1. Agreement 99.9% Uptime Guarantee SERVERUM offers a 99.9% uptime guarantee via this Service Level Agreement based on network and host node availability. Collectively, these guarantees may be referred to as the "SLA." This SLA is provided as a supplement to the TOS You agreed to in becoming a SERVERUM customer, which is hereby incorporated by reference as an indispensable part of this SLA.
This uptime guarantee is applicable on a per-service-item basis and is not applied to Your entire invoice. For example, if You have fifty (50) servers with Us, and one (1) of those servers experiences downtime, any compensation due to You under this uptime guarantee would be proportional to that one (1) server's downtime and not Your entire account with Us. This uptime guarantee does not apply to the accessibility of SERVERUM's web property, DNS servers, API, or control panel.
Packet Loss and Latency SERVERUM does not proactively monitor the packet loss or transmission latency of specific customers. SERVERUM does, however, proactively monitor the aggregate packet loss and transmission latency within its LAN and WAN. In the event that SERVERUM discovers (either from its own efforts or after being notified by You via our
the clientarea interface) that You are experiencing packet loss in excess of one percent (1%) ("Excess Packet Loss") between your instance and one hop from SERVERUM's border router(s) (first hop of egress providers router), SERVERUM will take all actions necessary to determine the source of the Excess Packet Loss/Latency.
LimitationsThe uptime guarantee ONLY applies to network and instance availability during normal operation. The uptime guarantee does NOT apply to server-side software uptime. Any outage due to server software, operating systems, improper configurations, denial of service attack against your instance, instance suspension, instance paused/halted for any reason, or any other non-network or non-"host node" outage, for any reason and whether or not such outage is caused by SERVERUM due to (Maintenance windows) upgrading, troubleshooting or performing any other tasks, is not subject to this uptime guarantee. The guarantee does NOT apply when a scheduled maintenance occurs with a minimum of seventy-four (72) hour notice or in the event a time critical patch/update must be applied as long as the outage/packetloss does not exceed ten (10) minutes.
Furthermore, none of the guarantees in this SLA may be combined. For example, a hardware outage that also disrupts network activity will not qualify You for two (2) separate compensations. If for example, a hardware outage was the basis for the connectivity loss, the entire event will count as one single outage for the purpose of determining applicable compensation.
2. Level of Service
2.1. Service agreed uptime: