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THE FOUR STEP METHOD OF CLOUD SERVICE LEVEL AGREEMENTS

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(1)

Were he living today, Benjamin

Franklin might say, “Nothing is

certain, except death, taxes, and

computer crashes”. Despite some

claims, all cloud computing services

will be subject to outages. No system,

however large, nor process, however

elaborate, nor support, however

fanatical, can prevent computers

from occasionally going down. The

important point to keep in mind is

the word “occasionally”. Occasional

outages should be expected,

planned for, and accepted as cost of

doing business. What determines the

definition of an occasional outage is

a negotiated agreement between

two parties called a service level

agreement (or SLA).

SLAs really offer three things: a setting of expecta-tions, a small measure of financial compensation in the event of more than occasional outages, and a means of comparing two similarly priced services. Customers of cloud computing should recall that SLAs have their origins in the telephone company efforts to manage their risk. Like the airlines’ lost luggage policies, an SLA limits the service provider’s liability to a percentage of the service fee no matter how large the loss to the customer. So matter how carefully crafted an SLA, it’s just a piece of paper and cannot prevent an outage from occurring. Customers of cloud computing should also keep in mind that no matter how small or large the compensation, it will still be more than they will get from an internal organization under similar circumstances. So while SLAs are important, they should not provide a false sense of security.

THE FOUR STEP METHOD

OF CLOUD SERVICE

LEVEL AGREEMENTS

(2)

In order to not to devote more time to an SLA than it is worth, we have developed a four step method for dealing with them in a straightforward, business-like manner. The four steps are to define, negotiate, measure, and report.

In this article we will demonstrate the definition step by examining the public cloud SLAs of Amazon EC2 from an industry insider’s perspective. In later articles we will examine the best practices of SLA negotiation, measurement, and reporting.

TO

DEFINE

the SLA means answering basic

questions about uptime, maintenance

windows, recovery options, reliability,

resilience and determining basic

thresholds;

TO

NEGOTIATE

the SLA means agreeing

to compensation and penalties when

the basic definitions are not met, all the

while keeping in mind the cost involved

in achieving higher levels of performance

and

uptime;

TO

MEASURE

the SLA means establishing

concrete measurements to monitor

performance.

TO

REPORT

is the process of sharing

measurements, comparing them with

expected results, settling accounts, and

redefining and renegotiating if necessary.

(3)

AMAZON EC2 SERVICE

LEVEL AGREEMENT

Effective Date: October 23, 2008

This Amazon EC2 Service Level Agreement (“SLA”) is a policy governing the use of the Amazon Elastic Compute Cloud (“Amazon EC2”) under the terms of the Amazon Web Services Customer Agreement (the “AWS Agreement”) between Amazon Web Services, LLC (“AWS”, “us” or “we”) and users of AWS’ services (“you”). This SLA applies separately to each account using Amazon EC2. Unless otherwise provided herein, this SLA is subject to the terms of the AWS Agreement and capitalized terms will have the meaning speci-fied in the AWS Agreement. We reserve the right to change the terms of this SLA in accordance with the AWS Agreement.

SERVICE COMMITMENT

AWS will use commercially reasonable efforts to make Amazon EC2 available with an Annual Uptime Per-centage (defined below) of at least 99.95% during the Service Year. In the event Amazon EC2 does not meet the Annual Uptime Percentage commitment, you will be eligible to receive a Service Credit as described

below.

DEFINITIONS

“Service Year” is the preceding 365 days from the date of an SLA claim.

“Annual Uptime Per-centage” is calculated by subtracting from 100% the percentage of 5 minute pe-riods during the Service Year in which Amazon EC2 was in the state of “Region Unavail-able.” If you have been using Amazon EC2 for less than 365 days, your Service Year is still the preceding 365 days but any days prior to your use of the service will be deemed to have had 100% Region Avail-ability. Any downtime occur-ring prior to a successful Ser-vice Credit claim cannot be used for future claims. Annual

Outages

are not

cumulative.

Once

a claim

has been

resolved

the clock

starts ticking

again...

Although

99.95% up time

is impressinve it

still represents

4 hours and 38

minutes of down

time in year or 22

mintues a month

and is below the

industry standard

for private clouds.

For comparison

purposes it is

standard in the

business to convert

the percentages

to minutes and

compare on a

monthly basis

the typical billing

cycle.

An outage

is only an

outage if

it lasts for

more the

five minutes.

(4)

Uptime Percentage measurements exclude downtime re-sulting directly or indirectly from any Amazon EC2 SLA Exclu-sion (defined below).

“Region Unavailable” and “Region Unavailability” means that more than one Availability Zone in which you are running an instance, within the same Region, is “Unavail-able” to you.

“Unavailable” means that all of your running in-stances have no external connectivity during a five minute period and you are unable to launch replacement instanc-es.

The “Eligible Credit Period” is a single month, and re-fers to the monthly billing cycle in which the most recent Re-gion Unavailable event included in the SLA claim occurred. A “Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible Am-azon EC2 account.

SERVICE COMMITMENTS AND

SERVICE

CREDITS

If the Annual Uptime Percentage for a customer drops be-low 99.95% for the Service Year, that customer is eligible to receive a Service Credit equal to 10% of their bill (exclud-ing one-time payments made for Reserved Instances) for the Eligible Credit Period. To file a claim, a customer does not have to have wait 365 days from the day they started using the service or 365 days from their last successful claim. A cus-tomer can file a claim any

time their Annual Uptime Percentage over the trail-ing 365 days drops below 99.95%.

We will apply any Service Credits only against future Amazon EC2 payments otherwise due from you; provided that, we may is-sue the Service Credit to the credit card that you used to pay for Amazon EC2 for the billing cycle in which the error occurred. Service Credits shall not entitle you to any refund or other payment from AWS. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the AWS Agreement, your sole and exclusive remedy for any unavailability or non-performance of Amazon EC2 or other fail-ure by us to provide Amazon EC2 is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA or termination of your use of Amazon EC2.

Typically

most SLAs

provide that

a certain

number of

outages

result in the

termination

of the

agreement

with no

future

obligation to

the client.

If you file a

claim, then

you get

more service

credits

back. Most

private cloud

agreements

provide for

cash to be

returned.

This is within

the range

of industry

standard

compensation

although

some SLA’s

go as high at

25%.

(5)

CREDIT REQUEST AND PAYMENT PROCEDURES

To receive a Service Credit, you must submit a request by sending an e-mail message to aws-sla-request @ amazon.com. To be eligible, the credit request must (i) include your ac-count number in the subject of the e-mail message (the acac-count number can be found at the top of the AWS Account Activity page); (ii) include, in the body of the e-mail, the dates and times of each incident of Region Unavailable that you claim to have experienced in-cluding instance ids of the instances that were running and affected during the time of each incident; (iii) include your server request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks); and (iv) be received by us within thirty (30) business days of the last reported incident in the SLA claim. If the Annual Uptime Percentage of such request is confirmed by us and is less than 99.95% for the Service Year, then we will issue the Service Credit to you within one billing cycle following the month in which the request occurred. Your failure to provide the request and other information as

required above will disqualify you from receiving a Service Credit.

AMAZON EC2 SLA EXCLUSIONS

The Service Commitment does not apply to any unavailabil-ity, suspension or termination of Amazon EC2, or any other Amazon EC2 performance issues: (i) that result from Service Suspensions described in Section 7.1 of the AWS Agreement; (ii) caused by factors outside of our reasonable control, in-cluding any force majeure event or Internet access or related problems beyond the demarcation point of Amazon EC2; (iii) that result from any actions or inactions of you or any third

par-ty; (iv) that result from your equip-ment, software or other tech-nology and/or third party equip-ment, software or other technol-ogy (other than third party equip-ment within our direct control); (v) that result

from failures of individual instances not attribut-able to Region Unavailability; or (vi) arising from our suspension and termination of your right to use Amazon EC2 in accordance with the AWS Agreement (collectively, the “Amazon EC2 SLA Exclusions”). If availability is impacted by factors other than those explicitly listed in this agree-ment, we may issue a Service Credit consider-ing such factors in our sole discretion.

This is a catch

all clause

that could be

a source of

dispute about

the cause of

outage unless

the causes

are carefully

documented.

The key to

this clause is

measurement

and being

able to

demonstrate

your outage

was caused

by Amazon

and not by

your own

equipment.

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