In compliance with Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Digital Dynamo system or website must be directed only to our Designated Agent listed below.
Digital Dynamo guarantees 100% Backbone Network Uptime with a minimum of 99% sustained Packet Throughput (PT). Network performance is monitored continuously via measurements between various Digital Dynamo Points of Presence (POPs) across the U.S. domestic backbone.
Network availability refers to a Customer’s ability to access the Digital Dynamo Backbone Network.
Latency is measured by round-trip times between core routers within Digital Dynamo’s POP facilities across the continental U.S. We guarantee average round-trip latency not to exceed 120 milliseconds (ms). Failure to meet this standard will result in service credits (see §6).
Network Unavailability is defined as:
Planned network maintenance, customer-caused outages, or disruptions outside of Digital Dynamo’s control are not considered Network Unavailability.
Customers must report downtime lasting more than 15 consecutive minutes within 48 hours to our Support Center. If verified, we will issue a pro-rated service credit (see §6). Credit is capped at one full day’s value per 24-hour period.
Downtime caused by a Local Exchange Carrier (LEC) affecting a Provider-ordered local loop circuit qualifies for credit only on Internet Port access fees, not local loop charges.
Downtime caused by third-party LEC Frame Relay or DSL services is not covered under this SLA.
Hardware not owned by Digital Dynamo is not directly monitored. However, a Ping Test is performed every 300 seconds to one IP address per customer account. If two consecutive pings fail, the Customer is notified per §3. Digital Dynamo takes no corrective action unless a Maintenance Agreement is in place.
If an outage is confirmed (via a failed second ping), Digital Dynamo will notify the Customer’s designated contact within 15 minutes via email, phone, or pager. Customers may also contact our 24/7 Support Group directly via our Single Point of Contact phone number.
Customers can view public uptime and latency data via our website. For additional reporting or account-specific usage stats, separate agreements may be made to provide private dashboards.
If Digital Dynamo fails to meet the standard installation interval for a fully billed service (non-discounted), the Customer will receive 50% of the installation fee as credit, excluding local loop charges.
If an expedited install level is missed (e.g., Rush), the fee will be downgraded and credited to reflect the actual interval delivered (e.g., Standard). This guarantee applies only if:
If Digital Dynamo fails to provide connectivity to the Internet for more than 15 consecutive minutes, the Customer is eligible to receive one (1) day of pro-rated credit for all bandwidth-related charges. Maximum credit is seven (7) days in any calendar month.
Scheduled maintenance is not considered downtime.
If packet loss exceeds SLA thresholds or latency exceeds 120ms round-trip time between any two U.S.-based POPs:
i. If we fail to resolve the issue within the timeframes above:
Customer receives one (1) day of bandwidth credit for every 2 hours the issue persists — up to seven (7) days max per month
To receive credit, the Customer must notify Digital Dynamo within two (2) business days of becoming eligible. Failure to do so forfeits the right to credit.
Credits are not cumulative. The Customer may only receive one maximum credit per event and up to 7 days of credit per month. Credits apply only to paid services, not trial or complimentary periods.
If a Customer would qualify for 15 or more days of credit in one month (based on three or more qualifying events) or if a single qualifying outage lasts more than 8 hours, the Customer may terminate the affected service without penalty, by notifying Digital Dynamo within 5 days after the end of the calendar month. Termination will be effective 30 days after notice is received.
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