Kyvon Network Service Level Agreement

Network Quality & Internet Connectivity
Kyvon’s Network Availability Guarantee ensures Internet connectivity is provided to Kyvon customers 100% of the time and, as set forth below; Kyvon will credit Customer’s account if Kyvon fails to meet this Network Uptime Guarantee during any given calendar month. At Customer’s request, Kyvon will calculate Customer’s "Network Unavailability" in a calendar month. "Network Unavailability" consists of the number of minutes that the Kyvon Network was not available to the customer, but will not include unavailability which Customer fails to report to Kyvon within five days, or any unavailability resulting from
(a) Scheduled Kyvon Network Maintenance
(b) Any Customer owned/maintained circuits or equipment failure
(c) Customer’s applications or equipment
(d) Acts or omissions of Customer
(e) Any use or user of the service authorized by Customer
(f) Reasons of Force Majeure
(g) Suspension of Customer’s account for violations of Kyvon’s AUP or nonpayment.
For each cumulative one half hour (30 minutes) of network unavailability or fraction thereof in any calendar month, Customer’s account shall be credited for the pro-rated charges for one day of the Kyvon Monthly Fee for Internet connectivity, up to but not exceeding the monthly fee. This does not include additional charges such as bandwidth overages, data protection, etc.

Bandwidth Guarantee

Kyvon’s Network Uptime Guarantee commits the average Internet bandwidth utilization at the Kyvon data center will not exceed 75% of the total aggregate Internet bandwidth available to the center at the 95 percentile of utilization. Average Internet bandwidth utilization will be determined by calculating the average of the lowest 95% of utilization samples taken every 5 minutes. This calculation is consistent with the industry standard 95th Percentile method of determining bandwidth utilization and subject to change with industry trends without notice. Kyvon guarantees their network will be composed of a minimum of two (2) Tier one carriers.

Customer Equipment Monitoring & Reporting and Notification

Kyvon’s Reporting and Notification guarantee is to notify Customers within 1 hour after Kyvon’s determination that Customer’s service is unavailable. Kyvon’s standard procedure is to ping Customer’s equipment housed in our data center every 300 seconds. If Customer’s equipment does not respond after two consecutive 300-second ping cycles, Kyvon will deem the service unavailable

and will contact Customer’s designated point of contact by a method elected by Kyvon (telephone, email, fax or pager). Customer is solely responsible for providing Kyvon accurate and current contact information for Customer’s designated point of contact. Kyvon will be relieved of its obligations under this Network Uptime Guarantee if Kyvon’s contact information for customer is out of date or inaccurate due to Customer’s action or omission or if Kyvon’s failure is due to reasons of Force Majeure.

Limitations of Guarantee
If Kyvon fails to meet this Network Uptime Guarantee, at Customer’s request, Customer’s account shall be credited the pro-rated charges for one day of the Kyvon Monthly Fee for the service with respect to which this Guarantee has not been met; provided, that Customer may obtain no more than one credit per day, irrespective of how often in that day Kyvon failed to meet the Network Uptime Guarantee.