1.1    CIR (Committed Information Rate)

PI provides a one hundred percent 100% CIR for each Customer circuit excluding ADSL service.  The circuit speed is found on the Phoenix Internet Order Form.  CIR is measured from the Customer’s CPE to PI’s core Internet gateway.   CIR shall be measured by taking the average of 5 sample measurements within a 24 hour period.

1.2    Network Packet Delivery

Phoenix Internet's Network Packet Delivery SLA is packet delivery of 99.99% or greater between Customer's CPE(s) and Phoenix Internet Internet Gateway.  Packet Delivery shall be measured by taking the average of 5 sample measurements within a 24 hour period.

2.1    Service Level Commitment

For the services provided to Customer under the Agreement with PI, PI is committed to maintain end-to-end, Network availability (as defined below) of ninety-nine and nine-nine-hundredths percent (99.99%) as monitored at PI principle office in Phoenix, Arizona.  This availability applies to each circuit considered part of the Customer’s network provided under the Agreement.

2.2    Scheduled Maintenance

Scheduled Maintenance shall mean any maintenance at the Phoenix Internet POP to which Customer's circuit is connected (a) of which Customer is notified 48 hours in advance, and (b) that is performed during a standard maintenance window on Tuesdays and Thursdays from 3 AM to 6 AM local time of the Phoenix Internet POP to which Customer's circuit is connected. Notice of Scheduled Maintenance will be provided to Customer's designated point of contact by a method elected by Phoenix Internet (telephone, email, fax or pager).

2.3    Measurement and Calculation

 “Network Availability” is the ratio the time a Circuit connection is capable of accepting and delivering information to the total tine the Measurement Period.  Network Availability is expressed as a percentage.

 The calculation for Network Availability is:

{å (Total Minutes in Measurement Period – Total Minutes of Circuit Downtime in Measurement Period) / Total Minutes in Measurement Period} X 100% 

Outage time Starts from the time PI opens a trouble ticket because it either has actual knowledge of a problem or the Customer identifies the problem and notifies PI, whichever comes first, until the trouble ticket is closed by PI.

2.4    Components Included

The performance of the following components of the Service(s) shall be included in the determination of Network Availability:

• All ports on the PI Network under contract with Customer

The following shall be excluded from any network outage when calculation of the Network Availability:

• Network downtime during PI’s scheduled maintenance windows
•  The failure of any components due to negligence or intentional misconduct of the Customer
• All Customer Premise Equipment (CPE), whether or not provided by PI.
• Network downtime due to Acts of God or nature
•  Failures due to the local loop for digital line services

2.5    Network Availability Remedies

Upon notification by Customer and verification by PI that the actual Network Availability is below the committed Network Availability for the Measurement Period, PI shall apply a credit according to the table below for each circuit with validated outages in the applicable Measurement Period on the Customer’s next bill.  Such credit shall be Customer’s sole and exclusive remedy for PI’s failure to meet the committed Network Availability.  To receive credit if this SLA has not been met, customers must request SLA credit within 30 days from the date the SLA was not met.

If availability is in the range:	Service credit per affected Circuit per month is:
99.5 – 99.89% Average per Month	10% of monthly End User service charge
< 99.5% Average per Month	20% of monthly End User service charge