Read This Agreement Carefully Before Using Our Internet Services.

1. Business Service Level Agreement (Part 1)

KHY Com's Availability Guarantee declares that the KHY Communication's Network (as defined in the applicable service agreement) will be available 99.99% of the time. If KHY Com fails to meet this Guarantee during any given calendar month, Customer's account will be credited if the customer requests such credit. At Customer's request, KHY Communications will calculate the "Network Unavailability" in a calendar month. "Network Unavailability" consists of the number of minutes that the KHY Network was not available to Customer. This will not include unavailability continuing for one hour or less which Customer fails to report to KHY within five days, or any unavailability resulting from: (a)KHY Network maintenance; (b) KHY telephone company circuits outside the contiguous U.S.; (c) any Customer-ordered telephone company circuits; (d) Customer's applications, equipment, or facilities; (e) acts or omissions of Customer, or any use or user of the service authorized by Customer; or, (f) reasons of Force Majeure (as defined in the applicable service agreement).

If KHY fails to meet this Availability Guarantee, the account shall be credited as calculated by:

Up to 5 minutes (99.99% availability) No Credit
5 minutes up to 4 hours - 5% of the MRC
4 hours up to 8 hours - 10% of the MRC
8 hours up to 12 hours - 15% of the MRC
12 hours up to 16 hours - 20% of the MRC
16 hours up to 24 hours - 35% of the MRC
24 hours or greater - 50% of the MRC
*No credit will exceed 100% of any customer's monthly recurring rate at any time.

2. Service Level Agreement (Part 2)

KHY provides two types of reporting guarantees, a Network Outage Notification Guarantee and a Scheduled Maintenance Notification Guarantee.

KHY's Network Outage Guarantee provides notification to your designated point of contact within 1 hour of a service affecting outage or a credit equal to the amount of time the service was unavailable due to a network outage. KHY's standard procedure is to monitor all customer circuits 24 hours a day, 7 days a week via SNMP traps, ping tests, and non-intrusive network monitoring agents. If a network component does not respond after ten consecutive one-minute ping cycles or is found to be in a trouble condition by other means, KHY will deem the service unavailable and will begin trouble-shooting and maintenance efforts. If you desire, your point of contact can be notified by e-mail, or pager, as elected by you and notified to us. This notification is an automated process which will be initiated only at your written request to us.

Our Scheduled Maintenance is sometimes necessary. Your Scheduled Maintenance Notification Guarantee shall include any maintenance on the KHY network to which Customer's circuit is connected (a) of which Customer is notified 24 hours in advance, and (b) that is performed during a standard maintenance window. The standard maintenance window is from 12 AM to 6 AM local time of the KHY hub to which the circuit is connected. Notice of Scheduled Maintenance will be provided to Customers' designated point of contact by email, pager or telephone.

This Customer Reporting Guarantee is only available for service provided entirely in the contiguous U.S. Customer is solely responsible for providing KHY accurate and current contact information for their designated points of contact. KHY will be relieved of its obligations under this Customer Reporting Guarantee if the contact information provided by Customer is inaccurate or omitted, or if KHY's failure is due to reasons of Force Majeure (as defined in the applicable service agreement).

If KHY fails to meet this Customer Reporting Guarantee, at Customer's request, the account shall be credited the pro-rated charges of the KHY Monthly Fee for the amount of time any service is unavailable. Total credit shall be limited to no more than the actual charge customer would have paid for the period of any outage.