3.1 The affected ICANN-Accredited registrar will assist registry operator by reporting each occurrence of alleged Service Unavailability to registry operator customer service help desk in the manner required by registry operator (i.e., e-mail, fax or telephone) in order for an occurrence to be treated as Service Unavailability for purposes of this SLA. Registry operator will treat all system performance problems in order of decreasing severity and fix them within a commercially reasonable period of time. Incidents flagged by the measurement system will also qualify as ticketed events and will be classed as Unavailability.
3.2 Registry operator will perform monitoring from internally located systems as a means to verify that the conditions of the SLA are being met.
3.3 The SLA will be reconciled on a quarterly basis.
3.4 The registrar will have the option to choose which of the credit calculations described in Section 2 of the SLA will apply where service level credit overlaps occur. There can be several types of credits over the same calendar month, but the registrar can only claim one type of refund for each event.
3.5 Registry operator will not attempt to discern what discount levels were in effect at the specific time of a service level exception, but rather use the discount level in effect at the time the credits issue. All service level credits will be paid out using the appropriate discounts and rate levels reflected by the then current rate schedule.
3.6 The registrar may, under reasonable terms and conditions, audit the reconciliation records for the purposes of verifying service level performance. The frequency of these audits will be no more than once every six-month period during the term of the registry-Registrar Agreement between registry operator and the registrar.
3.7 Registry operator's obligations under this SLA are waived during the first 120 days after the Commencement-of-Service Date.
3.8 Incident trouble tickets must be opened within a commercially reasonable period of time.
3.9 In the event that Service Unavailability affects all registrars, the registry operator is responsible for opening a blanket trouble ticket and immediately notifying all registrars of the trouble ticket number and details.
3.10 Both registrar and the registry operator agree to use reasonable commercial good faith efforts to establish the cause of any alleged Service Unavailability. If it is mutually determined to be a registry operator problem, the issue will become part of the Unplanned Outage Time.
3.11 Registrars must inform the registry operator any time their estimated volume of transactions (excluding check domain commands), will exceed their previous calendar month's volume by more than 25%. In the event that a registrar fails to inform registry operator of a forecasted increase of volume of transactions of 25% or more and the registrar's volume increases 25% or more over the previous month, and should the total volume of transactions added by the registry operator for all registrars for that month exceed the registry operator's actual volume of the previous month's transactions by more than 20%, then the registrar(s) failing to give such notice will not be eligible for any SLA Credits in that Monthly Timeframe. Registrars shall provide their forecasts at least 30 days prior to the first day of the next calendar month. In addition, the registry operator agrees to provide monthly transaction summary reports starting no later than 120 days after the Commencement-of-Service Date.
3.12 The registry operator will notify registrar of Planned Outages outside the Planned Outage Period at least 7 days in advance of such Planned Outage. In addition, registry operator will use reasonable commercial good faith efforts to maintain an accurate 30 day advance schedule of possible upcoming Planned Outages.
3.13 The registry operator will update the WHOIS Service on a near real-time basis. During normal operation, all registration and information updates sent from a registrar to the registry are stored in the primary database (database A). The information in database A is replicated to a backup database (database B) at regular intervals, normally within five (5) minutes. The WHOIS Service uses database B as its source of information. The time lag in the WHOIS information update is determined by the database replication interval. The registry operator will notify registrars in advance when changes to the WHOIS Service update schedule occur.
3.14 The registry operator will initiate the addition, deletion or other modification of DNS zone information to the master DNS server within 15 minutes of a Transaction. The registry operator will notify registrar in advance when changes to the schedule occur. The registry operator will notify registrars regarding any scheduled maintenance and unavailability of the TLD root-servers.
3.15 The registry operator will use commercially reasonable efforts to restore the critical systems of the System within 24 hours in the event of a force majeure and restore full system functionality within 48 hours. Outages due to a force majeure will not be considered Service Unavailability.
3.16 Beginning no later than 120 days after the Commencement-of-Service Date, the registry operator will publish preliminary weekly system performance and availability reports. Registry operator will use best efforts to finalize these reports no later than 30 days after the preliminary reports are provided.
3.17 The registry operator will provide Service Availability percentages during each Monthly Timeframe as listed in Section IV - Service Levels.