1. Overview, Coverage and Definitions
This agreement is the binding Service Level Agreement (SLA) between rsync.net, Inc. and rsync.net's customers. This SLA governs rsync.net's performance of technical services and support and the Customer's use of the same. This SLA is incorporated by reference into the agreements that govern Customers' relationship with rsync.net, including, without limitation, any Master Services Agreement or under the rsync.net Terms of Service (TOS), which is available at //www.rsync.net/resources/notices/tos.html.
This (SLA) applies to all customers who are storing data at an rsync.net offsite backup facility and/or are using an onsite backup appliance managed by rsync.net and/or are receiving managed offsite backup services from rsync.net, AND whose account is current (not past due).
The term "availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that either the contents of an rsync.net offsite filesystem OR the contents of an onsite storage device that rsync.net has both provided and is managing is available for access by the customer via the SSH protocol, as measured by rsync.net.
2. Service Level
The goal of rsync.net is to maintain data and filesystem integrity at the expense of all other objectives.
It is our secondary objective to maintain 100% availability of offsite filesystems and onsite storage devices that we manage.
Historically (updated April, 2019) we have maintained 99.95% or better availability. It is typical for our storage arrays to have 100+ day uptimes and entire years have passed without interruption to particular offsite storage arrays. Our 2012 migration to a ZFS based platform has removed the necessity of sometimes long filesystem checks that were periodically required by older, UFS based filesystems, which has decreased a common downtime event.
In the event of a conflict between data integrity and uptime, rsync.net will ALWAYS choose data integrity.
3. Remedies
Subject to "Exceptions" (see below) if the availability of a customer offsite filesystem OR an rsync.net managed and provided onsite storage device is less than 99.95% in a given month, as measured by rsync.net, rsync.net will credit the customers account 5% of the monthly fee for each 30 minutes of downtime beyond 0.05% downtime (up to 100% of customer's monthly fee for the affected account).
Maximum credit will be no more than Customer's total monthly bill (or multi-month bill divided by number of months in term). A violation of this SLA does not constitute a material breach of the Terms of Service or otherwise provide a basis for termination of contracted services unless specifically described as such in a Customer's agreement with rsync.net, Inc. The remedies set forth in this SLA are the sole and exclusive remedies for performance or service outages under this SLA and any other agreement with a Customer.
4. Exceptions
Customer shall not receive any credits under this SLA in connection with any failure or downtime caused by or associated with:
- circumstances beyond the reasonable control of rsync.net, including, without limitation: acts of any governmental body, war, insurrection, sabotage, 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, 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.
- scheduled maintenance and emergency maintenance and upgrades
- outages elsewhere on the Internet that hinder access to your account
5. Credit Requests
To receive a credit, the customer must make a request by sending an e-mail message to billing@rsync.net.
If the lack of availability is confirmed by rsync.net, credits will be applied within one billing cycle after rsync.net's receipt of the customer's credit request. Credits are not refundable and can be used only towards future billing charges.