Service Level Agreement

Network Availability

1stel's Availability Guarantee declares that the 1stel Network (including equipment and circuits directly managed by 1stel) will be available 100% of the time. If 1stel fails to meet this Guarantee during any given calendar month, Customer's account may be credited. At Customer's request, 1stel will calculate the "Network Unavailability" in a calendar month.

"Network Unavailability" consists of the number of minutes that the 1stel Network, or a 1stel circuit in the contiguous U.S., was not available to Customer. This will not include unavailability continuing for one hour or less or any unavailability resulting from: (a) 1stel Network maintenance; (b) any Customer-ordered telephone company circuits; (c) Customer's applications, equipment, or facilities; (d) acts or omissions of Customer, or any use or user of the service authorized by Customer; or, (e) reasons of Force Majeure.

If 1stel fails to meet this Availability Guarantee, the account shall be credited the pro-rated charges, which include one day of the 1stel Monthly Fee of those unavailable services for each cumulative hour of Network Unavailability, or fraction thereof in any calendar month, rounded up to the next hour. In no case will the credit amount exceed the 1stel charges for the unavailable services.

Latency Guarantee

1stel's U.S. Latency Guarantee averages round-trip transmissions of 55 milliseconds or less between 1stel regional and edge routers. Latency is measured by averaging sample measurements taken during a calendar month between routers.

If 1stel fails to meet any Network Latency Guarantee in a calendar month, Customer may request credit for that month. The credit will consist of pro-rated charges for one day of the 1stel Monthly Fee for the service with respect to which this Guarantee has not been met. Credits will not be issued if failure to meet the Latency Guarantee is attributable to reasons of Force Majeure.

Outage Notification

1stel's Network Outage Guarantee provides Customer notification within 30 minutes after it is determined that service is unavailable. 1stel's standard procedure is to ping the customers's router every five minutes. If the router does not respond after two consecutive five-minute ping cycles, 1stel will deem the service unavailable and the Customer's point of contact will be notified by telephone, e-mail, fax, or pager, as elected by 1stel.

Customer is solely responsible for providing 1stel accurate and current contact information for their designated points of contact. 1stel will be relieved of its obligations under this Customer Reporting Guarantee if the contact information provided by Customer is inaccurate or omitted, or if 1stel's failure is due to reasons of Force Majeure.

If 1stel fails to meet this Customer Reporting Guarantee, at Customer's request, the account may be credited the pro-rated charges for one day of the 1stel Monthly Fee for the service with respect to which this Guarantee has not been met. Customer may obtain no more than one credit per day, irrespective of how often in that day 1stel failed to meet the Customer Reporting Guarantee.

Network Packet Delivery

1stel offers a Network Packet Delivery Guarantee. 1stel's Network Packet Delivery Guarantee is packet delivery of 99.5% or greater between 1stel routers. Packet delivery is measured by averaging sample measurements taken during a calendar month between routers.

No credits will be issued if failure to meet a Network Packet Delivery Guarantee is attributable to reasons of Force Majeure. If 1stel fails to meet any Network Packet Delivery Guarantee in a calendar month, Customer may request credit for that month. The credit will include the pro-rated charges for one day of the 1stel Monthly Fee for the service with respect to which a Network Packet Delivery Guarantee has not been met.

The most current version of this SLA will be posted at http://www.1stel.com/sla.php. Please send questions, comments, or complaints regarding this SLA to sla@1stel.com.