Transit Services Schedule - 01.01.2014 - 06.30.2019

Version 2019 (01.01.2014 - 06.30.2019)
 

This Schedule, together with any Order referencing this Schedule or pursuant to which the services described herein are provided, contains the service terms and service level agreement that apply to the Internet transit services provided by CareServ Technologies, LLC (“CareServ”) to Customer. Such terms are in addition to, and not in lieu of the Terms of Service in force between Customer and CareServ (the “Terms”). Capitalized terms used but not otherwise defined herein shall have the same meanings given for such terms in the Terms.

Service Provided
By its execution of an Order for the services described herein, CareServ agrees to perform and provide to Customer, during the term of such Order, an Internet Protocol (“IP”) transit service including dedicated IP access ports providing access to the Network and the global Internet (the “Transit Service,” which shall be a “Service” under the Terms). CareServ may provide also provide Customer with certain content hosting, colocation, managed services or other access services. If the Customer purchases such other services from CareServ, such services shall be provided under a separate Schedule. The demarcation for the Transit Service, at which point the Customer is responsible for all service, support costs, is at the point of the Customer’s connection to the Network at the applicable Internet port on the CareServ router (the “Customer Interface”). Customer shall not, without CareServ’s prior written consent (which may be withheld in its sole discretion), resell the ports assigned by CareServ for delivery of the Transit Service to Customer, or any IP addresses, IP numbers or IP accounts associated therewith, in whole or in part, to any third parties.
Digital Millennium Copyright Act Compliance
Customer agrees that it will: (a) maintain a Designated Agent for takedown notices pursuant to the terms of the DMCA; (b) take expeditious action to remove allegedly infringing material contained in the Customer Content and of which it actually becomes aware; and (c) maintain and enforce a policy of terminating any repeat infringers who are Customer’s end users or who access the Network through Customer. Customer will act promptly in response to CareServ’s requests with respect to Network abuse and actions needed to be undertaken for Customer’s or CareServ’s compliance with the DMCA and any safe-harbor requirements thereunder.
Service Level Warranties
  1. CareServ guarantees that Service Availability for the Network shall be greater than or equal to 99.9%. “Service Availability” means the ability of Customer to exchange IP packets with the Network via the Customer's router port. Service Availability is measured by sending ICMP "ping" bursts to the Customer router at regular intervals. The response of the Customer router to the ping burst confirms that the connection is still in place and the Transit Service is available. Subject to the terms of Sections 3(e) and 3(f), in the event that Service Availability averaged over a calendar month falls below 99.9% for any given month, then: (i) for every outage lasting for at least 30 minutes but less than 60 minutes, CareServ will provide Customer with one Service Credit; and (ii) for every outage lasting for 60 minutes or more, then CareServ will provide Customer with one Service Credit per 60 minute period of such outage. “Service Credit” means amount equal to 1/30th of the MRC with respect to the affected Transit Services for the month in which the Service Availability guarantee is breached.
  2. CareServ guarantees an average, as calculated for each calendar month, Network Latency of fifty (50) milliseconds or less. “Network Latency” means the average time taken for an IP packet to travel between CareServ’s switch port and the CareServ transit routers. Subject to the terms of Sections 3(e) and 3(f), if the guarantee set forth in Section 3(b) is not met in any given calendar month during the Term of the Transit Service, CareServ shall provide Customer with one Service Credit.
  3. CareServ will maintain measurement tools for the determination of compliance with the above-mentioned guarantees (each an “SLA”), and while Customer may also maintain such, CareServ’s measurements, except in the case of manifest error, shall be the only basis for determining compliance or non-compliance with the guarantees set forth herein.
  4. To report service issues, Customer should contact CareServ at (678) 649-3000 or via email at helpdesk@careservtech.com. Standard support hours are Monday through Friday, 8:30 a.m. – 5:30 p.m., Eastern Time. CareServ will make reasonable efforts to respond to any support request received during standard support hours within thirty (30) minutes. Any requests received outside of standard support hours will be subject to additional charges, as noted on the Order(s) applicable to the Transit Services, unless otherwise stated in the Order.
  5. Notwithstanding anything to the contrary in this Schedule, an SLA shall not be deemed to be breached and no remedy shall be available to Customer hereunder as to a particular Order (i) if Customer has not paid any undisputed amounts due under the Terms (the parties agreeing not to unreasonably dispute any amounts due); or (ii) to the extent the breach of the SLA is caused by any of the following:

    1. A failure of Customer Equipment or equipment of a Customer’s vendor not covered under the Agreement;

    2. A failure of applications or software code owned or licensed by Customer or provided to CareServ by Customer;

    3. Customer’s connection terminating at an inactive CareServ POP or a non- CareServ POP; “CareServ POP” or “POP” means any location on the Network at which CareServ permits access or interconnection to the Network;

    4. Failure in local access circuits or cross connects connecting the Customer to the CareServ Network, unless otherwise specified;

    5. A failure or delay by CareServ testing agent to report data relating to the service performance metrics set forth in the applicable order, including any failure or delay caused by false- positive data point readings;

    6. A failure of any service or product not provided to Customer by CareServ pursuant to this Schedule (including the failure of any other service or product provided to Customer by CareServ pursuant to the Terms, which failure shall be governed any service level warranty set forth in the Schedule applicable to such service or product);

    7. Force majeure events as defined under the Agreement;

    8. Any act or omission of Customer or any third party, including, without limitation, Customer’s agents, contractors or vendors, that causes CareServ to be unable to meet any SLA, including, without limitation: (x) failing to provide CareServ (or its agents) adequate access to facilities for testing; (y) failing to provide access to Customer premises as reasonably required by CareServ (or its agents) to enable CareServ to comply with its obligations regarding the Transit Service; or (z) failing to take any remedial action in relation to the Transit Service as recommended by CareServ, or otherwise preventing CareServ from doing so.

    9. Customer’s negligence or willful misconduct, which may include Customer’s failure to follow agreed-upon procedures;

    10. Any scheduled maintenance periods when Customer has been informed of such maintenance and any emergency maintenance;

    11. Customer’s account, during the period in question, violating the AUP; or

    12. Customer not opening a support ticket to report any specific service performance issue.

  6. Claims for Service Credits must be submitted not later than thirty (30) calendar days after the last day of the month in which the applicable failure of the SLA occurred.

    1. Each claim must include the following information: (1) Customer name; (2) Customer contact name and information; (3) date and beginning/end time of outage or failed SLA; (4) a report from a measurement tool stating the basis for the failed SLA; and (5) the specific CareServ support ticket number opened in relation to the performance issue and brief description of the characteristics of the failed SLA.

    2. Customer must submit the required information by written electronic notice to billing@careservtech.com.

    3. Approved credits will be applied to the Customer's invoice within sixty (60) days of the Customer’s credit request submission.

  7. CareServ reserves the right to change, amend, or revise this policy at any time upon notice to Customer.
  8. THE SLAS SET FORTH IN THIS SCHEDULE SHALL APPLY ONLY TO THE TRANSIT SERVICE DESCRIBED HEREIN AND DOES NOT APPLY TO ANY OTHER SERVICE. THIS SCHEDULE STATES CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY CARESERV TO PROVIDE THE TRANSIT SERVICE DESCRIBED HEREIN AND ANY BREACH BY CARESERV OF ANY OF THE SLAS SET FORTH HEREIN. NOTWITHSTANDING ANYTHING CONTAINED TO THE CONTRARY HEREIN OR ANYWHERE ELSE IN THE AGREEMENT, THE MAXIMUM SERVICE CREDITS CARESERV WILL HAVE TO GRANT FOR THE TRANSIT SERVICE IN ANY ONE MONTH SHALL BE THE MRC FOR THE TRANSIT SERVICE UNDER THE APPLICABLE ORDER THEREFOR.