1. Service Level Availability. Service Provider agrees to an availability service level of 99.9% of the Required Egress Capacity from at least one PoP at any given time (“Availability”). If a PoP’s egress consists of a single circuit, Edgio will consider the status of this single circuit for the purpose of calculating Availability. If a PoP’s egress consists of more than one circuit (link aggregation or other Edgio approved method), Edgio will consider a calculation of total bandwidth available for purposes of calculating Availability. For example, if two 100Gbps circuits serve a PoP with a Required Egress Capacity of 100Gbps, and one of those circuits fails, the site will meet the Availability warranty in this Section as it will be served by the remaining 1x100Gbps circuit. However, if two 100Gbps circuits serve a Pop with a Required Egress Capacity of 150Gbps and one of those circuits fails, the site will not meet the Availability warranty because the total egress (100Gbps) will fall below 99.9% the 150 Gbps Required Egress Capacity. In addition, the Service Provider will maintain downstream link capacity to prevent any congestion or throttling of the circuits provided to maintain the Required Egress Capacity at all times. Service Provider agrees to a port availability service level of 99.9%, for each of the ports connecting Service Provider’s routing platforms and the PoP (“Port Availability”). The Port will be considered unavailable if Edgio monitoring tools indicate that the Ethernet port on Service Provider’s routing platform is unable to send or receive traffic to or from the corresponding cluster’s IP addresses, to be measured on a per port basis (where applicable).
2. Measurement Tools. The Parties acknowledge that to perform the service level measurements in accordance with Section 1 of this SLA, Edgio will use any or all of the following methodologies:
a. Log file mining: Collect log files from the caching and streaming servers located at the Nodes. These log files will raw data such as per-session download times, error codes, and networks measures that will be used to process statistics from; and/or
b. Internal probes: Probes or test-agents developed by Edgio used to provide such information as packet-loss and latencies through pings to suitable destinations across the network; and/or
c. Customer Reported Statistics: Utilizing statistics and measurements submitted by the customers for download performance, availability, rebuffering, and latencies.
3. Fault Report. Edgio shall report to the Service Provider NOC any failure in the Services provided by Service Provider, for Service Provider to open a trouble ticket. SLA calculations will consider failure from the time of Service Provider receipt of the report of such qualifying event until the moment the Service Provider NOC informs the Edgio NOC that Services have been restored and Edgio confirms such restoration. The Service Provider NOC shall issue a report of the failure that explains the reason for the outage along with actions undertaken to resolve such failure (“RFO”) within three (3) business days from the date of services restoration and closing of the trouble ticket.
4. Exceptions. Any impact resulting from planned maintenance by Service Provider shall not be counted towards Availability so long as Service Provider provided Edgio at least seven (7) days written notice of the planned maintenance. Planned maintenance by Service Provider shall not exceed 24 hours per any calendar month. Service Provider may restrict egress, but not out-of-band, access to the Equipment if Service Provider determines, in good faith, that such restriction is required to protect Service Provider’s network. Service Provider shall provide Edgio with advance notice of any such restriction as soon as is reasonably practicable. If advance notice is not given, Service Provider shall contact the Edgio NOC within two (2) hours explaining the reasons for this egress restriction. At no time will Service Provider disconnect power from the Equipment.