SERVICE LEVEL AGREEMENT

This Service Level Agreement ("SLA") applies to customers of GalaxyVisions IP transit services, dedicated server hosting services, and co-located server hosting services only. It does not apply to customers of GalaxyVisions virtual hosting services or GalaxyVisions -branded connectivity services (e.g., DSL).

This SLA provides Customer with certain rights and remedies regarding the performance of the GalaxyVisions Network. The " GalaxyVisions Network" means the GalaxyVisions owned and operated Internet Protocol (IP) routing infrastructure through which GalaxyVisions provides Internet connectivity and IP routing and transit to its customers. This Service Level Agreement applies only to Network Outages (as defined herein) on the GalaxyVisions Network.

Availability Guarantee

GalaxyVisions guarantees that the critical infrastructure systems, including power and HVAC, will be available 100% of the time in a given month, excluding scheduled maintenance. Upon experiencing downtime, GalaxyVisions will refund the customer 3% of the monthly fee for each 30 minutes of downtime (up to 100% of customer's monthly fee). Critical infrastructure includes functioning of all power and HVAC infrastructure including UPSs, PDUs and cabling, but does not include the power supplies on customers' servers. Infrastructure downtime exists when a particular server is shut down due to power or heat problems and GalaxyVisions records such failure in the GalaxyVisions trouble ticket system. Infrastructure downtime is measured from the time the customer opens a trouble ticket regarding server downtime to the time the problem is resolved and the server is powered back on.

Exceptions

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

1. failure of power, facilities, equipment, applications, systems or connections not provided by GalaxyVisions;
2. failure of access circuits to the GalaxyVisions Network, unless such failure is caused solely by GalaxyVisions;
3. General telco failure;
4. scheduled maintenance;
5. DNS issues outside the direct control of GalaxyVisions;
6. outage or error of any GalaxyVisions measurement system;
7. Customer's acts or omissions, including without limitation, any negligence, willful misconduct, or use of the GalaxyVisions Network or GalaxyVisions services in breach of GalaxyVisions Terms and Conditions and Acceptable Use Policy, by Customer or others authorized by Customer;
8. any reason beyond the control of GalaxyVisions, including, without limitation, acts of God or any governmental body, war, sabotage, fire, flood, earthquake or labor disturbance.

Measurement

GalaxyVisions will periodically (on average every 15 minutes) measure the GalaxyVisions Network at the edge router using software and hardware components capable of measuring application traffic and responses at such measurement. Customer acknowledges that such measurements constitute measurements of traffic on the GalaxyVisions Network but not other networks to which Customer may connect. GalaxyVisions reserves the right to periodically change the measurement points and methodologies it uses without notice to Customer. Measurements will be posted to a website designated by GalaxyVisions and made available to Customer.

Credit Request and Payment Procedures

Requests for credits must be made on the website designated by GalaxyVisions. Each request in connection with a Network Outage must be received by GalaxyVisions within seven days of the Network Outage.

Notwithstanding anything in this SLA to the contrary, the total amount credited to a Customer in connection with Network Outages, in any calendar month will not exceed the base service fee paid by Customer to GalaxyVisions for such month.

Each validly requested credit will be applied to a Customer invoice within 2 billing cycles after GalaxyVisions receipt of such request. Credits are exclusive of any applicable taxes charged to Customer or collected by GalaxyVisions.