01.COM CLOUD HOSTING SERVICE LEVEL AGREEMENT (SLA)

"You" means our customers, prospective customers, resellers and other partners promoting the 01.com ("we" or "us") Zimbra and BES shared/cloud hosting service.

SPECIFICATIONS

We endeavor to have your e-mail services accessible by any party in the world 100% of the time. Network downtime (unavailability) is defined as 100% packet loss from our data centers to their backbone providers. Downtime is measured past 10 minutes after notification of network failure via 01.com's data center's online ticketing system or e-mail to the ticketing system: support(at)01.com.

If the ticketing system or e-mail itself is unreachable, please start a ticket by using AIM/iChat: help@01.com. If the phone system is unavailable, the ticket must be started by calling 01.com on one of its toll-free support lines. 01.com's administrators will determine the end of the downtime by a trace-route to the customer's machine from outside the 01.com's network.

This guarantees offered by this SLA apply only to 01.com Zimbra Cloud Hosting clients with active services in good financial standing and outside of their free trial period with 01.com at the time of a service outage.

RESPONSIVENESS GUARANTEE

Response. The Maximum Response Time (“MRT”) is the maximum time we mutually agree may pass between Identification of an issue and our Response to it. We use our internal and external systems monitoring, often along with your reports to identify an issue, and then respond to it. A Response is defined as the written acknowledgment by the Help Desk, email or web ticket is acceptable, or work conducted in response to an issue. We make commercially reasonable efforts to respond to systems emergencies at any time within our Emergency MRT of 10 minutes.

We also make commercially reasonable efforts to make our Help Desk available 24x7 to accept and document your issues, and respond to you based on a 1 day MRT, published Availability and ticket prioritization, We track our responsiveness, dialogue with, and feedback from you through our enterprise trouble ticketing and feedback systems, where a ticket and corresponding number is issued for each material inquiry, whether contact is by web, e-mail, chat or phone, and feedback is acknolwedged within our Feedback MRT of 1 business day, and evaluated by management promptly.

We make efforts to prioritize responses first-come, first-served, and by priority. Responses are tracked and measured by the Online Help Desk ticketing system, and may be reviewed by you securely and directly: https://helpdesk.01.com

Priority. At the time such contact is made, we request you identify the priority of your issue on a scale of Low, Medium, High, Urgent, Emergency or Critical. We makes commercially reasonable efforts to respond to tickets based on their priority, and depend on your accurate assessment, where generally the priorities correspond to:

1. Low: No target MRT, there is no material productivity loss associated with the issue
2. Medium: MRT of 1 week, there may be a work slow down caused by the issue
3. High: MRT of 72 hours, one person may be experiencing a work slow down
4. Urgent: MRT of 48 hours, one person's work is stopped, or a group may be slowed
5. Emergency: MRT of 24 hours, a group's work may be stopped, or a company's may be slowed
6. Critical: MRT of ASAP ("as soon as practical"), a company's work is stopped due to an issue

If it may not be clear why a ticket has the priority you've assigned it, please explain why you've assigned the priority in the ticket body, and in the case where you are a new customer transitioning from problem ISPs/mail hosts, please chat/call so we can coordinate a special emergency response. We assume ticket priority is based on issues directly caused by our systems, that is, issues that we can directly impact and resolve. While ticket priority is assigned by you, and ultimately determined by us at our sole discretion. Tickets of the same Priority are prioritized first-come, first served.

LATENCY GUARANTEE

Our goal is to keep Average Round-Trip Latency on the 01.com's data center Network to 50 milliseconds or less in North America, 85 milliseconds or less in Europe, and 120 milliseconds or less in Asia and the Pacific Rim. "Average Round-Trip Latency", with respect to a given month, means the average time required for round-trip packet transfers between Selected POPs on our Network during such month, as measured by us. If Average Round-Trip Latency on our Network for a calendar month exceeds the target milliseconds, then upon your request, we will issue a credit to Customer equal to and not to exceed in any calendar month one day's worth of the Hosting Fee paid by Customer for such month.

PACKET LOSS GUARANTEE

01.com's goal is to keep Average Packet Loss on the 01.com Network to .01% or less. "Average Packet Loss", with respect to a given month, means the average percentage of IP packets transmitted on the 01.com Network during such month that are not successfully delivered, as measured by 01.com. If Average Packet Loss exceeds .01% during a calendar month, then upon Customer's request (in accordance with the procedure set forth below), 01.com will issue a credit to Customer equal to and not to exceed in any calendar month one day's worth of the Hosting Fee (as defined below) paid by Customer for such month. Should any credit be due for this or any other reason herein, it will be in the form of credit toward future services only.

The terms of this SLA relating to Average Round-Trip Latency and Average Packet Loss will take effect the first full calendar month after Customer's first use of the 01.com Network.

Public monitoring

Shared Hosting - We monitor services in our shared hosting environment continuously with the exception of scheduled maintenance periods, and we report the results of this monitoring publicly at http://watcher.01.com. Please note that we are working on improving this public monitoring software, it is not the software our internal engineers use, nor does it yet accurately reflect the metrics for which we're aiming here. This system is scheduled for revision in Q2, 2009.

Due to the margin of error caused by software we use to monitor our services, we define reported availability above 99.75% as "100% Availability". In the event that your Zimbra service is not available at least 99.75% for any given full calendar month, then upon Customer's request 01.com will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured for the entire calendar month, with the maximum credit not to exceed 50% of the monthly service charge for the affected month.

MONTHLY UPTIME CREDIT: CLOUD HOSTING

MANAGED, DEDICATED SERVERS AND COLOCATION

Covered under a separate, MSA. This SLA applies only to 01.com's cloud (aka "shared") Zimbra hosting services.

RESTRICTIONS

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

1. circumstances beyond 01.com's reasonable control, including, without limitation, your former ISP or mail providers, acts of any governmental body, war, insurrection, sabotage, theft, 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, Zimbra, 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 SLA;
2. failure of bandwidth providers to the 01.com's data center Network, unless such failure is caused solely by 01.com or its data center;
3. scheduled maintenance and emergency maintenance and upgrades, such as and not limited to the case of installing security patch releases;
4. Firewall and DNS issues outside the direct control of 01.com's data center;
5. issues with FTP, POP, IMAP, or SMTP customer access;
6. false SLA breaches reported as a result of outages or errors of any 01.com's measurement system;
7. 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, ASP, etc.), any negligence, willful misconduct, or use of the Services in breach of 01.com's data center's Terms and Conditions and Acceptable Use Policy;
8. e-mail or webmail delivery and transmission;
9. DNS (Domain Name Server) Propagation;
10. outages elsewhere on the Internet that hinder access to your account.

01.com is not responsible for browser or DNS caching that may make your web mail or domain admin appear inaccessible when others can still access it. We will guarantee only those areas considered under the control of our company: our data center server links to the Internet, data center's routers, and our servers.