This service level agreement is part of the contract between CLIENT and OMNIWEB, INC. Omniweb Networks is committed to providing a reliable, high-quality network and infrastructure to support its high-speed Internet services. As part of this commitment, Omniweb is pleased to offer eligible customers the following guarantees. CLIENT, or its representatives, must cooperate with Omniweb in the installation process; including accurate completion of an order form containing detailed demarcation information and other onsite contact listings. Changes in an order made by or on behalf of CLIENT or the occurrence of events outside the reasonable control of Omniweb, such as those listed in Force Majeure, may result in delays for which Omniweb is not responsible hereunder.

Guarantees Network Availability Guarantee Omniweb guarantees 100% Network Availability, as measured below. Network Availability is calculated from the ingress to and egress from Omniweb’s Network.

Metro Network Latency Guarantee Omniweb’s network carries packets with an average Network Latency over a one-month period of less than 15 milliseconds within any given metropolitan area. Omniweb measures aggregate latency by monitoring round-trip times between routers on the metro area network at regular (normally 5 minute) intervals. “Network Latency” (or “Round Trip Time”) is defined as the average time taken for an IP packet to make a round trip between routers on the metro area network. After being notified by CLIENT of Network Latency in excess of 15 milliseconds, Omniweb will use commercially reasonable efforts to determine the source of such excess Network Latency and to correct such problem to the extent that the source of the problem is on Omniweb’s network. In the event the average Network Latency exceeds 15 milliseconds in a standard billing period, the terms of the Service Credit Guarantee will apply.

Wide Area Network Latency Guarantee Omniweb’s network carries packets with an average Network Latency over a one-month period of less than 75 milliseconds between cities/metropolitan areas. Omniweb measures aggregate latency within Omniweb’s Wide Area Network by monitoring round-trip times between routers on the Wide Area Network at regular (normally 5 minute) intervals. “Network Latency” (or “Round Trip Time”) is defined as the average time taken for an IP packet to make a round trip between routers on Omniweb’s Wide Area Network. After being notified by CLIENT of Network Latency in excess of 75 milliseconds, Omniweb will use commercially reasonable efforts to determine the source of such excess Network Latency and to correct such problem to the extent that the source of the problem is on Omniweb’s network. In the event the average Network Latency exceeds 75 milliseconds in a standard billing period, the terms of the Service Credit Guarantee will apply.

Packet Delivery Guarantee Omniweb’s Network has an average monthly Packet Loss no greater than 0.1% (or successful delivery of at least 99.9% of packets.) Omniweb measures aggregate packet loss within the metro area network on an ongoing basis and compiles the collected data into a monthly average packet loss measurement for the Omniweb Network. “Packet Loss” is defined as the percentage of packets that are dropped within the Omniweb network. It is measured by comparing packet counts transmitted and received between router pairs on the metro area network. After being notified by CLIENT of Packet Loss in excess of 0.1%, Omniweb will use commercially reasonable efforts to determine the source of such excess Packet Loss and to correct such problem to the extent that the source of the problem is on the Omniweb network.

Upstream Connectivity Guarantee The Omniweb network is connected to multiple upstream providers. These connections have an average monthly Packet Loss no greater than 0.5%, and average monthly latency no greater than 20 milliseconds. Omniweb monitors this packet loss and latency on an ongoing basis and compiles the collected data into a monthly average upstream performance for the upstream providers. After being notified by CLIENT of packet loss in excess of 0.5% or latency greater than 10 milliseconds, Omniweb will use commercially reasonable efforts to determine the source of such excess latency and/or packet loss and to correct such problem to the extent that the source of the problem is on the Omniweb network. In the event the average upstream latency exceeds 20 milliseconds in a standard billing period, or the upstream packet loss excess 0.5% in a standard billing period, the terms of the Service Credit Guarantee will apply.

Optional Multihomed Service Should CLIENT choose to utilize the optional Multihomed Service, wherein CLIENT connects to the Omniweb backbone through multiple connections to discreet routers, Omniweb guarantees 100% availability of local connectivity to the Omniweb backbone through at least one of the connections provided to CLIENT.

Service Credit Guarantee In the event of any Omniweb network or system downtime, CLIENT will be credited the amount of one full day of the total network services MRC for every 15 minutes of system unavailability or downtime as defined above.

Definitions
"Force Majeure" means acts beyond the reasonable control of Omniweb, including, but not limited to, acts of God, fire, explosion, vandalism, natural disasters, storm or other similar occurrence, any law, order, regulation, direction, action or request of the United States Government or state or local governments, or of any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more said governments, or of any civil or military authority, national emergencies, insurrections, riots, wars, strikes, lock-outs, or work stoppages, or other labor difficulties, supplier failures, shortages, breaches or delays.

"The Omniweb Network" means the telecommunications/data communications network and network components owned, operated or controlled by Omniweb, including computer and networking hardware owned by Omniweb. Where Omniweb provides service in a building through its own facilities, the Omniweb Network includes those facilities. This coverage does not include customer premises equipment or any networks or network equipment not operated and controlled by Omniweb.

"Network Unavailability" consists of the number of minutes that the Omniweb Network or equipment was not available to CLIENT and includes the number of minutes that the Omniweb Network was unavailable associated with any non-Scheduled Maintenance to the Omniweb Network. Network Unavailability will not include Scheduled Maintenance (according to the schedule available to customers via their Statistics Interface page), or any unavailability resulting from: (a) problems with ormaintenance on CLIENT’s applications, equipment, or facilities; (b) acts or omissions of CLIENT or an authorized user; (c) unavailability caused by companies other than Omniweb; or (d) Force Majeure.

"Scheduled Maintenance" shall mean any maintenance of the Omniweb Network (or portion thereof) to which CLIENT service is connected that is performed during a standard maintenance window from 3:00AM to 6:00AM (location local time). Customers will be notified a minimum of 2 days in advance of any scheduled maintenance.

Service Credit Claim Process CLIENT will be notified via email upon resolution of the request. If rejected, the notification will specify the basis for rejection. If approved, Omniweb will issue Service Credit to the CLIENT account, appearing on the next invoice issued. Multiple Service Credits will not be given for the same period of time, ie; failure to meet multiple criteria during a period of time generatesonly a single Service Credit. The total number of Service Credits for problems occurring in a month may not exceed the Monthly Recurring charge actually paid by CLIENT for service during that month. Service Credits will be credited against a CLIENT monthly payment for Monthly Recurring Charges and may not be received in the form of a refund.

The Guarantees and Service Credits provided for in this Service Level Agreement assume compliance by CLIENT with the terms and conditions of its agreement with Omniweb, and the failure of CLIENT to comply with those terms and conditions may invalidate the guarantees provided herein. No credit is available for a CLIENT (a) that is blocking Omniweb from monitoring CLIENT equipment; (b) that does not provide the necessary access to personnel and facilities at the premises to enable Omniweb to perform comprehensive troubleshooting; or (c) whose account is not in good financial standing with Omniweb. Omniweb is not liable for failure to fulfill its obligations hereunder if such failure is due to CLIENT’s use of bandwidth in excess of the amount specified in the CLIENT Internet access service agreement with Omniweb, CLIENT tampering with any equipment, or acts beyond Omniweb reasonable control.

This Service Level Agreement is not binding upon Omniweb as part of the CLIENT contract unless it has been approved by Omniweb in writing.