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<br />I\;etwork Services SLA North America Off Net (Vcr, June 05)
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<br />:{:) Cogent Communications. Inc. 2004
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<br />consecutive ping cycles, COGEJ\T will deem the Service unavailable and will contact Customer's designated point of contact by a method elected by
<br />COGENT (tclephone, email, fax, or pager),
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<br />If COGENT fails 10 meet this Outage Notification Guarantee, Customer will receive, at Customer's request, one (I) day Service Credit for the Service
<br />with respect to which this Guarantee has not been met. Customer may obtain no more than one day Service Credit per day, regardless of how often in
<br />that day COGENT failed to meet the Customer Reporting Guarantee. Customer may obtain no more than one (1) month Service Credit for any given
<br />month.
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<br />C. NETWORK LAn::">ICY GUARA:"TEE.
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<br />The COGENT t\'etwork carries packets with an average Network Latency over a one month period of 50 milliseconds or less. COGENT monitors
<br />aggregate latency within the COGENT Network by monitoring round-trip times between a sample of backbone Hubs on an ongoing basis. ,Network
<br />Latencv (or Round trio time) is defined as the average time taken for an IP packet to make a round trip between backbone Hubs on the COGENT
<br />Network.
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<br />After being notified by Customer of Network Latency in excess of 50 milliseconds, COGENT will use commercially reasonable efforts to detennine
<br />the source of such excess Network Lutency and to correct such problem to the extent that the source of the problem is on the COGENT Network.
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<br />If COGENT fllils to remedy such Network Latency within two (2) hours of being notified of any excess Network Latency lInd average Network
<br />Latency for the preceding 30 days has exceeded 50 milliseconds, Customer will receive, at Customer's request, a Service Credit for the period from
<br />the time of notification by the Customer until the average Network Latency for the preceding 30 days is less than 50 milliseconds. Customer may
<br />obtain no more than one (1) month Service Credit for any given month.
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<br />D. PACKET DEUV[RY GUARA:-ITEE.
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<br />The COGENT I\'etwork has an average monthly Packet Loss of 0, 1% (or successful delivery of 99.9% of packets). COGENT monitors aggregate
<br />packet loss within the COGENT Network on an ongoing basis, and compiles the collected data into a monthly average packet loss measurement for
<br />the COGENT Network. Packet Loss is defined as the percentage of packets that are dropped within the COGENT Network.
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<br />After being notified by Customer of Packet Loss in excess of 0.1 %, COGENT wilJ use commercially reasonable efforts to determine the source of
<br />such excess Pllcket Loss and to correct such problem to the extent that the source of the problem is on the COGE1\T Network.
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<br />IfCOGEI\T fails to remedy such excess Packet Loss witllin two (2) hours of being notified of any excess Packet Loss on the COGENT Network and
<br />average Packet Loss for the preceding 30 days exceeds 0, I %, Customer will receive, at Customer's request, a Service Credit for the period from the
<br />time of notification by the Customer until the average Packet Loss for the preceding 30 dllYS is less than 0.1 %. Customer may obtain no more than
<br />olle (I) month Service Credit for any given month.
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<br />3. AI)DITIO~AI. Dt:FI:-IITIO:-lS.
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<br />COGENT Network means the telecommunications/data communications network and network components owned, operated or controlled by
<br />COGENT, including COGENT's national fiber backbone, its metropolitan fiber networks, any equipment connected to such fiber, and the software,
<br />data and know-how used by COGENT in the provision of the Services, Where COGENT provides Service to a building through its own fllcilities, the
<br />COGENT Network includes those facilities. The COGEI\T Network does not include customer premises equipment. customer-ordered telephony
<br />circuits, and any networks or network equipment not operated and controlled by COGENT.
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<br />Network. Unavaila_bili!)' means the number of minutes that the COGENT Network was not available to Customer, including the number of minutes
<br />that the COGEt\'T Network was not available associated with any non-Scheduled Maintenance to the COGENT Network. Network Unavailability
<br />will not include Scheduled Maintenance, or any unllvailability resulting from: (a) problems with or maintenance on Customer's applications,
<br />equipment or facilities: (b) acts or omissions of Customer or an authorized user: (c) unavailability caused by companies other tllan COGENT, except
<br />COGENT-ordered telephony circuits; or (d) Force Majeure.
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<br />Scheduled Maintenance means llny maintenance of the COGENT ]\;etwork (or portion thereof) to which Customer's router is connected that is
<br />performed during a standard maintenancc window from 3:00am to 7:00am (local time of the COGENT Hub to which Customer's circuit is
<br />connected). Customers will be notified via Email two (2) business days in advance of any scheduled maintenance that is likely to effect service. In
<br />most cases, maintenance perfonned will not take the full configuration window, however, COGENT will inform Customer as to anticipllted duration
<br />in the maintenance notification E-mail.
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<br />S~rvice Credit means
<br />One (!) day Service Credi! = 1/30'" of Customer's Monthly Recurring Charges.
<br />Glle (I) week Sen'ice Credi! = 7i30'h' of Customer's Monthly Recurring Charges
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<br />Olle (1) month Servin! Credit = Full amount of Customer's Monthly Recurring Charges.
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<br />IfCOGE]\;T approves a claim for Service Credit for failure to comply with the Installation Guarantee, Servicc Credit shall mcan COGENT's charge
<br />for Customer's first full month of the Service, not including installation charges or other start-up fees.
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<br />4. S~:RVICE CREDIT CI.AIM PROCESS.
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<br />In order 10 initiate a claim for Service Credit, Customer must contact COGEt\T's customer service group within seven (7) business Jays atter the end
<br />of the month for which credit is requested. The Service Credit request must provide: (a) the Customer name and contact information; (b) the date and
<br />beginning/end time of the claimed outage or failed metric; and (c) a brief description of the characteristics of the claimed outage or failed metric.
<br />Customer will be notified via e-mail upon resolution of the request. If rejected. the notification will specify the bllSis for rejection. If approved,
<br />COGENT will issue Service Credit to Customer's account, appearing on the next invoice issued. Multiple Service Credits will not be given for the
<br />same period of time, i.e, failure to meet multiple criteria during a period of time generates only a single Service Credit. The total number of all
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<br />Cogent Communications. Inc. 101531" SI., ]\;.W., Washington, D.C., 20007 202-295-4200 WWW.Cl)gentcu.com
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