Service Level Agreement (SLA)

Network Availability Guarantee – 99.9%

TierPoint IP Network, as defined in this section, is guaranteed to be available and capable of forwarding IP packets 99.9% of the time, as averaged over a calendar month. TierPoint IP network includes the customer’s access port (the port on TierPoint switch upon which the customer’s access terminates) and TierPoint IP network. TierPoint IP network includes TierPoint owned and controlled routers and switches plus connectivity provided to TierPoint by the various ISPs from whom TierPoint may purchase IP transit directly over facilities the ISPs own and control.

The TierPoint Network Availability guarantee does not include the local access circuit (e.g. local loop) or Customer Premises Equipment (“CPE”) unless those services are provided by TierPoint. TierPoint Network Availability guarantee does not include the Customer’s Local Area Network (LAN), scheduled maintenance events, customer-caused outages or disruptions, interconnections to or from and connectivity within other Internet Service Provider (ISP) networks, and force majeure events. The TierPoint Network Availability guarantee does not include any customer server hardware failure. Shared hosting servers may be rebooted without notice to complete application of security patches or to restart non-responsive services.

If the Network Availability guarantee is not met in a calendar month, the customer may request a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full hour of outage in excess of the guaranteed under this SLA. Limits on the credit and the reporting procedures are detailed below.

Credit Limits and Reporting Procedures

To receive credits, the customer must contact TierPoint customer service within 5 business days of the occurrence by sending e-mail to: This e-mail must contain documentation supporting the claim of an SLA violation such as PING and/or trace route output taken at the time of the occurrence, which demonstrates the problem(s) being reported.

TierPoint will take all measures it deems appropriate to investigate reported outages. Determination of credits due pursuant to this SLA will be made solely by TierPoint.

Total credits under this SLA are limited to the monthly recurring charge for the affected dedicated Internet Access, Co-Location, and Dedicated Servers Services for the month in which the service does not meet the guarantees.

Data Backup and Restore

Data backup to TierPoint will be available for a period equal to the values set in the contract and will be available for recovery efforts within one hour of the initial request. TierPoint will not take responsibility for lost data due to hardware or software failure.

TierPoint pledges reasonable effectiveness of scheduled backup operations, and timely troubleshooting of ineffective scheduled operations. Reasonable effectiveness is defined as the successful completion of schedule events, to include Customer data backup, administrative scheduled routines, and off-site disaster recovery processing. TierPoint will work with the Customer and necessary resources to troubleshoot ineffective events or scheduled operations that failed within the time necessary to observe the next intended scheduled operation.

In the event of a major data loss by the Customer involving the loss of entire servers and their contents, where such servers and data are legitimentaly backuped up on the TierPoint system, upon request, we will make all reasonable efforts to provide expert guidance to the Customer in order to restore the data to its original available state. Recovery efforts requiring TierPoint technical consulting services will be billed at an hourly rate.