1. Packet Loss and Latency.

Tektility, Inc. does not proactively monitor the packet loss or transmission latency of specific Customers. Tektility, Inc. does, however, proactively monitor the aggregate packet loss and transmission latency within its LAN and WAN. After discovering or being notified by Customer of packet loss in excess of one percent (1%) ("Excess Packet Loss") or transmission latency in excess of 120 milliseconds round- trip time based on Tektility, Inc.'s measurements ("Latency") between any two routers within the continental United States portion of the network, Tektility, Inc. will use commercially reasonable efforts to determine the source of such Excess Packet Loss or Latency and to correct such Excess Packet Loss or Latency to the extent that the source of the Excess Packet Loss or Latency is due to the performance of the Tektility, Inc. network.



2. Remedy for Failure.

If Tektility, Inc. discovers, or Customer notifies Tektility, Inc. of any Excess Packet Loss or Latency on the Tektility, Inc. network and the problem is on Tektility, Inc.'s network, and Tektility, Inc. fails to remedy such Excess Packet Loss or Latency, Tektility, Inc. will credit Customer's account the pro-rata bandwidth fees for such continuous Excess Packet Loss or Latency that follows the initial 52 minutes and 34 seconds of Latency or Packet Loss per year, provided that all such credits will not exceed an aggregate maximum credit of bandwidth fees otherwise due from Customer for one (1) calendar month for failures in any one (1) calendar month.



3. Inability to Access the Internet (Downtime).

Customer shall be able to transmit and receive information from the Tektility, Inc. network to other portions of the Internet without Downtime (as defined below) 99.99% of the hours as an average calculated over each calendar year. "Downtime" shall be defined as Customer experiencing sustained packet loss in excess of fifty percent (50%) based on Tektility, Inc.'s measurements. If Customer experiences in excess of 52 minutes and 34 seconds continuous Downtime, then Tektility, Inc. will credit a Customer's account the pro-rata Bandwidth Fees for such Downtime, provided that all such credits will not exceed an aggregate maximum credit of Bandwidth Fees otherwise due from Customer for one (1) calendar month for failures in any one (1) calendar month.



4. Power Availability.

Tektility, Inc. guarantees 100% power availability to the Customer's space. In the event of an unscheduled power outage caused by Tektility, Inc., Tektility, Inc. will credit a Customer's account the pro-rata space fees associated with the unscheduled power outage, provided that all such credits will not exceed an aggregate maximum credit of space fees otherwise due from Customer for one (1) calendar month for failures in any one (1) calendar month.



5. Customer Must Request Credit.

Customer must notify Tektility, Inc. within five (5) business days from the time Customer becomes eligible to receive a credit under this Section 5 to receive such credit. Failure to comply with this requirement will forfeit Customer's right to receive a credit.



6. Limitation on Remedies.

If Customer is entitled to multiple credits under this SLA, such credits shall not be cumulative beyond a total of credits for one (1) calendar month in any one (1) calendar month in any event. Tektility, Inc. will not apply a credit under Section 2 for any Excess Packet Loss or Latency for which Customer received a credit under Section 3. Sections 2, 3 and 4 above state Customer's sole and exclusive remedy for any failure by Tektility, Inc. to provide Services or adequate Service levels, including but not limited to any outages or network congestion. Neither Tektility, Inc.'s suspension nor modification of Service in accordance with the terms of this Service Level Agreement, scheduled maintenance, Customer error, Customer equipment malfunction, insufficient bandwidth purchased by Customer to support colocated Service applications, nor denial of service attacks on the network or Customer equipment shall be deemed to be a failure of Tektility, Inc. to provide adequate Service levels under this Service Level Agreement.