ZUBR COMMUNICATIONS SLA
VERSION 2.00
JUNE 8, 2004

Zubr Communications, L.L.C. provides the following Service Level Agreement for its Internet services ("Service" or "Services")

1. GENERAL

Please read this Standard SLA carefully and identify the portion of the SLA that applies to your Service. Only Customers, whose account is in the good standing at the time the event causing SLA violation takes place, are eligible for SLA credit. No SLA credit will be given to any Customer whose Service had been the subject of administrative action from Zubr Communications, including, but not limited to, service restriction, service suspension or service termination. Zubr Communications may change the terms of the Standard SLA at any time and for any reason.

2. AMENDED SLA

If your Service is covered by the Amended SLA, please note that the terms of the Amended SLA supercede the terms of the Standard SLA. Please contact your sales representative should you have any questions.

3. RFO REQUESTS

Customers of Zubr Communication can request and shall receive the RFO (Reason for Outage) request for any event that had an effect of breaching the SLA.

4. DENIAL OF SERVICE ATTACK EXCLUSION

While Zubr Communications believes that its network infrastructure is capable of withstanding Denial-of-Service attacks, SLA violations caused by Denial-of-Service attacks against individual Customer, Zubr Communications or Zubr Communications infrastructure are excluded from the events covered by the Standard SLA. During the Denial-of-Service attack, Zubr Communications may filter out all or some of the traffic to the attack destination(s) or from the attack source(s).

5. SLA CLASSES

(a) Managed Access Service, Dedicated Managed Service, Dedicated Unmanaged Service is covered by the following portions of the SLA:

• Network Uptime Guarantee.
• Zero Packet Loss Guarantee.
• Hardware Guarantee.

(b) Co-location Service is covered by the following portions of the SLA:

• Network Uptime Guarantee.
• Zero Packet Loss Guarantee.

(c) Virtual Hosting Services, excluding services provided on the Zubr Unmetered Service Platform, is covered by the following portions of the SLA:

• Total Uptime Guarantee.

6. DEFINITIONS

"Basic Service Fee" : Base fee charged by Zubr Communications for its services, excluding the Bandwidth Overage Fees, Storage Overage Fees, Administrative Fees, or Financing Charges.

7. NETWORK UPTIME GUARANTEE

Zubr Communications guarantees the network will be available 100% of the time in any given month, excluding any scheduled maintenance. Network uptime includes all the network infrastructure of Zubr Communications used to normally service the customer, including routers, switches and cabling. Network downtime is measured from the period Zubr Communications records the presence of the problem via a trouble ticket opened by a Customer or a Master Trouble Ticket opened Zubr Communications, until the time the service is restored. Should Zubr Communications network become unavailable, for every twenty minutes of downtime, Zubr Communications will credit five (5) percent of Base Monthly Service Fee.

8. ZERO PACKET LOSS GUARANTEE

Zubr Communication guarantees 0% packet loss on its network from the port servicing the Customer to the handoff between Zubr Communications and network that Zubr Communications selects to use to transit Customer.s traffic, excluding scheduled maintenance for services with SLA covered by Zero Percent Packet Loss Guarantee with the exception of any unmetered services, rate limited services or Customer exceeding eighty (80) percent of service port speed. If the packet loss on covered by the Zero Packet Loss Guarantee exceeds zero (0) percent for a period of four (4) hours, Zubr Communications will credit the Customer five (5) percent of the Base Monthly Service Fee, every four (4) hours. The Packet Loss Guarantee violation event is measured from the period Zubr Communications records the presence of the packet loss via the trouble ticket opened by the Customer or the Master Trouble Ticket opened by Zubr Communications staff, until the time the packet loss is shown to be zero (0) percent, as measured by a known working device attached to the Customer.s port ability to receive one thousand (1,000) ICMP_ECHO_REPLY in a response to ICMP_ECHO_REQUEST using ping(8) command with the interface address of the transit network selected by Zubr Communications to deliver Customer's traffic.

9. HARDWARE GUARANTEE

Zubr Communications guarantees the functionality of all hardware components provided to the Customer. Should any of the components provided to the Customer fail, Zubr Communications will replace it at no cost to the Customer. The failed component(s) will be replaced within two (2) hours after Zubr Communications identifies the component causing the problem. If the replacement takes longer than two (2) hours, Zubr Communications will credit five (5) percent of the Base Monthly Service Fee for every additional twenty (20) minutes it takes to replace the failed component, up to the entire base Monthly Service Fee amount. This guarantee excludes the time it takes to perform any work involving software maintenance, including, but not limited to restoring user data from backup(s), time to rebuild RAID array(s), time to load additional software, configure firewalls, or customize software installation.

10. TOTAL UPTIME GUARANTEE

Zubr Communications guarantees services covered by Total Uptime Guarantee to be up 99.99% of time in any given month, excluding any scheduled maintenance. The service is defined to be up when a valid GET / HTTP/1.0 request to the Server servicing Customer's domain returns a valid HTTP response, including but not limited to response that indicated an error in a configuration section controlled by the Customer. This guarantee excludes errors, including timeout errors, locking errors, IPC errors or other programming errors, bugs or "features" in the scripts utilized by the Customer. This guarantee also excludes the domains not serviced by Zubr Communications Authoritative Name Servers. In the event of Total Uptime Guarantee violation the Customer for every one (1) hour of Total Uptime Guarantee violation, the Customer shall be credited (5) five percent of Base Monthly Service fee, up to the entire Base Monthly Service fee amount.