Service Level Agreement E-Insites' Hosting Services are backed by specific service level guarantees. If these guarantees are not met, the credit set forth below will be issued if requested by the customer and verified by E-Insites, following the procedures outlined below. The total of all credits provided under the SLA are limited to the monthly recurring charges for the affected Hosting Services for the affected month of service.

Network Availability Guarantee - 99.9%

E-Insites' IP Network, as defined in this section, is guaranteed to be available and capable of forwarding IP packets 99.9% of the time, as averaged over a calendar month. E-Insites' IP Network includes the customer's access port (the port on E-Insites' switch upon which the customer's access terminates) and E-Insites' IP Network. E-Insites' IP Network includes E-Insites' owned and controlled routers and switches plus connectivity provided to E-Insites, Inc. by the various providers from whom E-Insites may purchase IP transit directly over facilities the providers own and control.

The E-Insites Network Availability guarantee does not include the local access circuit (e.g. local loop) or Customer Premises Equipment ("CPE") unless those services are provided by E-Insites. E-Insites' Network Availability guarantee does not include the Customer's Local Area Network (LAN), scheduled maintenance events, customer-caused outages or disruptions, interconnections to or from and connectivity within other Internet Service Provider (ISP) networks, and force majeure events. The E-Insites Network Availability guarantee does not include any customer server hardware failure.

If the Network Availability guarantee is not met in a calendar month, the customer may request a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full hour of outage in excess of the .01% guaranteed under this SLA. Limits on the credit and the reporting procedures are detailed below.

Credit Limits and Reporting Procedures

To receive credits, the customer must contact E-Insites' customer service within 5 business days of the occurrence by sending an e-mail to: sla@e-insites.com. This e-mail must contain documentation supporting the claim of an SLA violation such as PING and/or traceroute output taken at the time of the occurrence which demonstrates the problem(s) being reported. E-Insites will take all measures it deems appropriate to investigate reported outages. Determination of credits due pursuant to this SLA will be made solely by E-Insites.

Total credits under this SLA are limited to the monthly recurring charge for the affected Hosting Services for the month in which the service does not meet the guarantees.

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