SERVICE LEVEL AGREEMENT

The following are got.net – The Internet Connection, Inc.’s (hereafter referred to as “got.net”) SLA Terms and Conditions. These terms apply only to customers agreeing to a service contract period of one year or more for got.net’s High-Capacity Access or Datacenter Colocation Services and only in respect of the provision of such services during such period and where the customer’s accounts with got.net are in good standing. Availability of this SLA may be subject to further conditions or qualifications set forth in the got.net Service Contract. All remedies set out herein shall not be cumulative, and shall be the customer’s sole and exclusive remedy.

For the purposes of this document the “got.net Network” is defined as the collection of equipment and services internal to got.net points of presence. Access to the “Public Internet” is guaranteed only up to the first hop beyond the got.net Network.

Service Availability
99.99% Service Availability Guarantee

Service Availability Guarantee Scope: Got.net’s Service Availability Guarantee is to have the got.net Network (specifically, any segment of the got.net network responsible for service delivery to the customer) connectivity provided to high-capacity access and datacenter colocation customers available 99.99% of the time.

Electric Power Availability: got.net’s Power Availability Guarantee is to have an uninterrupted flow of electric power as described in the customer’s service contract provided to got.net’s Datacenter and the customer’s colocated equipment 99.99% of the time.

Scheduled Maintenance Scope: Scheduled Maintenance shall mean any maintenance affecting the got.net network segment to which the customer’s service is dependent (a) in respect of which the customer shall be notified 72 hours in advance, and (b) that is performed during a standard maintenance window on Tuesdays and Saturdays from 2200 to 0400 the next day (local time). Notice of Scheduled Maintenance will be provided to Customer’s designated point of contact by a method elected by got.net (telephone, email, fax or pager). Scheduled Maintenance performed on segments of the got.net Network to which the customer is not directly attached that may result in periodic loss of network availability (either to other parts of the got.net Network or to the public Internet) lasting less than 5 minutes during a specific maintenance window will be described and posted at least 72 hours in advance on the got.net Network Status Website at got.net Status.

Emergency Maintenance Scope: Emergency Maintenance shall mean any maintenance deemed imperative for the continued operation of the got.net network that is immediate and/or unplanned in nature. Customers will be notified of Emergency Maintenance by a message posted to the got.net Network Status Website either upon commencement or conclusion of necessary work. Messages posted to the Network Status Website will contain details about the nature of the maintenance event including scope, timeline, and contact information.

Service Availability Guarantee Process: By request, got.net will calculate the customer’s “Service Unavailability” in a calendar month. “Service Unavailability” consists of the number of minutes that the got.net Network or uninterrupted power was not available to the customer. Service Unavailability will not include Scheduled Maintenance, Emergency Maintenance, periods of unavailability not reported to got.net within five days, or any unavailability resulting from (a) any misuse or malfunction of customer equipment, (b) the customer’s applications or equipment, (c) acts or omissions of the customer, or any use or user of the service authorized by the customer, (d) any vendor circuits or equipment or (e) reasons of Force Majeure.

Service Availability Guarantee Remedy: For each cumulative thirty minutes of Service Unavailability in any calendar month, at the customer’s request, the customer’s account shall be credited for the pro-rated charges for one day of the got.net Monthly Service Charge for the service with respect to which a Service Availability Guarantee has not been met, up to a maximum of one month credit during any calendar month. This does not include additional charges such as bandwidth overages.