Network Performance Guarantees

Clients of the InfoQuest Co-location and Dedicated Server Services (CDSS) who are provisioned on the InfoQuest IP Network are provided guarantees of network availability to the Program Rules and Regulations set forth below.  If (1) a CDSS Client experiences any number of Network Outages which together are in excess of .01% of the time in any calendar month ("Service Availability"), the Client will be eligible for a credit of one day's worth (1/30th) of the Client's total monthly connection charge for the CDSS Service, subject to the maximums specified below in the Program Rules and Regulations.  In addition, if (2) a CDSS Client experiences any continuous Network Outage of ten (10) minutes or more in any calendar day ("Network Availability"), the Client will be eligible for a credit of one day's worth (1/30th) of the Clients total monthly connection charge for the CDSS Service for each such incident, subject to the maximums specified below in the Program Rules and Regulations.

Program Rules and Regulations

1. Definitions.

"InfoQuest IP Network" is defined as the InfoQuest owned and operated Internet Protocol (IP) infrastructure.

"Network Guarantees" refers collectively to the limited guarantees for Network Availability.

A "Network Outage" is defined as any occurrence within the InfoQuest IP Network that results in the inability of the InfoQuest IP Network to transmit IP packets on behalf of the Client.  A "Network Outage" does not include an outage for scheduled periods of maintenance or upgrades, as to which Client has been given prior notice.

An "Outage" is defined as a Network Outage

The "Service Activation Date" of a Service is the date that the CDSS is made available to a Client, as is more fully defined by the Clients Co-location or Dedicated Server Agreement.

"Verifiable Client Trouble Tickets" are defined as those where  InfoQuest has substantiated that an Outage exists.

"Verifiable Outage" is defined as an Outage where InfoQuest has substantiated that an Outage exists.

"Managed Services" are services provided by InfoQuest to Client that include but are not limited to the tape backup and offsite storage of server configurations and data, monitoring server ports and software functionality, installing operating systems or software service packs or program fixes, and reviewing server event logs.

"Support Services" are technical support activities performed by InfoQuest for the Client.

2. InfoQuest shall notify Client via email or telephone of all Network Outages of which it becomes aware having an impact on Client.

3.  The Client Point of Contact (CPOC) must notify InfoQuest immediately by creating a technical support ticket through the InfoQuest Client access website portal.  The technical support ticket must be created specifying "network outage" as the ticket category, and "critical" as the ticket priority.

4. All credit requests should be sent via email addressed to clssla@infoquest.com or via U.S. Postal Mail to the following address:

InfoQuest Technologies, Inc.
Attn: CDSS SLA Manager
Credit Requests
471 Jplwick Dr
Harrisburg, PA  17111

Please include the trouble ticket number with your request.  InfoQuest will acknowledge all requests for credit with ten (10) business days of receipt and inform Client CPOC via email or U.S. Postal Mail within thirty (30) days whether the request is approved or denied.  Credits will appear on the bill for the CDSS Services no later than two (2) billing cycles after credit approval.

The duration of a Network Outage will be determined by summing the amount of time Verifiable Client Trouble Tickets are open with the appropriate InfoQuest Client Care Organization for the CDSS Service in question in any given month. The time starts with the notification by Client to InfoQuest of a Verifiable Outage and ends when InfoQuest Client Care makes its first attempt to notify Client of the restoration of Service.

5. Trouble tickets, where the Outage cannot be verified with InfoQuest's standard diagnostic procedures, do not count toward the limited guarantees for Network Availability.

6. the limited guarantees for Network Availability will take effect upon the Service Activation date of the CDSS Service.

7. The remaining Network Guarantees will take effect in the calendar monthly following Client's first use of the CDSS Service.

8. The monthly charge that will be the subject of the Network Availability Guarantee will be the monthly charge for the CDSS Service (excluding Managed Services or Support Services).

9. In any calendar day, Clients may receive a maximum of one credit.

10. In any calendar month, Client credits for all of the Network Guarantees may not exceed five credits. Also, Clients may only receive a single credit in any month in which the limited guarantees are exceeded.

11. Except for the limited guarantees with respect to Network Outages, InfoQuest makes no claim regarding the performance of the InfoQuest IP Network.  For the CDSS Service, the InfoQuest IP Network is considered available, for the purposes of determining whether an Outage has occurred, if it can transmit IP packets.

12. This limited guarantee does not apply in the event of fire, explosion, lightning, power surges or failures, strikes or labor disputes, water, acts of god, the elements, war, civil disturbances, acts of civil or military authorities, fuel or energy shortages, acts or omissions of suppliers, hostile network attacks, network congestion, or other causes beyond InfoQuest's control, whether or not similar to the foregoing.

13. All claims are subject to review and verification by InfoQuest.

14. InfoQuest will be the sole party to verify and determine whether a Client experienced an Outage or whether InfoQuest has experienced a Network Outage that is in excess of that specified in these limited guarantees.

15. InfoQuest reserves the right to change or modify the program rules and regulations or discontinue this limited guarantee program at any time upon thirty (30) days prior written notice.

16. Credits are exclusive of any applicable taxes charged to the Client or collected by InfoQuest.

17. This limited guarantee is also subject to the Co-location Agreement and/or the Dedicated Server Agreement for this CDSS Service.

Revised: 11/06/2007