Availability Objective: Playbl will provide 99% Availability (as defined below) for the Services within Playbl’s Immediate Control. For purposes hereof, “Availability” or “Available” means the Services are available for access and use through Playbl’s Internet connection.
“Immediate Control” includes Playbl’s network services within the Playbl data center which extends to, includes and terminates at the Internet Service Provider (“ISP”) circuit termination point on the router in Playbl’s data center (i.e., public Internet connectivity).
Specifically excluded from the definition of “Immediate Control” are the following:
a) Equipment, data, materials, software, hardware, services and/or facilities provided by or on behalf of Customer and Customer’s network services which allow the Customer to access the Services. These components are controlled by the Customer and their performance or failure to perform can impair or disrupt Customer’s connections to the Internet and the transmission of data.
b) Equipment, data, advertisements, materials, software, hardware, services and/or facilities provided by third party vendors or service providers of Customer.
c) Acts or omissions of Customers, its employees, contractors, agents or representatives, third party vendors or service providers of Customer or anyone gaining access to Playbl’s network at the request of Customer.
d) Issues arising from bugs or other problems in the software, firmware or hardware of third parties.
e) Delays or failures due to circumstances beyond Playbl’s reasonable control that could not be avoided by its exercise of due care.
f) Any outage, network unavailability or downtime outside the Playbl data center.
Availability Calculation: Availability is based on a weekly 7-day x 24-hour calculation. The calculation will be as follows: ((a – b) / a) x 100, where “a” is the total number of hours in a given calendar month, and “b” is the total number of hours that service is not Available in a given month. Specifically excluded from “b” in the calculation of the Availability measurement are (1) a service interruption caused by a security threat until such time as the security threat has been eliminated, (2) reasons of a force majeure event or events which are outside Playbl’s Immediate Control as defined above, (3) use of unapproved or modified hardware or software by or on behalf of Customer, (4) issues arising from misuse of the Services by Customer or its agents, customers or third party contractors, and/or (5) service interruption caused by Scheduled Maintenance as described below.
Scheduled Maintenance: Playbl will perform scheduled maintenance within a maintenance window from Monday through Sunday between the hours of 11:00 p.m. EST to 05:00 a.m. EST or such other times as Playbl may designate to Customer with at least 48 hours advance written notice.
Customer Support: Customer support for the Services can be reached at firstname.lastname@example.org and is available from 9:00 a.m. EST to 4:00 p.m. EST Monday-Friday, excluding federal holidays, for all support requests. Playbl has structured a response plan to address such requests in an efficient and timely manner, addressing the most critical issues first.
Changes to Service Level Agreement: Playbl reserves the right to modify these Service Level Terms at any time in its sole discretion.