Service Quality

100% Network Service Availability Guarantee

Network Service Availability Guarantee Scope: SurfCity Network's Service Availability Guarantee is to have Internet connectivity provided to co-location customers available 100% of the time.

Scheduled Maintenance Scope: Scheduled Maintenance shall mean any maintenance at the SurfCity Networks data center at which Customer's server is located (a) of which Customer is notified 48 hours in advance, and (b) that is performed during a standard maintenance window on Wednesdays and Sundays from 3 AM to 6 AM local time of the SurfCity Networks data center at which Customer's server is located. Notice of Scheduled Maintenance will be provided to Customer's designated point of contact by a method elected by SurfCity Networks (telephone, email, fax or pager).

Service Availability Guarantee Process: At Customer's request, SurfCity Networks will calculate Customer's "Network Unavailability" in a calendar month. "Network Unavailability" consists of the number of minutes that the Internet was not available to Customer, and includes unavailability associated with any maintenance at the SurfCity Networks data center where Customer's server is located other than Scheduled Maintenance. Outages will be counted as Network Unavailability only if SurfCity Networks notifies Customer of the outage in accordance with the Outage Reporting Guarantee set forth below or if Customer opens a trouble ticket with SurfCity Networks customer support within five days of the outage. Network unavailability will not include Scheduled Maintenance, or any unavailability resulting from (a) any Customer circuits or equipment, (b) Customer's applications or equipment, (c) acts or omissions of Customer, or any use or user of the service authorized by Customer or (d) reasons of Force Majeure.

Service Availability Guarantee Remedy: For each cumulative hour of Network Unavailability or fraction thereof in any calendar month, at Customer's request Customer's account shall be credited for the pro-rated charges for one day of the SurfCity Networks Monthly Charge for the service with respect to which a Service Availability Guarantee has not been met.

Customer Care Quality

Outage Reporting Guarantee

Outage Reporting Guarantee Scope: SurfCity Network's Outage Reporting Guarantee is to notify Customer within 15 minutes after SurfCity Network's determination that Customer's service is unavailable. SurfCity Network's standard procedure is to ping customer's co-located equipment every five minutes. If Customer's equipment does not respond after two consecutive five-minute ping cycles, SurfCity Networks will deem the service unavailable and will contact Customer's designated point of contact by email.

Outage Reporting Guarantee Process: The Outage Reporting Guarantee is applicable only if Customer completes SurfCity Networks Customer Information Form in its entirety or registers for the Outage Reporting Guarantee in writing. Customer is solely responsible for providing SurfCity Networks accurate and current contact information for Customer's designated points of contact. SurfCity Networks will be relieved of its obligations under this Outage Reporting Guarantee if SurfCity Network's contact information for Customer is out of date or inaccurate due to Customer's action or omission or if SurfCity Network's failure is due to reasons of Force Majeure.

Outage Reporting Guarantee Remedy: If SurfCity Networks fails to meet the Outage Reporting Guarantee, at Customer's request Customer's account shall be credited the pro-rated charges for one day of the SurfCity Networks Monthly Charge for the service with respect to which this Guarantee has not been met; provided, that Customer may obtain no more than one credit per day, irrespective of how often in that day SurfCity Networks failed to meet the Outage Reporting Guarantee.

Install Guarantee

Install Guarantee Scope: SurfCity Network's Co-location Install Guarantee is to have installation of Internet connectivity and Customer co-location cabinet completed within 14 business days.

Install Guarantee Process: These dates shall be counted from the date SurfCity Networks has received all of the following from Customer: signed Service Agreement, completed Customer Information Form, Completed Co-location Configuration Form, proof of insurance and (if requested by SurfCity Networks) completed credit application. The Co-location Install Guarantee is not available for Customer-ordered circuits or if installation delay is attributable to Customer equipment, acts or omissions of Customer, its employees or agents, Customer not passing SurfCity Network's credit check, or reasons of Force Majeure.

Install Guarantee Remedy: Upon receiving from SurfCity Networks notice that SurfCity Networks is prepared to provide Customer with password and login information for Customer's server, Customer shall have ten (10) days within which to contact Customer's installation engineer if Customer believes SurfCity Networks has failed to meet the Server Install Guarantee. If Customer contacts SurfCity Networks within such ten (10) day period and if SurfCity Networks determines in its reasonable commercial judgment that SurfCity Networks has failed to meet this Co-location Install Guarantee, Customer's account shall be credited 50% of SurfCity Network's standard Install Fee for the service with respect to which this Guarantee has not been met.

Power Availability Guarantee

Power Availability Guarantee Scope: SurfCity Network's power availability guarantee is to have the SurfCity Networks AC power provided to Customer's co-location equipment available 100% of the time.

Power Availability Guarantee Process: "Power Unavailability" consists of the number of minutes that AC power was not available to Customer's co-location equipment. Outages will be counted as Power Unavailability only if Customer opens a trouble ticket with SurfCity Networks Customer support within five days of the outage. Power unavailability will not include unavailability resulting from (a) any Customer circuits or equipment, (b) Customer's applications or equipment, (c) acts or omissions of Customer, or any use or user of the service authorized by Customer or (d) reasons of Force Majeure.

Power Availability Guarantee Remedy: For each cumulative hour of Power Unavailability or fraction thereof in any calendar month, at Customer's request Customer's account shall be credited the charges for one day of the SurfCity Networks Monthly Charge for the service with respect to which a Power Availability Guarantee has not been met