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Service Level Agreement

The following sets forth the performance specifications for Webhosting Services provisioned under Sprintserve's Webhosting Agreement,

provided however that the Parties may depart from these specifications as may be mutually agreed and set forth in Service Orders for any particular Webhosting Service.

1. Network Availability: 99.9% availability measured over a 365-day (8,760 hour) period.

2. Latency: An average monthly transmission rate of 85 milliseconds or less on Sprintserve's peered networks. Sprintserve measures Internet latency, the average round trip transmission on a Sprintserve's peered network, at approximately ten-minute intervals and calculates the average at the end of each calendar month.

3. Packet Loss: Sprintserve guarantees a packet delivery of 99% or greater.

4. Server Availability: 99.5% availability measured over a 365-day (8,760) period. If a Customer experiences average Internet latency in excess of 85 milliseconds, as so calculated for any calendar month, Customer may receive a credit of 1/30 the monthly rate or charge applicable to the Service that is subject to the latency.

5. If a Customer experiences a Network Outage of ten (10) minutes or more in any calendar day, Customer may receive a credit of 1/30 the monthly rate or charge applicable to the Service which is subject to the Network Outage. A Network Outage means an occurrence on Sprintserve's peered networks that results in the inability to transmit IP packets on behalf of the Customer.

6. Support Availability: 100% of all email or help tickets sent to support@sprintserve.net will be answered within 24 hours. If a Customer experiences a longer response time, Customer may receive a credit of 1/30 the monthly rate or charge applicable to the Service for every occurance.

7. In any calendar month, Customers credits with respect to Network Outages, Server Outages, latency, and Support Availability may not exceed ten incidents. Customer must notify SprintServe.net of any unmet Service Levels for Credits to be provided. No credits will be provided, if it is:

(i) caused by Customer or others authorized to by the Customer to use the Services under the Agreement;

(ii) due to the failure of power, facilities, equipment, systems or connections not provided by Sprintserve;

(iii) caused by the failure of third party service to Sprintserve's network;

(iv) the result of scheduled maintenance or upgrades where Customer has been notified in advance and

(vi) due to a Force Majeure event;

(vii) the Customer has outstanding invoices.

8. Hardware Replacement Service Level Agreement: Sprintserve NET guarantees that in the event of a dedicated server hardware failure, the faulty hardware will be replaced within within two (2) hours of Customer notification in the trouble ticketing system. This guarantee does not include the time it requires to perform additional software related maintenance, including rebuilding and restoring data from backups, cloning hard drives, reinstalling of operating system, initial server setup, reloading and configuring applications, or rebuilding RAID arrays, troubleshooting and configuring application issues.

9. Restoration of Backed Up Data: We will back up your data only if you have purchased data backup services, or make arrangement with Sprintserve NET to configure a backup solution for your dedicated server(s) locally, otherwise Customer is solely responsible for insuring that its data is backed up in the event of an outage. There is no resolution guarantee and no guarantee of backup integrity.

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