EFTA00704675.pdf

Service Level Agreement __ telecom Lt.v)v Internet Services Network Availability tw telecom ("TVVTC")'s Internet Services will be available to Customer at least 99.99% of the time in a calendar month ("Network Availability") or Customer will receive service outage credits per the table below. A service outage causing Network non-availability is defined as the inability to transmit and receive data due to a failure in TWTC's equipment or network ("Service Outage"). Credits are based upon a percentage of the monthly recurring charge ("MRC") for the non- performing Internet Service as follows: Per Service Outage Percentage Credit Up to 5 minutes (99.99% availability) No Credit 5 minutes up to 4 hours 5% of the MRC 4 hours up to 8 hours 10% of the MRC 8 hours up to 12 hours 15% of the MRC 12 hours up to 16 hours 20% of the MRC 16 hours up to 24 hours 35% of the MRC 24 hours or greater 50% of the MRC Network Latency TWTC's Internet Services will have an average round-trip transmission of 45 milliseconds ("ms") or less between TWTC Internet points of presence ("POPs") in the forty-eight contiguous United States and an average round-trip transmission of 75 milliseconds or less between TWTC Internet POPs in the forty-eight contiguous states plus Hawaii ("Latency"). If TWTC fails to meet the applicable Latency standard, credits will be calculated per the table below. Credits are based upon a percentage of the MRC for the non-performing Intemet Service as follows: 48 Contiguous U.S. 48 Contiguous U.S. + Hawaii Credits 0.00 to 45.00 ms 0.00 to 75.00 ms No Credit 45.01 to 55.00 ms 75.01 to 85.00 ms 5% of the MRC 55.01 to 60.00 ms 85.01 to 90.00 ms 10% of the MRC 60.01 to 65.00 ms 90.01 to 95.00 ms 15% of the MRC 65.01 to 70.00 ms 95.01 to 100.00 ms 20% of the MRC 70.01 to 75.00 ms 100.01 to 105.00 ms 35% of the MRC 75.01 ms or greater 105.01 ms or greater 50% of the MRC Version 3.1 1/9/09 tw telecom - Confidential Page 1 of 2 EFTA00704675  c-v)v telecom Packet Delivery TWTC's Internet Services will have packet delivery of 99.9% or greater. Packet Delivery is determined by averaging sample measurements taken during the most recent full calendar month between TWTC Internet POPs. If TWTC fails to meet the applicable Packet Delivery objective, credits will be calculated per the table below. Credits are based upon a percentage of the MRC for the non-performing Internet Service as follows: Packet Delivery Credits 99.9% or greater No Credit 99.5% to 99.8% 5% of the MRC 99% to 99.4% 10% of the MRC 98% to 98.9% 15% of the MRC 97% to 97.9% 20% of the MRC 96% to 96.9% 35% of the MRC Less than 96% 50% of the MRC On-time Installation For Internet Services provisioned completely on TWTC's Network, TWTC will complete installation within 12 business days from the date the Service Order is received by TWTC's Provisioning Network Operations Center ("PNOC"). For Off- net Services (provisioned through another provider), TWTC will complete installation within 12 business days from the date the Service Order is received by the PNOC, plus the underlying provider's actual installation interval. If TWTC fails to meet the installation interval, it will provide Customer with a 50% credit off the installation fee set forth in the applicable Service Order. General Terms Applicable to Service Level Agreement Customer shall report problems with its Services by contacting TWTC's Customer & Network Reliability Center ("CNRC) at 1-800-829-0420. TWTC will open a trouble ticket and provide a trouble ticket number for tracking purposes. For the purpose of determining the applicable credit, a Service Outage begins when the Customer reports the Service Outage to TWTC's CNRC and ends when the Service is restored. Credits are provided to Customer only upon request by Customer. The resources, equipment and methodology used to measure service level metrics are determined by TWTC in its sole discretion. Service Outages and failures to meet the performance objectives herein do not include outages and failures caused by the equipment, acts or omissions of Customer or its End Users, Force Majeure events, fiber cuts caused by third-parties, failure of elements of the Internet outside of TWTC's control or outages occurring during scheduled or emergency maintenance. Standard maintenance windows are based on the time zone of a city's location and are available at: http://info.tvitelecom.net/info.php?id=1. The duration of a Service Outage does not include any time during which TWTC is denied access to the premises necessary to restore the Service. The remedies set forth in this service level agreement and in the Standard Terms and Conditions executed by Customer (incorporated by this reference) are Customers sole and exclusive remedies if there are Service Outages and/or failures to meet the performance objectives in this Service Level Agreement. Credits issued during any calendar month, for any reason(s), will not exceed the MRC associated with the troubled Service. Performance Metrics Available at TWTC's Website Monthly Network Latency and Packet Delivery averages may be viewed at: Version 3.1 119109 tw telecom - Confidential Page 2 of 2 EFTA00704676