitter SLA.

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10. Credit Request and Payment Procedures

In order to receive a credit under these SLAs, Customer must make a request by accessing and following the credit request procedures set forth at https://www.gin.ntt.net/support/sla/credit.cfm. Each request in connection with a Network Outage must be received by Global IP Network within seven days of the Network Outage and must be confirmed by the Global IP Network's measurements of the Global IP Network Backbone. The Global IP Network must receive each request in connection with Latency, Packet Loss, Average Jitter or Maximum Jitter in a calendar month within seven days after the end of such month.

Each valid credit will be applied to an invoice of Customer within two billing cycles after the Global IP Network's receipt of Customer's request. Credits are exclusive of any applicable taxes charged to Customer or collected by NTT.

Notwithstanding anything in this Global IP Network Backbone SLA to the contrary, the total amount credited to a Customer in connection with Network Outages, Latency, Jitter and Packet Loss in any calendar month will not exceed the Base Fee paid by Customer for such month.

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