This SLA Methodology summary sets forth the Service Level Agreement (SLA) applicable to the Dedicated Internet Access (DIA) family of services provided by AT&T Internet Services and/or AT&T Long Distance. (AT&T ), as specified in your Agreement. AT&T’s DIA Services shall be subject to the SLA set forth in the applicable Terms and Conditions and detailed herein. AT&T’s LAN-ISDN, Dial, and HSI Access services are not eligible for this SLA. This SLA is effective as of the first day of the first whole calendar month after initial DIA Service installation.

A. Network Availability:

AT&T POPs on the IP/MPLS Backbone Network shall be Available” 99.99% of the time in delivering traffic to/from other AT&T POP locations on the IP/MPLS Backbone measured over a calendar month. Network Availability shall be calculated based on an aggregate monthly measurement average between AT&T MegaPOP and MiniPOP endpoints within the USA. Customer shall be entitled to one (1) day’s credit pro-rated from the Customer’s Recurring Monthly Service Fees if AT&T fails to meet the aggregate Network Availability guarantee during any calendar month.

Any calculation of Network Availability shall not include any unavailability resulting from (a) scheduled Network maintenance; (b) the occurrence of a Force Majeure event, (c) unavailability of an AT&T Virtual POP, or (c) the failure of non-service impacting equipment or systems responsible for network measurements..

B. Network Latency:

AT&T’s aggregate monthly average, roundtrip POP-to-POP latency on the IP/MPLS Backbone Network shall be 40.0 milliseconds or less between MegaPOP locations on the AT&T IP/MPLS Backbone. Aggregate monthly roundtrip latency shall be calculated based on the geometric mean of regular measurement samples between AT&T MegaPOP endpoints within the contiguous forty-eight (48) States of the USA. Customer shall be entitled to one (1) day’s credit pro-rated from the Customer’s Recurring Monthly Service Fees if AT&T fails to meet the aggregate Network Latency Guarantee during any calendar month.

Any calculation of Network Latency shall not include any failure attributable to (a) scheduled Network maintenance; (b) the occurrence of a Force Majeure event, or (c) the failure of non-service impacting equipment or systems responsible for network measurements.

C. Network Packet Loss:

AT&T’s aggregate monthly average packet loss between AT&T POPs on the IP/MPLS Backbone shall not exceed 0.1%. Packet Loss shall be calculated based on the arithmetic mean of aggregate monthly measurements between AT&T MegaPOP and MiniPOP endpoints within the USA. Customer shall be entitled to one (1) days credit pro-rated from the Customer’s Recurring Monthly Service Fees if AT&T fails to meet the aggregate Network Packet Loss SLA during any calendar month.

Any calculation of Network Packet Loss shall not include any failure attributable to (a) scheduled Network maintenance; (b) the occurrence of a Force Majeure event, or (c) the failure of non-service impacting equipment or systems responsible for network measurements.

Figure 1: Dedicated Internet Access Service SLA Boundaries

D. Off-Net Performance (AT&T -KB40):

AT&T interconnects with other ISPs and Content Providers to provide an optimal Internet experience to its customers. AT&T shall utilize Keynote Systems to measure the performance of its off-net IP Network connectivity by accessing 40 popular web sites spread across various business sectors (the Keynote Business 40) from within the AT&T domestic IP Backbone network. AT&T’s aggregate monthly average, roundtrip latency of downloading the full page of the Keynote Business 40 web sites from within select domestic AT&T MegaPOP locations on the AT&T IP Backbone shall not exceed 110% of the USA25 Full Page Keynote Business 40 (KB40) Monthly Index. Aggregate monthly roundtrip latency shall be calculated based upon the monthly average of regular measurements between select AT&T MegaPOPs within the USA and each of the domestic Keynote Business 40 web sites. AT&T’s monthly results shall be compared with Keynote System’s KB40 index as measured from other ISP’s networks within the United States. Customer shall be entitled to one (1) day’s credit prorated from the Customer’s Recurring Monthly Service Fees if AT&T fails to meet the Off-Net Performance SLA in any calendar month:

Any calculation of Off-Net Performance Guarantee shall not include any failure attributable to (a) scheduled Network maintenance; (b) the occurrence of a Force Majeure event, or (c) the failure of non-service impacting equipment or systems responsible for network measurements.

E. Internet Service Availability:

AT&T’s Dedicated Internet Access Service will be available to Customer 99.95% of the time in a calendar month. Service Unavailability exists when a particular Customer’s Internet connection is unable to transmit and receive IP Packets to/from On-Net Hosts and AT&T records such failure in the AT&T trouble ticketing system (“Impaired DIA Service”). An On-Net host is defined as any Layer 3-enabled equipment owned and operated by AT&T that responds to ICMP commands such as PING or TraceRoute. Service Unavailability is measured from the time AT&T has actual knowledge of a service outage and a trouble ticket is opened, either in response to notification by the Customer or in response to alarms from internal network management systems, to the time Customer’s Impaired DIA Service is again able to transmit and receive IP Packets from AT&T On-Net Hosts.

If AT&T fails to meet the above Internet Service availability SLS, the for each cumulative hour of Service Unavailability, exceeding the initial twenty (20) minutes of unavailability per month, Customer shall be entitled to one (1) day’s credit pro-rated from Customer’s Recurring Monthly Service Fees for the Impaired DIA Service, not to exceed a total of fifteen (15) day’s prorated recurring monthly service charges. For example, the Customer would be eligible for credits as follows:

Credits will not be applied to customer account due to Service Unavailability resulting from (a) scheduled Network maintenance; (b) the occurrence of a Force Majeure event; (c) customer owned premise equipment issues*; (d) problems isolated to the Local Access Transport and Packet Switching facilities connecting the AT&T POP to the customer’s premise*; or (e) transmission errors across the portion of the Internet which is off-net to AT&T.

(*) Note that these SLA exclusions are associated only with AT&T’s DIA product. Customer may be eligible to receive credits from SLA infractions due to local access transport circuit outages if purchased as a bundled Transport PAK solution. Customer may also be eligible to receive credits from SLA infractions due to local access transport circuit outages and CPE outages if purchased as a bundled Router PAK solution.

F. On-Line Information:

All SLA computations, methodologies, and credit requests are available to Customer at http://dedicated.sbcis.sbc.com/NDWS/sla/. AT&T -Designated MegaPOPs on the AT&T IP/MPLS Backbone within the contiguous 48 States of the USA consist of the following locations: Richardson, Dallas, Houston, Kansas City, Miami, Seattle, Herndon, New York City, San Francisco, Santa Clara, Los Angeles, Irvine, Chicago, Elmhurst, Southfield, Brecksville, Atlanta, & Denver. AT&T reserves the right to add, delete, or modify the number and location of MegaPOPs on the AT&T IP/MPLS Backbone.

G. Scheduled Network Maintenance:

Scheduled Network Maintenance refers to upgrades or modifications to network equipment software, network equipment hardware, or Network capacity. Scheduled Network Maintenance may temporarily degrade the quality of AT&T ’s Internet Service, including the possibility of short-duration outages. Such effects related to Scheduled Network Maintenance shall not give rise to service credits under this SLA. Scheduled Network Maintenance shall be undertaken only on Tuesday and Thursday mornings between the hours of 2:00AM and 5:00AM Central Time in the United States independent of the local time zone of each respective AT&T Point-of-Presence (POP). AT&T shall attempt to provide Customer at least seven (7) calendar days prior notice of Scheduled Network Maintenance activity which has a high likelihood of impairing Customer’s DIA service. If AT&T’s Scheduled Network Maintenance is canceled or delayed, AT&T shall promptly notify Customer and shall comply with the provisions of this Section to reschedule any delayed maintenance activity. AT&T reserves the right to change Scheduled Network Maintenance dates & times upon 30 days notification to Customer.

H. Emergency Network Maintenance:

Emergency Network Maintenance refers to efforts to correct network conditions that are likely to cause a material Service outage and that require immediate action. Emergency Network Maintenance may temporarily degrade the quality of AT&T’s Internet Service, including the possibility of short-duration outages. Such effects related to Emergency Network Maintenance shall entitle Customer to service credits as set forth in this SLA if and only if service degradation or loss-of-service occurs outside of Scheduled Network Maintenance time windows identified in Section G. AT&T may undertake Emergency Network Maintenance at any time deemed necessary and shall provide notice of Emergency Network Maintenance to Customer as soon as is commercially practicable under the circumstances.

I. FORCE MAJEURE:

Neither AT&T nor Customer shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including strikes, slowdowns, picketing or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.