Dedicated Service Level Agreement

This Dedicated Service Level Agreement ("DSLA") applies to the dedicated network service(s) provided by BitWise Systems, Inc. or by any other subsidiary or affiliate of BitWise Systems, Inc. This DSLA is subject to, and hereby incorporates by reference, the terms and conditions set out in the underlying agreement between BitWise Systems, Inc. and Client covering the network service(s).

1. Description of Covered Network Services

1.1 The network service(s) consist of a web site, equipment co-location, or a permanently connected data access circuit, with speeds ranging from 56 kilobits per second to our full backbone POP (Point Of Presence) capacity.

1.2 This DSLA covers (i) the BitWise Systems router/switch port in the "hub" which connects directly to Client's local access circuit (ii) the BitWise Systems network back bone interconnecting the "hubs" (iii) supporting BitWise Systems software and equipment which provides domain name routing and other functions which enable Client to logically interact with the network.

1.3 This DSLA specifically excludes network service(s) issues of any kind related to (i) acts or omissions of Client or any third party, (ii) Client premise equipment (whether or not provided by BitWise Systems), (iii) interconnections between BitWise Systems' network and any third party provider network, and (iv) Scheduled BitWise Systems network maintenance. Network service(s) in such circumstances are not covered network service(s).

2. Network Services Parameters and Credits

2.1 Network Monitoring
All network service(s) parameters are electronically monitored 24 hours per day, 7 days per week. BitWise Systems will inform Client via e-mail of all scheduled maintenance which could reasonably be expected to cause significant degradation in the network service(s) one (1) day prior to the planned maintenance unless notified for "emergency" preventative maintenance. BitWise Systems will use e-mail to inform the Client. It is the Client's responsibility to inform BitWise Systems with accurate contact information.

2.2 Network Availability
In the event covered network service(s) is not continuously available (100% up time), as measured on a monthly basis by BitWise Systems, Client becomes eligible for a credit as set forth below. Upon Client's timely request, BitWise Systems will calculate Client's network unavailability in any calendar month. "Network Unavailability" shall mean the number of minutes that the covered network service(s) is unavailable for Client's use but does not include any unavailability continuing for sixty (60) minutes or less (for which Client fails to report to BitWise Systems within (5) days of such occurrence), or which is otherwise excluded under paragraph 1.3 above. All claims of credits for network unavailability must be supported by one or more BitWise Systems trouble tickets that document the nature and duration of the problem. For each cumulative hour of network unavailability, or additional fraction thereof, Client shall be entitled to a credit in an amount equal to the pro-rated charges for one (1) day of the applicable monthly recurring charge for the affected portion of the covered network service(s).

2.3 Latency
The network services parameter for monthly average round-trip latency for transmissions between BitWise Systems internal backbone "hubs" shall be less than or equal to 80 milliseconds. Latency shall be calculated by averaging measurements taken by BitWise Systems during a one (1) month period between BitWise Systems backbone "hubs." If the latency parameter is not met by BitWise Systems in two (2) consecutive calendar months, the Client shall be entitled to a credit in an amount equal to the pro-rated charges for one (1) day of the applicable monthly recurring charge for the affected portion of the covered network service(s). For each consecutive month subsequent to such two (2) month period in which the covered network service(s) fails to meet the latency parameter, Client will receive an additional one (1) day credit. Once BitWise Systems determines that the covered network service(s) performance is within the latency parameter, Client will receive no further credits.

2.4 Packet Loss
The network service(s) parameter for monthly average round-trip packet loss for transmissions between BitWise Systems internal backbone "hubs" shall be less than or equal to 10%. Packet loss shall be calculated by BitWise Systems by averaging measurements taken during a one (1) month period between BitWise Systems internal backbones hubs. If the packet loss parameter is not met by BitWise Systems in two (2) consecutive calendar months, the Client shall be entitled to a credit in an amount equal to the prorated charges for one (1) day of the applicable monthly recurring charge for the affected portion of the covered network service(s). For each consecutive month subsequent to such two (2) month period in which the covered network service(s) fails to meet the packet loss parameter, Client will receive an additional one (1) day credit. Once BitWise Systems determines that the covered network service(s) performance is within the packet loss parameter, Client will receive no further credits.

2.5. Timing of Credits; Credits Not Cumulative
The credits made available to Client under this DSLA will be provided to Client on its next bill, or as promptly thereafter as it can be provided after the qualification for the credit and its amount are determined. Credits that may be made available under this DSLA for any month exceed the total recurring charge for the affected covered network service for such month.