Service Level Agreement

theNoise is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of theNoise network. theNoise SLA guarantees our network/equipment reliability and performance. This SLA applies to customers of theNoise hosting, reseller, or dedicated servers.

Uptime Guarantee
theNoise strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is is calculated solely by theNoise monitoring systems or theNoise authorized/contracted outside monitoring services. If theNoise fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. The maximum amount theNoise will credit is a full month's service. Details on how credit amounts are calculated can be found below.

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the theNoise network caused by or associated with:

  • Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement, Telco Failure (ie...Verizon™ cutting a fiber line somewhere), Backbone peering point issues (ie...UUnet™ having a router go down in Virginia that wipes out internet service for the entire East Coast) Scheduled maintenance for hardware/software upgrades DNS issues not within the direct control of theNoise; or
  • Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of theNoise service(s) in breach of theNoise Acceptable Use Policy (AUP), by Client or others authorized by Client.

theNoise's goal is to make theNoise network available to Client free of outages for 99.5% of the time. An "outage” is defined as an instance in which Client is unable to transmit and receive IP packets due to a theNoise service failure for more than 15 consecutive minutes, excluding service failures relating to theNoise's scheduled maintenance and upgrades. theNoise network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure.

theNoise will periodically (on average every 10 minutes) monitor theNoise network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that such measurements may not measure the exact path traversed by Client’s internet connection, and that such measurements constitute measurements across theNoise network but not other networks to which Client may connect. theNoise reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be made available to Client upon request.

Hardware Failure
theNoise stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. theNoise co-locates their servers with respected, secured, hardened, and experienced service providers that utilize only name brand hardware of the highest quality and perfomance. theNoise's co-location provider will replace all faulty hardware affecting performance levels of equipment within 12 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site hardware engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current contracts with our co-location provider and backbone providers in regard to the emergency repair service in case of such an issue. theNoise co-location provider will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades.

Credit requests must be made directly to theNoise. Each request in connection with network/server outages/downtime must be received by theNoise within five days of the occurance. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by theNoise within five days after the end of such month. The total amount credited to a Client for theNoise not meeting SLA service levels will not exceed the service fees paid by Client to theNoise for such services for the period in question. Each validly requested credit will be applied to a Client invoice within thirty (30) days after receipt by theNoise of such request. Credits are exclusive of any applicable taxes charged to Client or collected by theNoise. Upon Client’s request (in accordance with the procedure set forth herein), theNoise will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to theNoise and confirmed by theNoise measurement reporting. Such credit will be equal to one MONTH’s worth of service.

Account cancellations
Your account can be cancelled ONLY by contacting theNoise directly. Other methods of cancellation are not valid. Any refunds due at the time of notification of cancellation will not include partial months.

theNoise reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. theNoise will attempt to notify clients at the last known e-mail address provided by Client to theNoise. Except as set forth in this SLA, theNoise makes no claims regarding the availability or performance of theNoise network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed and agreed to by client. In case of difference terms/points in this SLA and the Client's Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed and agreed to by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.