Warp Drive Networks Dedicated Connectivity Service Level Agreement

Warp Drive Networks ("Warp Drive") shall provide Dedicated Access Customers with Service Credit if Warp Drive fails to meet its stated Network Availability Guarantee as detailed in this Service Level Agreement ("SLA"). This SLA is part of Warp Drive's commitment to its Dedicated Access 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.

"Dedicated Access Customer" shall mean any customer with a binding contract for dedicated Internet access of 5 Mbps or less of bandwidth, and shall not apply to special circuits, including those using nonstandard technology, such as ATM, SMDS, wireless service or others, or to Digital Subscriber Line service.

"Warp Drive Network" shall mean the telecommunications network and network components owned and operated by Warp Drive, including points of presence ("POP"). The Warp Drive Network does not include Customer Premises Equipment, telephone circuits between a POP and Dedicated Access Customer's location or any networks or network equipment not owned or controlled by Warp Drive.

"Network Unavailability" shall mean a failure of the Warp Drive Network resulting in Dedicated Access Customer being unable to connect to the Warp Drive Network from Dedicated Access Customer's location. Network Unavailability shall not include failure as a result of Warp Drive Network planned maintenance, other planned outages, packet loss, problems with Dedicated Access Customer's applications, equipment or facilities, acts or omissions of Dedicated Access Customer, any use or user of the service authorized by Dedicated Access Customer, Force Majeure or local access provider outages or service interruptions.

Network Availability Guarantee
Warp Drive guarantees 99.99% network uptime. Any Dedicated Access Customer who experiences Network Unavailability in excess of one (1) hour during a calendar month may receive Service Credit as follows:

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

Unless Dedicated Access Customer has been notified of Network Unavailability by Warp Drive, Dedicated Access Customer shall have notified the Warp Drive Network Operations Center (888-WARPDRIVE) with five (5) business days of the last day of month which the relevant SLA was not met.

Outage Notification Guarantee
Warp Drive guarantees that it shall contact Dedicated Access Customer, either by phone, fax or by email, within two (2) hours after the occurrence of a Network Unavailability resulting in complete downtime for such Dedicated Access Customer. If Warp Drive fails to contact Dedicated Access Customer within two (2) hours of the occurrence of Network Unavailability, Dedicated Access Customer may receive an Eight (8) Hours Service Credit. The Outage Notification Guarantee shall not apply to special circuits, including those using nonstandard technology, such as ATM, SMDS, wireless service or others, or to Digital Subscriber Line service.

Network Latency Guarantee
Warp Drive guarantees an average monthly transmission rate of 90 milliseconds or less on the Warp Drive Network. Any Dedicated Access Customer who experiences average Internet latency in excess of 90 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 Network during any calendar month. Any Dedicated Access Customer who experiences a packet loss on the Warp Drive 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 the Network Availability, Outage Notification, Internet Latency or Packet Loss Guarantees, Dedicated Access Customer shall submit a completed Service Credit Request within five (5) business days after the last day of the month during or for which the event occurred which gives rise to the claim for Service Credit. Warp Drive shall acknowledge receipt of all Service Credit Requests Forms via email within twenty-four (24) hours after such receipt and shall review all requests within ten (10) business days after such receipt. Customer shall be notified via email upon resolution of the request.

Warp Drive in its sole discretion may change, amend or revise this policy at any time. Such changes or revisions shall be deemed effective upon posting an updated Service Level Agreement to Warp Drive's Web site.

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 Dedicated Connectivity Service Agreement will apply.

The Service Credit provided for herein is based on Customers’ compliance with the terms and conditions of its Dedicated 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 or connections.

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.