Service Level Agreement "SLA"

Last Updated: 05 April 2005

Uptime Guarantee
Cyber Logic Host™ strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by Cyber Logic Host™ monitoring systems or Cyber Logic Host™ authorized/contracted outside monitoring services. If Cyber Logic Host™ fails to meet its 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. Cyber Logic Host™ does not credit a full month's service for minor downtime. This would not be financially healthy for Cyber Logic Host™, and in turn would only negatively affect the service level Cyber Logic Host™ provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, Cyber Logic Host™ may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.

Exceptions
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Cyber Logic Host™ caused by or associated with:

• Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (i.e. fire, flood, earthquake, tornado, etc), 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 Service Agreement
• Telco Failure (i.e. Verizon™ cutting a fiber line somewhere)
• Backbone peering point issues (i.e. UUnet™ having a router go down in Virginia that wipes out internet service for the entire East Coast)
• Scheduled maintenance for hardware/software upgrades
• DNS issues not within the direct control of Cyber Logic Host™
• Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of Cyber Logic Host™ service(s) in breach of Cyber Logic Host™ Terms of Service (TOS), by Client or others authorized by Client.

Connectivity
Cyber Logic Host™ goal is to make its services available to Client free of outages for 99.9% of the time. An "outage” is defined as an instance in which Client is unable to transmit and receive IP packets due to a Cyber Logic Host™ service failure for more than 15 consecutive minutes, excluding service failures relating to Cyber Logic Host™ scheduled maintenance and upgrades. This does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. Cyber Logic Host™ goal is to keep Average Round-Trip Latency on the Cyber Logic Host™ to 85 milliseconds or less. Cyber Logic Host™ defines “Average Round-Trip Latency”, with respect to a given month, as the average time required for round-trip packet transfers between the Cyber Logic Host™ and major US backbone peering points during such month, as measured by Cyber Logic Host™.

Hardware Failure
Cyber Logic Host™ monitors all equipments on our network. Faulty hardware is rare, but cannot be predicted nor avoided. Cyber Logic Host™ utilizes only name brand hardware of the highest quality and performance. Cyber Logic Host™ will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site Cisco™ engineers or backbone provider emergency personnel to correct the problem.

Credits
Credit requests must be made through our Billing department

• Each request in connection with network/server outages/downtime must be received by Cyber Logic Host™ within five days of the occurrence.
• Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by Cyber Logic Host™ within five days after the end of such month.
• The total amount credited to a Client for Cyber Logic Host™ not meeting SLA service levels will not exceed the service fees paid by Client Cyber Logic Host™ for such services for the period in question.
• Each validly requested credit will be applied to a Client invoice within 30 days after Cyber Logic Host™ receipt of such request.
• Credits are exclusive of any applicable taxes charged to Client or collected.
• Upon Client's request (in accordance with the procedure set forth), Cyber Logic Host™ will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to Cyber Logic Host™ and confirmed by Cyber Logic Host™ measurement reporting.