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Internet Service Level Agreement (SLA)

1. Application of CIMCO Backbone (SLA)

   CIMCO is providing this Service Level Agreement ((SLA)) to our Customers with certain rights and remedies regarding the performance of CIMCO's backbone (as defined below). This (SLA) applies only to Customers receiving the following services from CIMCO: Fractional (512k), T1, Fractional T3, T3services, and/or (ii), unless otherwise specified for a Customer.

   Definitions

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

   • "Backbone" means owned and operated Internet Protocol (IP) routing infrastructure consisting solely of selected points of presence at which measurement devices have been installed ("Selected POPs") (i) within the United States and the connections between them in the forty-eight continental United States (the "North American Network").
   • "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.
   • "Latency" means the average time required for round-trip packet transfers between Selected POPs on the selected portions of the Backbone during a calendar month, as measured by CIMCO.
   • "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 CIMCO.
   • "Base Fee" consists solely of the base monthly fee paid by Customer for the affected CIMCO 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, incremental bandwidth usage, extra IP addresses, beyond that which is available without additional charge under CIMCO's standard rates, hourly support charges, and other types of optional additional services.

2. Summary of (SLA)

   As described in more detail below, this CIMCO Backbone (SLA) provides commitments based upon goals in three key areas:

   • The CIMCO Backbone available to Customer free of Network Outages 100% of the time.
   • Latency of the Backbone of:
     1. 60 milliseconds or less for the North American Network
     2. 90 milliseconds or less for the Trans-Atlantic Network
     3. 130 milliseconds or less for the Trans-Pacific Network
   • Packet Loss of the Backbone of 0.3% or less.

3. Backbone Availability

   CIMCO's goal is to make the Backbone available to Customer free of Network Outages 100% of the time. Subject to Sections 6 and 7 below, upon Customer's request, CIMCO 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 (or portion thereof rounded to the next hour) of the cumulative duration of such Network Outages during a particular month.

4. Backbone Latency

   CIMCO's goal is to keep Latency on the Backbone to

   1. 60 milliseconds or less for the North American Network
   2. 90 milliseconds or less for the Trans-Atlantic Network
   3. 130 milliseconds or less for the Trans-Pacific Network

   Subject to Sections 6 and 7 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, CIMCO 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.

5. Backbone Packet Loss

   CIMCO's goal is to keep Packet Loss on the Backbone to 0.3% or less. If Packet Loss on the Backbone exceeds 0.3% during a calendar month, CIMCO 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 (SLA) relating to Packet Loss will take effect the first full calendar month after Customer's first use of the Backbone.

6. Measurement

   CIMCO 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 Selected 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. CIMCO reserves the right to periodically change the measurement points and methodologies it uses without notice to Customer.

   Exceptions

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

   1. Circumstances beyond CIMCO'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 Backbone (SLA)
   2. Failure of access circuits to the Backbone, unless such failure is caused solely by CIMCO
   3. Scheduled maintenance and emergency maintenance and upgrades
   4. DNS issues outside the direct control of CIMCO
   5. False (SLA) breaches reported as a result of outages or errors of any CIMCO measurement system
   6. 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 CIMCO services in breach of CIMCO's Terms and Conditions of Service or CIMCO's Acceptable Use Policy.

7. Credit Request and Payment Procedures

   In order to receive a credit, Customer must provide a written request. Each request in connection with a Network Outage must be received by CIMCO within seven days of the Network Outage and must be confirmed by CIMCO's measurements of the Backbone. CIMCO 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 valid credit will be applied to an invoice of Customer within two billing cycles after CIMCO's receipt of Customer's request therefore. Credits are exclusive of any applicable taxes charged to Customer or collected by CIMCO.

   Notwithstanding anything in this Backbone (SLA) to the contrary, the total amount credited to a Customer in connection with Network Outages, Latency and Packet Loss in any calendar month will not exceed the Base Fee paid by Customer for such month