SMARTNETT SLA GUARANTEE

In the event that our availability is lower than our guarantees, accounts will be eligible for SLA credits based on the hourly cost of the affected links, as described below:

Interruption period Approximate effective availability Credit amount

9 minutes 99.99% 12 hours

10 - 59 minutes 99.98% 24 hours

4 - 7 hours 99.85% 48 hours

12 hours 99.70% 120 hours

24 hours 99.50% 240 hours

+ 24 hours 99.00% 672 hours

Limitations:

The uptime guarantee ONLY applies to network availability during normal operation. The uptime guarantee does NOT apply to the uptime of the Customer-side software. Any interruption due to the Customer, operating systems, improper configurations, denial of service attack against its network equipment, suspension, or paused/stopped network for any reason, or any other event outside of the network or "host node delivered to our router" outage, for any reason and whether such interruption is caused by Us or not due to updates, troubleshooting, or performing any other task, is not subject to this uptime guarantee. The guarantee does NOT apply when a scheduled maintenance occurs with a minimum of twenty-four (24) hours notice or in the event that a critical patch/update must be applied as long as the interruption/packet loss does not exceed ten (10) minutes.