As described below, TurnKey Internet's SLA provides commitments based upon goals in three key areas:

This Service Level Agreement (SLA) applies only to TurnKey Internet customers receiving service within the contiguous United States who are (i) customers of TurnKey Internet point-to-point and T1/T3/OC3/OC12 services, (ii) virtual private server and GeoHost customers, or (iii) colocation and dedicated server customers. This SLA does not apply to other customers of TurnKey Internet, including, without limitation, those with Dial-up, xDSL, ISDN, and other hosting products not specifically listed in items (i), (ii), and (iii).

This SLA provides Customers with certain rights and remedies regarding the performance of the TurnKey Internet Network. The "TurnKey Internet Network" means the TurnKey Internet owned and operated Internet Protocol (IP) routing infrastructure consisting solely of TurnKey Internet measurement devices at selected TurnKey Internet points of presence ("Selected POP's") and the connections between them in the forty-eight continental United States. The amount of credit available per month is subject to a cap described below.

TurnKey Internet is committed to make the TurnKey Internet Network available to Customer free of Network Outages for 100% of the time. A "Network Outage" is an instance in which no traffic can pass in or out of Selected POPs for more than 15 consecutive minutes.

Upon Customer's request (in accordance with the procedure set forth below), TurnKey Internet will issue a credit to Customer for Network Outages exceeding the SLA limits occurring during any calendar month that are reported by Customer to TurnKey Internet and confirmed by TurnKey Internet's measurements of the TurnKey Internet Network. Such credit will be equal to one day's worth of the monthly Access Fee (as defined below) paid by Customer, for each reported incident exceeding one hour of such Network Outages, not to exceed in any calendar month the Access Fee paid by Customer for that month.

TurnKey Internet is committed to keep Average Round-Trip Latency on the TurnKey Internet Network to 95 milliseconds or less. "Average Round-Trip Latency", with respect to a given month, means the average time required for round-trip packet transfers between Selected POP's on the TurnKey Internet Network during such month, as measured by TurnKey Internet.

If Average Round-Trip Latency on the TurnKey Internet Network for a calendar month exceeds 95 milliseconds, then upon Customer's request (in accordance with the procedure set forth below), TurnKey Internet will issue a credit to Customer equal to and not to exceed in any calendar month one day's worth of the Access Fee (as defined below) paid by Customer for such month.

TurnKey Internet is committed to keep Average Packet Loss on the TurnKey Internet Network to 1% or less. "Average Packet Loss", with respect to a given month, means the average percentage of IP packets transmitted on the TurnKey Internet Network during such month that are not successfully delivered, as measured by TurnKey Internet. If Average Packet Loss exceeds 1% during a calendar month, then upon Customer's request (in accordance with the procedure set forth below), TurnKey Internet will issue a credit to Customer equal to and not to exceed in any calendar month one day's worth of the Access Fee (as defined below) paid by Customer for such month.

The terms of this SLA relating to Average Round-Trip Latency and Average Packet Loss will take effect the first full calendar month after Customer's first use of the TurnKey Internet Network.

The Access Fee for all Customers is the base monthly access fee paid by Customer for use of the applicable TurnKey Internet service at the amount of data transfer allowed each month without additional charge, excluding set-up fees, fees for additional services, and for server and other types of options. Such excluded fees will vary by the type of applicable service, and could consist of fees for local loop, custom software configuration, extra and/or burstable bandwidth, add-on components, extra IP addresses, hourly support charges, electricity when an additional fee is charged for such an item, and managed services.

TurnKey Internet will periodically (every 15 minutes on average) measure the TurnKey Internet Network at Selected POP's using software and hardware components capable of measuring application traffic and responses at such Selected POP's. Customer acknowledges that not every POP may be covered by such measurements, that such measurements may not measure the exact path traversed by Customer's packets, and that such measurements constitute measurements across the TurnKey Internet Network but not other networks to which Customer may connect. TurnKey Internet reserves the right to periodically change the measurement points and methodologies it uses without notice to Customer. Measurements for latency and packet loss will be posted to a Web site designated by TurnKey Internet and made available to Customer.