Service Level Agreement

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Service Level Agreement

This Service Level Agreement (“SLA”) governs the following elements of the Services provided by Seller to Buyer:

1) Server Uptime 2) Network Availability 3) Support Response Time 4) Service Credits

This SLA does not apply to any feature of the Service not specifically identified in the SLA, or to any feature Seller identifies as "Beta." For the purposes of this Agreement, “Beta” will be defined as any part of the Service where access to a part of Service identified by Seller as still being tested for production use has been granted to the Buyer. If Seller chooses to provide support and SLA Credits for Beta features, this will be at the sole discretion of the Seller and Seller shall have the right invoke or revoke any support or SLA Credits at their discretion.

1. Server Uptime. All necessary elements required to provide Service will deliver 99.99% uptime on a monthly basis as monitored within the Seller network by Seller monitoring systems. Only failures due to known Seller problems in the hardware and hypervisor layers delivering individual servers constitute Failures and so only those Failures are covered by this SLA. Examples of Failures include power

interruptions, hardware problems such as failures to a hard drive or power supply, and failures to the hypervisor environment supporting Buyers Service(s). Problems related in any way to the actions of Buyer’s or any other Person not associated with Seller or any of its Affiliates, does not constitute a Failure and are not subject to any remedy defined herein.

2. Network Availability. All network equipment and devices will deliver 100% uptime for internal network performance as defined below in Section 2(b). In addition, Seller will deliver network performance meeting or exceeding the specifications listed in this section. All Jitter, Latency, and Packet Loss metrics outlined below are monthly averages, unless otherwise noted in this section.

a. Network Performance Definitions i. Jitter means variation in Latency.

ii. Latency refers to the amount of time it takes for a packet of data to travel from one point to another.

iii. Maximum Jitter is defined as the highest permissible level of jitter within a given period when there is no Network Outage.

iv. Network Outage is defined as an unscheduled period during which IP services are not useable due to capacity-constraints on the Seller network, or a hardware or software failure on the Seller network.

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b. Internal Network Performance. Seller servers reside within dedicated VLANs. Each Buyer account is provisioned with two VLANs, one that is publicly routed, and a second that is private (i.e. 10.* addresses). This SLA only guarantees the network performance between the network interfaces of Seller servers in the same Buyer account and on the same VLAN. Seller guarantees 100% uptime of the internal network that connects Seller virtual servers to one another. 100% uptime is defined as internal network performance that meets or exceeds the following criteria:

i. Packet loss < 0.1% ii. Latency < 5ms

iii. Jitter < 0.5ms within any 15 minute period

iv. Maximum Jitter: 10 milliseconds within any 15-minute period.

c. External Network Performance. At least two (2) of the specified networks in each continent will meet the performance specifications listed below at any given time, as measured and

determine solely by Seller. Seller may change the specific measured hardware devices from time to time without prior notice.

i. North American Network Performance 1. Packet loss to:

a. West Coast of North America < 0.2% b. East Coast of North America < 0.3% 2. Latency to:

a. West Coast of North America < 45ms b. East Coast of North America < 90ms 3. Jitter to:

a. West Coast of North America < 1.0ms b. East Coast of North America < 1.2ms

4. Maximum Jitter: 10 milliseconds during any 15-minute period.

5. Seller currently measures performance to the following North American networks: Level3, Above.net, UUNet, AT&T.

ii. South American Network Performance

1. Latency to South America < 220ms

3. Seller currently measures performance to the following South American networks:

a. Brazil: UOL, STI

b. Chile: Netline, Firstcom c. Argentina: UOL Sinectus, Sion

iii. European Network Performance

1. Latency to Europe < 175ms

3. Seller currently measures performance to the following European networks: a. France: Tiscali, France Telecom, Neuf Telecom

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c. Germany: Star 21 Networks, PJS net, T-Online

iv. Asian Network Performance

1. Latency to Asia < 170ms

3. Seller currently measures performance to the following Asian networks: a. Japan: Singtel, Tuka, IA Japan

b. Hong Kong: Uni Net, Linkage, HK Supernet

c. South Korea: Kornet, Moumnet, BoraNet / SuperNet

v. Australia Network Performance

1. Latency to Australia < 200ms

2. Maximum Jitter: 10 milliseconds during any period of 0.1% of a calendar month 3. Seller currently measures performance to the following Australian networks:

Optusnet, iiNet, Netspace, TPG, Adam Internet

vi. South Africa Network Performance

1. Latency to Souty Africa < 480ms

2. Maximum Jitter: 10 milliseconds during any period of 0.1% of a calendar month 3. Seller currently measures performance to the following South African networks:

a. South Africa: Coza, XSInet, Inloco b. Zimbabwe: Mweb, Utande, Telconet

3. Support Response Time. The Buyer is responsible for notifying Seller staff as soon as an issue arises. All time listed in the following table will be measured against the time of the initial report from the Buyer.

Level Description ICCS Response

Critical System access is unavailable to a system affecting multiple Buyers

Seller will respond within 30 minutes

High System access is unavailable to a system affecting multiple people at a single Buyer

Seller will respond within 2 hours

Normal Standard support ticket where issue is affecting a single Person at a single Buyer

Seller will respond within 1 business day

A tracking number will automatically be provided to Buyer promptly after opening of the ticket, and a human support engineer will review the support request within the timeframe listed above. Seller may reclassify any case misclassified as falling into one of the High or Critical categories listed above, and such case will not qualify for High or Critical treatment. Resolution and repair times vary, and this SLA does not address them.

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a. Credit Requirements. The following are required for credits:

i. Buyer must open a support request (a "Ticket") during the failure in question. Buyer will open all Tickets through one of the methods defined in this Agreement. In opening a Ticket, Buyer will provide complete information regarding the nature of the problem, including any information reasonably necessary for diagnosis and correction, by following the Ticket submission procedures. However, at Seller's sole discretion, any Seller representative may open a Ticket for Buyer, without use of the required Buyer methods, and Buyer will provide all information required in the preceding sentence to the support representative. Buyer will provide the information required even if Seller provides monitoring services.

ii. Buyer must provide Seller with accurate and complete designated points of contact. Buyer must provide Seller with accurate passwords for maintenance and repair for use by Seller, its Affiliates, and contractors. Delays or failures caused by Buyer's failure to abide by these requirements do not constitute failures.

iii. Buyer must request any credits by providing written notice Seller by one of the allowed notification methods provided in this Agreement with the Ticket number assigned when reporting the failure. The request for service credit must be received within fifteen (15) business days of the failure.

b. Credit Limitations

i. The minimum period of failure eligible for a credit is ten (10) minutes, and shorter periods will not be aggregated. The maximum credit for any single failure is one (1) month's Service Recurring Charges. In the event that multiple periods of failure overlap in time, credits will not be aggregated, and Buyer will receive credit only for the longest such period of failure. Seller is not required to issue multiple credits for a single incident; in the event that a single incident calls for credits pursuant to multiple Sections of this SLA, Seller may decide, in its sole discretion, which credits to award. The maximum credit during a single calendar year, for all Service features combined, is three (3) months' Service Recurring Charges, regardless of the length of failure or the number of occurrences. The period of FFailure for Server Uptime, Network Availability, and Support Services begins when Buyer opens a Ticket and ends when the failure is remedied. ii. In the event that credits for any calendar month exceed 25% of Seller's revenues for

such period, Seller may reduce and pro-rate the value of credits given to all Buyers for such period so that the aggregate credit given to all Buyers does not exceed 25% of revenues. As used in the previous sentence, "Seller's revenues" and "all Buyers" refer to revenues and Buyers from Services provided to Buyer from Seller accepted Service Orders under the Seller brand, and not to revenues or Buyers from any other business unit operating under another name or providing services other than or in addition to Services on an accepted Service Order. Seller may employ such accounting procedures as it chooses in calculating revenues, in its sole discretion, and nothing herein will be construed to require that Seller disclose non-public information about its finances to Buyer or to any Third Parties.

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iii. Credits available pursuant to this SLA apply only to future Service delivery. Seller is not required to provide refunds pursuant to this SLA. If Buyer retains a credit balance on termination of the account in question, such credit is forfeited. Notwithstanding the foregoing, credits will not be applied against fees for professional services, bundled support, or setup fees.

iv. Notwithstanding any provision to the contrary in this SLA, the following do not constitute Failures:

1. downtime during scheduled maintenance or Emergency Maintenance (as defined below) periods;

2. outages caused by acts or omissions of Buyer, including its applications,

equipment, or facilities, or by any use or user of the Service authorized by Buyer; 3. DNS issues outside of Seller's control;

4. outages resulting from Internet anomalies outside of Seller's control related to Buyer’s Internet service;

5. outages resulting from fires, explosions, or Force Majeure; 6. failures during a "beta" period.

"Emergency Maintenance" refers to any corrective action intended to remedy conditions likely to cause severe Service degradation, as designated by Seller in its sole discretion. Emergency Maintenance may include but is not limited to actions intended to address hardware or software failures or viruses/worms. Seller will exercise reasonable efforts to inform Buyer in advance before interrupting the Service for Emergency Maintenance, but such notice is not guaranteed and failure thereof does not constitute Failure.

c. Credit Amounts

i. The Service credits in the following table will be calculated using the failure remediation time according to the Ticket number provided by the Buyer when requesting a service credit.

Service Outage Service Credit

10 – 30 Minutes 5% of Recurring Charges 31 – 120 Minutes 10% of Recurring Charges

2 – 4 Hours 15% of Recurring Charges

1 – 2 Days 75% of Recurring Charges