Service Level Agreement

Subject to the terms and conditions of the Master Services Agreement (the “MSA”) between the Parties to which this Service Level Agreement is attached, Geek Crunch Hosting will provide Customer with a level of service consistent with the principles expressed in this Service Level Agreement. To the extent that Geek Crunch Hosting does not provide the Services at the levels set forth in this Service Level Agreement, and Customer is in compliance with all terms and conditions of the Master Services Agreement (including the Acceptable Use Policy), Geek Crunch Hosting will credit Customer’s account in an amount as provided in this SLA, reflecting percentages of the monthly fees Customer pays to Geek Crunch Hosting for the affected Services (each an “SLA Credit”).

Definitions

“Core Networking Equipment” will mean equipment owned and maintained by Geek Crunch Hosting and/or its principals and/o its sub-contractors including but not limited to switches and routers, as well as any customer equipment which customer has specifically contracted with Geek Crunch Hosting to manage.

“Custom Order” is an order for Services that requests customization to specifications outside the scope of a Standard Order. Such customization includes, but is not limited to: changes to physical hardware, including upgrades and downgrades, installation of custom software, requests for specific version of operating systems, firewall setup and installation, setup and installation of load balancing, custom network configurations, dedicated switches, any custom managed solution, compliance and others. Notwithstanding anything to the contrary in this MSA, the definition of “Custom Order” also applies to any order that is large enough or complex enough to require, in Geek Crunch Hosting’s sole discretion, a dedicated project manager to be assigned to it.

“Downtime” is defined as failure of Core Networking Equipment, that directly results in network packet loss of 3.00% or greater, measured from the top of rack switch to the edge routers, and such failure being verifiable by Geek Crunch Hosting from its monitoring system and from three distinct and diverse monitoring locations around the world. However, the definition of “Downtime” does not include any of the following:

• Packet loss of less than 00% as measured by Geek Crunch Hosting.
• Scheduled Maintenance or Emergency Scheduled Maintenance (as defined below).
• Outages not reported by Geek Crunch Hosting’s multi-­‐homed monitoring
• Problems with the Customers internet connectivity or problems with other internet providers’ connectivity outside of Geek Crunch Hosting’s con
• Problems with Customer’s or any Third Party’s hardware, software, or access to the Internet, including, but not limited to, Third Party DNS
• Customer’s use of the Services or any Customer End User’s use of the Customer Offering in violation of the MSA or an applicable Attachment (such as the Acceptable Use Policy), and any resulting service
• Issues relating to Customer ID
• System administration, commands, or file transfers performed by Custom
• Any force majeure event under the MS
• Problems caused by Customer’s use of the Services or any Customer End User’s use of the Customer Offering after Geek Crunch Hosting advised Customer or any Customer End User to modify such use, if Customer or any Customer End User did not modify its use as

“Emergency Maintenance” are those instances in which Geek Crunch Hosting or its Third Party service providers: (a) identify situations which, in Geek Crunch Hosting’s reasonable discretion, have threatened or may threaten the integrity of the Services, and (b) take reasonably necessary measures to prevent the situation from progressing into a Downtime event, or to otherwise resolve the situation. Notwithstanding anything to the contrary in this agreement, Geek Crunch Hosting will attempt to provide prompt notice, as reasonable in the circumstances for Emergency Maintenance.

“Outage End Time” is the time at which Geek Crunch Hosting restores the Services to be back online and accessible, as measured by Geek Crunch Hosting’s monitoring systems.

“Outage Start Time” is the time at which Geek Crunch Hosting’s internal monitoring system shows the Services are experiencing Downtime (as defined in this SLA.)

“Scheduled Maintenance” is that amount of time in which Geek Crunch Hosting or its Third Party service providers: (a) perform updates and upgrades, enhancements and routine maintenance activities that are announced through the Status Website or LEAP Portal upon at least 24 hours advance notice, and (b) perform Emergency Maintenance, upon reasonable notice in the circumstances provided through the Status Website or LEAP Portal.

“Standard Order” is an order for Services that Geek Crunch Hosting makes readily available on its website and can be ordered online using an online order form, and do not require any form of physical customization by Geek Crunch Hosting in order to deploy.

“Status Website” is defined as the website found at http://ot.geekcrunchhosting.com where Geek Crunch Hosting will post routine updates about its service, real time network performance and other information relevant to the Services.

“Time Guarantee” refers to the amount of time guaranteed by Geek Crunch Hosting for particular resolution as set forth in the relevant charts below.

“Uptime” refers to all time during the term of the Agreement except Downtime. Uptime will be calculated in reference to the number of minutes in each calendar month, measured by Geek Crunch Hosting’s internal monitoring systems. For the purpose of the SLA, outages are measured in full minutes and will be rounded, as appropriate, up or down to the nearest full minute (i.e., for portions of minutes less than or equal to thirty seconds, the minute measurement will be rounded down, and for portions of minutes greater than or equal to thirty one seconds, the minute measurement will be rounded up).

Deployment

This Service Level Agreement has two sections pertaining to the initial deployment of Services, depending on the nature of the Services deployed. To the extent Geek Crunch Hosting does not deploy servers or virtual machines within the applicable Time Guarantee, Customer will be eligible to receive the SLA Credit as set forth below:
Deployment of Standard Services.
For Standard Orders that do not include any custom network or firewall requirements, the following provisions will apply: