Service Level Agreement

2. QUALIFICATION

Service level agreements are available to customers who purchase GOLD and small business data products.

Residential customers do not quality.

3. VOICE SERVICE

The Service Level Agreement (SLA) is effective as of the first day of the second month after initial installation of Services. The goals associated with Voice Availability, SLAs set forth below are measured using monthly averages of the SUMOFIBER Voice Network.

4. VOICE AVAILABILITY

The Voice Availability Goal for SUMOFIBER Local Service is 99.9%. Voice availability is based on "Network Downtime", which exists when a particular circuit of customer is unable to transmit and receive voice calls. Such failure is recorded in SUMOFIBER's trouble ticket system. Network Downtime is measured from the time the trouble ticket is opened to the time the affected Service is again able to transmit and receive Voice calls. Any delay times associated with SUMOFIBER's ability to access the Customer's premises will be subtracted from the total Network Downtime." In the event SUMOFIBER does not meet this Voice Availability Service Level, subject to the restrictions and exclusions in Section 4 below, Customer's exclusive remedy shall be a service credit off of the MRC (monthly recurring charge) associated with the affected Service based on the SLA in excess of this Service Level in the particular month as set forth in the following table not to exceed 25% of customer monthly billing:

5. DATA SERVICE

The Service Level Agreement (SLA) is effective as of the first day of the second month after initial Installation of Services.

6. DATA NETWORK AVAILABILITY

Network Availability is defined as the ability to pass incoming and outgoing traffic through SUMOFIBER's network. The Data Availability Goal for SUMOFIBER Data Service is 99.9%. Data availability is based on "Network Downtime", which exists when a particular circuit of customer is unable to transmit and receive Data. Such failure is recorded in SUMOFIBER trouble ticket system. Network Downtime is measured from the time the trouble ticket is opened to the time the affected Service is again able to transmit and receive Data. In the event SUMOFIBER does not meet this Data Availability Service Level, subject to the restrictions and exclusions in Section 3 below, Customer's exclusive remedy shall be a service credit off of the MRC associated with the affected Service based on the SLA in excess of this Service Level in the particular month as set forth in the following table not to exceed 25% of customer monthly billing:

6. PACKET DELIVERY

The Data Packet Delivery Goal for SUMOFIBER Data Service is 99.9%. Packet Delivery will be measured on an ongoing basis every five minutes to adequately determine a consistent average monthly performance level for packets actually delivered between SUMOFIBER Gateways on the SUMOFIBER IP network. Such failure is recorded in SUMOFIBER trouble ticket system. In the event SUMOFIBER does not meet this Data Packet Delivery Service Level, subject to the restrictions and exclusions listed in section 3, Customer's exclusive remedy shall be a service credit off of the MRC associated with the affected Service based on the SLA in excess of this Service Level in the particular month as set forth in the following table not to exceed 25% of customer monthly billing:

7. LATENCY

The average network delay ("Latency") will be measured via roundtrip pings on an ongoing basis every five minutes to adequately determine a consistent average monthly performance level for Latency at the relevant POPs. Latency is calculated as follows:

A. Components Included. The average network delay ("Latency") will be measured via roundtrip pings on an ongoing basis every five minutes to adequately determine a consistent average monthly performance level for Latency at the relevant POPs. Latency is calculated as follows:

8. MAINTENANCE

"Normal Maintenance" refers to upgrades of hardware or software or upgrades to increase capacity. Normal Maintenance may temporarily degrade the quality of the Service, including possible outages. Such effects related to Normal Maintenance will not give rise to service credits under this SLA. Normal Maintenance will be undertaken only as follows: (a) between the hours of 12 midnight and 6:00 AM Local Time. For purposes of this SLA, "Local Time" refers to the local time in the time zone in which an Affected Service is located. "Urgent Maintenance" refers to efforts to correct network conditions that are likely to cause a material Service outage and that require immediate action. Urgent Maintenance may degrade that quality of the Services, including possible outages. Such effects related to Urgent Maintenance will entitle Customer to service credits as set forth in this SLA. SUMOFIBER may undertake Urgent Maintenance at any time deemed necessary and will provide notice of Urgent Maintenance to Customer as soon as is commercially practicable under the circumstances.

9. Limitations

Notwithstanding anything in this Service Schedule to the contrary, Customer will not be entitled to a service credit for an outage that is the direct result of any network failure associated with the local loop or any other facilities that are not owned, operated or controlled by SUMOFIBER.

10. Customer Termination Rights

Customer may terminate the Affected Services without early termination charges if, in any single calendar month: (a) Network Downtime exists for at least Sixty (60) hours in the aggregate; or (b) any single event entitling Customer to credits under Network Availability exists for a period of at least thirty six (36) consecutive hours. Such termination must be conducted by written notice to SUMOFIBER, and no later than five business days following the end of the relevant calendar month; otherwise, Customer waives its rights to termination based on subsection (a) or (b) herein. After receipt of written notice of termination such termination will be effective after services have been transferred to another service provider.

11. Exclusive Remedy

Given that damages from service interruptions or other failures to provide the Service under this SLA would be impossible to ascertain, and that the remedies stated in this SLA have been determined as a reasonable estimate of compensation, and not as a penalty, Customer's remedy shall be fixed and liquidated as set forth in this SLA. In no event will the total remedies available to Customer exceed those set forth in this SLA. The provisions of this SLA state Customer's sole and exclusive remedies for Service interruptions or Service deficiencies of any kind whatsoever.

12. Remedies

Each Service outage is treated as a discrete event; therefore, the credits specified in the SLA shall be given for each separate Service outage. The number of minutes of separate Service outages will not be cumulated to determine the percentage of credit. In order to request SLA credits, Customer must contact SUMOFIBER Customer Service. In order to receive service credits set forth herein, such requests shall be made no later than five business days following the last day of the month in which the relevant SLA was not met. Failure to comply with these service credit request requirements will forfeit your right to receive a credit. A credit will be applied only to the month in which the event giving rise to the credit occurred. The maximum SLA credits issued in any one calendar month will not exceed: 25% of the MRCs of the Affected Service with respect to the SLA. "Affected Service" refers to the particular Product that fails to meet the relevant SLA. In no event will the total credit, in the aggregate for all credits issued in one month exceed the equivalent of 25% of the relevant MRCs for the Affected Service. The Customer may not deduct or set-off a service credit, if any, from an invoice, but must, in all cases, wait for the invoice to reflect the service credit before the Customer can realize it.

13. Service Credit Exceptions

An outage shall not be deemed to have occurred in the event that the service is unavailable or impaired due to any of the following:

1. Interruption on a service for which the Start of Service Date has not yet commenced;
2. Interruptions caused by the negligence, error or omission of Customer or others authorized by Customer to access, use or modify the Service or equipment used by Customer;
3. Interruptions due to power failure at customer premises, or the failure or poor performance of CPE;
4. Interruptions during any period in which SUMOFIBER or its agents are not afforded access to the premises where the access lines associated with the Service are terminated, provided such access is reasonably necessary to prevent a degradation or to restore Service;
5. Interruptions during any period that SUMOFIBER has communicated to Customer in any manner that the Service will be unavailable for Normal Maintenance or grooming purposes, or Customer has released the Service to SUMOFIBER for the installation of a customer Service Order;
6. Interruptions during any period that Customer elects not to release the Service for testing and/or repair and continues to use it on an impaired basis;
7. Interruptions resulting from Force Majeure;
8. Interruptions resulting from Customer's use of Service in an unauthorized or unlawful manner;
9. Interruptions resulting from a SUMOFIBER disconnect for Cause;
10. Interruptions resulting from incorrect, incomplete or inaccurate Service orders from Customer (Including without limitation Customer's over subscription of Circuits);
11. Interruptions due to improper or inaccurate network specifications provide by customer;
12. Interruptions resulting from a failure of a carrier other than SUMOFIBER providing Local Access Services including CPE;
13. Special configurations of the standard service that has been mutually agreed to by Qwest or Utopia and Customer; provided, however, SUMOFIBER may provide a separate service level agreement to Customer for those special configurations;
14. SUMOFIBER inability to deliver Service by the Customer Commit Due;
15. Interruptions caused by circumstances beyond the reasonable control of SUMOFIBER or its agents.

SumoFiber reserves the right to modify the Service Level Agreement at any time without notice.