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Cloud Servers Service Level Guaranty

The Rackspace Cloud provides the same guaranty for Cloud Servers as Rackspace does for traditional hosted servers. Specifically:

Network

We guaranty that our data center network will be available 100% of the time in any given monthly billing period, excluding scheduled maintenance.

Data Center Infrastructure

We guaranty that data center HVAC and power will be functioning 100% of the time in any given monthly billing period, excluding scheduled maintenance. Infrastructure downtime exists when Cloud Servers downtime occurs as a result of power or heat problems.

Cloud Server Hosts

We guaranty the functioning of all cloud server hosts including compute, storage, and hypervisor. If a cloud server host fails, we guaranty that restoration or repair will be complete within one hour of problem identification.

Migration

If a cloud server migration is required because of cloud server host degradation, we will notify you at least 24 hours in advance of beginning the migration, unless we determine in our reasonable judgment, that we must begin the migration sooner to protect your cloud server data. Either way, we guaranty that the migration will be complete within three hours of the time that we begin the migration.

Credits

If we fail to meet a guaranty stated above, you will be eligible for a credit. Credits will be calculated as a percentage of the fees for the cloud servers adversely affected by the failure for the current monthly billing period during which the failure occurred (to be applied at the end of the billing cycle), as follows:

Network: Five percent (5%) of the fees for each 30 minutes of network downtime, up to 100% of the fees;

Data Center Infrastructure: Five percent (5%) of fees for each 30 minutes of infrastructure downtime, up to 100% of the fees;

Cloud Server Hosts: Five percent (5%) of the fees for each additional hour of downtime, up to 100% of the fees;

Migration:Five percent (5%) of the fees for each additional hour of downtime, up to 100% of the fees.

Definitions: For purposes of this Service Level Guaranty:

  • "cloud server" means your unique virtual machine instance;
  • "cloud server fees" means the fees for your cloud servers for the monthly billing period in which the failure occurred and includes monthly virtual machine instance and bandwidth charges;
  • "cloud server host" means the physical server which hosts your cloud server;
  • "data center network" means the portion of The Rackspace Cloud network extending from the network egress point of your cloud server host to the outbound port of the data center border router;
  • "power" includes UPSs, PDUs and cabling, but does not include the power supplies in cloud server hosts;
  • "scheduled maintenance" means maintenance that is announced at least ten business days in advance, and that does not exceed sixty minutes in any calendar month.

Limitations.

You are not entitled to a credit if you are in breach of your services agreement with The Rackspace Cloud™ (including your payment obligations to us) until you have cured the breach. You are not entitled to a credit if downtime would not have occurred but for your breach of your agreement with The Rackspace Cloud or your misuse of Cloud Servers system.

To receive a credit, you must contact your The Rackspace Cloud account team within thirty (30) days following the end of the downtime. You must show that your use of the Cloud Servers was adversely affected in some way as a result of the downtime to be eligible for the credit.

This Service Level Guaranty is your sole and exclusive remedy for Cloud Servers unavailability.

Notwithstanding anything in this Service Level Guaranty to the contrary, the maximum total credit for the monthly billing period, including all guaranties, shall not exceed 100% of your fee for that billing period. Credits that would be available but for this limitation will not be carried forward to future billing periods.

This Service Level Guaranty is part of your Agreement with The Rackspace Cloud, along with The Rackspace Cloud™ Terms of Service and the AUP, and is subject to the terms and conditions stated in those documents.



June 23, 2009. The Rackspace Cloud™ is a registered trademark of Rackspace US, Inc.
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