SERVICE LEVEL AGREEMENT FOR DATA SERVICES

1. Scope. This Service Level Agreement (“SLA”) is Schedule B to the Master Services Agreement between Customer and S-NET and provides Customers subscribing to the “S-NET Data Network” with certain rights and remedies regarding the performance of the S-NET Data Network. The S-NET Data Network is defined as the S-NET owned or leased and operated Data Protocol (IP) routing infrastructure consisting of Network to Network interfaces and selected S-NET points of presence (“POPs”) and the connections between them in the United States. The S-NET Data Network does not include (1) Customer premise equipment or Customer-owned Hardware; (ii) any local loop or access facilities connecting Customer’s premises to the S-NET POP; (iii) any connections between The S-NET Data Network and other data service providers, or (iv) other data service provider networks. The terms of this SLA will take effect on the first full calendar month after Customer’s first use of the S-NET Data Network. This SLA is hereby added as an addendum to the Master Services Agreement (the “MSA”) between Customer and S-NET. Undefined terms shall have the meaning provided in the MSA.
2. SLA Parameters.
   1. Network Availability Target Performance and Remedy
      1. S-NET targets to have its Data Network available to Customer free of Network Outages 99.999% of the time. A “Network Outage” is an instance in which Customer is unable to transmit and receive IP packets due to an S-NET Data Network outage for more than thirty (30) consecutive minutes.
      2. Customer shall be eligible for a credit for Network Outages (a “Service Level Credit”) occurring during any calendar month that are reported by Customer to S-NET (per the procedures set forth in this SLA) and confirmed by S-NET’s measurements of the S-NET Network. For calculating Service Level Credit allowances, every month is considered to have thirty (30) days. A Service Level Credit allowance is applied on a pro rata basis against the IP monthly recurring charges (“MRCs”) for the affected service and is dependent upon the length of the Network Outage, which is measured from the time the S-NET receives notice from the Customer of actual circuit unavailability (established by a Trouble Ticket) until restoration of the affected circuit by S-NET. Only those Services dependent on the interrupted portion of the circuit will receive a credit.
   2. Latency Target Performance and Remedy
      1. The S-NET Data Network Average Round-Trip Latency is targeted to be fifty (50) milliseconds or less. “Average Round-Trip Latency,” with respect to a given month, means the average time required for round-trip packet transfers between POPs on the S-NET Data Network during such month, as measured by S-NET.
      2. If Average Round-Trip Latency on the S-NET Data Network for a calendar month exceeds 50 milliseconds, then upon Customer’s request (in accordance with the procedure set forth in this SLA), S-NET will issue a Service Level Credit to Customer equal to one day’s worth of the base IP MRC billed to Customer for such month. In order to qualify for the Service Level Credit, Customer is responsible for reporting any suspected latency problems to S-NET within twenty-four hours from the time Customer becomes aware of the problem through the opening of a Trouble Ticket.
   3. Packet Delivery Target Performance and Remedy
      1. The S-NET Data Network Average Packet Delivery target shall be 99.9% or greater. “Average Packet Delivery,” with respect to a given month, means the average percentage of IP packets transmitted on the S-NET Network during such month that are successfully delivered, as measured by S-NET.
      2. If Average Packet Delivery falls below 99.9% during a calendar month, then upon Customer’s request (in accordance with the procedure set forth in this SLA) S-NET will issue a Service Level Credit equal to one day’s worth of the base IP access fee billed to Customer for such month. In order to qualify for the Service Level Credit, Customer is responsible for reporting any packet delivery problems to S-NET within twenty-four hours from the time Customer becomes aware of the problem through the opening of a Trouble Ticket.