COGENT COMMUNICATIONS - aka PSINET COGENT 1a

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Network Services SLA Cogent (Ver. December 2007) 10 Cogent Communications, Inc. 2004 equipment or facilities; (b) acts or omissions of Customer Or an authorized user; (e) unavailability caused by companies other than COGENT, except COGENT-ordered telephony circuits; or (d) Force Majeure. Scheduled Maintenance means any maintenance of the COGENT Network (or portion thereof) to which Customer's router is connected that is performed during a standard maintenance window in North America from 3:00am to 7:00am Oocal time of the COGENT Hub to which Customer's circuit is connected) except the Pacific time zone where the window is from 2:00am to 6:am PAC. In Europe the standard maintenance window is 4:00am to 8:00am Central European time which is 3:00 to 7:00am GMT. Customers will be notified via Email at least two (2) business days in advance of any scheduled maintenance that is likely to effect their service. In most cases, maintenance performed will not take the full configuration window, however, COGENT will inform Customer as to anticipated duration in the maintenance notification E-mail. Service Credit means . One (1) day Service Credit:::; l/301ll of Customer's Monthly Recurring Charges. . One (1) week Service Credit:::; 7f30rhs of Customer's Monthly Recurring Charges. . One (1) month Service Credit:::; Full amount of Customer's Monthly Recurring Charges. If COGENT approves a claim for Service Credit for failure to comply with the Installation Guarantee, Service Credit shall mean COGENT's charge for Customer's fIrSt full month of the Service, not including installation charges or other start-up fees. 4. SERVICE CREDIT CLAIM PROCESS. In order to initiate a claim for Service Credit, Customer must contaCt COGENT's customer service group within seven (7) business days after the end 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 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. Customer will be notified via e-mail upon resolution of the request. If rejected, the notification will specify the basis for rejection. If approved, COGENT will issue Service Credit to Customer's account, appearing on the next invoice issued Multiple Service Credits will not be given for the 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 Service Credits for all failures to meet Guarantees occurring in a given month may not exceed the total Monthly Recurring charge actually paid by Customer for Service during that month. Service Credits will be credited against a Customer's monthly payment for Monthly Recurring Charges and may not be received in the fonn of a refund. The Guarantees and Service Credits provided for in this SLA assume compliance by Customer with the terms and conditions of its CSA with COGENT, and the failure of Customer to comply with those terms and conditions may invalidate COGENT's guarantees provided herein. No credit is available for a Customer (a) that is blocking COGENT from monitoring Customer's premises router; (b) that does not provide the necessary access to personnel and facilities at the Customer's premises to enable COGENT to perform cottLprehensive troubleshooting; or (c) whose account is not in good fmancial standing with COGENT. COGENT is not liable for failure to fulfill its obligations hereunder if such failure is due to Customer's use of bandwidth in excess of the maximum amount specified in Customer's CSA, Customer's tampering with any equipment, or acts beyond COGENT's reasonable control, such as Force Msjeure. ............................... Cogent Communications, Inc. www.cogentco.com See website for full contact information by country Page 3 of3 Cogent Communications www.co!!.entco.com