Link Cloud Services – Infrastructure as a Service (IaaS) Service Level Agreement (“IaaS SLA”)


Effective as of August 1, 2013.

This IaaS SLA is incorporated in and forms an integral part of the Link Cloud Services Terms of Service (“TOS”).  All capitalized terms used in this IaaS SLA shall have the meaning set forth in the TOS, including without limitation the IaaS Cloud Service Terms of Use Addendum, unless otherwise expressly provided.


1. Coverage and Definitions

Link’s IaaS Cloud Service refers to Our compute service, and does not refer to peripheral or separate services, including but not limited to Our IaaS Cloud Services for management console, command line tools, or storage.  An “instance” means Your virtual machine created within Our IaaS Cloud Service.  A “Region” represents a geographic area that is no more than 100 miles in diameter and consists of multiple physically separate Availability Zones.  An “Availability Zone” is an IaaS Cloud Service deployment which consists of a data center in which customers can choose to create instances.

Monthly Availability %” is calculated per Region on a monthly basis, as 99.95% minus:

    A.    Total instance-downtime-minutes, divided by

    B.    Total instance-minutes

Total instance-minutes” is defined as the aggregate amount of time all instances are running for You during a given month in a given Region.

Total instance-downtime-minutes” is calculated as the sum of each instance’s downtime minutes, during the course of a month.

•  For each instance, “downtime minutes” are accrued starting at the beginning of the first 6 minute interval during which the instance was inaccessible and You were unable to launch a replacement instance in the same Region, and continue until the ability to launch a replacement instance is restored, including the time that would be required for a replacement instance to become accessible.

•  “Inaccessible” means that the operating system in the replacement instance could not respond to API or network requests, despite proper security group configuration, for 6 minutes or more.

•  “Accessible” means that the operating system in the replacement instance could respond to network requests.

•  “Unable to launch a replacement instance in the same Region” means that a request was sent to each IaaS Cloud Service API endpoint for that Region but no replacement instance actually started and became accessible.

Any Region in which You have no IaaS Cloud Service activity, defined as having zero (0) “total instance-minutes” on Your bill in a given month, will be deemed to have had 100% availability for You for the given month.


2.  Service Level

Goal: Link’s goal is to achieve 99.95% Availability for all IaaS Cloud Service customers.

Remedy: Subject to Sections 3 and 4 below, if the Availability of Your IaaS Cloud Service is less than 99.95%, We will credit You 5% of the monthly fee for each 30 minutes of downtime (up to 100% of Your monthly fee for the affected server).


3.  IaaS SLA Exceptions

You shall not receive any credits under this IaaS SLA in connection with any failure or deficiency of Availability caused by or associated with:

•  Your breach of the TOS including the AUP or Privacy Policy, and which results in that result in Your Service being suspended or terminated;

•  circumstances beyond Our reasonable control;

•  force majeure events, 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, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this IaaS SLA;

•  outages that result from Your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within Our direct control);

•  failure of access circuits to the Our network, unless such failure is caused solely by Us;

•  scheduled maintenance and emergency maintenance and upgrades;

•  DNS issues outside Our direct control;

•  issues with FTP, POP, IMAP, or SMTP customer access;

•  false SLA breaches reported as a result of outages or errors of any Link measurement system; Your acts or omissions (or acts or omissions of others engaged or authorized by You), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, Ruby, PHP, Python), any negligence, willful misconduct, or use of the IaaS Cloud Services in breach of the TOS, including the AUP;

•  e-mail or webmail delivery and transmission;

•  DNS (Domain Name Server) Propagation;

•  outages elsewhere on the Internet that hinder access to Your account

•  We are not responsible for browser or DNS caching that may make Your site appear inaccessible when others can still access it.  We will guarantee only those areas considered under Our control:  Our server links to the Internet, Our routers, and Our servers.


4. Credit Request and Payment Procedures

To receive a credit, You must make a request by sending an e-mail message to Cloud@LinkBermuda.com.  Your e-mail message MUST include the domain name of the Your account in the “Subject” line.  Each request in connection with this IaaS SLA must include Your account number and the dates and times of the unavailability of Your IaaS Cloud Service and must be received by Link within ten (10) business days after Your IaaS Cloud Service was not available.  If the unavailability is confirmed by Link, credits will be applied within two billing cycles after Link’s receipt of the Your credit request.  Credits are not refundable and can be used only towards future billing charges.

Notwithstanding anything to the contrary herein, the total amount credited to You in a particular month under this IaaS SLA shall not exceed the total fee paid by You for such month for the affected IaaS Cloud Services.  Credits are exclusive of any applicable taxes charged to You or collected by Link and are Your sole and exclusive remedy with respect to any failure or deficiency in the availability of the IaaS Cloud Services.