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cyberMIND Network Availability Service Level Guarantee
cyberMIND's Network Availability Service Level Guarantee
("Guarantee") is that the cyberMIND Network will
be available 99.995% of the time. The cyberMIND Network is
the combination of cyberMIND-operated equipment, servers,
circuits, and other data transmission facilities comprising
cyberMIND's TCP/IP wide-area network in the regions listed
below. cyberMIND's Network Guarantee will be measured based
on the number of minutes that the cyberMIND Network was not
available as determined by cyberMIND based on the following
conditions ("Unavailability").
| North
American Network Availability |
99.995%
|
| European
Network Availability |
99.995%
|
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Each month's network performance statistics
relating to the Guarantee shall be posted on the cyberMIND
Customer Support Web Site (current customers only).
If cyberMIND determines that the Network is Unavailable for
one (1) or more consecutive hours during any calendar month,
cyberMIND, upon the customer's request, will credit the customer's
monthly invoice the prorated charges of one (1) day of the
cyberMIND service fee for each consecutive hour, up to a maximum
of seven (7) days per month.
To receive the credit if this Guarantee has not been met,
Customer must contact cyberMIND's customer service group within
30 days of the end of the month for which credit is requested.
Unavailability will not include Network unavailability of
an hour or less, or any unavailability resulting from (a)
Network maintenance, (b) circuits provided by telcos or other
common carriers, (c) an external Internet Service Provider
or an Internet exchange point, (d) acts or omissions of Customer
or an authorized user, (e) behavior of Customer equipment,
facilities or applications, or (f) acts of God, civil disorder,
natural cataclysm or other occurrences beyond the reasonable
control of cyberMIND.
Guarantee Coverage: Customers that register and have service
in the applicable geographic region are covered for the following
cyberMIND services: LAN Connect, Higher Broadband, the Internet
access features of cyberMIND Dialup, Dedicated, and Roaming.
Customers with North American service sites are eligible
for North American coverage. Customers with European service
sites are eligible for European coverage.
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