Common use of Service Level Warranty Clause in Contracts

Service Level Warranty. In the event Customer available for such event. In no event will Exodus be required to experiences any of the following and Exodus determines in its credit Customer in any one (1) calendar month connectivity reasonable judgment that such inability was caused by Exodus' charges in excess of seven (7) days of service. A credit shall be failure to provide Internet Data Center Services for reasons applied only to the month in which there was the incident that within Exodus' reasonable control and not as a result of any resulted in the credit. Customer shall not be eligible to receive actions or inactions of Customer or any third parties (including any credits for periods in which Customer received any Internet Customer Equipment and third party equipment), Exodus will, upon Data Center Services free of charges. Customer's request in accordance with paragraph (iii) below, credit Customer's account as described below: (v) Termination Option for Chronic Problems: If, in any single calendar month, Customer would be able to receive credits (i) Inability to Access the Internet (Downtime). If totaling fifteen (15) or more days (but for the limitation in Customer is unable to transmit and receive information from paragraph (iv) above) resulting from three (3) or more events Exodus' Internet Data Centers (i.e., Exodus' LAN and WAN) to during such calendar month or, if any single event entitling other portions of the Internet because Exodus failed to provide customer to credits under paragraph 5.2(a)(i) exists for a period the Internet Data Center Services for more than fifteen (15) of eight (8) consecutive hours, then, Customer may terminate this consecutive minutes, Exodus will credit Customer's accountant the Agreement for cause and without penalty by notifying Exodus pro-rata connectivity charges (i.e., all bandwidth related within five (5) days following the end of such calendar month. changes) for one (1) day of service, up to an aggregate maximum Such termination will be effective thirty (30) days after receipt credit of connectivity charges for seven (7) days of service in of such notice by Exodus. any one calendar (1) month. Exodus' scheduled maintenance of the Internet Data Centers and Internet Data Services, as described in THIS WARRANTY DOES NOT APPLY TO ANY INTERNET DATA CENTER SERVICES the Rules and Regulations, shall not be deemed to be a failure of THAT EXPRESSLY EXCLUDE THIS WARRANTY (AS DESCRIBED IN THE Exodus to provide Internet Data Center Services. For purposes of SPECIFICATION SHEETS FOR SUCH PRODUCT. THIS SECTION 5.2(a) STATES the foregoing, "unable to transmit and receive" shall mean CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY EXODUS TO sustained packet loss in excess of 50% based on Exodus' PROVIDE INTERNET DATA CENTER SERVICES. measurements. (b) No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTY SET (ii) Packet Loss and Latency. Exodus does not proactively OUT IN SUBSECTION (a) ABOVE, THE INTERNET DATA CENTER, monitor the packet loss or transmission latency of specific SERVICE ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE

Service Level Warranty. In the event Customer available for such event. In no event will Exodus be required is unable to experiences any transmit and receive information from Exodus' Internet Data Centers to other portions of the following Internet and 3 Customer notifies Exodus immediately of such event and Exodus determines in its credit Customer in any one (1) calendar month connectivity reasonable judgment that such inability was caused by Exodus' charges in excess of seven (7) days of service. A credit shall be failure to provide Internet Data Center Services for reasons applied only to the month in which there was the incident that within Exodus' reasonable control and not as a result of any resulted in the credit. Customer shall not be eligible to receive actions or inactions of Customer or any third parties (including any credits for periods in which Customer received any Internet Customer Equipment and failure of third party equipment), Exodus will, upon Data Center Services free of charges. Customer's request in accordance with paragraph (iii) belowrequest, credit Customer's account as described belowfollows: (v) Termination Option for Chronic Problems: If, in any single calendar month, Customer would be able to receive credits (i) Inability to Access the Internet (Downtime). If totaling fifteen (15) or more days (but for the limitation in Customer is unable to transmit and receive information from paragraph (iv) above) resulting from three (3) or more events Exodus' Internet Data Centers (i.e., Exodus' LAN and WAN) to during such calendar month or, if any single event entitling other portions of the Internet because Exodus failed to provide customer to credits under paragraph 5.2(a)(i) exists for a period the Internet Data Center Services for (i) more than fifteen two (152) of eight (8) consecutive hours, then, Customer may terminate this consecutive minuteshours in a calendar month, Exodus will credit Customer's accountant account the Agreement for cause and without penalty by notifying Exodus pro-rata connectivity charges (i.e., all bandwidth related within five (5) days following the end of such calendar month. changes) for one (1) day of service; and (ii) more eight (8) consecutive hours in a calendar month, up to an aggregate maximum Such termination Exodus will be effective thirty (30) days after receipt credit of Customer's account the connectivity charges for seven (7) days of service in of such notice by Exodus. any one calendar (1) week of service. Customer may receive only one of the foregoing credits in any single calendar month, regardless of the number of such occurrences. Exodus' scheduled maintenance of the Internet Data Centers and Internet Data Center Services, as described in THIS WARRANTY DOES NOT APPLY TO ANY INTERNET DATA CENTER SERVICES the Rules and Regulations, shall not be deemed to be a failure of THAT EXPRESSLY EXCLUDE THIS WARRANTY (AS DESCRIBED IN THE Exodus to provide Internet Data Center Services. For purposes of SPECIFICATION SHEETS FOR SUCH PRODUCTTHIS WARRANTY DOES NOT APPLY TO ANY INTERNET DATA CENTER SERVICES THAT EXPRESSLY EXCLUDE THIS WARRANTY. THIS SECTION 5.2(a) STATES the foregoing, "unable to transmit and receive" shall mean CUSTOMER'S SOLE AND EXCLUSIVE REMEDY (OTHER THAN TERMINATION OF THIS AGREEMENT) FOR ANY FAILURE BY EXODUS TO sustained packet loss in excess of 50% based on Exodus' PROVIDE INTERNET DATA CENTER SERVICES. measurements. (b) No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTY SET (ii) Packet Loss and Latency. Exodus does not proactively OUT IN SUBSECTION (a) ABOVE, THE INTERNET DATA CENTER, monitor the packet loss or transmission latency of specific SERVICE ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE.

Service Level Warranty. In the event Customer available for such event. In no event will Exodus be required is unable to experiences any transmit and receive information from Exodus' Internet Data Centers to other portions of the following Internet and EXODUS COMMUNICATIONS, INC. CONFIDENTIAL (REV 10/97) PAGE 1 2 Customer notifies Exodus immediately of such event and Exodus determines in its credit Customer in any one (1) calendar month connectivity reasonable judgment that such inability was caused by Exodus' charges in excess of seven (7) days of service. A credit shall be failure to provide Internet Data Center Services for reasons applied only to the month in which there was the incident that within Exodus' reasonable control and not as a result of any resulted in the credit. Customer shall not be eligible to receive actions or inactions of Customer or any third parties (including any credits for periods in which Customer received any Internet Customer Equipment and failure of third party equipment), Exodus will, upon Data Center Services free of charges. Customer's request in accordance with paragraph (iii) belowrequest, credit Customer's account as described belowfollows: (v) Termination Option for Chronic Problems: If, in any single calendar month, Customer would be able to receive credits (i) Inability to Access the Internet (Downtime). If totaling fifteen (15) or more days (but for the limitation in Customer is unable to transmit and receive information from paragraph (iv) above) resulting from three (3) or more events Exodus' Internet Data Centers (i.e., Exodus' LAN and WAN) to during such calendar month or, if any single event entitling other portions of the Internet because Exodus failed to provide customer to credits under paragraph 5.2(a)(i) exists for a period the Internet Data Center Services for (i) more than fifteen two (152) of eight (8) consecutive hours, then, Customer may terminate this consecutive minuteshours in a calendar month, Exodus will credit Customer's accountant account the Agreement for cause and without penalty by notifying Exodus pro-rata connectivity charges (i.e., all bandwidth related within five (5) days following the end of such calendar month. changes) for one (1) day of service; and (ii) more than eight (8) consecutive hours in a calendar month, up to an aggregate maximum Such termination Exodus will be effective thirty (30) days after receipt credit of Customer's account the connectivity charges for seven (7) days of service in of such notice by Exodus. any one calendar (1) week of service. Customer may receive only one of the foregoing credits in any single calendar month, regardless of the number of such occurrences. Exodus' scheduled maintenance of the Internet Data Centers and Internet Data Center Services, as described in THIS WARRANTY DOES NOT APPLY TO ANY INTERNET DATA CENTER SERVICES the Rules and Regulations, shall not be deemed to be a failure of THAT EXPRESSLY EXCLUDE THIS WARRANTY (AS DESCRIBED IN THE Exodus to provide Internet Data Center Services. For purposes of SPECIFICATION SHEETS FOR SUCH PRODUCTTHIS WARRANTY DOES NOT APPLY TO ANY INTERNET DATA CENTER SERVICES THAT EXPRESSLY EXCLUDE THIS WARRANTY. THIS SECTION 5.2(a) STATES the foregoing, "unable to transmit and receive" shall mean CUSTOMER'S SOLE AND EXCLUSIVE REMEDY (OTHER THAN TERMINATION OF THIS AGREEMENT) FOR ANY FAILURE BY EXODUS TO sustained packet loss in excess of 50% based on Exodus' PROVIDE INTERNET DATA CENTER SERVICES. measurements. (b) No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTY SET (ii) Packet Loss and Latency. Exodus does not proactively OUT IN SUBSECTION (a) ABOVE, THE INTERNET DATA CENTER, monitor the packet loss or transmission latency of specific SERVICE ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE.