IP Transit Services - Colocation America

IP Transit Services

This Service Level Agreement (“SLA”) is issued in accordance with the Master Services
Agreement (the “Agreement”) between Colocation America and Customer. Any capitalized
terms not otherwise defined herein shall have the meanings ascribed to such terms in the Terms

and Conditions of the Agreement. This SLA sets forth the IP transit, peering and level 2 services

to be provided by Colocation America to Customer and the Service Levels in accordance with
which such services will be provided.

1. General

1.1. In this SLA, the following terms have the following meanings:

a) “Availability” means all the time in any calendar month less
Scheduled Downtime.
b) “Business Day” means every day excluding Saturdays and Sundays and
national holidays in the United States.
c) “CDR” (Committed Data Rate) means the data throughput rate selected by Customer
in the Signed Proposal and provided as part of Services.
d) “Force Majeur” means an act of nature (including fire, flood, earthquake, storm,
hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war
is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or
confiscation, terrorist activities, nationalization, government sanction, blockage, or embargo.
e) “Network” means the physical connection between the equipment provided by
Customer and either (i) the Internet or (ii) private networks maintained and operated by
Customer or Customer’s agents.
f) “Network Availability” means all the time in any calendar month less
Scheduled Downtime.
g) “Network Downtime” means any interruption of Network Availability, other than
interruptions due to:
1. The failure of a Third Party System or equipment that is not fully
owned and managed by Colocation America, including circuits or links between
Colocation America’s routing equipment and routing equipment owned and
maintained by other carriers;
2. Scheduled maintenance performed at Colocation America’s initiative;
3. Maintenance or Service interruptions requested by Customer;
4. Customer’s acts or failure to act in a timely and/or proper manner when
notified to do so by Colocation America (including, without limitation, Customer’s
failure to permit entry by Colocation America or make facilities or components
available to Colocation America for testing or repair; or otherwise to comply
with Colocation America’s instructions and service requirements); or
5. The transmission of data at a rate in excess of the CDR or the requested
burstable port the Customer is on.
h) “Signed Proposal” shall mean the proposal for Services executed by both
Colocation America and Customer.
i) “Services” shall have the meaning ascribed thereto in paragraph 2.1.
j) “Third Party System” means any telecommunication system that is neither owned
nor operated by or on behalf of Colocation America.

1.2. This SLA only applies to the Services to the extent that they are provided by means

of systems and equipment that are either owned or operated by or on behalf of Colocation
America.

1.3. Colocation America shall not be liable to pay compensation under this SLA where itsfailure to meet any of its obligations under this SLA is a caused by a Force Majeure event, by a failure in any Customer equipment, or by any act or omission of Customer, or third party acting on Customer’s behalf.

1.4. Credits and/or other compensation under this SLA shall only be payable where:

a) Customer is not currently, nor was at the time the Service Outage occurred,
in default of any of the terms and conditions of the Agreement and this SLA;
b) Customer has submitted to Colocation America a claim in writing via
support@Colocation America.com identifying the circumstances in which Customer
claims that the credit and/or compensation arose; and
c) Colocation America has agreed in writing, acting reasonably and without undue
delay, to issue such credit and/or other compensation in connection with such claim.
All credits and/or other compensation so payable shall be applied to Customer’s account to be
reconciled following Colocation America’s agreement to issue such credit and/or other
compensation in connection with such claim. In order to receive credits, Customer must submit
a trouble ticket within 48 hours of the Service Outage. All claims for credits and/or
compensation must be submitted promptly, and in any event within 7 days from the date of the
Service Outage. Claims should be submitted to support@Colocation America.com and marked
in the subject line with “claim for services credit.” Customer’s failure to notify Colocation
America within the period stated above shall result in Customer’s waiver of its right to receive
any such credit and/or other compensation.

1.5. The maximum monthly credit and/or compensation available under this SLA is limited to an amount not greater than one month’s fees. Credit and/or other compensation provided hereunder shall be Customer’s sole and exclusive remedy for any Service Outage or any failure to meet the Deliverables.

1.6. Colocation America reserves the right to amend the SLA from time to time. Colocation America shall give Customer not less than one (1) month’s notice of any changes in the SLA and Customer will be notified by e-mail. Upon receipt of such notice, Customer shall have the right, for a period of 30 days thereafter, to terminate this SLA if Customer disagrees with such amendment.

2. Provision of Services

2.1. Colocation America will provide Customer with one or more of the following for the six-month, one-year, two-year or month-to-month term set forth in the Signed Proposal: wholesale Internet bandwidth (IP transit services); voluntary interconnection of administratively separate Internet networks for the purpose of exchanging traffic between such networks (peering services); and/or private links that enable point to point transfer of raw data (layer 2 services) (collectively “Services”) in accordance with the terms and conditions contained herein.

2.2. Colocation America will provide Services by the service commencement date set out in the Signed Proposal. If Colocation America is unable to commence providing Services by the service commencement date, at Customer’s request Colocation America will credit Customer’s account in the amount of 50% of the setup fee (non-recurring charge) set out in the Signed Proposal.

2.3. For each additional business day from the service commencement date that Colocation America is unable to commence providing Services, at Customer’s request Colocation America will credit Customer’s account in the amount of an additional 5% of the setup fee, up to a maximum of 100% of the setup fee.

2.4. Colocation America shall charge, and Customer shall be obligated to pay, the fees for the Services set forth on the Signed Proposal.

3. Service Levels for Network Availability

3.1. Colocation America guarantees an overall Network Availability of 99.99%.

3.2. If Customer requests a credit for Network Downtime, and such request is validated by Colocation America, Colocation America shall credit Customer in accordance with the provisions hereunder:

a) If in one calendar month a Customer experiences Network Downtime that is not
the result of a Third Party System, faulty equipment within the Customer’s cabinet or
cage or any form of negligence on the Customer’s part, at Customer’s request Customer
will receive a credit towards the invoice which Customer receives two months following
the month in which Network Downtime was reported. For the purpose of determining
the amount of any credit, Network Downtime will be deemed to commence when the
Network outage is reported on Colocation America’s monitoring system. An alert system
notifies Colocation America support staff immediately when any Network Downtime is
reported on the monitoring system and a trouble ticket will be opened within 5 minutes
of Colocation America’s discovery of Network Downtime if it has not yet been reported
by Customer.

3.3. If there is any Network Downtime in the aggregate in any calendar month that exceeds our Network Availability commit rate in 3.1., Customer shall be entitled to a credit of 100% of that month’s invoice for the portion of the invoice that corresponds to the CDR.

3.4. If there is any Network Downtime in the aggregate in any calendar month that exceeds our Network Availability commit rate in 3.1., Customer may give written notice of Customer’s intent to terminate this SLA and any connections or other Services, which termination will take effect after 30 days.

4. Packet Loss Rate

4.1. The rate of packet loss on all links across the Network will be less than 0.1% (one packet in one thousand) (the “Permissible Packet Loss Rate”).

4.2. At the end of each month Colocation America will calculate the average packet loss of the Network during that month, as measured by the packet loss between each pair of access routers in the Network averaged over all such pairs. In no case will tests performed by Customers be recognized by Colocation America as valid, measurable criteria for determining whether the rate of packet loss exceeded the Permissible Packet Loss Rate.

4.3. Packet loss within the Network caused by congestion of Customer’s access link or by traffic demand in excess of Customer‘s committed CDR will not give rise to any compensation payments and/or credits.

4.4. If the rate of packet loss exceeds the Permissible Packet Loss Rate but is less than 0.2% in any month, at Customer’s request Colocation America will credit Customer’s account in the amount of the pro rated fee for the provision of one day of Transit Services.

4.5. If the rate of packet loss exceeds 0.2% but is less than 0.5% in any month, at Customer’s request Colocation America will credit Customer’s account in the amount of the pro rated fee for the provision of five days of Transit Services.

4.6. If the rate of packet loss exceeds 0.5%, at Customer’s request Colocation America will credit Customer’s account in the amount of the pro rated fee for one months worth of Transit Services.

5. Latency

5.1. The latency on all links within Colocation America’s Network will be less than 10milliseconds within California, less than 35 milliseconds between California and Chicago, and less than 60 milliseconds between California and Ashburn, VA.

5.2. Latency within the Network caused by congestion of Customer’s access link or by traffic demand in excess of Customer‘s committed CDR will not give rise to any compensation payments and/or credits.

5.3. If latency exceeds those figures outlined in 5.1. within any month for a period of over 1 hour but is less than 2 hours, and Colocation America confirms such latency statistics, upon Customer’s request Colocation America will credit Customer’s account in the amount of the pro rated fee for the provision of one day of Transit Services.

5.4. If latency exceeds those figures outlined in 5.1. within any month for a period of over 2 hours but is less than 5 hours, and Colocation America confirms such latency statistics, upon Customer’s request Colocation America will credit Customer’s account in the amount of the pro rated fee for the provision of five days of Transit Services.

5.5. If latency exceeds those figures outlined in 5.1. within any month for a period of over 5hours, and Colocation America confirms such latency statistics, upon Customer’s request Colocation America will credit Customer’s account in the amount of the pro rated fee for one months worth of Transit Services.

6. Faults / Response Time Agreements

6.1. Colocation America shall monitor the connection to the Internet 24 hours a day, 365 days per year. Customer can contact Colocation America 24x7 via e-mail at Support@ColocationAmerica.com or via telephone at 1-800-296-8915 extension 2. A member of the technical support team will contact Customer within 15 minutes providing the identity of the person assigned to resolve the ticket and any status information that has been gathered. Emergency tickets, such as packet loss and routing issues take priority over all other network related tickets and are escalated for immediate resolution. Due to the variety of causes for packet loss and routing issues, resolution and repair times can and will vary.

6.2. Customer’s circuit will be monitored 24x7 by an automated system, which will notify Colocation America’s technical team of any irregularities. Customer is solely responsible for providing Colocation America with accurate and current contact information for Customer's designated points of contact.

7. Network Maintenance

7.1. Colocation America may suspend Services to carry out periodic maintenance or upgrade work on the Network (“Scheduled Downtime”).

7.2. Except in the case of an emergency Colocation America will provide Customer with one week’s notice of any suspension of Services other than pre-determined Scheduled Downtime. If Colocation America fails to provide the appropriate notice, at Customer’s request, Customer will be entitled to a credit to Customer’s account in the amount of the pro rated fee for the provision of one day of Services.

7.3. Colocation America will endeavor not to suspend the Services for planned maintenance or upgrade work more than 12 times in any calendar year and at Customer’s request, Customer will receive a credit to Customer’s account in the amount of the pro rated fee for the provision of one day of Services for each additional service suspension for such work. Colocation America will endeavor to ensure that interruption of service does not exceed a total of 12 hours in any calendar year and at Customer’s request, Customer will receive a credit to Customer’s account in the amount of the pro rated fee for the provision of one day of Services for each additional hour of service suspension for such work.

7.4. The standard for the Colocation America maintenance window for planned outages is between 10:00 p.m. and 1:00 a.m., local time for the node location in question. Colocation America will endeavor to accommodate Customer’s requirements in terms of outage times, however, depending on the circumstances this may not always be possible. Outage times will be quoted in Pacific Time to prevent mistakes being made over the various time zones.

8. Reporting

8.1. Colocation America will provide Customer with near real-time performance and status reports regarding Availability, transmission volume and utilization of Customer’s ports, and Network performance and status via MRTG graphs.