Service Level Agreement (SLA) Service Level Agreement

1) Application of SLA

This (Host) Service Level Agreements (SLA) is governed by the customer service agreement or master service agreement (each, an “Agreement”). Maintenance of the local circuit (local loop) shall be the responsibility of the local carrier, however; will provide the following SLA with certain rights and remedies regarding the performance of the Backbone and or Datacenter (as defined below) to customers with term commitments of one or more years. This SLA applies only to customers receiving any of the following services from Point-to-Point services, Frame Relay (all access speeds), OCx, Metro Ethernet, On-Net, IBE, Datacenter/Colocation or Virtualization services.

Notwithstanding the foregoing, the SLA does not apply to customers for services such as, Web & Email hosting, xDSL, ISDN or Dial-up access services.

2) Definitions

For purposes of this SLA, the following terms have the meanings set forth below:

“ Datacenter” means a colocation facility operated by where is in full control of its physical infrastructure, power, cooling and security.

“Critical Infrastructure” consists of the functionality of all HVAC and power infrastructure including the Generator, UPSs, PDU and cabling.” Backbone” means owned and operated Internet Protocol (IP) routing infrastructure consisting solely of selected points of presence (POP) at which has installed measurement devices (“Selected POPs”) (i) within the United States and the connections between them in the forty-eight continental United States (the “North American Network”), (ii) within Europe and the United States and the Trans-Atlantic connections between such Selected POPs (the “Trans-Atlantic Network”) and (iii) within Asia and the United States and the Trans-Pacific connections between such Selected POPs (the “Trans-Pacific Network”).

“Local Loop” is a leased circuit provided by a third party, which uses to connect a customer to the nearest POP. The local loop is provided by local Telco provider within the customer area. will extend the Local Carriers local loop SLA’s. Local Carrier SLA’s may be furnished to customer upon request.

“On-Net” means facilities/buildings that are directly connected to the Network and does not require a third-party local loop.

“IBE” means facilities/buildings that are connected to the Network through a third-party connection.

“Scheduled Maintenance” refers to any upgrades or modifications to the Backbone (or portion thereof) or any Datacenter. Scheduled maintenances may temporarily degrade the quality of service or include short interruptions of service. will attempt to ensure that any interruption of service is kept to a minimum and performed between the hours of 12:00am & 5:00am (local time of the POP to which Customer is connected). Except in the case of an emergency, will attempt to provide the Customer with at least five (5) Days notice of any maintenance of service. may undertake Emergency Network Maintenance at any time deemed necessary.

“Network Outage” means an instance in which no traffic can pass in or out of the Selected POP through which Customer connects to the Backbone for more than 15 consecutive minutes. Network Outage will not include Scheduled Maintenances, or any unavailability resulting from a) problems with Customer’s applications, equipment or facilities; (b) negligence of Customer; (c) unavailability caused by companies other than, except local circuits where the local carriers SLA will be extended; or (d) Acts of God.

“Latency” means the average time required for round-trip packet transfers between Selected Point-Of-Presence (POP) is on the selected portions of the Backbone during a calendar month, as measured by

“Packet Loss” means the average percentage of IP packets transmitted between Selected POPs during a calendar month that are not successfully delivered, as measured by

“Critical Infrastructure Unavailability” means an instance in which power is not available in accordance with this paragraph at the Customer’s Datacenter colocation space to the primary outlet and redundant outlet at the same time. In order to achieve maximum power availability customer must have A and B power in the Colocation space and have equipment capable of utilizing dual power sources and be configured to use both A and B power sources. Critical Infrastructure Unavailability will not include Scheduled Maintenances or unavailability resulting from any Customer circuits, applications or equipment.

“Base Fee” consists solely of the base monthly fee paid by Customer for the affected service and excludes all other fees which might be charged to Customer, including, by way of example and not limitation, set-up fees, fees for local loop, space rental fees, charges for additional services such as managed services, incremental bandwidth usage, electricity, extra IP addresses, RAM, or hard drives beyond that which is available without additional charge under’s standard rates, hourly support charges, and other types of optional additional services.

3) Summary of SLA

As described in more detail below, the SLA provides commitments based upon goals in four key areas:The Backbone available to Customer free of Network Outages 99.999% of the time.Latency of the Backbone of (i) 110 milliseconds or less for North America, (ii) 145 milliseconds or less for Trans-Atlantic and (iii) 170 milliseconds or less for Trans-Pacific.Packet Loss of the Backbone of 0.1% or Datacenter Critical Infrastructure available 99.999% of the time.

4) Backbone Availability’s goal is to make the Backbone available to Customers free of Network Outages 99.999% of the time.

Subject to Sections 8, 9 and 11 below, upon Customer’s request, will issue a credit to Customer for Network Outages in an amount equal to one day’s worth of the Base Fee paid by Customer, multiplied by each hour of the cumulative duration of such Network Outages during a particular month.

5) Backbone Latency’s goal is to keep Latency on the Backbone to (i) 110 milliseconds or less for North America, (ii) 145 milliseconds or less for Trans-Atlantic Network and (iii) 170 milliseconds or less for Trans-Pacific.

Subject to Sections 8, 9 and 11 below, if Latency on the North American Network, the Trans-Atlantic Network or the Trans-Pacific Network, as applicable, for a calendar month exceeds the time frame set forth above for the applicable portion of the Backbone, will issue a credit to Customer equal to one day’s worth of the Base Fee paid by Customer for such month.

The terms of this Backbone SLA related to Latency will take effect the first full calendar month after Customer’s first use of the Backbone.

6) Backbone Packet Loss’s goal is to keep Packet Loss on the Backbone to 0.1% or less.

Subject to Sections 8, 9 and 11 below, if Packet Loss on the Backbone exceeds 0.1% during a calendar month, will issue a credit to Customer equal to one day’s worth of the Base Fee paid by Customer for such month.

The terms of this Backbone SLA relating to Packet Loss will take effect the first full calendar month after Customer’s first use of the Backbone.

7) Datacenter Critical Infrastructure Availability’s goal is to provide 99.999% availability of Critical Infrastructure, including:Power – will provide power with voltage fluctuations within +/- 10%HVAC — will maintain a temperature between 67 and 78 degrees Fahrenheit with a 30 to 60 percent relative humidity within the Datacenter as measured at the return air intake of the Datacenter Air Conditioning (CRAC) units.

Subject to Sections 9 and 11 below, upon Customer’s request, in the event of any Critical Infrastructure Unavailability, will issue a credit to Customer in an amount equal to one day’s worth of the Base Fee paid by Customer, multiplied by each hour of the cumulative duration of such unavailability during a particular month.

The terms of this SLA relating to Critical Infrastructure Availability will take effect the first full calendar month after Customer’s first use of the Datacenter.

8) Measurement will periodically (on average every 15 minutes) measure the Backbone at selected POPs using software and hardware components capable of measuring traffic and responses at such POPs. Customer acknowledges that not every POP may be covered by such measurements, that such measurements may not measure the exact path traversed by Customer’s packets, and that such measurements constitute measurements across the Backbone but not other networks to which Customer may connect. reserves the right to periodically change the measurement points and methodologies it uses without notice to Customer.

9) Exceptions

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

Circumstances beyond’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, 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 SLA; failure of access circuits to the Backbone, unless such failure is caused solely by; scheduled maintenance and emergency maintenance and upgrades; DNS issues outside the direct control of; false SLA breaches reported as a result of outages or errors of any measurement system; or Customer’s acts or omissions (or act or omissions of others engaged or authorized by Customer), including without limitation, any negligence, willful misconduct, or use of the Backbone or services in breach of’s Terms and Conditions of Service or’s Acceptable Use Policy.

10) Minimum Time To Repair

Upon official notification, is committed not to exceed two (2) hours repair time for service problems. If is unable to correct the outage after two (2) hours, Customer will be eligible for a credit.

11) Credit Request and Payment Procedures

Credit will be granted upon customer request only. Credit requests must be provided to in writing. Verbal requests will not be honored. Each request in connection with a Network Outage must be received by within seven days of the Network Outage and must be confirmed by’s measurements of the Backbone. must receive each request in connection with Latency or Packet Loss in a calendar month within seven days after the end of such month. Each request related to Critical Infrastructure Unavailability must be received by within seven days of the incident.

Each valid credit will be applied to Customer’s invoice within two billing cycles after’s receipt of Customer’s request. Credits are exclusive of any applicable taxes charged to Customer or collected by

Notwithstanding anything in this SLA to the contrary, the total amount credited to a Customer in connection with Network Outage, Critical Infrastructure Unavailability, Latency and Packet Loss in any calendar month will not exceed the Base Fee paid by Customer for such month. shall have no liability whatsoever to Customer or any third party for any failure to meet the service levels set forth in this SLA unless this SLA expressly provides that Customer shall be entitled to receive a credit as a result of such failure, and then only to the extent of such credit. Without limiting the foregoing, the failure of to meet any service levels contained herein shall not be grounds for the cancellation of the related Service Order or termination of the related Agreement.

12) PCI DSS Compliance

Host takes commercially reasonable efforts to comply with the Payment Card Industry Data Security Standard (“PCI DSS”) requirements applicable to the services it provides to its Customers. Host acknowledges that it is responsible for the security of cardholder data that Host possesses or otherwise stores, processes, or transmits on behalf of a Customer, or to the extent that Host could impact the security of Customer’s cardholder data environment; but, only to the extent that any security breach or failure to maintain the applicable PCI DSS requirements results from Host’s acts or omissions. Any security breach or disclosure of cardholder data resulting from any other event, including, without limitation, Customer’s own negligence, act or omission, or any event described in Section 13 herein (as applicable), shall be the responsibility of the Customer.