Service Level Agreement – Professional Office Business Internet Ethernet Private Line

100% Network Availability

PAXIO’s On-Net Dedicated Internet access is guaranteed to provide 100% uptime. Any network event resulting in downtime during which a customer cannot pass traffic to the Internet is not acceptable.

An Outage shall be deemed to commence upon PAXIO’s verification of stated trouble in the trouble ticket submitted by Customer; this verification will be conducted by PAXIO’s call center at 800.377.6335. An outage shall be deemed to terminate upon the closing of the same trouble ticket (or the termination of the downtime, if sooner), less any time PAXIO is awaiting additional information or premise testing from Customer.

On-Net Service Availability

Any network event resulting in downtime during which a customer cannot pass traffic to the Internet from the trunk side point of PAXIO’s IP Network edge for a period in excess of fifteen (15) minutes will be deemed an “On-Net Outage”(unavailability of the customer connection) provided that such Outage is on PAXIO’s IP Network (“On-Net Service Availability”).

For each Outage experienced by Customer, Customer will receive a credit equal to one (1) day’s billing for the month in which such Outage occurred. In the event that an Outage has duration greater than one (1) hour, Customer will receive one (1) day’s credit for each hour or fraction thereof of the Outage. In the event Customer experiences an Outage in any calendar month which has a duration of four (4) hours or more, Customer will receive one (1) week’s credit for each four (4) hour outage.

No credit will be given unless the Customer has provided reasonable assistance in an effort to diagnose the Outage. Reasonable assistance includes requesting the opening of a trouble ticket, providing PAXIO access to Customer’s premises, if necessary, and assisting PAXIO with problem identification and resolution via telephone or other means such as fax or e-mail.

Zero Packet Loss – Less than 0.0001%

PAXIO’s On-Net Dedicated Internet Packet Loss Guarantee is a measurement of dropped packets between the Core Routers within PAXIO’s Dedicated IP Network. Packet Loss is measured as an average over a one calendar month period. PAXIO’s Off-Net Dedicated Internet Packet Loss Guarantee is a measurement of

dropped packets from PAXIO Core Routers to the trunk side point of PAXIO’s Top Traffic Exchange Provider’s interconnection with PAXIO. Packet Loss for PAXIO’s On-Net and Off-Net Dedicated IP service is 0.0001% or less within PAXIO’s IP Network. If Packet Loss percentage is more than 0.0001% on average within any calendar month, Customer will be issued a credit of one (1) day’s Monthly Recurring Charge for each instance of Packet Loss over the guarantee.

Low Latency – Less than 10ms

PAXIO’s On-Net Dedicated Internet access has very low latency between client equipment and Core Routers within PAXIO’s IP Network. If Latency is more than 10ms on average within any calendar month, Customer will be issued a credit of one (1) day’s Monthly Recurring Charge for each instance of Latency over the guarantee. Latency is measured from client premise equipment to an Internet facing interface on PAXIO core router(s).

The following conditions apply to PAXIO’s SLA:

Credits are applicable only to PAXIO’s On-Net Services. In order to obtain the credit, Customer must notify the PAXIO Customer Service department within thirty (30) calendar days after the end of the month in which the event(s) giving rise to the credit occurred. All credits will be upon Customer request only; no credit will be made automatically. Credits shall not apply to events outside the control of PAXIO, including but not limited to the following: (i) power loss; (ii) failure of equipment or systems provided by Customer or any third party (not under the direction or control of PAXIO), including any provider of Off-Net/local access service to PAXIO contracted for, by, or on behalf of Customer; (iii) other connectivity or equipment failure at Customer’s premises; and (iv) any Force Majeure event.Scheduled maintenance outages, also known as Network Maintenance Windows, shall not be subject to any SLAs specified in this document and will not be measured for or applicable to the determination of service level performance. Accordingly, Customer shall not be entitled to any Customer credit as a result of any scheduled maintenance outage. PAXIO will take reasonable steps to rectify chronic service disruptions if associated and caused by PAXIO-owned network components and, if not associated or caused by PAXIO-owned network components, will work cooperatively with the applicable third party.