Service Legal Agreement

Introduction

This document shows you the high quality of service we are promising. LayerHost has spent considerable time and money to make available one of the most redundant networks available anywhere. This has been accomplished by the following:

• Redundant routers and switches
• Multiple upstream providers
• All key network components are monitored 24×7 Dedicated Server and Colocation Power/Network SLA

Support Communication Escalation:

• First: Call 1-833-247-4678
• Second: Submit a ticket here Support Department
• Third: Email - emergency@layerhost.com

LayerHost will provide a 100% uninterrupted transit to the Internet (as measured on a monthly basis) as well as 100% uninterrupted electricity. Should transit to the Internet or electricity become unavailable for a cumulative period up to 1 hour beyond the 100% minimum in any month of service, the client will receive an account credit equivalent to 5% of the client’s Recurring Monthly Fees of affected services for that month for every additional 1 hour the network or power is unavailable, unless otherwise stated below it will not to exceed 50% of the client’s Recurring Monthly Fees.

Unless otherwise stated below, all credit calculations will be based on unavailability in 1 hour increments. The above agreement does not cover outages caused by equipment and/or events under the control of the client. This Service Level Agreement does not cover outages due to scheduled or emergency network and/or facility maintenance, which will be broadcast to all customers in advance via the web page here, and will not exceed 180 minutes per month.

Unless otherwise stated below, any and all credits to the client will not exceed 50% of the client’s Recurring Monthly Fees for the month in which the credit is issued. Unless otherwise stated below, all credits must be requested within 30 days of the incident.

To request a credit via email sla@layerhost.com with your account name along with the time of and time span of the outage. Accounts must not be past due when requesting an SLA credit.

To request a credit via a support ticket please submit it to: Billing Department.

Dedicated Server Hardware SLA

LayerHost offers a 12 hour hardware replacement SLA on all current dedicated server offerings. The 12 hour period begins as soon as there is a ticket response confirming a hardware issue and only applies if it is specified to perform the maintenance immediately. If the hardware is not replaced within 12 hours of the detected failure a 10% SLA credit can be requested, with an additional 10% for each additional 12 hours, by emailing the details and duration of the outage to emergency@layerhost.com. The credit must be requested within 30 days of the incident and the amount of the credit cannot exceed 50% of the monthly fee for the affected server.

Shared Hosting/VPS/Backup SLA LayerHost will provide a minimum 99.99% uninterrupted access to your web site, email, and other related services. Should your services become unavailable for a cumulative period beyond the allowed 0.01% in any month of service, the client will receive a credit equivalent to 5% of the client’s pro-rated recurring monthly fees for that month and then an additional 5% for every additional 1 hour the web site and/or other related services are unavailable, not to exceed 50% of the client’s monthly recurring charges.

All credit calculations will be based on unavailability in 1 hour increments. The above agreement does not cover outages caused by client error or account transfers. This Service Level Agreement does not cover outages due to scheduled or emergency network and/or facility maintenance, which will be broadcast to all customers in advance via the web page at Billing Department, and will not exceed two hours per month.

Any and all credits to the client will not exceed 50% of the client’s Recurring Monthly Fees for the month in which the credit is paid. All credits must be requested within 30 days of the outage.

To request a credit email sla@layerhost.com with your account name along with the time of and time span of the outage.

Ultimate DDoS Mitigation SLA

The Ultimate DDoS Mitigation (“UDM”) (SLA) provides Customers with DDoS Protection Service (Layer 3 to Layer 4 Only) – certain guarantees and remedies regarding LayerHost performance related to the DDoS Protection Service – UDM (as defined below).

For purposes of the DDoS Protection Service – DPS Core SLA, the following terms have the meanings set forth below:

• “DDoS Protection Service – Ultimate DDoS Protection“ (“UDM”) refers to the service provided by LayerHost to mitigate the impacts associated with Denial of Service Attacks on Customer Internet connectivity provided over the LayerHost’ Backbone.
• “LayerHost Backbone" (“Backbone”) means LayerHost owned and operated network infrastructure consisting solely of selected LayerHost points of presence at which LayerHost offers DDoS Protection Service ("Selected POPs")
• "LayerHost Network Operations" (“LayerHost NOC”) means the LayerHost staff responsible for operating, monitoring and supporting the LayerHost owned and operated network infrastructure consisting solely of selected LayerHost points of presence at which LayerHost offers DDoS Protection Service (“DDoS Protection”).
• “LayerHost Network Security” (“LayerHost Security”) means the LayerHost staff responsible for operating, monitoring and supporting DPS Core.
• "DDoS Attack" (“Attack”) means a Denial of Service attack on the Internet connectivity provided to Customer over the LayerHost Backbone.
• "DDoS Mitigation Event" (“Event”) means the implementation of steps by LayerHost Network Security using the Backbone to lessen negative impacts caused by an Attack.
• "Null Routes" ("Nulls") In the event the ddos attack is not properly mitigated and it affects our backbone and other customers. We have the right to null route the IP up to 24 hours to investigate the problem, in order to prevent future null routes.
• "Trouble Ticket" (“Trouble Ticket”) means a customer incident report created by the LayerHost NOC in its ticketing and/or tracking systems.
• "Mitigation Request Response Time" (“Response Time”) refers only to the period of time between the opening of a Trouble Ticket by Customer with LayerHost NOC requesting a DDoS Mitigation Event and the time when LayerHost Network Security contacts Customer (or attempts to contact Customer) to begin the troubleshooting and investigation required. Response Time does not refer to the period of time between the opening of a Trouble Ticket by Customer with LayerHost NOC requesting a DDoS Mitigation Event and the implementation of the steps needed to mitigate an Attack.
• "Event Fee" (“Event Fee”) consists solely of the fee incurred by Customer related to a specific Event.
• “Access Control List” (“ACL”) refers to a method of packet filtering intended to allow and/or deny network access by IP address or network protocol between a Customer network connection and the LayerHost Backbone.
• “Standard ACL Change Request” refers to an ACL change request submitted to the LayerHost NOC or LayerHost Security that will be reviewed within 1 business day, with deployment scheduled upon approval. The change request may consist of new ACL(s), changes to existing ACL(s), and/or removal of ACL(s).
• “Emergency ACL Change Request” refers to an ACL change request submitted to the LayerHost NOC or LayerHost Security for immediate review, with deployment scheduled upon approval. The change request may consist of new ACL(s), changes to existing ACL(s), and/or the removal of ACL(s).
• “Included Standard ACL Change Requests” refers to the number of Standard ACL Change Requests included as part of the monthly subscription.
• “Standard ACL Change Request Rate” refers to the fee incurred for each Standard ACL Change Request.
• “Emergency ACL Change Request Rate” refers to the fee incurred for each Emergency ACL Change Request.
• “Standard ACL Change Request Response Time” refers only to the period of time between the opening of a Trouble Ticket by Customer with LayerHost NOC requesting a Standard ACL Change and the time when LayerHost NOC or LayerHost Security approves an ACL for deployment. Standard ACL Change Request Response Time does not refer to the period of time between the opening of a Trouble Ticket by Customer with LayerHost NOC for a Standard ACL Change Request and the deployment of the ACL change.
• “Emergency ACL Change Request Response Time” refers only to the period of time between the opening of a Trouble Ticket by Customer with LayerHost NOC requesting an Emergency ACL Change Request and the time when LayerHost Network Security or the LayerHost NOC contacts Customer (or attempts to contact Customer) to begin the review process of the intended Emergency ACL Change Request. Emergency ACL Change Request Response Time does not refer to the period of time between the opening of a Trouble Ticket by Customer with LayerHost NOC for an Emergency ACL Change Request and the deployment of the ACL change.

Response Time
In the event that a Customer suspects they are the target of a Denial of Service Attack, the Customer has multiple methods available to open up a trouble ticket to specifically request that a mitigation be started. For mitigation requests submitted to the LayerHost NOC by telephone, (1-833-247-4678) or ticket Billing Department, the LayerHost Network Security Team shall respond to the Customer request within 60 minutes. LayerHost will issue a credit to Customer for failure to meet this Response Time commitment in an amount equal to 50% of the Event Fee paid by Customer (or, if the Mitigation duration falls within the “Included Mitigation Days”, 50% of the Event Fee which would have been paid by the Customer) for the Event in which this Response Time obligation was not met.

ACL Change Request Response Time
In the event that a Customer desires to make a standard, non-Emergency addition, change, or removal of an ACL, the Customer has multiple methods available to open up a trouble ticket to specifically make a Standard ACL Change Request. For Standard ACL Change Requests submitted to the LayerHost NOC or LayerHost Network Security by telephone (1-844-529-7478), or Customer Portal, the LayerHost Network Security Team shall respond to the customer and initiate a review of the ACL request within 1 business day of the request submission. LayerHost will issue a credit to Customer for failure to meet this Standard ACL Change Response Time commitment in an amount equal to 50% of the Standard ACL Change Request Rate paid by Customer (or, if the Standard ACL Change Request falls within the “Included Standard ACL Change Requests”, 50% of the Standard ACL Change Request Rate which would have been paid by the Customer) for the request in which this Standard ACL Change Request Response Time obligation was not met.

Exceptions
Customer shall not receive any credits under the DDoS Protection SLA in connection with any failure or deficiency of the LayerHost’ Backbone caused by or associated with:

• Circumstances beyond LayerHost’ 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, power or equipment that are used in, or otherwise required for, the provision of the DDoS Protection Service;
• Failure of access circuits to the LayerHost Backbone;
• Scheduled maintenance and emergency maintenance and upgrades;
• DNS issues outside the direct control of LayerHost;
• False SLA breaches reported as a result of outages or errors of any LayerHost’ measurement system;
• 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 LayerHost’ Backbone or DDoS Protection Service in breach of LayerHost’ Terms and Conditions of Service or LayerHost’ Acceptable Use Policy.

Network/Global IP Transit SLA

Performance Guarantee LayerHost will maintain its network in such a manner as to provide to all customers the best possible performance to the Internet. In order to achieve this LayerHost makes the following guarantees to all onsite Internet clients:

• 100% guaranteed uninterrupted transit to the Internet.
• Packet Loss will not exceed 0.1% within an average of 30 days period. (Level 3/PCCW Carriers Only).
• The Average Jitter on the LayerHost’ backbone will be 285ms or less
• The Maximum Jitter on the LayerHost’ backbone will not exceed 10ms more than 0.1% of a calendar month.
• The Average Latency on the LayerHost’ backbone will be 50 ms or less for the North America (NA) Network, 80ms or less from NA to Trans-Atlantic Network, 130ms or less from NA to Trans Pacific Network, and 285 ms or less between Asia and Europe.
• Zero packet loss internal to LayerHost’s network.

In the event that a Customer suspects any network outages, the Customer has multiple methods available to open up a trouble ticket to specifically request that a mitigation be started. For outage report must be submitted to the LayerHost NOC by telephone, (1-844-529-7478) or ticket Billing Department, the LayerHost Network Security Team shall respond to the Customer request within 60 minutes.

In addition to the above performance guarantees, LayerHost will, for all premium network clients, take all possible measures to ensure all client traffic reaches its destination in a timely fashion comparable and within reason to any other carrier in the area. These measures include the manipulation of routing tables so as to direct traffic to the Internet using its best possible upstream link. It is also guaranteed that efforts will be made to assure no users will be negatively affected by DDoS attacks against other customers on our network. Null routing of an IP is only done as a last resort on our network as filtering will be attempted first. DDoS attacks to or from servers on our networks may be null-routed if attacks are identified. Downtimes due to the null-routing of an IP or regarding billing issues do not count against the SLA.

Credit Requests and Payment Procedures

In order to receive a credit under the Network/Global IP Transit SLA, Customer must make a request by opening a ticket and requesting a credit from our Billing Department. Each request in connection with a Response Time failure must be received by LayerHost within (30) days of the Event and must be confirmed by LayerHost’s measurements and timestamps in LayerHost NOC Trouble Ticket Systems. Each valid credit will be applied to an invoice of Customer within two billing cycles after LayerHost receipt of Customer's request. Credits are exclusive of any applicable taxes charged to Customer or collected by LayerHost.

In order to receive a credit under the Ultimate DDoS Protection SLA, Customer must make a request by opening a ticket and requesting a credit from our Billing Department. Each request in connection with a Response Time failure must be received by LayerHost within (30) days of the Event and must be confirmed by LayerHost’s measurements and timestamps in LayerHost NOC Trouble Ticket Systems. Each valid credit will be applied to an invoice of Customer within two billing cycles after LayerHost receipt of Customer's request. Credits are exclusive of any applicable taxes charged to Customer or collected by LayerHost. Notwithstanding anything in the DDoS Protection SLAs to the contrary, the total amount credited to a Customer in connection with Response Time in any calendar month will not exceed the Event Fees, Standard ACL Change Request Rate, and/or Emergency ACL Change Request Rate paid by Customer for such month.

In order to receive a credit under the Dedicated Server Hardware SLA, LayerHost offers a 12 hour hardware replacement SLA on all current dedicated server offerings. The 12 hour period begins as soon as there is a ticket response confirming a hardware issue and only applies if it is specified to perform the maintenance immediately. If the hardware is not replaced within 12 hours of the detected failure a 10% SLA credit can be requested, with an additional 10% for each additional 12 hours, by emailing the details and duration of the outage to sla@layerhost.com. The credit must be requested within (30) days of the incident and the amount of the credit cannot exceed 50% of the monthly fee for the affected server.