UpStream Networks-SLA - Datapipe

UpStream Networks-SLA

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Posted/Revised October 31, 2008

This 10,000% Guaranteed, 100% Uptime Service Level Agreement (this "SLA") supplements the Terms of Service, and together such documents, and others referenced in the Terms of Service, form a binding agreement (the "Agreement") between ServePath and Customer. Terms defined in the Terms of Service will have the same meaning when used in this SLA.

This SLA covers the following elements of the Service:

  • Network Performance
  • Support Response Time
  • Persistent Storage
  • Physical Security
  • 24 x 365 Engineering Support

This SLA does not apply to any feature of the Service not specifically identified in the SLA, or to any feature UpStream Networks identifies as "beta." If UpStream Networks chooses to provide SLA credits for beta features, such choice will not impose any obligation on UpStream Networks, and UpStream Networks may reverse such choice at any time.


This SLA lists certain UpStream Networks standards for provision of the Service, and it offers Customer a 10,000% Service Credit (as defined below) for any failure to meet those standards. This SLA also lists several additional Service standards—standards of quality UpStream Networks strives to meet, even though they're not guaranteed or subject to credits, and even though Customer might not notice any failure to meet some of them. These additional standards are listed alongside the credit standards below, for informational purposes only, to provide a sense of UpStream Networks' commitment to excellence. (Each listing of a standard below states whether it's a credit standard or an additional one.)

A. 10,000% Guaranteed

  1. If the Service does not achieve the performance levels described in Part II below ("Failure"), UpStream Networks will provide Customer with a 10,000% Service Credit (as defined below), pursuant to the provisions, requirements, and limitations of this SLA, including Parts VII through IX.
  2. A "10,000% Service Credit" is a credit equivalent to one hundred (100) times Customer's fees for the impacted Service feature for the duration of the Failure. (For example, where applicable:
    a Failure lasting seven (7) hours would result in credit of seven hundred (700) hours of free service for the feature in question; a Failure lasting fifteen (15) minutes would result in a 1500-minute, or 25-hour, credit.)
    No credit will exceed one hundred percent (100%) of Customer's fees for the Service feature in question in the Customer's then-current billing month. (For example, a one hour failure of a virtual server billing with 1 GB RAM at $0.08 / GB Hour would generate an SLA credit of $0.08 x 1 (GB) x 100 = $8.00.)
  3. Each Service standard described below lists the fees that are subject to the 10,000% Service Credit.
    As used in those listings:

B. Contract Termination Option

Customer may terminate the Agreement, pursuant to Subsection 3(b) of the Terms of Service, without advanced notice, in the event that UpStream Networks awards it 60 or more days of total credits during any single contract year, provided 3 or more separate instances of Failure occurred during such year. For purposes of this clause, a contract year is the 12-month period beginning on first day UpStream Networks provides Service. Notwithstanding the foregoing, this SLA does not authorize termination of the Service if UpStream Networks purchased telecommunications circuits or other resources for Customer's sole use.

C. Limitations & Warranty Disclaimer

The remedies set forth in this SLA are Customer's sole and exclusive remedies for any Failure or other failure of the Service, including without limitation for any breach of warranty, except as specifically set forth in the Terms of Service.



UpStream Networks will deliver 100% Uptime, as defined in Part II.B below. In addition, UpStream Networks will deliver network performance meeting or exceeding the specifications listed in this Part II.

A. Network Performance Terms

  • "Jitter" means variation in Latency.
  • "Latency" refers to the amount of time it takes for a packet of data to travel from one point to another.
  • "Maximum Jitter" means the highest permissible level of jitter within a given period when there is no Network Outage.
  • "Network Outage" means an unscheduled period during which streaming media services are not useable due to capacity-constraints on the UpStream Networks network, a hardware failure in the UpStream Networks network, or a failure of the content delivery network maintained by UpStream Networks.
  • "Packet Loss" means Latency in excess of 10 seconds.

All Jitter, Latency, and Packet Loss metrics below are monthly averages, unless otherwise noted in this Part II.

Credits for this Part II will be issued against Memory Hours Fees only.
Credit is calculated using the Customer's then-current rate for Memory Hours Fees at the time of Failure.
(Example: If a Customer is currently paying $0.08 / GB hour and experiences a 1 GB server failure for 1 hour, one credit of $8.00 (10,000% x $0.08) will be applied to the Customer's account.) A credit will be issued for the period (i) starting when a Case (as defined below in Part XIII) is filed by Customer or by GoGrid support representatives and (ii) ending when the server returns to an online state.

B. Internal Network Performance

"100% Uptime" means the following, all as described in this Part II.B:

  • Network Outage: None
  • Packet loss < 0.1%
  • Latency < 5ms
  • Jitter < 0.5ms
  • Maximum Jitter: 10 milliseconds within any 15-minute period.

C. External Network Performance

At least two (2) of the specified networks in each continent will meet the performance specifications listed below at any given time, as measured by UpStream Networks from its San Francisco location. Network performance from other points of presence globally is not covered in this SLA. UpStream Networks may change the specific measured network nodes without notice. (UpStream Networks displays current network performance statistics online at ** NEED NEW URL ** http:// www. servepath . com.)

  1. North American Network Performance
    • Packet loss to
      • West Coast of North America < 0.2%
      • East Coast of North America < 0.3%
    • Latency to:
      • West Coast of North America < 45ms
      • East Coast of North America < 90ms
    • Jitter to:
      • West Coast of North America < 1.0ms
      • East Coast of North America < 1.2ms
    • Maximum Jitter: 10 milliseconds during any 15-minute period.
    • GoGrid currently measures performance to the following North American networks: Verio, Level3,, UUNet.
  2. South American Network Performance
    • Latency to South America < 220ms
    • Maximum Jitter: 10 milliseconds during any 15-minute period.
    • GoGrid currently measures performance to the following South American networks:
      • Brazil: UOL, STI
      • Chile: Netline, Firstcom
      • Argentina: UOL Sinectus, Sion
  3. European Network Performance
    • Latency to Europe < 175ms
    • Maximum Jitter: 10 milliseconds during any 15-minute period.
    • GoGrid currently measures performance to the following European networks:
      • France: Tiscali, France Telecom, Neuf Telecom
      • United Kingdom: NTL, Zen, Pipex
      • Germany: Star 21 Networks, PJS net, T-Online
  4. Asian Network Performance
    • Latency to Asia < 170ms
    • Maximum Jitter: 10 milliseconds during any 15-minute period.
    • GoGrid currently measures performance to the following Asian networks:
      • Japan: Singtel, Tuka, IA Japan
      • Hong Kong: Uni Net, Linkage, HK Supernet
      • South Korea: Kornet, Moumnet, BoraNet / SuperNet
  5. Australia Network Performance
    • Latency to Australia < 200ms
    • Maximum Jitter: 10 milliseconds during any period of 0.1% of a calendar month.
    • GoGrid currently measures performance to the following Australian networks:
      • Optusnet
      • iiNet
      • Netspace
      • TPG
      • Adam Internet
  6. South Africa Network Performance
    • Latency to South Africa < 480ms
    • Maximum Jitter: 10 milliseconds during any period of 0.1% of a calendar month.
    • GoGrid currently measures performance to the following South African networks:
      • South Africa: Coza, XSInet, Inloco
      • Zimbabwe: Mweb, Utande, Telconet

D. Limitations

This SLA does not cover (without limitation): (a) network performance to Customer's physical location
or internet access point (such as a local DSL/cable modem); or (b) failures due to denial of service attacks.

E. Credits

Credits for this Part II will be issued against Basic Transfer Fees only.


  • EMERGENCY Cases - 30 minutes
  • The following are the EMERGENCY categories:
    • Server down
    • Packet loss
    • Routing issue
  • All other Cases - 120 minutes

A tracking number will automatically be provided to Customer promptly after opening of the Case (as defined below in Part VII.A), and a human support engineer will review the support request within the timeframe listed above. UpStream Networks may reclassify any Case misclassified as falling into one of the EMERGENCY categories listed above, and such Case will not qualify for EMERGENCY treatment. Resolution and repair times vary, and this SLA does not address them.


UpStream Networks will make reasonable efforts to insure that storage for OnDemand Customers is "persistent". In the event of a hardware or software Failures, UpStream Networks will attempt to return the Customer's data in the same state as it was prior to the failure.

Furthermore, these efforts will include support to Customer via telephone, chat, or Email at Customer's choice. UpStream Networks will determine in its sole discretion the extent of effort appropriate for recovery of Customer data. UpStream Networks is not required to attempt data recovery after more than one disk fails in a RAID array or to attempt any comparably complex recovery. No guarantee whatsoever is provided on the success of any recovery or other efforts pursuant to this Part IV.


  • 24 x 365 on-site security

UpStream Networks will ensure the presence of a professional security guard in the computer server hosting facility (the "Facility") at all times, charged with enforcing UpStream Networks' security policies. (Those policies require, among other things, that UpStream Networks employees, vendors, and visitors wear a badge and that visitors who have not been issued a permanent badge leave a valid U.S. driver's license or passport with the guard while in the Facility.)


  • 24 x 365 Engineering Support

UpStream Networks will maintain support engineers actively on duty 24 hours per day, every day of the year. These engineers will provide support in the Facility, by telephone, or by online chat.


The following are required for credits:

  1. Customer must open a support case (a "Case") during the Failure in question. Customer will open all Cases through the Customer Portal. In opening a Case, Customer will provide complete information regarding the nature of the problem, including any information reasonably necessary for diagnosis and correction, by following the Case opening procedures at the Customer Portal. However, at UpStream Networks' sole discretion, an UpStream Networks representative may open a Case for Customer, without use of the Customer Portal, and Customer will provide all information required in the preceding sentence to the support representative. Customer will provide the information required in this Part VII.A even if UpStream Networks provides monitoring services..
  2. Customer must provide UpStream Networks with accurate and complete designated points of contact, using the Customer Portal. Customer must provide UpStream Networks with accurate passwords for maintenance and repair use by UpStream Networks engineers. Delays or failures caused by Customer's failure to abide by the requirements of this Part VII.B do not constitute Failures.
  3. Customer must request any credits by accurately completing the automated SLA Credit Request process online at the Customer Portal within 48 hours of the start of the Failure.


  1. The minimum period of Failure eligible for a credit is 60 seconds, and shorter periods will not be aggregated. The maximum credit for any single Failure is one month's Service fees. In the event that multiple periods of Failure overlap in time, credits will not be aggregated, and Customer will receive credit only for the longest such period of Failure. UpStream Networks is not required to issue multiple credits for a single incident; in the event that a single incident calls for credits pursuant to multiple Parts of this SLA, UpStream Networks may decide, in its sole discretion, which credits to award. The maximum credit during a single calendar year, for all Service Elements combined, is two months' Service fees, regardless of the length of Failure or the number of occurrences. The period of Failure for Network Performance (Part II above) begins when Customer opens a Case and ends when the Failure is remedied.
  2. In the event that credits for any calendar month exceed 25% of UpStream Networks' revenues for such period, UpStream Networks may reduce and pro-rate the value of credits given to all Customers for such period so that the aggregate credit given to all Customers does not exceed 25% of revenues. As used in the previous sentence, "UpStream Networks' revenues" and "all Customers" refer to revenues and customers from Internet hosting services sold under the "UpStream Networks" brand, and not to revenues or customers from any other business unit operating under another name or providing services other than or in addition to Internet hosting. UpStream Networks may employ such accounting procedures as it chooses in calculating revenues, in its sole discretion, and nothing herein will be construed to require that UpStream Networks disclose non-public information about its finances to Customer or to any party.
  3. Credits available pursuant to this SLA apply only to future service delivery. UpStream Networks is not required to provide refunds pursuant to this SLA. If Customer's Signup provides for a Prepayment Period, credit will apply to any renewal of such Prepayment Period, but Customer may instead elect to apply credit to any additional UpStream Networks products or services. If Customer retains a credit balance on termination of the account in question, such credit is forfeited. Notwithstanding the foregoing, credits will not be applied against fees for professional services, bundled support, or setup fees.
  4. Notwithstanding any provision to the contrary in this SLA, the following do not constitute Failures:
    1. downtime during scheduled maintenance or Emergency Maintenance (as defined below) periods;
    2. outages caused by acts or omissions of Customer, including its applications, equipment, or facilities, or by any use or user of the Service authorized by Customer;
    3. outages caused by hackers, sabotage, viruses, worms, or other third party wrongful actions;
    4. DNS issues outside of UpStream Networks' control;
    5. outages resulting from Internet anomalies outside of UpStream Networks' control;
    6. outages resulting from fires, explosions, or force majeure;
    7. outages to the Customer Portal, and
    8. failures during a "beta" period.

    "Emergency Maintenance" refers to any corrective action intended to remedy conditions likely to cause severe Service degradation, as designated by UpStream Networks in its sole discretion. Emergency Maintenance may include but is not limited to actions intended to address hardware or software failures or viruses/worms. As provided in Section 6 of the Terms of Service, UpStream Networks will exercise reasonable efforts to inform Customer in advance before interrupting the Service for Emergency Maintenance, but such notice is not guaranteed and failure thereof does not constitute Failure.


    In the event of any conflict between this SLA and the Terms of Service, the Terms of Service will govern.