01.COM CLOUD HOSTING SERVICE LEVEL AGREEMENT (SLA)

RESPONSIVENESS GUARANTEE

01.com makes material efforts to respond to its Customers' contact 24x7. The Company makes commercially reasonable efforts to make its Help Desk available 24x7 to customer issues, tracked through an enterprise trouble ticketing system. A ticket is issued for each inquiry and issue, whether customers contact us by web, e-mail, chat or phone.

A Response is defined as the acceptance of the ticket, and a reply to it. An acceptable response may include escalating the ticket to another person or department without 24x7 availability, and with the experience, skill or authority to more efficiently resolve the ticket for the Customer. Responses are tracked and measured by the help desk ticketing system, and may be reviewed by the Customer directly through the online help desk: http://helpdesk.01.com.

At the time such contact is made, we request that customers identify the priority of their issue on a scale of Low, Medium, High, Urgent, Emergency and Critical. The Company makes best efforts to respond to tickets based on their priority, and depends on Customers' accurate assessments, where generally the priorities correspond to:

1. Low: Please respond within 5 days, there is no work slow down associated with the issue
2. Medium: Please respond within 2 days, there may be a work slow down caused by the issue
3. High: Please respond within 24 hours, one person may be experiencing a work slow down
4. Urgent: Please respond within 8 hours, one person's work is stopped, or a group may be slowed
5. Emergency: Respond within 4 hours, a group's work may be stopped, or a company's may be slowed
6. Critical: Respond within 1 hour, a company's work is stopped due to an issue.

Tickets of the same Priority are prioritized first-come, first served.

UPTIME GUARANTEE

This uptime guarantee applies to 01.com Zimbra Hosting clients in good financial standing and outside of their free trial period with 01.com at the time of a service outage.

SERVICE LEVEL AGREEMENT & SPECIFICATIONS

01.com endeavors to have your e-mail services accessible by any party in the world 100% of the time. Network downtime (unavailability) is defined as 100% packet loss from 01.com's data center to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via 01.com's data center's online ticketing system or e-mail.

If the ticketing system or e-mail itself is unreachable, the ticket must be started by calling 01.com on one of its toll-free support lines. If the phone system is unavailable, please start a ticket by using AIM/iChat: help@01.com. 01.com's administrators will determine the end of the downtime by a trace-route to the customer's machine from outside the 01.com's network.

CREDITS

Shared Hosting - We monitor services in our shared hosting environment continuously with the exception of scheduled maintenance periods, and we report the results of this monitoring publicly at http://watcher.01.com, available by PDAs at http://PDA.01.com. Due to the margin of error caused by software we use to monitor our services, we define reported availability above 99.75% as "100% Availability". In the event that your Zimbra service is not available at least 99.75%, then upon Customer's request 01.com will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured for the entire calendar month, with the maximum credit not to exceed 50% of the monthly service charge for the affected month.

MONTHLY UPTIME CREDIT: CLOUD HOSTING

MANAGED, DEDICATED SERVERS AND COLOCATION

Covered under a separate, MSA. This SLA applies only to 01.com's cloud (aka "shared") Zimbra hosting services.

RESTRICTIONS

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Availability caused by or associated with:

1. circumstances beyond 01.com's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, theft, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, Zimbra, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
2. failure of bandwidth providers to the 01.com's data center Network, unless such failure is caused solely by 01.com or its data center;
3. scheduled maintenance and emergency maintenance and upgrades, such as and not limited to the case of installing security patch releases;
4. Firewall and DNS issues outside the direct control of 01.com's data center;
5. issues with FTP, POP, IMAP, or SMTP customer access;
6. false SLA breaches reported as a result of outages or errors of any 01.com's measurement system;
7. customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc.), any negligence, willful misconduct, or use of the Services in breach of 01.com's data center's Terms and Conditions and Acceptable Use Policy;
8. e-mail or webmail delivery and transmission;
9. DNS (Domain Name Server) Propagation;
10. outages elsewhere on the Internet that hinder access to your account.

01.com is not responsible for browser or DNS caching that may make your web mail or domain admin appear inaccessible when others can still access it. 01.com will guarantee only those areas considered under the control of 01.com: 01.com's data center server links to the Internet, 01.com's data center's routers, and 01.com's servers.

LATENCY GUARANTEE

01.com's goal is to keep Average Round-Trip Latency on the 01.com's data center Network to 50 milliseconds or less in North America, 85 milliseconds or less in Europe, and 120 milliseconds or less in Asia and the Pacific Rim. "Average Round-Trip Latency", with respect to a given month, means the average time required for round-trip packet transfers between Selected POPs on the 01.com Network during such month, as measured by 01.com. If Average Round-Trip Latency on the 01.com Network for a calendar month exceeds the target milliseconds, then upon Customer's request, 01.com will issue a credit to Customer equal to and not to exceed in any calendar month one day's worth of the Hosting Fee paid by Customer for such month.

PACKET LOSS GUARANTEE

01.com's goal is to keep Average Packet Loss on the 01.com Network to .01% or less. "Average Packet Loss", with respect to a given month, means the average percentage of IP packets transmitted on the 01.com Network during such month that are not successfully delivered, as measured by 01.com. If Average Packet Loss exceeds .01% during a calendar month, then upon Customer's request (in accordance with the procedure set forth below), 01.com will issue a credit to Customer equal to and not to exceed in any calendar month one day's worth of the Hosting Fee (as defined below) paid by Customer for such month.

The terms of this SLA relating to Average Round-Trip Latency and Average Packet Loss will take effect the first full calendar month after Customer's first use of the 01.com Network.