Last Updated: 05-12-05
Load, LTD ("LOAD") Services ("Services") covered under this Agreement:
Managed DNS Enterprise
After the Transition Period, as defined below, the Services will meet or exceed the performance objectives set forth in this Service Level Agreement (SLA).
A "Service Outage" shall mean that the Services were not available because:
- The LoadDNS Server Network was unable to achieve 100% uptime. For purposes of this SLA, 100% uptime shall mean that the LoadDNS Server Network will deliver reliable Services and shall not become unavailable due to an outage for more than five consecutive minutes in a twenty-four (24) hour period.
- The Web-based user interface, zone/data transfer mechanisms, applications programming interfaces (API) or other Customer-accessible data access or manipulation software are unavailable for one or more consecutive hours in any calendar month, thereby preventing the Customer (or the Customer's applications) from being able to reasonably add, delete or modify their DNS or other directory data as committed to in the published functional specifications for such Services.
The following downtime events shall not be considered part of a Service Outage:
Scheduled Maintenance. Scheduled Maintenance shall mean any maintenance performed to the LoadDNS Service (a) of which Customer is notified 24 hours in advance, and (b) that is performed during a standard maintenance window on Monday through Thursday from 2 AM to 6 AM Eastern Time. Notice of Scheduled Maintenance will be provided to Customer's designated point of contact by a method elected by LOAD (telephone, e-mail, fax, pager or mail).
Unavailability of the Services due to Customer misuse, application programming, non-performance or other negligent or unlawful acts by Customer or its agents or its suppliers, problems with Customer's registrar, network unavailability outside of the LoadDNS Server Network or events of force majeure.
LOAD, in its sole discretion, shall determine whether an event will be considered a "Service Outage" based on its records and data.
When Customer becomes aware of a Service Outage, Customer shall open a trouble ticket with LOAD Customer Support within five (5) calendar days.
If LOAD determines in its reasonable commercial judgment that the Service Outage event lasted between five (5) and thirty (30) minutes during a twenty-four (24) hour period, LOAD, upon Customer's request, will credit Customer's account for such month the pro-rated charges for one day's service for the Services.
If LOAD determines in its reasonable commercial judgment that the Service Outage event lasted between thirty-one (31) minutes and four (4) consecutive hours during any calendar month, LOAD, upon Customer's request, will credit Customer's account for such month the pro-rated charges for one week's service for the Services.
If LOAD determines in its reasonable commercial judgment that the Service Outage event lasted four (4) or more consecutive hours during any calendar month, LOAD, upon Customer's request, will credit Customer's account for such month the pro-rated charges for one month's service for the Services.
In order to qualify for any credit, Customer must have a current and valid subscription for the Services directly associated with LOAD DNS Services and must have an account in good standing with LOAD. LOAD will not provide any credits to customers that have purchased or acquired Services through a reseller, distributor, or indirectly through any other company. Credits will not apply to any LoadDNS Managed DNS Basic, custom services, or to charges for services other than the Monthly Fee for the Services for which this Commitment was not met. Customers with subscriptions for more than one LOAD Service will not receive credits for unaffected Services. Customer's account shall not be credited more than once per month under this SLA. This is the sole and exclusive remedy if LOAD does not meet the commitments set forth in this SLA.
The Transition Period is a period of thirty (30) days beginning on the date the Customer is deployed onto the Services, during which LOAD and Customer work to configure several variables in order to meet full operational performance parameters. During the Transition Period, the service level guarantees shall not apply.
The LoadDNS Server Network is defined as the current deployment "cluster" of systems (servers, hardware and associated software) that are responsible for delivering the Services. The LoadDNS Server Network is not defined as including Web-based user interfaces, zone/data transfer mechanisms, applications programming interfaces (API), or other Customer-accessible data access or manipulation software.
LOAD reserves the right to modify this SLA from time to time.