Warp Drive Networks Colocation Service Level Agreement

Warp Drive Networks ("Warp Drive") shall provide Co-Location Customers with Service Credit if Warp Drive fails to meet its stated Network Quality Guarantee as detailed in this Service Level Agreement ("SLA"). This SLA is part of Warp Drive's commitment to its Co-Location Customers to stand behind its service and network operations.

Definitions:

"Average Monthly Recurring Charges" shall mean the average of the monthly fees for Internet access services charged by Warp Drive, which includes only the base monthly fee and excludes all local loop and other Telco and third-party charges for the three (3) months immediately preceding the month in which the event giving rise to the claim for Service Credit occurs.
"Warp Drive Backbone Network" shall mean the telecommunications network and network components owned or operated by Warp Drive, including points of presence from the Warp Drive Data Center to the point where data leaves Warp Drive's network at a Warp Drive core router and the comparable reverse path. The Warp Drive Network does not include any networks or network equipment or other equipment not owned or controlled by Warp Drive.
"Network Unavailability" shall mean a failure of the Warp Drive Network resulting in Co-Location Customer being unable to connect to the Warp Drive Network from Warp Drive Data center. "Unavailability" shall not include (and for which no Service Credit shall be granted) unavailability due to Warp Drive planned maintenance or other planned outages, packet loss, equipment or software upgrades, customer request, any action performed by Warp Drive in order to maintain or improve Warp Drive's services, any customer equipment, circuit, application, software, code, hardware device failure or malfunction, acts or omissions of Customer and/or Customer's users, denial of credit to Customer, planned or unplanned Warp Drive Telco provider outages, or reasons outside of Warp Drive's reasonable control, such as Force Majeure.

Installation Guarantee
Warp Drive guarantees that installation of service for a Co-Location Customer will be completed within fourteen (14) days after receipt of a signed purchase order/contract. If Warp Drive fails to meet this commitment, upon compliance with the procedures herein, Customer will be eligible to receive Service Credit equal to the full amount of Warp Drive's activation fee that was actually charged to Customer. Customer is required to cooperate with Warp Drive in the installation process including accurate completion of an order form containing detailed information and contact listings.

Availability Guarantees

Hardware Availability
Warp Drive guarantees that all Warp Drive-owned hardware operated and maintained on behalf of Co-Location Customer ("Hardware") will be operational at least 99.9% of the time in each calendar month for standard Co-Location Service. Upon receiving a Service Credit Request, Warp Drive will calculate the duration of any Hardware Unavailability to Hosting Customer.

Warp Drive Data Center Network Availability
Warp Drive guarantees to supply Customers with Warp Drive Data Center Network connectivity ("Data Center Connectivity") at least 99.9% of the time in each calendar month. "Data Center Connectivity" shall mean the connection provided by Warp Drive from, but not including any part of, Co-Location Customer's co-located equipment or from and including the equipment serving Hosting Customer's Web site to, but not beyond, the connection to the Warp Drive Backbone Network. Upon receiving a Service Credit Request, Warp Drive will calculate the duration of the Data Center Connectivity Unavailability to Customer.

Backbone Network Availability
Warp Drive guarantees at least 99.99% Warp Drive Backbone Network uptime in each calendar month. "Backbone Network Unavailability" shall mean the failure of the Warp Drive Backbone Network, for reasons not involving the Warp Drive Data Center Network Availability Guarantee, resulting in Customer's site or equipment being unable to connect to the Warp Drive Backbone Network. Upon receiving a Service Credit Request, Warp Drive will calculate the duration of the Warp Drive Backbone Network Unavailability to Customer.

Calculating Service Credit for Unavailability
The amount of Service Credit that may be granted, upon compliance by Customer with the procedures herein, for failure to comply with an Availability Guarantee set forth herein shall be:

Unavailability equal to or greater than 40 minutes, but less than four (4) hours, in a calendar month: Eight (8) Hours Service Credit.
Unavailability equal to or greater than four (4) hours, but less than eight (8) hours, in a calendar month: one (1) Day Service Credit.
Unavailability equal to or greater than eight consecutive (8) hours in a calendar month: one (1) Week Service Credit.

Outage Notification Guarantee
Warp Drive guarantees that it shall contact Customer's technical contact, either by phone or by email within two (2) hours after the occurrence of any Unavailability affecting any Availability Guarantee that results in complete downtime for such Customer. If Warp Drive fails to contact Customer within two (2) hours of the occurrence of such Unavailability, Customer will, upon compliance with the procedures herein, be eligible to receive an eight (8) hour Service Credit.

Internet Latency Guarantee
Warp Drive guarantees an average monthly transmission rate of 85 milliseconds or less on the Warp Drive Backbone Network. Any Customer who experiences average Internet latency on the Warp Drive Backbone Network in excess of 85 milliseconds, measured at approximately thirty (30) minute intervals and calculated the average at the end of each calendar month may receive Service Credit as follows:

Average Internet latency in excess of 85 milliseconds for any calendar month: one (1) day Service Credit.
Average Internet latency in excess of 85 milliseconds in each of two (2) consecutive calendar months: one (1) week Service Credit.

Packet Loss Guarantee
Warp Drive guarantees that packet loss shall be not more than 0.3% on the Warp Drive Backbone Network during any calendar month. Any Customer who experiences a packet loss on the Warp Drive Backbone Network in excess of 0.3%, measured at approximately thirty (30) minute intervals and calculated the average at the end of each calendar month may receive One (1) Day Service Credit.

Service Claim Procedure
To initiate a claim for Service Credit with respect to any Guarantee, except the Installation Guarantee, Customer shall submit a completed Service Credit Request Form within fourteen (14) days after the end of the month during or for which the event occurred which gives rise to the claim for Service Credit. To be considered for Service Credit with respect to the Installation Guarantee, Customer shall submit a Service Credit Request not later than seven (7) days after the actual installation date, which shall for Co-Location Customers be deemed to be the date that Warp Drive delivers to Co-Location Customer IP address or addresses and makes Co-Location Customer's rack space available for installation of Co-Location Customer's equipment. Customer shall be notified of the projected installation date after Customer's order has been accepted and entered into Warp Drive's accounting and provisioning system. Warp Drive shall acknowledge receipt of all Service Credit Request via email no later than the next succeeding business day after such receipt and shall review all requests within 14 days after such receipt. Customer shall be notified via email upon resolution of the request.

Unless Customer has been notified of any Unavailability by Warp Drive, Customer shall have notified the Warp Drive Network Operations Center (888-WARPDRIVE) of any Unavailability promptly during such Unavailability. Eligibility for Service Credit is based on a failure that is caused solely by a component or components of Customer's service that is managed by Warp Drive.

Service Credit
If Customers’ Service Credit Request is approved, Warp Drive shall issue Service Credit to Customers’ account, which Service Credit shall appear on the invoice issued in the month following the month in which the Service Credit Request Form was approved.

Service Credit shall be Customers’ sole remedy for any failure by Warp Drive to provide Services, including, but not limited to, any Unavailability. In addition, the terms of the Colocation Service Agreement will apply.

The Service Credit provided for herein is based on Customers’ compliance with the terms and conditions of its Colocation Service Agreement with Warp Drive, and the failure of Customer to comply therewith may invalidate Warp Drive's Guarantees provided herein. Furthermore, Warp Drive shall not be held liable for failure to fulfill its obligations hereunder if such failure is due to Customers’ tampering with any equipment.

Service Credits are not cumulative. If Warp Drive fails to comply with more than one Guarantee with respect to a Customer during a calendar month, only the Guarantee producing the greatest measured Service Credit to such Customer will be considered for the granting of Service Credit. Furthermore, If Customer receives more than one Service, Service Credits will not be considered for Services that were not affected by Warp Drive's failure to comply with any Guarantee.