Service Level Agreement

The Services shall be available 99.9%, measured monthly, excluding holidays and weekends and scheduled maintenance. If the Service is available, but Customer requests maintenance during the available hours, any uptime or downtime calculation will exclude periods of such maintenance. Further, any downtime resulting from outages of third-party connections or utilities or other reasons beyond Company’s control will also be excluded from any such calculation. Customer’s sole and exclusive remedy, and Company’s entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than one hour, Company will credit Customer 5% of actual Service fees paid to Company during the period for each period of 60 or more consecutive minutes of downtime, provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as Customer (with notice to Company) recognizes that downtime is taking place and continues until the availability of the Services is restored. In order to receive downtime credit, Customer must notify Company in writing within 24 hours from the time recognizes that downtime is taking place, and failure to provide such notice will forfeit the right to receive credit for the that downtime. Downtime credits shall not be cumulative beyond a total of credits for one (1) week of Service Fees in any one (1) calendar month in any event. Company will apply any downtime credit to the next month following the month in which the incident occurred. Downtime credits are not redeemable for cash or other payment from Company. Company’s blocking of data communications or other Services in accordance with its policies shall not be deemed or counted as downtime or a failure of Company to provide adequate service levels under this Agreement.