Boca Networks' Availability Guarantee declares that the Boca Networks Network (as
defined in the applicable service agreement) will be available 100% of the
time. If Boca Networks fails to meet this Guarantee during any given
calendar month, Customer's account will be credited. At Customer's request,
Boca Networks will calculate the "Network Unavailability" in a calendar
month. "Network Unavailability" consists of the number of minutes that the
Boca Networks Network, or a Boca Networks-ordered telephone company circuit
in the contiguous U.S., was not available to Customer. This will not include
unavailability continuing for one hour or less which Customer fails to
report to Boca Networks within five days, or any unavailability resulting
from: (a) Boca Networks Network maintenance; (b) Boca Networks-ordered
telephone company circuits outside the contiguous U.S.; (c) any
Customer-ordered telephone company circuits; (d) Customer's applications,
equipment, or facilities; (e) acts or omissions of Customer, or any use or
user of the service authorized by Customer; or, (f) reasons of Force Majeure
(as defined in the applicable service agreement).
If Boca Networks fails to meet this Availability Guarantee, the account
shall be credited the pro-rated charges of the Boca Networks Monthly Fee,
calculated in 1 hour increments.
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Boca Networks' Latency Guarantee network latency of round-trip transmissions
of less than 75 milliseconds between Boca Networks-designated router and Boca Networks Backbone Router. By inheritance, Boca
Network’s Latency Guarantee on the Tier 1 providers that compose its
backbone connection will be no greater than 80 milliseconds, measuring the
latency between Bandwidth Technology’s Backbone Router and the last hop
inside the Tier 1 network that Boca Networks utilizes on their backbone.
Latency is measured by averaging sample measurements taken during a calendar
month between designated Routers.
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Boca
Networks provides two types of reporting guarantees, a Network Outage
Notification Guarantee and a Scheduled Maintenance Notification Guarantee.
Boca Networks' Network Outage Guarantee provides Customer notification
within 30 minutes after it is determined that service is unavailable. Boca
Networks' standard procedure is to ping Customer's router every five
minutes. If the router does not respond after two consecutive five-minute
ping cycles, Boca Networks will deem the service unavailable and the
Customer's point of contact will be notified by telephone, e-mail, fax, or
pager, as elected by Boca Networks. Scheduled Maintenance Notification
Guarantee shall include any maintenance at the Boca Networks hub to which
Customer's circuit is connected (a) of which Customer is notified 48 hours
in advance, and (b) that is performed during a standard maintenance window.
The standard maintenance window is Saturdays and Sundays from 3 AM to 10 AM
local time of the Boca Networks hub to which the circuit is connected.
Notice of Scheduled Maintenance will be provided to Customers' designated
point of contact by telephone, e-mail, fax, or pager, as elected by Boca
Networks.
Customer is solely responsible for providing Boca Networks accurate and
current contact information for their designated points of contact. Boca
Networks will be relieved of its obligations under this Customer Reporting
Guarantee if the contact information provided by Customer is inaccurate or
omitted, or if Boca Networks' failure is due to reasons of Force Majeure (as
defined in the applicable service agreement).
If Boca Networks fails to meet this Customer Reporting Guarantee, at
Customer's request, the account shall be credited the pro-rated charges of
the Boca Networks Monthly Fee in 1 hr increments for the service with
respect to which this Guarantee has not been met. Customer may obtain no
more than one credit per day, irrespective of how often in that day Boca
Networks failed to meet the Customer Reporting Guarantee.
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