BlackMesh Managed Hosting Service Agreement

1.Definitions
For purposes of the backbone SLA, the following terms have the meanings set forth below:

o "backbone" means BlackMesh owned and operated Internet Protocol (IP) routing infrastructure consisting solely of selected BlackMesh points of presence at which BlackMesh has installed measurement devices

o "network outage" means an instance in which no traffic can pass in or out of the customer edge router through which customer connects to the backbone for more than 15 consecutive minutes.

o "latency" means the average time required for round-trip packet transfers between the backbone and customer edge routers during a calendar month, as measured by BlackMesh.

o "packet loss" means the average percentage of IP packets transmitted between the backbone and customer edge routers during during a calendar month that are not successfully delivered, as measured by BlackMesh.

o "base fee" consists solely of the base monthly fee paid by customer for the affected BlackMesh service and excludes all other fees which might be charged to customer, including, by way of example and not limitation, set-up fees, fees for local loop, space rental fees, charges for additional services such as managed services, incremental bandwidth usage, electricity, extra IP addresses, RAM, or hard drives beyond that which is available without additional charge under BlackMesh's standard rates, hourly support charges, and other types of optional additional services.

2. BlackMesh Backbone Availability
BlackMesh's goal is to make the backbone available to customer free of network outages 100% of the time.

Subject to sections 5 and 6 below, upon customer's request, BlackMesh will issue a credit to customer for network outages in an amount equal to one day's worth of the base fee paid by customer, multiplied by each hour (or portion thereof rounded to the next hour) of the cumulative duration of such network outages during a particular month.

3. BlackMesh Backbone Latency

The overall goal is to keep latency on the backbone to 55 milliseconds or less. Subject to Sections 5 and 6 below, if latency on the backbone for a calendar month exceeds the time frame set forth above for the applicable portion of the backbone, BlackMesh will issue a credit to the customer equal to one day's worth of the base fee paid by customer for such month. The terms of this backbone SLA related to latency will take effect the first full calendar month after the customer's first use of the backbone.

4. BlackMesh Backbone Packet Loss

Packet loss on the backbone shall not exceed 0.1%. If packet loss on the backbone exceeds 0.1% during a calendar month, BlackMesh will issue a credit to customer equal to one day's worth of the base fee paid by the customer for such month.

The terms of this backbone SLA related to packet loss will take effect the first full calendar month after the customer's first use of the backbone.

5. Exceptions

Customer shall not receive any credits under these backbone SLAs in connection with any failure or deficiency of the backbone caused by or associated with:

a. circumstances beyond BlackMesh's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the backbone SLAs;

b. scheduled maintenance and emergency maintenance and upgrades;

c. DNS issues outside the direct control of BlackMesh;

d. false SLA breaches reported as a result of outages or errors of any BlackMesh measurement system; or

e. Customer's acts or omissions (or act or omissions of others engaged or authorized by Customer), including without limitation, any negligence, willful misconduct, or use of the backbone or services in breach of BlackMesh's Terms and Conditions of Service or BlackMesh's Acceptable Use Policy.

6. Credit Request and Payment Procedures

In order to receive a credit, customer must call the BlackMesh billing department at 1-888-473-0854. Each request in connection with a network outage must be received by BlackMesh within seven calendar days of the network outage and must be confirmed by BlackMesh's measurements of the backbone. BlackMesh must receive each request in connection with latency or packet loss in a calendar month within seven days after the end of such month. Each valid credit will be applied to an invoice of customer within two billing cycles after BlackMesh's receipt of customer's request. Credits are exclusive of any applicable taxes charged to customer or collected by BlackMesh. Notwithstanding anything in this backbone SLA to the contrary, the total amount credited to a customer in connection with network outages, latency, and packet loss in any calendar month will not exceed the base fee paid by customer for such month.