As described below, OMEGABYTE.NETWORKS' SLAs provide commitments based upon goals in three key areas:

ONLINE AVAILABILITY
The OMEGABYTE Network will be available to Customer free of Network Outages for 100% of the time.

ONLINE LATENCY
The average monthly Latency (speed) of the OMEGABYTE Network will not exceed 85 milliseconds round-trip.

ONLINE PACKET LOSS
The average monthly Packet Loss (reliability) of the OMEGABYTE network will not exceed 1%.

NETWORK SERVICE LEVEL AGREEMENT
This Service Level Agreement (SLA) applies only to OMEGABYTE.NETWORKS customers receiving service within the contiguous United States who are (i) customers of OMEGABYTE.NETWORKS 56k point-to-point, frame relay (all access speeds), and T1/T3/OC3/OC12, or (ii) colocation and dedicated server customers ("Customer"). This SLA does not apply to other customers of OMEGABYTE.NETWORKS, including, without limitation, those with xDSL, ISDN, Dial, Enterprise Hosting and other services.

This SLA provides Customer with certain rights and remedies regarding the performance of the OMEGABYTE Network. The "OMEGABYTE Network" means the OMEGABYTE.NETWORKS owned and operated Internet Protocol (IP) routing infrastructure consisting solely of OMEGABYTE.NETWORKS measurement devices at selected OMEGABYTE.NETWORKS points of presence ("Selected POPs") and the connections between them in the forty-eight continental United States. The amount of credit available per month is subject to a cap described below.

AVAILABILITY GUARANTEE
OMEGABYTE.NETWORKS's goal is to make the OMEGABYTE Network available to Customer free of Network Outages for 100% of the time. A "Network Outage" is an instance in which no traffic can pass in or out of Selected POPs for more than 15 consecutive minutes.
Upon Customer's request (in accordance with the procedure set forth below), OMEGABYTE.NETWORKS will issue a credit to Customer for Network Outages occurring during any calendar month that are reported by Customer to OMEGABYTE.NETWORKS and confirmed by OMEGABYTE.NETWORKS's measurements of the OMEGABYTE Network. Such credit will be equal to one day's worth of the monthly Access Fee (as defined below) paid by Customer, multiplied by each hour (or portion thereof rounded to the next hour) of the cumulative duration of such Network Outages, not to exceed in any calendar month the Access Fee paid by Customer for that month.

LATENCY GUARANTEE
OMEGABYTE.NETWORKS's goal is to keep Average Round-Trip Latency on the OMEGABYTE Network to 85 milliseconds or less. "Average Round-Trip Latency", with respect to a given month, means the average time required for round-trip packet transfers between Selected POPs on the OMEGABYTE Network during such month, as measured by OMEGABYTE.NETWORKS. If Average Round-Trip Latency on the OMEGABYTE Network for a calendar month exceeds 85 milliseconds, then upon Customer's request (in accordance with the procedure set forth below), OMEGABYTE.NETWORKS will issue a credit to Customer equal to and not to exceed in any calendar month one day's worth of the Access Fee (as defined below) paid by Customer for such month.

PACKET LOSS GUARANTEE
OMEGABYTE.NETWORKS's goal is to keep Average Packet Loss on the OMEGABYTE Network to 1% or less. "Average Packet Loss", with respect to a given month, means the average percentage of IP packets transmitted on the OMEGABYTE Network during such month that are not successfully delivered, as measured by OMEGABYTE.NETWORKS. If Average Packet Loss exceeds 1% during a calendar month, then upon Customer's request (in accordance with the procedure set forth below), OMEGABYTE.NETWORKS will issue a credit to Customer equal to and not to exceed in any calendar month one day's worth of the Access Fee (as defined below) paid by Customer for such month.

The terms of this SLA relating to Average Round-Trip Latency and Average Packet Loss will take effect the first full calendar month after Customer's first use of the OMEGABYTE Network.

ACCESS FEE DEFINITIONS
For dedicated server Customers, the Acess Fee consists solely of the base monthly fee paid by Customer for standard server packages, including the use of the server, the use of electricity to the extent provided to the Customer without additional charge, and up to the amount of data transfer allowed each month without additional charge. The Access Fee for purposes of the SLA credit excludes all other fees which might be charged to the Customer, including, without limitation, charges relating to managed services, incremental bandwidth usage and fees for electricity, extra IP addresses, RAM, or hard drives beyond that which is available without additional charge under OMEGABYTE.NETWORKS's standard rates. This list of potentially excluded fees is offered solely for purposes of illustration and not by way of limitation.

The Access Fee for all other Customers is the base monthly access fee paid by Customer for use of the applicable OMEGABYTE.NETWORKS service at the amount of data transfer allowed each month without additional charge, excluding set-up fees, fees for additional services, and for server and other types of options. Such excluded fees will vary by the type of applicable service, and could consist of fees for local loop, extra and/or burstable bandwidth, add-on components, extra IP addresses, hourly support charges, electricity when an additional fee is charge for such an item, and managed services. This list of potentially excluded fees is offered solely for purposes of illustration and not by way of limitation.

EXCEPTIONS
Notwithstanding anything in the SLA to the contrary, Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the OMEGABYTE Network caused by or associated with:

MEASUREMENT
OMEGABYTE.NETWORKS will periodically (on average every 15 minutes) measure the OMEGABYTE Network at Selected POPs using software and hardware components capable of measuring application traffic and responses at such Selected POPs. Customer acknowledges that not every POP may be covered by such measurements, that such measurements may not measure the exact path traversed by Customer's packets, and that such measurements constitute measurements across the OMEGABYTE Network but not other networks to which Customer may connect. OMEGABYTE.NETWORKS reserves the right to periodically change the measurement points and methodologies it uses without notice to Customer. Measurements for Latency and Packet Loss will be made available to Customer upon written request..

CREDIT REQUEST & PAYMENT PROCEDURE
Requests for credits must be made on the Web site designated by OMEGABYTE.NETWORKS. Each request in connection with a Network Outage must be received by OMEGABYTE.NETWORKS within seven days of the Network Outage. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by OMEGABYTE.NETWORKS within seven days after the end of such month.

Each validly requested credit will be applied to a Customer invoice within 2 billing cycles after OMEGABYTE.NETWORKS's receipt of such request. Credits are exclusive of any applicable taxes charged to Customer or collected by OMEGABYTE.NETWORKS, and are subject to the caps described in the various SLA categories.

Notwithstanding anything in this SLA to the contrary, the total amount credited to a Customer in connection with Network Outages, Average Round-Trip Latency, and Average Packet Loss shall not exceed in any calendar month, when combined, the Access Fee paid by Customer for such month. In addition, the total amount credited under this SLA and under any other service level agreement or form of performance guarantee with respect to a Customer shall not exceed in any calendar month, when combined, the fees paid for the applicable services subject to such service level agreements or performance guarantees.

GENERAL
OMEGABYTE.NETWORKS reserves the right to change or modify this SLA at any time effective upon the posting thereof on this website. Except as set forth in this SLA, OMEGABYTE.NETWORKS makes no claims regarding the availability or performance of the OMEGABYTE Network or OMEGABYTE.NETWORKS services.