SERVICE LEVEL AGREEMENT (SLA)
ATTACHMENT TO MASTER SERVICES AGREEEMENT

CarrierConnexInc (“CarrierConnexInc”) is committed to providing the highest quality data center services to its Customers. The following guarantees are part of such commitment and demonstrate CarrierConnexInc’s willingness to stand behind our internal processes, our network and the quality of our service, as described below. The following guarantees are available to eligible Data Center customers ("Customers") defined as customers receiving colocation services within the physical confines of our data center. The following guarantees are only applicable to those services originating within the data center and do not apply to any additional or external services that Customers may receive.

Section 1: Availability Guarantees
A. Hardware Availability
CarrierConnexInc guarantees that all CarrierConnexInc -owned hardware operated and maintained on behalf of Customer ("Hardware") will be operational at least 99.9% of the time in each calendar month for standard Data Center Service. Upon receiving a Service Credit Request, CarrierConnexInc will calculate the duration of any Hardware Unavailability to Customer. See Section 5 hereof for the Service Claim Process.

B. Power Availability
CarrierConnexInc guarantees to supply contracted AC power ("Power") to Customer's service at least 99.9% of the time in each calendar month. Upon receiving a Service Credit Request, CarrierConnexInc will calculate the duration of any Power Unavailability to Customer. See Section 5 hereof for the Service Claim Process.

C. CarrierConnexInc Data Center Network Availability
CarrierConnexInc guarantees to supply Customers with CarrierConnexInc Data Center Network connectivity ("Data Center Connectivity") at least 99.9% of the time in each calendar month. "Data Center Connectivity" shall mean the connection provided by CarrierConnexInc from the Customer's demarcation point, but not including Customer’s equipment, through the CarrierConnexInc Data Center Network up to CarrierConnexInc’s Backbone Network demarcation point. Upon receiving a Service Credit Request, CarrierConnexInc will calculate the duration of the Data Center Connectivity Unavailability to Customer. See Section 5 hereof for the Service Claim Process.

D. Backbone/Telco Network Availability
CarrierConnexInc guarantees at least 99.9% CarrierConnexInc Backbone Network uptime in each calendar month. "Backbone Network Unavailability" shall mean the failure of the CarrierConnexInc Backbone Network, for reasons not involving the CarrierConnexInc Data Center Network Availability Guarantee, resulting in Customer's equipment being unable to connect to the CarrierConnexInc Backbone Network.Telco items include PRI’s, DID’s. Upon receiving a Service Credit Request, CarrierConnexInc will calculate the duration of the CarrierConnexInc Backbone Network Unavailability to Customer. See Section 5 hereof for the Service Claim Process.

E. Service Credit for Unavailability
For each calendar month, if Customer experiences availability of CarrierConnexInc infrastructure below the committed availability service level of 99.9% Customer will receive a Service Credit. The amount of Service Credit that may be granted, upon compliance by Customer with the procedures herein, shall be:
a. Unavailability equal to or greater than forty (40) minutes, but less than four (4) hours, in a calendar month: one (1) day Service Credit.
b. Unavailability equal to or greater than four (4) hours, but less than eight (8) hours, in a calendar month: one (1) week Service Credit.
c. Unavailability equal to or greater than eight (8) hours in a calendar month: one (1) month Service Credit.
Service Credits are calculated according to number of days in affected month. The Monthly Designated Fee is defined as the total monthly invoiced amount for the affected CarrierConnexInc colocation services.

Section 2: Outage Notification Guarantee. CarrierConnexInc guarantees that it shall contact Customer's technical contact, either by telephone or by email to the telephone number or email address, respectively, provided in writing to CarrierConnexInc, within one (1) hour after the occurrence of any Unavailability affecting any Availability Guarantee that results in complete downtime for such Customer. If CarrierConnexInc fails to contact Customer within one (1) hour of the occurrence of such Unavailability, Customer will, upon compliance with the procedures herein, be eligible to receive a one (1) day Service Credit. See Section 5 hereof for the Service Claim Process.

Section 3: Packet Loss Guarantee. CarrierConnexInc guarantees that packet loss shall be not more than one percent (1%) on the CarrierConnexInc Data Center Network or Backbone Network during any calendar month. CarrierConnexInc measures packet loss on the CarrierConnexInc Backbone Network at approximately five (5) minute intervals and calculates the average at the end of each calendar month. Any Customer who experiences a packet loss on the CarrierConnexInc Backbone Network in excess of one percent (1%) as so calculated for any calendar month will, upon compliance with the procedures herein, be eligible to receive a one (1) day Service Credit. See Section 5hereof for the Service Claim Process.

Section 4: Definitions. "Monthly Recurring Charge" shall mean the monthly fee for Customer's data center service charged by CarrierConnexInc for the month in which the event giving rise to the claim for Service Credit occurs.
"CarrierConnexInc Backbone Network" shall mean the telecommunications network and network components, including points of presence, from CarrierConnexInc’s upstream demarcation point, “demarc,” to at least one of CarrierConnexInc’s upstream Internet providers’ or peers’ BGP interfaces.

"Unavailability" for purposes of the "Availability Guarantees" of Section 1 shall not include (and for which no Service Credit shall be granted) unavailability due to CarrierConnexInc planned maintenance or other planned outages; packet loss (which is addressed separately in Section 3); customer request; any customer equipment, circuit, application, software, code, hardware device failure or malfunction; acts or omissions of Customer and/or Customer's users; denial of credit to Customer; or reasons outside of CarrierConnexInc’s reasonable control, such as Force Majeure. For purposes of this Service Level Agreement, “planned maintenance or other planned outages” shall mean planned maintenance and other planned outages that shall occur weekly, and only on Wednesday and Sunday nights between the hours of 2:00 A.M and 6:00 A.M. Eastern Time.

Not less than 48 hours prior to a scheduled service interruption, CarrierConnexInc will notify Customer's technical contact provided in writing to CarrierConnexInc by e-mail of such scheduled interruption in service and the nature of such interruption. Such notice shall be effective for all purposes herein, despite any failure of the Customer and/or its agents to receive such notice for any reason, including problems with or failures of Customer's e-mail system(s) or erroneous contact information provided by Customer or any other reason.

Section 5: Service Claim Process. To initiate a claim for Service Credit with respect to any Guarantee Customer shall submit a completed Service Credit Request Form within fourteen (14) days after the end of the month during or for which the event occurred which gives rise to the claim for Service Credit. CarrierConnexInc shall acknowledge receipt of all Service Credit Request Forms via email no later than the next succeeding business day after such receipt and shall review all requests within 14 days after such receipt. Customer shall be notified via email upon resolution of the request.

Unless Customer has been notified of any Unavailability by CarrierConnexInc, Customer shall have notified the CarrierConnexInc Network Operations Center at e- mail techsupport@carrierconnex.net (Business hours 905-851-3926) other 416-989-5903 of any Unavailability promptly during such Unavailability. Eligibility for Service Credit is based on a failure that is caused solely by a component or components of Customer's service that is managed by CarrierConnexInc.

Section 6: Service Credit. If Customer's Service Credit Request is approved, CarrierConnexInc shall issue Service Credit to Customer's account which shall appear in the month following the month in which the Service Credit Request Form was approved.
Service Credit shall be Customer's sole remedy for any failure by CarrierConnexInc to provide Services, including, but not limited to, any Unavailability.

The Service Credit provided for herein is based on Customer's compliance with the terms and conditions of its Master Services Agreement with CarrierConnexInc, and the failure of Customer to comply therewith may invalidate CarrierConnexInc’s Guarantees provided herein. Furthermore, CarrierConnexInc shall not be held liable for failure to fulfill its obligations hereunder if such failure is due to Customer's tampering with any equipment.

If CarrierConnexInc fails to comply with more than one Guarantee with respect to a Customer at separate times during a calendar month, each Guarantee will be eligible for the granting of Service Credit. Should CarrierConnexInc fail to comply with more than one Guarantee at a single time, such as in the case of a site-wide outage, service credits for those services affected concurrently will not be cumulative. In this case, only the Guarantee producing the greatest measured Service Credit to the Customer will be considered for the granting of Service Credit. Furthermore, If Customer receives more than one Service, Service Credits will not be considered for Services that were not affected by CarrierConnexInc’s failure to comply with any Guarantee.

Section 7: Terms of Agreement. This agreement is not valid without an accompanying Master Services Agreement (MSA) For Data Center Services in effect.

Section 8: Benefits and Burdens. The agreement shall be binding upon, and shall inure to the benefit of, the parties hereto, and their respective legal representatives, successors and assigns.

Section 9: Amendments. Alterations or amendments to this Service Level Agreement shall be of no force or effect unless such alteration or amendment is made in writing and signed by authorized representatives of the parties to this Service Level Agreement.

Section 10: Governing Law and Disputes. Applicable governing law and the process for dispute resolution shall be as set forth in the accompanying Master Services Agreement.