Xspedius 99.999% 99.95% 99.99% 2-6 hours 60 ms 0.5% Yes, see notes See notes Xspedius's SLA was last updated Monday January 25, 2010 Internet Availability is defined as the ability for Xspedius’ customers to exchange traffic from their network, across Xspedius’ network to Xspedius’ Internet peering points. Availability of access through the CPE is not guaranteed unless Xspedius provides Managed Router or Managed Firewall service, in which case availability of access through the CPE is guaranteed under the terms of the Managed Router or Managed Firewall service. Availability of access through the local loop to Xspedius’ network is not guaranteed, unless Xspedius provides the local loop entirely on Xspedius’ own facilities. Availability is a measurement of the percent of total time that service is operative when measured over a 365-consecutive-day (8760 hour) period. DS-1 Service is considered inoperative when there has been a loss of signal or when two consecutive 15-second loop-back tests confirm the observation of any severely errored seconds or a bit error rate equal to or worse than 1 x 10^6. Maximum latency Guarantee = 100ms
Metro Ethernet & Long Haul Data Circuits both qualify as data circuitry Repair effort will be undertaken upon notification of trouble by internal network surveillance and network surveillance and performance systems or by notification of trouble and release of DS-1 Service by the Customer for testing. Xspedius shall comply with the following for Mean Time to Restore (“MTTR”):

2 hours (network equipment)
6 hours (first fibers on cable). Median round-trip latency - Xspedius use “median” rather than “mean” (average) because it provides a more accurate network performance parameter that is not affected by performance anomalies. The median number will be determined by evaluating samples taken throughout the calendar month. Average packet loss will be calculated by evaluating samples taken from tests run between Xspedius’ network core hubs over the course of a calendar month. Xspedius shall notify Customer 48 hours prior to any Planned Outages and keep Customer apprised of the status of such Planned Outage. Cancellation before installation without penalty. Once service is accepted by customer the contract starts and the penalty is 100% of the contracted monthly recurring revenue times the remaining months in the contract.