COGENT COMMUNICATIONS - aka PSINET COGENT 1a

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Network Services SLA Cogent (Ver. December 2007) o Cogent Communications, Inc. 2004 Provided the COGENT Network experiences at least one (J) hour of Network Unavailability in any given calendar month, additional Network Unavailability of less than one (I) hour will 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 (1) month Service Credit for any given month. COGENT's Outage Notification Guarantee is to proactively notifY a Dedicated Internet Access Customer within 15 minutes after COGENT determines that Customer's Service is unavailable. COGENT's standard procedure is to ping the Customer's router every minute. If Customer's router does not respond after ten consecutive ping cycles, COGENT will deem the Service unavailable and will contact Customer's designated point of contact by a method elected by COGENT (telephone, email,. faX, or pager). If COGENT fails to meet this Outage Notification Guarantee, Customer will receive, at Customer's request, one (1) day Service Credit for the Service with respect to whicf1 this Guarantee has not been met Customer may obtain no more than one day Service Credit per day, regardless of how often in that day COGENT failed to meet the Customer Reporting Guarantee. Customer may obtain no more than one (I) month Service Credit for any given month. C. NETWORK LATENCY GUARANTEE. For Dedicated Internet Access customers only, the monthly average Network Latency for packets carried over the COGENT Network between Backbone Hubs for the following regions is as specified below: Intra-North America: Intra-Europe: New York to London (Trans-Atlantic): 45 milliseconds or less 35 milliseconds or less 85 milliseconds or less Network Latencv (or Round trio time) is defined as the average time taken for an IF packet to make a round trip between Backbone Hubs within the regions specified above on the COGENT Network. COGENT monitors aggregate latency within the COGENT Network by monitoring round-trip times between a sample of Backbone Hubs on an ongoing basis. After being notified by Customer of Network Latency in excess of the rates specified above, COGENT will use commercially reasonable efforts to detennine the source of such excess Network Latency and to correct such problem to the extent that the source of the problem is on the COGENT Network. If COGENT fails to remedy such Network Latency within two (2) hours of being notified of any excess Network Latency and avemge Network Latency for the preceding 30 days has exceeded the rates specified above, Customer will receive, at Customer's request, a Service CJ;'Cdit for the period from the time of notification by the Customer until the average Network Latency for the preceding 30 days is less than the rates specified above, Customer may obtain no more' than one (1) month Service Credit for any given month. D. PACKETDELIVERVGUARANTEE. For Dedicated Internet Access customers only, the COGENT Network has an average monthly Packet Loss no greater than 0.1% (or successful delivery of 99.9% of packets). Packet Loss is defined as the percentage of packets that are dropped between Backbone Hubs on the COGENT Network. COGENT monitors this aggregate packet loss on an ongoing basis, and compiles the collected data into a monthly average packet loss measurement for the COGENT Network. After being notified by Customer of Packet Loss in excess of 0.1 %, COGENt' will use commercially reasonable efforts to detennine the source of such excess Packet Loss and to correct such problem to the extent that the source of the problem is on the COGENT Network. If COGENT fails to remedy such excess Packet Loss within two (2) hours of being notified of any excess Packet Loss on the COGENT Network and average Packet Loss for the preceding 30 days exceeds 0.1%, Customer will receive, at Customer's request, a Service Credit for the period from tbe time of notification by the Customer until the average Packet Loss for the preceding 30 days is less than O. I %. Customer may obtain no more than one (1) month Service Credit for any given month. 3. ADDmONAL DEFINITIONS. Dedicated Internet Access or Internet Tmnsit refers to Cogent's Layer 3 service that provides customers access to the public Internet. Backbone Hub means a major network facility owned, operated. or controlJed by COGENT which is directly connected to the COGENT fiber backbone network and which contains at least one Gigabit Switch Router (GSR). In larger metropolitan markets containing more than one such facility, one facility in that market will be designated as a Backbone Hub for the purpose of calculating the monthly average Network Latency and Packet Loss statistics. On-Net means buildings that are direCtly connected to the COGENT Network and, as such, do not require COGENT to lease a third-party local loop in order to provide connectivity. COGENT Network means the telecommunications/data communications network and network components owned., operated or controlled by COGENT. including COGENT's national fiber backbone, its metropolitan fiber networks. any equipment connected to such fiber, and the software, data and know-how used by COGENT in the provision of the Services. Where: COGENT provides Service to a building through its own facilities, the COGENT Network includes those facilities. The COGENT Network does not include customer premises equipment, customer-ordcred telephony circuits, and any networks or network equipment not operated and controlled by COGENT. Monthlv Recuninl! Chare:e means the fixed, recurring charge invoiced by COGENT to Customer on a monthly basis for the Service, exclusive of any variable charges based upon Customer usage. Network Unavailability means the number of minutes that the COGENT Network was not available to Customer, including the number of minutes that the COGENT Network was not available associated with any non-Scheduled Maintenance to the COGENT Network. Network Unavailability will not include Scheduled Maintenance, or any unavailability resulting from: (a) problems with or maintenance on Customer's applications, Page 2 of3 Cogent Communications www.coQ'entco.com