Bare Metal guarantees that the network will be available 100% of the time during the billing cycle of a server, excluding scheduled maintenance. Our Network consists of all Bare Metal network infrastructure hardware, including routers, switches, and cabling. It does not include the services or software running on the server, nor the server's hardware. A "Network Downtime" event exists when a particular customer's server is unable to transmit and receive data to the Internet, caused by the failure of network equipment managed and owned by Bare Metal.
Customers are not entitled to a credit if the downtime is caused by:
- Actions of the Customer or others authorized by Customer to use the Service under the Agreement;
- The failure of Third Party Service to Bare Metal's network;
- Application, software, or operating system failure,
- The result of network maintenance activity,
- Denial of Service attack, hacker activity, or other malicious event or code targeted against Bare Metal or a Bare Metal Customer, or
- Failure of any Network or Internet Infrastructure not owned or managed by Bare Metal.
All credits must be requested by the customer within 3 days of the reported downtime, and the downtime must be from a single occurrence. Customer must include service type, IP Address, information, and full description of the service interruption including logs, if applicable. All downtimes will be measured from the time the ticket is received and validated by Bare Metal to the time Bare Metal, in its sole discretion is able to resolve the issue.
Customers currently in arrears for monthly services do not qualify for SLA claims. Customers who have been in payment arrears three or more times in the previous twelve months do not qualify for SLA claims. Valid SLA claims will not be credited to the Customer's accounts until all abuse issues are resolved. Any Customer making false or repetitive claims will incur a onetime charge of $50 per incident for such claims. False or repetitive claims are also a violation of the TOS and may be subject to service suspension. Customers participating in malicious or aggressive internet activities, thereby causing attacks or counter-attacks, do not qualify for SLA claims and shall be deemed in violation of the AUP.