Service Level Agreement Internet Services L __ t.v)v telecom Network Availability tw telecom ("TVVTC")'s Internet Services will be available to Customer at least 99.99% of the time in a calendar month ("Network Availability") or Customer will receive service outage credits per the table below. A service outage causing Network non-availability is defined as the inability to transmit and receive data due to a failure in TWTC's equipment or network ("Service Outage"). Credits are based upon a percentage of the monthly recurring charge ("MRC") for the non- performing Internet Service as follows: Per Service Outage Percentage Credit Up to 5 minutes (99.99% availability) No Credit 5 minutes up to 4 hours 5% of the MRC 4 hours up to 8 hours 10% of the MRC 8 hours up to 12 hours 15% of the MRC 12 hours up to 16 hours 20% of the MRC 16 hours up to 24 hours 35% of the MRC 24 hours or greater 50% of the MRC Network Latency TWTC's Internet Services will have an average round-trip transmission of 45 milliseconds ("ms") or less between TWTC Internet points of presence ("POPs") in the forty-eight contiguous United States and an average round-trip transmission of 75 milliseconds or less between TWTC Internet POPs in the forty-eight contiguous states plus Hawaii ("Latency"). If TWTC fails to meet the applicable Latency standard, credits will be calculated per the table below. Credits are based upon a percentage of the MRC for the non-performing Intemet Service as follows: 48 Contiguous U.S. 0.00 to 45.00 ms 45.01 to 55.00 ms 55.01 to 60.00 ms 48 Contiguous U.S. + Hawaii Credits 0.00 to 75.00 ms 75.01 to 85.00 ms 85.01 to 90.00 ms 60.01 to 65.00 ms 65.01 to 70.00 ms 90.01 to 95.00 ms 95.01 to 100.00 ms No Credit 5% of the MRC 10% of the MRC 15% of the MRC 20% of the MRC 35% of the MRC 50% of the MRC 70.01 to 75.00 ms 75.01 ms or greater 100.01 to 105.00 ms 105.01 ms or greater Version 3.1 1/9/09 tw telecom - Confidential Page 1 o