Service Level Agreement (SLA)

Version 2014.12.01

LuxSci guarantees the Servers that we provide to our clients. This SLA covers hardware, infrastructure, and network facilities. Any SLA included in your signed contract supersedes this standard Dedicated Server SLA.

LuxSci offers several different kinds of managed servers:

• Basic Dedicated Physical Servers - at Peer1 (no longer offered)
• Business Class Servers - in the RackSpace Public Cloud
• Enterprise Class Servers - in LuxSci's Private Cloud at RackSpace
• Dedicated Physical Servers - at RackSpace (offered at special request)

LuxSci technicians work with the support teams at these locations to provide you with the highest level of service. The data center server provider used will henceforth be called the Server Provider. This dedicated and cloud server SLA seeks to pass along the SLAs provided by the individual Server Providers for each type of server.

1. Coverage and Remedy:

Network Guarantee - All Servers: LuxSci guarantees that the network will be available 100% of the time in a given month, excluding scheduled or emergency maintenance. Upon experiencing downtime, LuxSci will refund the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of customer's monthly fee for the affected servers). Network uptime includes functioning of all network infrastructure including routers, switches and cabling, but does not include services or software running on your server. Network downtime only exists when a particular server is unable to transmit and receive data and such a failure is recorded in the LuxSci support ticket system. Network downtime is measured from the time a LuxSci support ticket on this issue is opened by a customer, or by LuxSci for the customer, to the time that the server is once again able to transmit and receive data.

Infrastructure - All Servers: LuxSci guarantees that the critical infrastructure systems, including power and HVAC, will be available 100% of the time in a given month, excluding scheduled maintenance. Upon experiencing downtime, LuxSci will refund the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of customer's monthly fee for the affected servers). Critical infrastructure includes the functioning of all power and HVAC infrastructure including UPSs, PDUs and cabling, but does not include the power supplies on customers' servers. Infrastructure downtime exists when a particular server is shut down due to power or heat problems and this is recorded in the LuxSci support ticket system. Infrastructure downtime is measured from the time the customer, or by LuxSci for the customer, opens a LuxSci support ticket regarding server downtime to the time the problem is resolved and the server is powered back on.

Hardware - All Servers except Basic Dedicated: LuxSci guarantees the functioning of all hardware components and will replace any failed component at no cost to the customer. Hardware replacement will begin once Server Provider identifies the cause of the problem. Hardware replacement is guaranteed to be complete within one hour of problem identification. In the event that it takes more than one hour to replace faulty hardware, LuxSci will refund the customer 5% of the monthly fee for the server in question per additional hour of downtime (up to 100% of customer's monthly fee for the server in question). Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware used by the Server or Cloud Server. This guarantee excludes the time required to rebuild a RAID array, the reload of certain operating systems and applications, and restores from backup.

Hardware - Basic Dedicated Servers: LuxSci guarantees the functioning of all leased hardware components and will replace any failed component at no cost to the customer. Hardware replacement will begin once Server Provider identifies the cause of the problem. Hardware replacement is guaranteed to be complete within four hours of problem identification. In the event that it takes more than four hours to replace faulty hardware, LuxSci will refund the customer 5% of the monthly fee for the server in question per additional hour of downtime (up to 100% of customer's monthly fee for the server in question). Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease. This guarantee excludes the time required to rebuild a RAID array and the reload of certain operating systems and applications, and restores from backup.

Disk Arrays - Business Class Servers: These use RackSpace cloud block storage for dedicated storage arrays. RackSpace provides a 99.9% availability guarantee on these storage arrays. LuxSci guarantees the 99.9% or better availability of these as well. In the event of unavailability exceeding 43 minutes in a month, LuxSci will refund the customer 5% of the monthly fee for the server in question per hour of downtime or fraction thereof (up to 100% of customer's monthly fee for the server in question). This guarantee excludes the time required to rebuild a RAID array or repair the disk in case such is needed.

Migration - Business Class Servers: If a Business Class Server migration is required because of degradation of the underlying host machine, we will notify you at least 24 hours in advance of beginning the migration, unless Server Provider determines in its reasonable judgment, that it must begin the migration sooner to protect your server data. Either way, we guarantee that the migration will be complete within three hours of the time that Server Provider begins the migration. In the event that it takes more than three hours to complete the migration, LuxSci will refund the customer 5% of the monthly fee for the server in question per additional hour of downtime (up to 100% of customer's monthly fee for the server in question).

2. Exceptions:

Customer shall not receive any credits under this SLA in connection with any failure or deficiency caused by or associated with:

• circumstances beyond LuxSci's or Server Provider's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, 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 (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts);
• attacks by viruses or hackers, including Distributed Denial of Service (dDoS) attacks against LuxSci's or Rackspace's network;
• scheduled maintenance and system upgrades, or emergency maintenance;
• any DNS or Domain Registry issues outside the direct control of LuxSci including DNS and Registry propagation issues and expiration;
• customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, etc), server or software administration by the customer, any negligence, willful misconduct, or use of the customer's account in breach of LuxSci's Master Services Agreement or Acceptable Use Policy;
• issues with 3rd party email systems, including refusal or rejection of email by 3rd party mail systems;
• delays in email delivery;
• delayed or inappropriately blocked email due to issues with Proofpoint Email Filtering (a.k.a. LuxSci Premium Email Filtering);
• false SLA breaches reported as a result of outages or errors of any LuxSci measurement system;
• outages elsewhere on the Internet that hinder access to your account. LuxSci is not responsible for browser, DNS, or other caching that may make your web site or email appear inaccessible when others can still access it. LuxSci will guarantee only those areas of the Internet considered under the control of LuxSci: LuxSci servers' links to the Internet, LuxSci's routers, and LuxSci's servers themselves.

3. Credit Request and Payment Procedures:

In order to receive a credit, customer must make a request for credit by filing a support ticket in the LuxSci members' portal. Each request in connection with this SLA must include the dates and times of the unavailability of customer's Services, a description of the perceived problem, and must be received by LuxSci within ten (10) business days after customer's Services were not available. If the unavailability is confirmed by LuxSci, credits will be applied within 30 days of LuxSci's receipt of customer's credit request.

Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total dedicated hosting fees paid by customer for said month for the affected server(s). Credits are exclusive of any applicable taxes charged to customer or collected by LuxSci and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Availability of customer's services.