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Vendhost is proud to offer an exceptional level of performance, reliability, and service. That is why we are
making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain
rights and remedies regarding the performance of the Vendhost network. The Vendhost Service Level
Agreement (SLA) guarantees our network/equipment reliability and performance.

Uptime Guarantee:

Vendhost strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a
monthly figure, and is is calculated solely by Vendhost monitoring systems or Vendhost authorized/contracted
outside monitoring services. If Vendhost fails to meet it's 99.5% uptime guarantee, and it is not due to one of
the exceptions below, credits will be made available to each client, upon request, on a case by case basis.
Vendhost does not credit a full month's service for minor downtime. This would not be financially healthy for
Vendhost and in turn would only negatively affect the service level Vendhost provides to you. "Partial refunds
for partial downtime" is our standard policy. In extreme circumstances, Vendhost may distribute full month
credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be
found below.

Exceptions:

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the
Vendhost network caused by or associated with:

Circumstances beyond reasonable control, including, without limitation, acts of any governmental
body, war, insurrection, sabotage, embargo, "Acts of God" (ie...fire, flood, earthquake, tornado, etc...),
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
Service Level Agreement

Telco Failure (ie...Verizon™ cutting a fiber line somewhere)

Backbone peering point issues (ie...UUnet™ having a router go down in Virginia that wipes out
internet service for the entire East Coast)

Scheduled maintenance for hardware/software upgrades

Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). v™ utilizes only name
brand hardware of the highest quality and performance.

Software bugs/flaws (Expolits and bugs may develop that cause security issues or downtime)

DNS issues not within the direct control of Vendhost

Network floods, hacks, attacks from outside parties or individuals

Failure or error of any Vendhost monitoring or measurement system

Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of
Vendhost service(s) in breach of Vendhost Policy and Service Guidelines (AUP), by Client or others
authorized by Client.

Connectivity:

Vendhost goal is to make the Vendhost network available to Client free of outages for 99.5% of the time. An
"outage" is defined as an instance in which Client is unable to transmit and receive IP packets due to a
Vendhost service failure for more than 15 consecutive minutes, excluding service failures relating to Vendhost
scheduled maintenance and upgrades. The Vendhost network does not include client premises equipment or
any Telco access facilities connecting Client's premises to such infrastructure. Vendhost goal is to keep
Average Round-Trip Latency on the Vendhost network to 85 milliseconds or less. Vendhost defines "Average
Round-Trip Latency", with respect to a given month, as the average time required for round-trip packet
transfers between the Vendhost network and major US backbone peering points during such month, as
measured by Vendhost. Vendhost,s goal is to keep Average Packet Loss on the Vendhost network to 1% or
less. Vendhost defines "Average Packet Loss", with respect to a given month, as the average percentage of IP
packets transmitted on the Vendhost network during such month that are not successfully delivered, as
measured by Vendhost.

Measurement:

Vendhost will periodically (on average every 10 minutes) monitor Vendhost network and server availability
using software and hardware components capable of measuring application traffic and responses. Client
acknowledges that that such measurements may not measure the exact path traversed by Client's internet
connection, and that such measurements constitute measurements across the Vendhost network but not
other networks to which Client may connect. Vendhost reserves the right to periodically change the
measurement points and methodologies it uses without notice to Client. Full network and server reporting will
be posted to a location designated by Vendhost and made available to Client.

Hardware Failure:

Vendhost stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor
avoided. Vendhost utilizes only name brand hardware of the highest quality and perfomance. Vendhost will
replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes
hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete
network/server outage/downtime will be corrected within two hours of problem identification. Router failure is
an exception to this SLA guarantee, and may require on-site Cisco™ engineers or backbone provider
emergency personnel to correct the problem. Router failure is governed by current Vendhost contracts with
Cisco™ and backbone providers in regard to the emergency repair service in case of such an issue.
Vendhost will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the
Client, with an unlimited free replacement policy. This includes parts ordered as upgrades.

Credits:

Each request in connection with network/server outages/downtime must be received by Vendhost within five
days of the occurance. Each request in connection with Average Round-Trip Latency or Average Packet Loss
in a calendar month must be received by Vendhost within five days after the end of such month. The total
amount credited to a Client for Vendhost not meeting SLA service levels will not exceed the service fees paid
by Client to Vendhost for such services for the period in question. Each validly requested credit will be applied
to a Client invoice within 30 days after Vendhost receipt of such request. Credits are exclusive of any
applicable taxes charged to Client or collected by Vendhost. Upon Client's request (in accordance with the
procedure set forth below), Vendhost will issue a credit to Client for network/server outages/downtime
occurring during any calendar month that are reported by Client to Vendhost and confirmed by Vendhost
measurement reporting. Such credit will be equal to one day's worth (1/30th) of the monthly fees paid by
Client, (for all service fees paid if network outage, or specific affected service fees paid if individual server
downtime) multiplied by each hour (or portion thereof rounded to nearest next hour) of the cumulative duration
of such outage/downtime. If Average Round-Trip Latency on the Vendhost network for a calendar month
exceeds 85 milliseconds, then upon Client's request, Vendhost will issue a credit to Client equal to one day's
worth (1/30th) of the monthly service fees paid by Client for such month. If Average Packet Loss exceeds 1%
during a calendar month, then upon Client's request, Vendhost will issue a credit to Client equal to one day's
worth (1/30th) of the monthly service fees paid by Client for such month.

General:

Vendhost reserves the right to change or modify this SLA to benefit the Client, and will post changes to
location currently housing this SLA at time of modification, which will be made available to Client. Except as
set forth in this SLA, Vendhost makes no claims regarding the availability or performance of the Vendhost
network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific
Service Agreement signed/agreed by client. In case of difference terms/points in SLA and Service Agreement,
the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement
signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including,
but not limited to, limitations of liability.