Service Level Agreement

100% Network & Facilities Uptime Guarantee

Complex Drive’s Network & Data Center facilities are engineered to ensure that our customers receive the most redundant and reliable infrastructure available on the market today. We put our money where our mouth is by providing an industry leading 100% Uptime Guarantee which covers all critical Data Center systems:

Network Packet Loss & Jitter

Complex Drive’s goal is to keep packet loss and Jitter within our network to 0.1% or less. If the average packet loss within our network ever exceeds 0.1% on any 24 hour period, we will issue a credit in accordance with the schedule listed below.

Network Latency

Complex Drive’s goal is to keep latency on our network to 10 milliseconds or less. If the average network latency across our network exceeds 10 milliseconds for more than 5 minutes in any one 24-hour period, we will issue a credit based on the schedule listed below. Additionally, we will strive to keep latency to 50 milliseconds or less to our backbone providers within the Continental United States. Although our backbone providers' networks are not directly in our control, should the average network latency from our network to one of our providers exceed the time frame specified above for more than 24 hours, we will issue a credit based on the schedule below.

The Complex Drive Network

"The network" is defined as the portion of the network that is owned and operated by Complex Drive. Credits will not be issued under this SLA for network issues that are outside of our control. This includes any failure or deficiency of our network caused by or associated with:

• Circumstances beyond our reasonable control;
• Scheduled maintenance;
• Any negligence, willful misconduct, or use of the network or services in breach of published terms and conditions of service or acceptable use policies.

The network does not include premise equipment or any network equipment or networks not operated and controlled by Complex Drive.

Electrical Systems

Complex Drive’s electrical systems are amongst the most reliable and redundant in the industry. Complex Drive guarantees that electrical power will be available 100% of the time without interruption. Should an electrical issue occur, service credits will be issued in accordance with the schedule below.

Service Credits

Should any of Complex Drive’s critical infrastructure systems fall below the specified parameters, service credits will be issues using the following criteria:

• Less than 100% uptime on any Critical System = One Day Service Credit
• 30 Minute or more on any Critical System = Five Day Service Credit
• 2 Hours or more on any Critical System = 10 Day Service Credit

Credit Request and Payment Procedures

Customers may choose from to have any of the Broadband connections listed above configured in this way. For many, the determining factors on what type of connection to use will be throughput requirements between the colo and their office, and the overall cost of the connection itself. Contact the Complex Drive sales team for more information on Broadband or WAN services

Each valid credit will be applied to your next invoice. The total amount credited in connection with network outages, latency and packet loss in any calendar month will not exceed the monthly recurring charge and will be customers sole remedy for any reported outage.

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This update Service Level Agreement is effective April 14th, 2008