Service Level Agreement (SLA)

1. AIS Backbone SLA

This AIS Backbone Service Level Agreements (SLA) provides Customers with certain rights and remedies regarding the performance of the AIS Backbone (as defined below). This SLA applies only to Customers receiving the following services from AIS: (i) 56 kbps point-to-point, frame relay (all access speeds) and T1, T3, OC3, or OC12 services, and/or (ii) colocation or dedicated server services (each a "Customer"), unless otherwise specified for a Customer. Notwithstanding the foregoing, these AIS Backbone SLAs do not apply to services such as, by way of example but not limitation, DSL, ISDN or Dial-up access services.

2. Definitions

For purposes of this AIS Backbone SLA, the following terms have the meanings set forth below:

• "AIS Backbone" means AIS owned and operated Internet Protocol (IP) routing infrastructure.
• “IP Transit Backbone” means backbone connections purchased from other network service providers such as Level3, UUNet, Sprint, etc for the purposes of transiting IP traffic from the core AIS network to and from the Internet.
• "Network Outage" means an instance in which no traffic can pass in or out of the Selected POP through which Customer connects to the AIS Backbone for more than 15 consecutive minutes.
• "Latency" means the average time required for round-trip packet transfers between selected routers on the selected portions of the AIS Backbone during a calendar month, as measured by AIS.
• "Packet Loss" means the average percentage of IP packets transmitted between selected routers during a calendar month that are not successfully delivered, as measured by AIS.
• "Average Jitter" means the average variation in delay for packet transfers between selected routers during a calendar month, as measured by AIS.
• "Maximum Jitter" means the maximum variation in delay for packet transfers between selected routers, as measured by AIS.
• "Base Fee" consists solely of the base monthly fee paid by Customer for the affected AIS 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 AIS’ 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 AIS services, the Base Fee may include just the base monthly access or bandwidth fee paid by a Customer.

3. Summary of AIS Backbone SLAs

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

• The AIS Backbone available to Customer free of Network Outages 100% of the time.
• Latency of the AIS Backbone of (i) 10 milliseconds or less.
• Packet Loss of the AIS Backbone of 0.1% or less.
• Average Jitter on the AIS Backbone of 500 microseconds or less; and Maximum Jitter not to exceed 10 milliseconds more than 0.1% of the time.

4. Summary of AIS Network Infrastructure

AIS utilizes Cisco routers and switches at the core of our network. Each customer that is directly connected to the AIS core network is connected via Cisco 7500 series routers and Cisco 6509 series switch/routers. Our Cisco 7500’s are configured with redundant Route/Switch Processors Version 4 and each 6509 switch is configured with one or two SUP720 Route/Switch engines capable of switching 720 gigabits per second of network traffic.

AIS utilizes redundant Cisco 12012 Gigabit Switch Routers (GSR12/60) each capable of routing a total of 60 gigabits of network data as core ‘Backbone’ routers. These routers are considered our backbone routers because they directly connect the AIS core network to each of our backbone providers. Each Cisco 12012 router is gigabit connected to each of our core 6509 Switch/Routers.

AIS is a Tier II network provider (we do not own our own IP transit backbone) and as such has direct, non-peering connectivity to the following IP transit backbone providers:

• WilTel
• Level 3
• Qwest
• UUNet
• Sprint
• Global Crossing
• Savvis
• XO
• AT&T

Utilizing BGP version 4 as well as Performance Based Routing Optimization hardware and software, AIS automatically routes network traffic over the IP transit backbone with the least amount of latency as determined by the measurement algorithms in our optimization hardware as well as certain criteria determined by the AIS engineering department. During periods of hi IP transit backbone latency, AIS is able to automatically reroute traffic around areas of high network congestion and onto other less congested or lower latency IP transit backbones. For this reason, customers may see traffic routing to certain destinations across certain IP transit backbones that do not conform to BGP ‘Best Path’ algorithms. AIS currently experiences a minimum of a 40% improvement over standard BGP4 latency measurements when utilizing our ‘best performance’ routing metrics.

For further information about the AIS network, please visit our website.

AIS reserves the right to periodically change the number of IP transit backbone connections, the IP transit backbones we actually connect to and network hardware without notice to Customer.

5. AIS Backbone Availability

AIS’ goal is to make the AIS Backbone available to Customer free of Network Outages 100% of the time.

Subject to Sections 10 and 11 below, upon Customer's request, AIS 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.

6. AIS Backbone Latency

AIS’ goal is to keep latency on the AIS Backbone to (i) 10 milliseconds. Subject to Sections 10 and 11 below, if Latency on the AIS Backbone, as applicable, for a calendar month exceeds the time frame set forth above for the applicable portion of the AIS Backbone, AIS 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 AIS Backbone SLA related to Latency will take effect the first full calendar month after Customer's first use of the AIS Backbone.

7. AIS Backbone Packet Loss

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

8. AIS Average and Maximum Jitter

AIS’ goal is to keep Average Jitter on the AIS Backbone to 500 microseconds or less; and for Maximum Jitter not to exceed 500 milliseconds more than 0.1% of a calendar month. Subject to Sections 9 and 10 below, if Average Jitter on the AIS Backbone exceeds 500 microseconds; or if Maximum Jitter exceeds 500 milliseconds more than 0.1% of a calendar month, AIS 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 AIS Backbone SLA relating to Jitter will take effect the first full calendar month after Customer's first use of the AIS Backbone.

9. Measurement

AIS will periodically (on average every 15 minutes) measure the AIS Backbone at Selected routers using software and hardware components capable of measuring traffic and responses at such selected routers. Customer acknowledges that not every router 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 AIS Backbone but not other networks to which Customer may connect. AIS reserves the right to periodically change the measurement points and methodologies it uses without notice to Customer.

10. Maintenance Window

AIS’ regular maintenance window is from Wednesday at 11:00 p.m. to Thursday 3:00 a.m. Pacific Standard Time. Any regular maintenance and emergency maintenance, if time permits, will take place during this window, on notice to Customer.

11. Exceptions

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

a. Circumstances beyond AIS’ 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 AIS Backbone SLAs;

b. Failure of access circuits to the AIS Backbone, unless such failure is caused solely by AIS;

c. Scheduled maintenance and emergency maintenance and upgrades;

d. DNS issues outside the direct control of AIS;

e. False SLA breaches reported as a result of outages or errors of any AIS measurement system; or

f. 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 AIS Backbone or AIS services in breach of AIS’ Terms and Conditions of Service or the AIS AUP.

12. Credit Request and Payment Procedures

In order to receive a credit, Customer must make a request in writing (email is sufficient) to their sales representative. Each request in connection with a Network Outage must be received by AIS within seven days of the Network Outage and must be confirmed by AIS’ measurements of the AIS Backbone. AIS must receive each request in connection with Latency or Packet Loss 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 AIS’ receipt of Customer's request therefore. Credits are exclusive of any applicable taxes charged to Customer or collected by AIS. Notwithstanding anything in this AIS 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.

REQUEST INFORMATION

Find out how AIS can fulfill your San Diego colocation needs...

get started