Common use of NETWORK LATENCY GUARANTEE Clause in Contracts

NETWORK LATENCY GUARANTEE. For Dedicated Internet Access customers only, the monthly average Network Latency for packets carried over the COGENT Network between Backbone Hubs for the following regions is as specified below: Intra-North America: 45 milliseconds or less Intra-Europe: 35 milliseconds or less New York to London (Transatlantic): 85 milliseconds or less Los Angeles to Tokyo (Transpacific): 140 milliseconds or less Network Latency (or Round trip time) is defined as the average time taken for an IP packet to make a round trip between Backbone Hubs within the regions specified above on the COGENT Network. COGENT monitors aggregate latency within the COGENT Network by monitoring round-trip times between a sample of Backbone Hubs on an ongoing basis. After being notified by Customer of Network Latency in excess of the rates specified above, COGENT will use commercially reasonable efforts to determine the source of such excess Network Latency and to correct such problem to the extent that the source of the problem is on the COGENT Network. If COGENT fails to remedy such Network Latency within two (2) hours of being notified of any excess Network Latency and average Network Latency for the preceding 30 days has exceeded the rates specified above, Customer will receive, at Customer’s request, a Service Credit for the period from the time of notification by the Customer until the average Network Latency for the preceding 30 days is less than the rates specified above. Customer may obtain no more than one (1) month Service Credit for any given month.

NETWORK LATENCY GUARANTEE. For Dedicated Internet Access customers only, the monthly average Network Latency for packets carried over the COGENT Network between Backbone Hubs for the following regions is as specified below: Intra-North America: 45 50 milliseconds or less Intra-Europe: 35 milliseconds or less New York to London (TransatlanticTrans-Atlantic): 85 milliseconds or less Los Angeles to Tokyo (Transpacific): 140 milliseconds or less Network Latency (or Round trip time) is defined as the average time taken for an IP packet to make a round trip between Backbone Hubs within the regions specified above on the COGENT Network. COGENT monitors aggregate latency within the COGENT Network by monitoring round-trip times between a sample of Backbone Hubs on an ongoing basis. After being notified by Customer of Network Latency in excess of the rates specified above, COGENT will use commercially reasonable efforts to determine the source of such excess Network Latency and to correct such problem to the extent that the source of the problem is on the COGENT Network. If COGENT fails to remedy such Network Latency within two (2) hours of being notified of any excess Network Latency and average Network Latency for the preceding 30 days has exceeded the rates specified above, Customer will receive, at Customer’s request, a Service Credit for the period from the time of notification by the Customer until the average Network Latency for the preceding 30 days is less than the rates specified above. Customer may obtain no more than one (1) month Service Credit for any given month.

NETWORK LATENCY GUARANTEE. For Dedicated Internet Access customers only, the monthly average Network Latency for packets carried over the COGENT Hi(Q) Data Corp Network between Backbone betweenBackbone Hubs for the following regions is as specified below: ● Intra-North America: 45 65 milliseconds or less ● Intra-Europe: 35 65 milliseconds or less ● New York to London (TransatlanticTrans-Atlantic): 85 milliseconds or less Los Angeles to Tokyo (Transpacific): 140 105 milliseconds or less Network Latency (or Round trip time) is defined as the average time taken for an IP packet to make a round trip between Backbone Hubs within the regions specified above on the COGENT Hi(Q) Data Corp Network. COGENT Hi(Q) Data Corp monitors aggregate latency within the COGENT Hi(Q) Data Corp Network by monitoring round-trip times between a sample of Backbone Hubs on an ongoing basis. After being notified by Customer of Network Latency in excess of the rates specified above, COGENT Hi(Q) Data Corp will use commercially reasonable efforts to determine the source of such excess Network Latency and to correct such problem to the extent that the source of the problem is on the COGENT Hi(Q) Data Corp Network. If COGENT Hi(Q) Data Corp fails to remedy such Network Latency within two (2) hours business days of being notified of any excess Network Latency and average Network Latency for the preceding 30 days has exceeded the rates specified above, Customer will receive, at Customer’s request, a Service Credit for the period from the time of notification by the Customer until the average Network Latency for the preceding 30 days is less than the rates specified above. Customer may obtain no more than one (1) month Service Credit for any given month.