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Network Services SLA J\iorth America Off Net (Ver. June 05) (0 Cogent Communications, Inc. 2004 cog ,~""~"t" NETWORK SERVICES SERVICE LEVEL AGREEMENT NORTH AMERICA (lpHCJil In'hunCit This Service Level Agreement (SLA) is a part of the Customer Subscriber Agreement ((SA) between Customer and COGENT. Capitalized terms uscd herein that are not defined in this SLA shall have the meaning attributed to them in the CSA. t. St~RVlCE COMMITME:\T. COGEI\T is l:Ommilled 10 providing a reliable, high-quality network to support its bigh-speed Internet acccss service (Scnj(;e). As part of this commitment, COGEI\T is pleased to offer eligible Customers the following guarantees as concerns the Service in the United States and Canada: Installation Guarantee . Network Availability and Notification Guarantee I\etwork Latency Guarantee Packet Delivery Guarantee IfCOGE!'\T fails 10 meet any of these guarantccs, it will provide eligible Customers with a Service Credit, as set forth below in this Service Level Agreement. 2. GUARA:"lTEES. A. I:"lSTALLATlO:\ GUARA:"lTn:. Cogent guarantees Internet connectivity for Customers will be installed within the timeframe below after an order has been validated and entered into Cogent's provisioning system by its Account Coordination team. T1 40 business days T3: 60 business days Colo. 17 business days DCn 90 business days Ethernet Loop 90 business days ^n order will not be validated until COGENT has received a signed CS^, a completed IPQ, and (if requested by COGENT) a completed and approved credit application. Installation guarantee for Cogent co location services does not apply to third-party data centers. If COGENT fails to meet these commitments, Customer will receive, at Customer's request, one (I) month Service Credit Customer may obtain no more than one (I) month Service Crcdit for any given month. COGENT's Installation Guarantee is subject to the following conditions: . Customer or its representative must cooperate with COGEI\T in the instal]ation process, which includes accurate completion of an Order Form containing detailed demarcation information and other onsitc contact listings. Changes in an Order Form made by or on behalf of Customer or the occurrence of events outside the reasonable control of COGENT. such as Force Majeure (as defined in the CSA), may result in delays for which COGENT is not responsible hereunder. . Customer or its rcpresentative must be physically present at the time of installation and must provide access to the designated building's phone closet(s) on the date(s) agreed to by COGENT's Installation Coordination Department. Such building access and escort must also be provided to other necessary personnel to perform the installation of the Internet connection. This ]nstallation Guarantee applies to the interval between the original order date and original Installation Guarantee dtlle. If Customer requests a change to an order date during implementation of Service, the Installation Guarantee date shall, at COGE!'\T's sole discretion, begin again upon change acceptance. . The Service Credit for failure to meet the Installation Guarantee is rrm available to Customers for whom installation charges have been waived or reduced. B. l'iF.TWORK AVAILABIUTY A:'\JD :\OTIFICATIO:'\J GUARA:"lTEE. COGENT guarantees Network Availability of the Service of99.99% across its taci]ities-based nationwide backbone and mctropolitan Network. If the COGEI\T I\etwork experiences I\etwork Unavailability for more than 15 consecutive minutes, Customer will receive, at Customer's request, one (1) day Service Credit for each cumulative hour of Network Unavailability in any calendar month. Provided the COGE!'\T I\etwork expcriences at least one (I) hour of Network Unavailability in any given calendar month, additional Network Unavailability of less than one (]) hour \-vi]l result in a proportional Service Credit. (Example: 2 hours, 15 minutes of Network Unavailability will result in 2.25 days Service Credits.) Customer may obtain no more than one (I) month Service Credit for any given month. COGENT's Outage Notification Guarantee is to proactively notify Customer within 15 minutes after COGEI\T determines that Customer's Service is unavailable COGEI\T"s standard procedure is to ping the Customer's router every minute. If Customer's router docs not respond after ten Page I of3 Cogent Communications, Inc. 101531" Sl., N.W., Washington, D.C., 20007 202-295-4200 W~:~'.cogent!';.Q,!,;om