A. Network Availability – 99.9%:
MiraMax Media’s Backbone Network shall be “Available” 99.9% of the time in delivering traffic to/from other Internet locations” on the MiraMax Media Backbone measured over a calendar month. Network Availability shall be calculated based on an aggregate monthly measurement average between MiraMax Media and the Internet.
Any calculation of Network Availability shall not include any unavailability resulting from (a) scheduled Network maintenance; (b) the occurrence of a Force Majeure event, or (c) the failure of non-service impacting equipment or systems responsible for network measurements.
B. eList Manager Availability – 99.9%
MiraMax Media’s eList Manager Platform shall be “Available” 99.9% of the time other than scheduled maintenance which occurs every Monday morning between 8:00am – 10:00am EST. Customer shall not have any campaigns scheduled and shall not have any campaigns deploying during this time period.
Any calculation of eList Manager Availability shall not include any unavailability resulting from (a) scheduled Network maintenance; (b) the occurrence of a Force Majeure event, (c) customer requested or MiraMax Media implemented IP, domain rotation or technical support being performed on software/hardware; (d) the failure of non-service impacting equipment or systems responsible for network measurements, or (e) any IP addresses being blacklisted or placed on any type of list, private or publically available, used to thwart spam or possibly hinder the deliverability of email.
C. Data Delivery (Packet Loss) – 99.9%:
MiraMax Media’s aggregate monthly average packet loss on our Backbone shall not exceed 0.1%. Packet Loss shall be calculated based on the arithmetic mean of aggregate monthly measurements between MiraMax Media’s endpoints within the USA.
Any calculation of Network Packet Loss shall not include any failure attributable to (a) scheduled Network maintenance; (b) the occurrence of a Force Majeure event, or (c) the failure of non-service impacting equipment or systems responsible for network measurements.
D. 24 Hour Service Restoration:
Customer connectivity shall be restored in 1 hour or less from the time MiraMax Media is notified of the outage. *Customer shall be entitled to downtime credit (based on 30 day calendar month) from the Customer’s recurring monthly service fees if MiraMax Media fails to meet the 1 Hour Service Restoration SLA. IP Blacklisting or non-use of a working, connected system based on any of the IP addresses associated with the system does not equate to downtime, nor will any credit of any kind be issued. MiraMax Media, at MiraMax Media’s sole discretion, may choose to offer an extension of time to customer, while customer’s assigned IP addresses are being changed, replaced or reissued.
Any calculation of the 1 Hour Service Restoration shall not include any failure attributable to (a) scheduled Network maintenance; (b) the occurrence of a Force Majeure event; (c) the failure of non-service impacting equipment or systems responsible for network measurements; or (d) any CPE failures; (e) any outage involving access facilities; including Central Office (CO) & Remote Terminal (RT).
(*) Credits are not automatically applied. Customer must call Customer Service at (561)826-6001. MiraMax Media does not provide cash refunds or refunds of any kind to customer for downtime or for any other reason. If credits are found to be warranted, under this agreement, credits will be applied to customer account by an extension of time being added to the customer service agreement at no extra cost to customer.
E. Scheduled Network Maintenance:
Scheduled Network Maintenance refers to upgrades or modifications to network equipment software, network equipment hardware, or Network capacity. Scheduled Network Maintenance may temporarily degrade the quality of MiraMax Media’s service, including the possibility of short-duration outages. Such effects related to Scheduled Network Maintenance shall not give rise to service credits under this SLA. Scheduled Network Maintenance shall be undertaken only on Monday and Saturday mornings between the hours of 2:00AM and 10:00AM Eastern Time in the United States independent of the local time zone. MiraMax Media reserves the right to change Scheduled Network Maintenance dates & times upon 30 days notification via update to be posted at this site.
F. Emergency Network Maintenance:
Emergency Network Maintenance refers to efforts to correct network conditions that are likely to cause a material Service outage and that require immediate action. Emergency Network Maintenance may temporarily degrade the quality of MiraMax Media’s Service, including the possibility of short-duration outages. Such effects related to Emergency Network Maintenance shall entitle Customer to service credits as set forth in this SLA if and only if service degradation or loss-of-service occurs outside of Scheduled Network Maintenance time windows. MiraMax Media may undertake Emergency Network Maintenance at any time deemed necessary and shall provide notice of Emergency Network Maintenance to Customer as soon as is commercially practicable under the circumstances.
G. Force Majeure:
Neither MiraMax Media nor Customer shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, terrorism, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including strikes, slowdowns, picketing or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.