SERVICE LEVEL AGREEMENT

This document constitutes Circa 3000's Service Level Agreement (SLA). Circa 3000 ("CIRCA") reserves the right to modify this Agreement at any time, effective upon posting of the modified Agreement to this URL: http://www.circa3k.com/SLA.cfm.

Eligibility

All CIRCA Customers are eligible for this SLA. CIRCA does not require contract commitments in order to qualify for guaranteed service levels.

Claims

1. Customers are required to submit claims to CIRCA at the time of Network Unavailability, permitting CIRCA a reasonable opportunity to diagnose and correct the failure in a most timely manner.
2. Services for which CIRCA is not a contractual partner or which are not operated by CIRCA shall not be subject to this SLA. The SLA sets forth Customer’s sole remedies for any claim relating to this service or the CIRCA Network, including any failure to meet any guarantee set forth in the SLA.
3. CIRCA’s records and data shall be the sole and exclusive basis for all SLA calculations and determinations.
4. False or frivolous claims, as determined solely by CIRCA, are subject to the "abuse of support" terms in CIRCA's Acceptable Use Policy.

Refunds

1. Customers must request any SLA refund.
2. Requests for refund must be submitted no earlier than the 1st day of the following month and no later than the last day of the following month.
3. The maximum refund payable in any month for the Service under any part of this SLA shall be limited to the monthly fees payable by Customer in respect thereof.

Guarantee

CIRCA's Availability Guarantee is to have the Circa Network available 100% of the time and, as set forth below, CIRCA will refund Customer if CIRCA fails to meet this Availability Guarantee during any given calendar month. At Customer's request, CIRCA will calculate Customer's "Network Unavailability" for the previous calendar month. "Network Unavailability" consists of the number of minutes that the Circa Network was not available to Customer, but will not include any unavailability resulting from:

• Circa Network maintenance
• account Expiration or Termination
• applications, equipment, or facilities not owned and operated by CIRCA
• acts or omissions of Customer, or any use or user of the service authorized by Customer
• reasons of Force Majeure

For each cumulative minute of Network Unavailability, Customer shall be refunded .05% of the Circa Monthly Fee for the service with respect to which this Guarantee has not been met, for a maximum refund of 100% (at 33.3 hours of cumulative Network Unavailability).