Dolphini Networks Hosted Exchange Service Level Agreement

The Dolphini Networks Dolphini Networks Hosted Exchange Service Level Agreement ("SLA") applies to you ("Customer") if you have ordered Dolphini Networks Hosted Exchange ("Hosted Exchange") from Dolphini Networks. This SLA is governed by Dolphini Networks Stand-Alone Services Agreement and includes Dolphini Networks Acceptable Use Policy and Privacy Policy. Dolphini Networks provides Hosted Exchange for email, calendaring, task management, and file sharing, created using Microsoft© Exchange Server software and proprietary technology. This service is provided as a network-based service and is billed on a monthly subscription basis. Dolphini Networks provides all server and software maintenance, including 24x7 monitoring, 100% Network Uptime Guarantees, testing and deployment of software patches, bug fixes, service packs, and same-version upgrades.

Each organization will receive their initial allotment of private storage capacity per mailbox. Warnings are automatically sent via email near the limit granted by the system administrator for such user's personal mailbox. Should a user exceed their allocated limit, the user will be unable to send or receive email until the user either reduces the mailbox size below the imposed limit, or is granted an increase in personal mailbox capacity by Customer's system administrator. All Customer data is backed up to a separate storage device. Dolphini Networks performs full electronic backups on a daily basis. Backups are performed for disaster recovery purposes only. DOLPHINI NETWORKS IS NOT RESPONSIBLE FOR DATA LOSS RESULTING FROM THE FAILURE OR LOSS OF THE DATA STORAGE OR BACKUP MEDIA.

Scheduled Maintenance: Scheduled Maintenance activities will only be scheduled between 11:00 pm and 7:00 am Central Standard Time (CST) Saturday and Sunday, for the implementation of patches, upgrades and repairs. Please note, however, that Emergency Maintenance may be conducted at any time that Dolphini Networks deems the scope of the maintenance urgent enough to warrant immediate action.

Notification: When Scheduled Maintenance is expected to cause a service outage, Dolphini Networks will provide Customer notification 72 hours in advance of the scheduled maintenance time when or if possible.

Emergency Maintenance: Critical patches, upgrades and fixes are defined as
- Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTP'ing Webspace contents, Graphics, text, Sound, image-mapping, etc.
- CGI-Scripts: requires knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, C-Shell scripts, permissions, etc.

Force Majeure Events: Events beyond Dolphini Networks reasonable control that cause a delay or failure in the performance of Dolphini Networks obligations under this SLA., including, without limitation, acts of any governmental body, war, insurrection, sabotage, terrorism, embargo, fire or other acts of God, labor disturbances, Internet system unavailability, virus attacks, unavailability of or other interruption or delay in telecommunications, carriers or hackers, failure of third party software.

Hosted Exchange, with the ability to send and receive email, shall be available for use by Customer ninety-nine and nine tenths percent (99.9%) of the time as calculated on a monthly basis, 24 hours per day, 365 days per year, excluding Scheduled Maintenance, Emergency Maintenance and Force Majeure Events.

This SLA does not include the administration provisioning web interface. All efforts will be made to make sure that provisioning is available. In such a case where the users can send and receive email but the provisioning system is unavailable the SLA is considered met.

Hosted Exchange is monitored from the Dolphini Networks core Internet routers and internal software. Outages affected by Customer's network and/or the Internet are not included in calculating the SLA and are not considered a Dolphini Networks service outage. As long as a user is able to send and receive email using one of the following access methods the SLA is considered met. The following access is continuously checked for availability:
- Availability = [Total Monthly Minutes - Maintenance Minutes - Downtime Minutes] / [Total Monthly Minutes - Maintenance Minutes]

Maintenance minutes include:
- Scheduled Maintenance Minutes
- Emergency Maintenance Minutes
- Force Majeure Event Minutes

In the event the service level uptime falls below 97.0% in any four (4) consecutive months over any twelve (12) month period, Customer will receive a 15% service credit in the next monthly billing period and Customer shall have the right to terminate the Agreement without any penalties.

In the event the service level uptime falls below 96.0% in any three (3) consecutive months over any twelve (12) month period, Customer will receive a 25% service credit on the Monthly Service Charge and shall have the right to terminate the Agreement without any penalties.

In the event the service level uptime falls below 94.0% in any two (2) consecutive months over any twelve (12) month period, Customer will receive a 35% service credit on the Monthly Service Charge and shall have the right to terminate the Agreement without any penalties.

In order to receive a credit under this SLA, a request thereof must be made by Customer via email to the Dolphini Networks. Each request in connection with Hosted Exchange must be received by Dolphini Networks within thirty (30) days of the service impact and must be confirmed by Dolphini Networks measurements of the SLA.

Each valid credit will be applied to an invoice of Customer within two billing cycles after Dolphini Networks receipt of Customer's request. Credits are exclusive of any applicable taxes charged to Customer or collected by Dolphini Networks.

Notwithstanding anything in this Hosted Exchange SLA to the contrary, the total amount credited to a Customer in connection with the credit request for any calendar month will not exceed the fee paid by Customer for Hosted Exchange for such month.