99.999% UPTIME GUARANTEE

(a) Coverage

This Global Netoptex, Inc. (GNi) Service Guidelines apply to you if you have registered for either Shared Hosting Services, Dedicated Hosting, Direct Internet Access, or Collocation Services (collectively, the "Service") and you are in good financial standing with GNi other than good faith disputes of fees.

(b) Service Level

GNi endeavors to have the content of your Network connection available for ping access by third parties 99.999% of the time ("Network Availability").

(c) Credits

In the event that there is no Network connection Availability, GNi will provide compensation as follows. For Shared Hosting Services, Dedicated Hosting, Direct Internet Access, or Collocation Services, such credit will be retroactive and will be as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month.

Customer Network connection Availability Credit

Please refer to the Billing Dispute section of Terms & Conditions (Exhibit B).

Credits will be applied as follows:

- Network Unavailability (defined as inability of the Company to access the Internet as a direct result of the Services provided by GNi) greater than five (5) aggregate minutes, but less than one aggregate (1) hour, in a calendar month: one (1) hour Service Credit.

- Network Unavailability greater than one (1) aggregate hour, but less than four aggregate (4) hours, in a calendar month: one (1) day Service Credit.

- Network Unavailability equal to or greater than four aggregate (4) hours, but less than eight aggregate (8) hours, in a calendar month: one (1) week Service Credit.

- Network Unavailability equal to or greater than eight aggregate (8) hours in a calendar month: one (1) month Service Credit.

- Credits are not applied to outages in windows of Scheduled Maintenance.

(d) Restrictions

Credits will not be provided to you in the event that you have no Network connection Availability resulting from (i) scheduled maintenance with a 24 hour notice provided that such scheduled maintenance shall not last for more than 2 hours per month in the aggregate, (ii) your behavior or the performance or failure of your equipment, facilities or applications, or (iii) circumstances beyond GNi's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other third party labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation).

(e) Service Warranty Definitions.

•  "Downtime" shall mean sustained packet loss, based on round trip measurements, in excess of one percent (1%) within GNi's network for thirty (30) consecutive minutes due to the failure of GNi to provide Service(s) for such period. Downtime shall not include any packet loss or network unavailability during GNi's scheduled maintenance of the Internet Data Centers , network and Service(s), as described in section d.

•  "Excess Latency" shall mean an average round-trip transmission latency in excess of fifty (50) milliseconds round trip time between any two points within GNi's network. Pings and Traceroutes are measured end to end and host to host. Pings directly to GNi routers do not provide valid data and cannot be used for performance measurement.

•  "Excess Packet Loss" shall mean average packet loss in excess of one percent (1%) round trip measured regularly at thirty (30) minute intervals within GNi's network.

•  "Performance Problem" shall mean Excess Packet Loss and/or Excess Latency.

•  "Service Credit" shall mean an amount equal to the pro-rata monthly recurring connectivity charges (i.e., all monthly recurring bandwidth-related charges) for one (1) day of Service.

(f) Downtime Periods. In the event Customer experiences Downtime, Customer shall be eligible to receive from GNi a Service Credit for each Downtime period. Examples: If Customer experiences one Downtime period, it shall be eligible to receive one Service Credit. If Customer experiences two Downtime periods, either from a single event or multiple events, it shall be eligible to receive two Service Credits.

(g) Performance Problem; Packet Loss and Latency. In the event that GNi discovers or is notified by Customer that Customer is experiencing a Performance Problem, GNi will take all actions necessary to determine the source of the Performance Problem.

(h) Time to Discover Source of Performance Problem; Notification of Customer. Within two (2) hours of discovering or receiving notice of the Performance Problem, GNi will determine whether the source of the Performance Problem is limited to the Customer Equipment and the GNi equipment connecting the Customer Equipment to the GNi LAN. If GNi determines that the Customer Equipment and GNi connection are not the source of the Performance Problem, GNi will determine the source of the Performance Problem within an additional two (2) hour period. In any event, GNi will notify Customer of the source of the Performance Problem within sixty (60) minutes of identifying the source.

(i) Remedy of Packet Loss and Latency. If the source of the Performance Problem is within the sole control of GNi, GNi will remedy the Performance Problem within two (2) hours of determining the source of the Performance Problem. If the source of and remedy to the Performance Problem reside outside of the GNi LAN or WAN, GNi will use commercially reasonable efforts to notify the party(ies) responsible for the source of the Performance Problem and cooperate with it (them) to resolve such problem as soon as possible.

(j) Chronic Trouble. Trouble is considered "chronic" if it results in four (4) or more instances of Network Unavailability in one month, or more than twenty-four (24) aggregate hours of Network Unavailability, occurring over any thirty (30) consecutive day period. In cases of chronic trouble, the Company shall have the option to either (a) obtain credits as set forth above or (b) terminate the affected circuit without liability upon written notice to GNi. In addition, in the event that a circuit continues to experience Chronic Trouble within a thirty (30) day period after clearing the most recent Chronic Trouble for the same circuit, the Company may disconnect the specific circuit without incurring termination liability. The Company may request a detailed investigation of the circuit. GNi will immediately perform a detailed investigation including but not limited to remote login/diagnosis and onsite physical inspection of equipment and will report the findings to the Company.