I. Scope This Service Level Agreement (“SLA”) is incorporated into the Services Agreement by and between Southern Web Group, LLC (“SWG”) and the Customer. SWG shall endeavor to meet the performance standards and services levels set forth in this SLA with respect to the Services provided to the undersigned Customer. The credit allowances and the rights provided in this SLA and the Agreement are the Customer’s sole and exclusive remedies for failure of SWG to comply with the Service Levels provided in this SLA.

A. Network Availability. The SWG network shall be available for use by Customer with the Services provided under the Agreement at least 99.999% of the available time (“Network Availability”). This parameter is calculated by dividing the number of minutes that the Services are available for Customer’s use by the total number of minutes in each calendar month and multiplying by 100. In calculating Network Availability, the reasons or causes set forth in Section A.3 of this SLA shall not be included in determining whether SWG has met the applicable performance standard for Network Availability. For example, if the Services experience an outage for One (1) day due to a Force Majeure (flood) event, and otherwise experience no other outage or Service Interruption during the applicable month, SWG will be deemed to have met the Network Availability performance standard of 99.999%.

1. Service Interruption. A Service Interruption or an outage in Services is not a Default under the Agreement, but will entitle Customer to credits as provided in this SLA. A Service Interruption is a loss of Services to the Customer that adversely affects the ability of Customer to use the Services. A Service Interruption period begins when Customer makes a Trouble Report (as defined below) to SWG under the methods and procedures set forth in Section II of this SLA and ends when SWG restores the Services to Customer.

2. Service Interruption Credits for Network Availability. A Credit Allowance will be given in any month during the term of the Agreement when there is a Service Interruption that qualifies for a credit allowance. The amount of the Credit Allowance shall be as follows:

Services Interruption Length Credit
Less than 4 continuous hours None
4 hours or more 1/15 of monthly MRC due for the applicable month for each 4 hour period or fraction thereof

3. Exceptions to Credit Allowance. Credit Allowances shall not be provided for Services Interruptions: (i) caused by Customer, its employees, agents or subcontractors; (ii) due to failure of power or other equipment provided by Customer or the public utility company supplying power to SWG or Customer; (iii) during any period in which SWG is not allowed access to the premises of Customer to access SWG equipment; (iv) due to scheduled maintenance and repair; (v) caused by or due to violations of the SWG Acceptable Use Policy (AUP); (vi) caused by fiber optic cable cuts on the Customer’s property which are not the fault of SWG; (vii) caused by a loss of service or failure of the Customer’s internal wiring or other customer equipment; or (viii) due to Force Majeure events. In no event shall Customer receive more than One (1) month’s MRC as credit for Service Interruptions or outages in any thirty (30) day period regardless of the number of Service Interruptions or outages.

4. Exceptions to Service Credit. Service Credits shall not be provided for Outages or Degradations: (i) caused by Customer, its employees, agents or subcontractors; (ii) due to failure of power or other equipment provided by Customer or the public utility company supplying power to Customer; (iii) due to scheduled maintenance and repair; (iv) caused by or due to violations of the SWG Acceptable Use Policy; (vi) caused by fiber optic cable cuts on the Customer’s property which are not the fault of SWG; (vi) caused by a loss of service or failure of the Customer’s internal wiring or other Customer equipment; (vii) caused by a malicious person or persons against Customer; or (viii) due to Force Majeure events. In no event shall Customer receive more than One (1) month’s Monthly Recurring Charge (hereafter, “MRC”) as credit for Outages or Service Degradations in any thirty (30) day period regardless of the number of Outages or Degradations.

5. Major Outage. If five (5) times during the term of the Agreement, the Services to the Customer experience a Service Interruption for a period greater than One (1) business day, (“Major Outage”) other than as a result of the causes set forth in Section A.3 above, Customer may terminate this Agreement without charge or payment of any termination charges otherwise provided in the Agreement; provided Customer complies with the notification process described in this Section 5. Within thirty (30) days of the occurrence of the 5th Major Outage Customer shall notify SWG in writing of its election to terminate this Agreement and this Agreement shall terminate upon SWG's receipt of such notice. If Customer fails to notify SWG within thirty (30) days of the 5th Major Outage, of its intent to terminate, then Customer shall be deemed to have waived its right to terminate this Agreement under this Section 4 until the occurrence of a subsequent Major Outage, if any. Upon termination under this Section 4, neither party shall have any further rights, obligations, or liabilities to the other party, except those accrued through the termination date, and that expressly survive termination of this Agreement.

6. Trouble Reports. SWG shall maintain a twenty-four (24) hour, seven (7) day a week point-of-contact for Customers to report Service troubles, outages or Service Interruptions. Customer shall call Trouble Reports to (404) 848-9440. A “Trouble Report” means any report made by Customer relating to the Services provided by SWG.

7. Notification of Service Affecting Activities. SWG may provide Customer reasonable notification of service activities that occur in normal operation of its business. Such activities may include, but are not limited to, equipment or facilities additions, removals or rearrangements and routine preventive maintenance. Generally, such activities are not specific to Customer but affect many customers’ services. No specific advance notification period is applicable for all service-affecting activities. SWG will work cooperatively with Customer to determine the reasonable notification requirements, if any. However, for some emergency or unplanned service-affecting conditions, such as outage resulting from cable damage, notification to Customer may not be possible. These service-affecting activities shall not be construed in such a way as to create or add to a Service Credit.

Customer and SWG agree to the terms and conditions of this Service Level Agreement. The credit allowances and the rights provided in this SLA and the Agreement are the Customer’s sole and exclusive remedies for failure of SWG to comply with the Service Levels provided in this SLA.

Last Updated: December 28,2007