Description and Objective

Apeiron Data Networking Services will be measured on the basis of network availability, network latency, network packet loss and cumulative internet service availability. Target values and performance metrics amongst these categories will be defined herein as well as measurement methodologies, exclusions, and description of Customer recourse.

Methodology

The application of these measurements and metrics with regards to service measurements will be defined and applied on a Service Category basis.

SLA Service Categories include:

• Apeiron Private IP Network services
• Apeiron Internet Access Services

Apeiron Private IP Network SLA

Apeiron Private IP Network SLA is applied to Private Line, Multiprotocol Label Switching (MPLS) and other Private IP transport network connections delivered from Apeiron to Customer.

Measurements

Network Availability

Apeiron Point of Presence (POP) on the Private IP Backbone Network shall be Available 99.99% of the time in delivering traffic to/from other Apeiron Point of Presence (POP) and customer locations on the Private IP Backbone measured over a calendar month.

The availability of the service shall be calculated at the end of each month in accordance with the following formula:

MA = ((MM–EM-OM) / (MM-EM)) * 100

Where:

• MA = Availability of the service for month
• MM = Total minutes in month
• EM = Excluded minutes in the month
• OM = Outage minutes in the month

Customer shall be entitled to one (3) day’s credit pro-rated from the Customer’s Recurring Monthly Service Fees for Private IP network services if APEIRON fails to meet the aggregate Network Availability guarantee during any calendar month.

Exclusions: Any calculation of Network Availability shall not include any unavailability resulting from (a) scheduled Network maintenance; (b) the occurrence of a Force Majeure event, (c) unavailability of an APEIRON Virtual POP; (c) the failure of non-service impacting equipment or systems responsible for network measurements; (d) the failure or malfunction of Customer Provided Equipment (CPE), or (e) impact to customer traffic due to Customer Provided Equipment (CPE) configuration changes initiated by Customer.

Network Availability will be measured using the Apeiron Network Monitoring System (NMS) once Customer reports a Service Outage to APEIRON via a trouble ticket.

Network Latency

Apeiron’s aggregate monthly average, roundtrip POP-to-POP latency on the Private IP Backbone Network shall be 110 milliseconds or less between Apeiron POP locations and Customer CPE.

Aggregate monthly roundtrip latency shall be calculated based on the geometric mean of regular measurement samples between Apeiron POPs and customer endpoints within the contiguous forty-eight (48) States of the USA.

Customer shall be entitled to one (1) day’s credit pro-rated from the Customer’s Recurring Monthly Service Fees if Apeiron fails to meet the aggregate Network Latency Guarantee during any calendar month.

Exclusions: Any calculation of Network Latency shall not include any failure attributable to (a) scheduled Network maintenance; (b) the occurrence of a Force Majeure event; (c) the failure of non-service impacting equipment or systems responsible for network measurements; (d) the failure or malfunction of Customer Provided Equipment (CPE), or (e) impact to customer traffic due to Customer Provided Equipment (CPE) configuration changes initiated by Customer.

Network Latency will be measured using the Apeiron Network Monitoring System (NMS) once Customer reports a Service Impact to APEIRON via a trouble ticket.

Network Packet Loss

Apeiron aggregate monthly average packet loss between Apeiron POPs on the Private IP Backbone shall not exceed 0.1%.

Packet Loss shall be calculated based on the arithmetic mean of aggregate monthly measurements between Apeiron POPs and Customer endpoints within the forty-eight (48) States of the USA.

Customer shall be entitled to one (1) days credit pro-rated from the Customer’s Recurring Monthly Service Fees if APEIRON fails to meet the aggregate Network Packet Loss SLA during any calendar month.

Exclusions: Any calculation of Network Packet Loss shall not include any failure attributable to (a) scheduled Network maintenance; (b) the occurrence of a Force Majeure event; (c) the failure of non-service impacting equipment or systems responsible for network measurements; (d) the failure or malfunction of Customer Provided Equipment (CPE), or (e) impact to customer traffic due to Customer Provided Equipment (CPE) configuration changes initiated by Customer.

Apeiron Internet Access Service SLA

Apeiron Internet Access Services Service Level Agreement (SLA) is applied to public internet network access delivered by the Apeiron platform.

Measurements

Internet Service Availability

APEIRON’s Internet Access Service will be available to Customer 99.95% of the time in a calendar month. Service Unavailability exists when a particular Customer’s Internet connection is unable to transmit and receive IP Packets to/from On Net/Off-VPN hosts.

An On-Net/Off-VPN host is defined as any Layer 3-enabled equipment owned and operated by APEIRON that responds to Internet Control Message Protocol (ICMP) commands such as PING or TraceRoute.

Service Unavailability is measured from the time On-Net/Off-VPN hosts stop responding, to the time Customer’s impaired internet service is again able to transmit and receive IP Packets from Apeiron On-Net/Off-VPN hosts. Service unavailability is measured by the Apeiron Network Monitoring System (NMS) in response to trouble ticket opened by Customer.

If Apeiron fails to meet the above Internet Service availability SLA, the credit for each cumulative hour of Service Unavailability, exceeding the initial twenty (20) minutes of unavailability per month, shall be one (1) day’s credit pro-rated from Customer’s Recurring Monthly Service Fees for the impaired Internet Access Service, not to exceed a total of seven (7) day’s prorated recurring monthly service charges. For example, the Customer would be eligible for credits as follows:

Scheduled Network Maintenance

Scheduled Network Maintenance refers to upgrades or modifications to network equipment software, network equipment hardware, or Network capacity. Scheduled Network Maintenance may temporarily degrade the quality of APEIRON’s Internet Service, including the possibility of short duration outages. Such effects related to Scheduled Network Maintenance shall not give rise to service credits under this SLA. Scheduled Network Maintenance shall be undertaken only on Tuesday and Thursday mornings between the hours of 2:00AM and 5:00AM Central Time in the United States independent of the local time zone of each respective Apeiron Point-of-Presence (POP). Apeiron shall attempt to provide Customer at least seven (7) calendar days prior notice of Scheduled Network Maintenance activity which has a high likelihood of impairing Customer’s services. If APEIRON’s Scheduled Network Maintenance is canceled or delayed, APEIRON shall promptly notify Customer and shall comply with the provisions of this Section to reschedule any delayed maintenance activity. APEIRON reserves the right to change Scheduled Network Maintenance dates & times upon 30 days notification to Customer.

Emergency Network Maintenance

Emergency Network Maintenance refers to efforts to correct network conditions that are likely to cause a material Service outage and that require immediate action. Emergency Network Maintenance may temporarily degrade the quality of Apeiron’s Services, including the possibility of short-duration outages. Such effects related to Emergency Network Maintenance shall entitle Customer to service credits as set forth in this SLA if and only if service degradation or loss-of-service occurs outside of Scheduled Network Maintenance time windows identified in Scheduled Maintenance. APEIRON may undertake Emergency Network Maintenance at any time deemed necessary and shall provide notice of Emergency Network Maintenance to Customer as soon as is commercially practicable under the circumstances.