MULTACOM - we make the net work

Introduction

Multa Communications Corporation (“Multacom”) understands the need for Internet-based communication services that are reliable and available to customers at all times, 7 days a week and 24 hours a day. At Multacom, we devote our efforts to fulfill customer’s need for uninterrupted services by periodically assessing our Network infrastructure and building and strengthening our relationships with our carriers, suppliers and Network peers.

Multacom will use commercially available and reasonable efforts to meet the service levels described below. Due to advances in technology, at Multacom’s sole discretion, it may increase its level(s) of services from the levels described in the Service Level Policies (“Upgrades”), or discontinue one or all of the described services or service levels. Multacom reserves the right to do so without prior notices to, and/or consent from, its customers. A described service or service level that is discontinued will not be available to new services ordered after the date of discontinuance. However, a discontinued service level will continue to be available for an existing service ordered prior to the discontinuance for an additional 6 month period from the discontinuation date, unless that service is terminated by the customer or Multacom before the end of the six month period. If an existing customer changes services, the then current and in place service level policies will be applicable to the changed services. Upgrades will take effect on the date specified in Multacom’s notices to customers. Notices to customers of any Upgrade may be made either (a) by mail or (b) on the Multacom Web Site at www.multacom.com.

For purposes of the Service Level Policies, the term “Network”, “Multacom Backbone Network” or “Multacom Network” means the equipment operated and maintained by Multacom, and Multacom’s circuits, servers and other data transmission equipment that comprises the Multacom Wide Area Network. The definition of this term does not include any circuits, servers, hardware, transmission or other equipment, or the networks of any third party, or any customer server, hardware or other equipment, which is not managed and maintained by Multacom.

Also for purpose of the Service Level Policies, the term “Non-Eligible Events” shall mean one, or more than one, of the following events (collectively, “Non-Eligible Events”):

(1) A force majeure event as defined in Section 15.5 of the most recent Multacom Customer Service Agreement, a copy of which will be provided upon request;

(2) Any action or inaction of the customer or any user or customer of the customer; or the failure or incompatibility of customer’s facilities, computer or other equipment (including software applications) necessary for the services ordered by the customer as described in Sections 2.1 of the most recent Multacom Customer Service Agreement, a copy of which will be provided upon request, or the breach or non-performance of Multacom Customer Service Agreement by the customer; or

(3) Any planned or scheduled maintenance by Multacom or Multacom’s carriers, subcarriers, external Service Provider or Network Access Point.

Multacom Network Uptime Policy For the Continental United States

It is Multacom’s policy to use its best effort to make its Multacom Network available 99.9% of the time within the Continental United States. This policy is not applicable to Multacom Network outside the Continental United States.

At customer’s request, Multacom will calculate the Unavailable Network Time for a customer in any calendar month of services. “Unavailable Network Time” for this Section shall mean the time during which the Multacom Network is interrupted and unavailable to a customer, which is not caused by a Non-Eligible Event. Multacom’s data and records shall be the basis for the determination of the availability of Multacom Network.

To find out the specific service areas covered by Multacom Network in the Continental United States, please refer to Multacom Network Map.

Applicable Services
This Network Uptime Policy is applicable and available only to customers who have subscribed for and are using one of the following Multacom services: (1) Point-to-Point (Multanet), (2) Frame Relay or (3) ATM.

Reporting Procedures
A customer may be eligible for an Unavailable Network Time credit if the Unavailable Network Time is reported by the customer to Multacom pursuant to the following reporting procedures:

(1) The customer has experienced Unavailable Network Time for 60 consecutive minutes or more per incident during any calendar month of services;

(2) The customer reports such Unavailable Network Time to Multacom during the Unavailable Network Time or within 2 hours from the end of the Unavailable Network Time;

(3) Multacom confirms the Unavailable Network Time reported by the customer and provides a written confirmation to the customer;

(4) Multacom determines that the Unavailable Network Time was not a result of a Non-Eligible Event; and

(5) The customer requests a credit within one week from the date stated on Multacom’s written confirmation of the Unavailable Network Time.

Unavailable Network Time Credit
The Unavailable Network Time Credit provided here will be the only remedy available to a customer should that customer experience any Unavailable Network Time, and Multacom is not liable for any other losses, damages or any other claims that the customer might have against Multacom. If a customer requests a credit in accordance with the above-provided procedures and is eligible for a credit pursuant to this Multacom Network Uptime Policy, customer’s account will be credited as follows:

If a customer experienced Unavailable Network Time for 60 consecutive minutes or less per incident, no credit will be given to the customer. If a customer experienced Unavailable Network Time, which was not caused by one, or more than one, of the Non-Eligible Events, for more than 60 consecutive minutes per incident, then for each sixty minute increment of the Unavailable Network Time experienced by a customer, the account for that customer will be credited for the pro-rated charges for one hour of the then effective monthly Recurring Charges as specified in Multacom Service Agreement with that customer for the services affected by such Unavailable Network Time, which shall equal to the total amount of the monthly Recurring Charges for the affected services divided by 30 and then divided by 24. The maximum credit that any one customer can receive for a single calendar month shall not exceed the total amount of the monthly Recurring Charges for the services affected by such Unavailable Network Time.

If a customer experienced Unavailable Network Time for 120 consecutive minutes or mo re per incident (the “Extended Unavailable Network Time”) and experienced ten (10) or more such incidents of the Extended Unavailable Network Time during a calendar month for three consecutive calendar months, then the customer may terminate the Multacom Customer Service Agreement with Multacom pursuant to Section 10.1(c) of the Multacom Customer Service Agreement, provided that under this situation, Multacom will not be afforded a thirty day period to cure the breach, and that Customer may terminate the Multacom Customer Service Agreement immediately by giving a written notice to Multacom.

Multacom Network Uptime Policy For the Connection Between the United States and People’s Republic of China

The Multacom Network for the connection between the United States and People’s Republic of China will not be interrupted and unavailable for over 180 minutes. This policy is only applicable to the Multacom Network for the connection between the United States and People’s Republic of China.

At customer’s request, Multacom will calculate the Unavailable Network Time for a customer in any calendar month of services. “Unavailable Network Time” for this section shall mean the time during which the Multacom Network is interrupted and unavailable to a customer, which is not caused by a Non-Eligible Event. Multacom’s data and records shall be the basis for the determination of the availability of Multacom Network. To find out the specific service areas covered by Multacom Network, please refer to Multacom Network Map.

(1) The customer has experienced Unavailable Network Time for 180 consecutive minutes or more per incident during any calendar month of services;

(2) The customer reports such Unavailable Network Time to Multacom during the Unavailable Network Time or within 2 hours from the end of the Unavailable Network Time;

(3) Multacom confirms the Unavailable Network Time reported by the customer and provides a written confirmation to the customer;

(4) Multacom determines that the Unavailable Network Time was not a result of a Non-Eligible Event; and

(5) The customer requests a credit within one week from the date stated on Multacom’s written confirmation of the Unavailable Network Time.

Unavailable Network Time Credit. The Unavailable Network Time Credit provided here will be the only remedy available to a customer should that customer experience any Unavailable Network Time, and Multacom is not liable for any other losses, damages or any other claims that the customer might have against Multacom. If a customer requests a credit in accordance with the above-provided procedures and is eligible for a credit pursuant to this Multacom Network Uptime Policy, customer’s account will be credited as follows:

If a customer experienced Unavailable Network Time for 180 consecutive minutes or less per incident, no credit will be given to the customer. If a customer experienced Unavailable Network Time, which was not caused by one, or more than one, of the Non-Eligible Events, for more than 180 consecutive minutes per incident, then for each sixty minute increment of the Unavailable Network Time experienced by a customer, the account for that customer will be credited for the pro-rated charges for one hour of the then effective monthly Recurring Charges as specified in Multacom Service Agreement with that customer for the services affected by such Unavailable Network Time, which shall equal to the total amount of the monthly Recurring Charges for the affected services divided by 30 and then divided by 24. The maximum credit that any one customer can receive for a single calendar mo nth shall not exceed the total amount of the monthly Recurring Charges for the services affected by such Unavailable Network Time.

If a customer experienced Unavailable Network Time for 180 consecutive minutes or more per incident (the “Extended Unavailable Network Time”) and experienced ten (10) or more such incidents of the Extended Unavailable Network Time during a calendar month for three consecutive calendar months, then the customer may terminate the Multacom Customer Service Agreement with Multacom pursuant to Section 10.1(c) of the Multacom Customer Service Agreement, provided that under this situation, Multacom will not be afforded a thirty day period to cure the breach, and that Customer may terminate the Multacom Customer Service Agreement immediately by giving a written notice to Multacom.

Packet Success Service Level Policy For the Continental United States

Multacom will make its best effort to provide 99% IP packet success rates through the designated Multacom Backbone Network in the Continental United States. This policy is not applicable to Multacom Backbone Network outside the Continental United States.

Multacom’s packet success rates are met if IP packets across the designated Multacom Backbone Network are delivered at least 99% of the time on average in any calendar month of services. The measurement that Multacom uses to determine the monthly success rates is the US industry standard “ping” tests. Multacom will measure the monthly average success rates by averaging sample measurements taken during a calendar month.

To find out the specific service areas covered by Multacom Network, please refer to Multacom Network Map.

Applicable Services
This Packet Success Service Level Policy is applicable and available only to customers who have subscribed for and are using one of the following Multacom services: (1) Point-to-Point (Multanet), (2) Frame Relay or (3) ATM

Reporting Procedures
A customer may be eligible for a packet loss credit if the loss is reported by the customer to Multacom pursuant to the following reporting procedures:

(1) The customer has experienced IP packet delivery across designated Multacom’s Backbone Network at a success rate of less than 99% for a period of two consecutive calendar months or more;

(2) The customer reports such IP packet loss to Multacom within 24 hours after experiencing the loss or within 24 hours from the completion of the second calendar month wherein the customer has experienced the IP packet loss as described in the previous paragraph;

(3) Multacom confirms the IP packet loss reported by the customer and provides a written confirmation to the customer;

(4) Multacom determines that the packet loss was not a result of a Non-Eligible Event; and

(5) The customer requests a credit within one week from the date stated on Multacom’s written confirmation of the IP packet loss.

Packet Loss Credit
The Packet Loss Credit provided here will be the only remedy available to a customer should that customer experience any Packet Loss, and Multacom is not liable for any other losses, damages or any other claims that the customer might have against Multacom. If a customer requests a credit in accordance with the above-provided procedures and is eligible for a credit pursuant to this Multacom Packet Loss Service Level Policy, customer’s account will be credited as follows:

If a customer experienced IP packet loss, which was not caused by one, or more than one, of the Non-Eligible Events, for two consecutive months or more, no credit will be given to the customer for the first month. For each additional month thereafter that the IP packet delivery falls below the 99% success rate, the account for that customer will be credited for the pro-rated charges for one day of the then effective monthly Recurring Charges as specified in Multacom Service Agreement with that customer for the services affected by the IP packet loss, which shall equal to the total amount of the monthly Recurring Charges for the affected services divided by 30.

Latency Service Level Policy\ For the Continental United States

The latency experienced on the Multacom Backbone Network will not be slower than the 85 ms transmission rate in the Continentalb United States. This policy is not applicable to Multacom Backbone Network outside the Continental United States.

The above-mentioned transmission rate for a specified area is the rate for an average round-trip transmission between two Multacom designated Network Points of Presence (POPs). The measurement of the latency is based on the monthly average transmission rates, and Multacom will measure the monthly average transmission rates by averaging sample measurements taken between two POPs during a calendar month.

To find out the specific service areas covered by Multacom Network, please refer to Multacom Network Map.

Applicable Services
The Latency Service Level Policy is applicable and available only to customers that have subscribed for and are using one of the following Multacom services: (1) Point-to-Point (Multanet), (2) Frame Relay or (3) ATM

Reporting Procedures
A customer may be eligible for a latency credit if the slower transmission rates are reported by the customer to Multacom pursuant to the following reporting procedures:

(1) The customer has experienced transmission rates slower than the rates set forth in this Latency Service Level Policy in the above-described service area for a period of two consecutive calendar months or more;

(2) The customer reports such slower transmission rates to Multacom within 24 hours after experiencing the slower transmission rates or within 24 hours from the completion of the second calendar month wherein the customer has experienced the slower transmission rates as described in the previous paragraph;

(3) Multacom confirms the slower transmission rates during the two-month period reported by the customer and provides a written confirmation to the customer;

(4) Multacom determines that the slower rates were not the result of a Non-Eligible Event; and

(5) The customer requests a credit within one week from the date stated on Mutlacom’s written confirmation of the slower transmission rates.

Latency Credit
The Latency Credit provided here will be the only remedy available to a customer should that customer experience any slower transmission rates, and Multacom is not liable for any other losses, damages or any other claims that the customer might have against Multacom. If a customer requests a credit in accordance with the above-provided procedures and is eligible for a credit pursuant to this Section, customer’s account will be credited as follows:

If a customer experienced the slower transmission rates, which was not caused by one, or more than one, of the Non-Eligible Event, for two consecutive months or more, no credit will be given to the customer for the first month. For each additional month thereafter that the transmission rates are slower than the average latency set forth in this Latency Service Level Policy, the account for that customer will be credited for the pro-rated charges for one day of the then effective monthly Recurring Charges as specified in Multacom Service Agreement with that customer for the services affected by the slower transmission rates, which shall equal to the total amount of the monthly Recurring Charges for the affected services divided by 30.

Multacom Customer Care Support Services

Technical Support – Language Skills

Multacom’s technical support center will be staffed on a 7 days a week and a 24 hours a day basis. Multacom’s technical support staff is fluent in both English and Chinese (Cantonese and Mandarin) in order to better serve the technical needs of our customers in the United States and in Pacific Rim countries.

Restoration or Service Correction Response Time Guideline

Multacom will use its best efforts to respond within 4 hours from the time that a customer reports a service interruption or failure to Multacom. Multacom’s response to such a report shall include, but shall not be limited to, restoring or correcting a service failure. As soon as reasonably possible after a service interruption or failure has been reported, the customer will be informed of the status of the interruption or failure, source or cause of the interruption or failure, and the projected time to restore or correct the service.