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Internet Express Service Level Agreement
Internet Express Service Level Agreements (SLA) provide certain rights and remedies regarding the availability and performance of Internet Express. network. The SLA you receive is specific to the service you receive. The following service levels are designed to assure ultimate performance and maximal uptime:

T-1 and T-3 Service

Network Availability: The Internet Express Network will be available to the customer free of Network Outages 99.99% of the time in a given month, excluding scheduled maintenance.
Remedy: 5% of the monthly fee for the affected services for each additional hour of downtime.
Latency: The average monthly Latency on the Internet Express Network will be 65 milliseconds or less to/from hub to edge sites measured every 5 min. for a monthly average.
Remedy: If Latency on the Network, as applicable, for a calendar month exceeds the time frame set forth above for the applicable portion of the Internet Express Network, Internet Express will issue a credit to Customer equal to one day's worth of the Base Fee paid by Customer for such month.
Packet Loss: The average monthly Packet Loss of the Internet Express Network will not exceed 0.5%.
Remedy: If Packet Loss on the Internet Express Network exceeds 0.3% during a calendar month, Internet Express 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 Internet Express Network SLA relating to Packet Loss will take effect the first full calendar month after Customer's first use of the Internet Express Network.

Response and Repair Time: Internet Express will respond to T-1 and T-3 customer service outages within a mean time of one (1) hour after a trouble ticket has been opened with the Internet Express Customer Service Department by Customer's designated point of contact or the Internet Express NOC.

Internet Express will resolve problems, within the direct control of Internet Express, resulting from NOC or Customer initiated T-1 T-3 trouble tickets within a mean time of four (4) hours from when the trouble ticket is opened.

If the service is determined to be interrupted due to a fault in Access Facilities, as defined to be those facilities between the Network Interface Unit on the Customer's premises and the Internet Express network, Internet Express will repair or replace the impaired facility within a mean time of twelve hours from when the fault is confirmed by Internet Express Customer Service to exclude premise wiring and CPE and or configuration faults. Internet Express cannot guarantee a specified response time for repair of Access Facilities because the repair or replacement must be done by the ILEC, which is not under Internet Express's control.

Business-Grade SDSL/IDSL

Network Availability: The Internet Express SDSL Network will be available to the customer free of Network Outages 99% of the time in a given month, excluding scheduled maintenance.
Remedy: 5% of the monthly fee for the affected services for each additional hour of downtime.
Latency: The average monthly Latency on the Internet Express SDSL Network will be 95 milliseconds or less to/from hub to edge sites measured every 5 min. for a monthly average.
Remedy: If Latency on the SDSL Network, as applicable, for a calendar month exceeds the time frame set forth above for the applicable portion of the Internet Express Network, Internet Express will issue a credit to Customer equal to one day's worth of the Base Fee paid by Customer for such month.
Packet Loss: The average monthly Packet Loss of the Internet Express SDSL Network will not exceed 5%.
Remedy: If Packet Loss on the Internet Express SDSL Network exceeds 0.3% during a calendar month, Internet Express will issue a credit to Customer equal to one day's worth of the Base Fee paid by Customer for such month.
Response and Repair Time: Internet Express will respond to SDSL customer service outages within a mean time of twelve (12) hours after a trouble ticket has been opened with the Internet Express Customer Service Department by Customer.s designated point of contact or the Internet Express NOC.

Internet Express will resolve problems, within the direct control of Internet Express, resulting from NOC or Customer initiated SDSL trouble tickets within a mean time of twenty-four (24) hours from when the trouble ticket is opened.

If the service is determined to be interrupted due to a fault in Access Facilities, as defined to be those facilities between the Network Interface Unit on the Customer's premises and the Internet Express network, Internet Express will repair or replace the impaired facility within a mean time of forty-eight hours from when the fault is confirmed by Internet Express Customer Service to exclude premise wiring and CPE and or configuration faults. Internet Express cannot guarantee a specified response time for repair of Access Facilities because the repair or replacement must be done by the ILEC, which is not under Internet Express's control.

Virtual Hosting

Internet Express guarantees website availability of 99.9% in a given month, excluding scheduled maintenance. Website is considered unavailable if there is 100% packet loss from Internet Express to its upstream providers.
Remedy: 5% of the monthly fee for each additional hour of downtime (up to 100% of Customer's monthly fee).

Dedicated Server Hosting and Co-Location

Network Availability: Network connections from the Internet Express data center to the Internet will be available to customers free of Network Outages for 99.99% of the time.
Remedy: 5% of the monthly fee for the affected services for each additional hour of downtime.
Latency: The average monthly Latency (delay) over network connections from the Internet Express data center to the Internet will not exceed 85 milliseconds round-trip.
Remedy: If Latency from the Data Center to the Internet, as applicable, for a calendar month exceeds the time frame set forth above, Internet Express will issue a credit to Customer equal to one day's worth of the Base Fee paid by Customer for such month.
Packet Loss: The average monthly Packet Loss over network connections from the Internet Express data center to the Internet will not exceed 0.5%.
Remedy: If Packet Loss from the Data Center to the Internet exceeds 0.3% during a calendar month, Internet Express 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 Internet Express Network SLA relating to Packet Loss will take effect the first full calendar month after Customer's first use of the Internet Express Network.

Hardware:

Internet Express provides an unlimited free replacement warranty for all dedicated servers, including individual parts ordered as upgrades from Internet Express. Internet Express will repair or replace, at no charge, including labor, any failed component in a dedicated server provided by Internet Express. Repair will start upon our identification of the hardware failure and will be completed within 2 hours from such identification. If equipment repair or replacement of failed hardware takes more than 2 hours, customer will be refunded 5% of their base monthly fee per additional hour of downtime (up to Customer.s base monthly fee).

Network infrastructure is all equipment, from the cable connected to the hosting server's NIC to the backbone provider, and includes routers, switches and cabling. Downtime is measured past 10 minutes after notification of network failure. Notification is recorded automatically through Internet Express monitoring system or by phone call from Customer to Internet Express.


Exceptions:

Customer shall not receive any credits under these Internet Express Network SLAs in connection with any failure or deficiency of the Internet Express Network caused by or associated with:
  • circumstances beyond Internet Express's 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 Internet Express Network SLAs;
     
  • failure of access circuits to the Internet Express Network, unless such failure is caused solely by Internet Express; scheduled maintenance and emergency maintenance and upgrades;
     
  • DNS issues outside the direct control of Internet Express;
     
  • false SLA breaches reported as a result of outages or errors of any Internet Express measurement system;
     
  • or 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 Internet Express Network or Internet Express services in breach of Internet Express's Terms and Conditions of Service or Internet Express's Acceptable Use Policy.
Customer will not qualify for Service Level credits if Customer account with Internet Express is past due.

Scheduled Maintenance:

Scheduled normal maintenance refers to upgrades of hardware or software or upgrades to increase capacity. Scheduled maintenance may temporarily degrade the quality of the Service, including possible outages. Such effects related to Normal Scheduled Maintenance shall not give rise to service credits under these SLAs. Normal Scheduled Maintenance shall be undertaken only on Sunday and Wednesday mornings between the hours of 12:00 AM and 6:00 AM local time. Customer can choose to be notified via the Internet Express mailing list of planned maintenance projects.

Remedy Requirements:

Upon Customer's written request to Internet Express made within 30 business days of the last day of the month in which the relevant SLA was not met, Customer shall be entitled to service credits as set forth within. A credit shall be applied only to the month in which the event giving rise to the ccredit occurred. The maximum SLA credits issued in any one calendar month shall not exceed 100% of the Customer's Monthly Recurring Charges.

Definitions:

For purposes of these Internet Express Network SLAs, the following terms have the meanings set forth below:

"Internet Express Network" and "Internet Express SDSL Network" means Internet Express owned and operated Internet Protocol (IP) routing infrastructure consisting solely of selected Internet Express points of presence at which Internet Express has installed measurement devices ("Selected POPs"). This does not include facilities between the Network Interface Unit on the Customer's premises and the Internet Express Network.

"Network Outage" means an instance in which no traffic can pass in or out of the Selected POP through which Customer connects to the Internet Express Network for more than 15 consecutive minutes.

"Latency" means the average time required for round-trip packet transfers between Selected POPs on the selected portions of the Internet Express Network during a calendar month, as measured by Internet Express.

"Packet Loss" means the average percentage of IP packets transmitted between Selected POPs during a calendar month that are not successfully delivered, as measured by Internet Express.

"Base Fee" consists solely of the base monthly fee paid by Customer for the affected Internet Express 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 Internet Express's 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 Internet Express services, the Base Fee may include just the base monthly access or bandwidth fee paid by a Customer.
 

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524 15th Street, Moline, IL 61265 USA
Phone: 309-736-8000 or 888-620-7873 " Fax: 309-736-8048

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