This Service Level Agreement ("SLA") supplements the Terms and Conditions for Delivery of Service and your Service Order Form, which are incorporated herein by this reference. This SLA defines the Spectrum Networks, Inc. ("Spectrum") service performance standards. This SLA will become effective on the first day following installation of Spectrum's service.

Technical Support
Spectrum supports and monitors its service up to the demarcation point where the border router connects to your computer ("DEMARC"), via ICMP echo-reply packets, every 60 seconds, 24 hours per day. The Spectrum Network Operations Center ("NOC") is available 24 hours per day for support. Once a customer ticket is opened with the NOC, either though monitoring alarm or you report trouble to NOC staff , any outage SLA credits will begin to accrue.

Performance Standards
If Spectrum's network is not performing as described herein, you are entitled to a service credit with an upper limit of the amount billed by spectrum networks, excluding third party fees charged to Spectrum for transmitting your data through networks controlled by third-parties ("Third Party Networks").

Latency, Packet-loss, Jitter and Network availability
Network Latency: Spectrum network delivers no more than 25ms of intra-state latency within the shared network backbone(1) between the aggregation router to which the your local-loop(2) is connected and Spectrum's network transmits your data though Third Party Networks. Packet loss: Spectrum's standard is no more than 0.5% packet loss(3) across the shared network backbone, from the aggregation router to which the your local-loop is connected and Spectrum's network transmits your data though Third Party Networks. Packet loss in excess of 0.5% constitutes a service outage. Jitter: The Spectrum Networks network will provide jitter of less than 3 ms between any two nodes on the network backbone; jitter in excess of this 3 ms threshold constitutes a service outage. Network availability: Spectrum's shared network backbone availability in any given month is 99.99%.

Sole remedy for Loss of Service
Your exclusive remedy for loss of service from Spectrum is limited to reinstatement of service and a credit for the period of lost connectivity. Credits will be paid for Spectrum network outages resulting in a continuous loss of connectivity as set out below:

Network service outage exceeding 2 hours: 5% of monthly-billed IP services.
Network service outage exceeding 4 hours: 10% of monthly-billed IP services.
Network service outage exceeding 6 hours: 15% of monthly-billed IP services.

for every additional 4-hour incremental network outage, you shall be entitled to receive an additional 5% of monthly-billed base service credit up to the monthly 100% maximum credit limit.

The period of lost service shall be determined by records kept by Spectrum at its NOC and based on ICMP to the DEMARC.

Chronic Outage
Customer shall have the right to terminate the Agreement in the event of any Chronic Service Quality Problem (as hereinafter defined) upon thirty days written notice to Spectrum.  As used herein, the term "Chronic Service Quality Problem" shall mean:  (i) any one Interruption (as defined in the SLA) lasting more than seven (7) days at a particular Service Location or (ii) five (5) or more Interruptions (as defined in the SLA) at a particular Service Location, with each Interruption lasting at least thirty continuous minutes, in any thirty day period.  For the purpose of applying this provision, Customer must document in writing (through the opening of a trouble ticket) the Interruption with Spectrum as soon as Customer becomes aware of the problem.  In the event of a termination for a Chronic Service Quality Problem, Customer only shall be responsible for the payment of charges for the Service incurred prior to the termination date.

Other Credits
SLA credit is capped at 20% of the base service amount for issues relating to port or router failures on Spectrum owned equipment which result in the failure of you local- loop. This does not apply if you have multiple local-loops feeding into diverse routers, nor does it apply to any failures inside the shared network backbone.

SLA credit is capped at 20% of the monthly fee.

SLA Credit Exclusions
SLA credits do not apply to third party fees charged to Spectrum for transmitting your data through Third Party Networks.

(1) The shared network backbone consists of the routers and circuits which are under exclusive control of Spectrum but not dedicated for the use of a specific customer.
(2) Your local-loop consists of circuits, microwave, fiber and/or leased lines that are exclusively used by you for your connection to the shared network backbone.
(3) Packet-loss is measured end-to-end using ICMP-echo-reply packets; failure of these test packets to return indicates packet loss. Failure of Spectrum owned routers to respond to ICMP-echo-reply packets does not indicate Packet-loss as the routers rate-limit ICMP. Only end-to-end tests are accepted for SLA credits.