This IntelliSecurity Services Service Level Agreement ("SLA") applies to Customers of NTT America's IntelliSecurity Services ("Services"). NTT America reserves the right to amend this SLA from time to time. Amendments shall be effective upon posting of the revised policy on the NTT America website.

This SLA provides Customer with certain rights and remedies regarding the performance by NTT America of the Services utilizing the NTT America Network. The "NTT America Network" means the NTT America owned and operated Internet Protocol (IP) routing infrastructure consisting solely of NTT America measurement devices at selected NTT America points of presence ("Selected POPs") and the connections between them in the forty-eight continental United States. The amount of credit available per month is subject to a cap described below.

1. Security Operations Center and IntelliSecurity Services Control Panel Availability Guarantee

   NTT America's goal is to make the SOC and IntelliSecurity Services Control Panel available to Customer free of Outages (as defined below) 99.93% of the time. An "Outage" is an instance in which connectivity to the NTT America Security Operations Center ("SOC") and/or the IntelliSecurity Services Control Panel is interrupted, but does not include interruptions arising as a result of the exceptions listed in Section 5.

   Subject to Sections 5 and 6 hereof, upon Customer's request (in accordance with the procedure set forth below), NTT America will issue a credit to Customer for Outages occurring during any calendar month that in the aggregate exceed ninety (90) minutes that are reported by Customer to NTT America and confirmed in the Customer's monthly IntelliSecurity Services reports as provided on Customer's IntelliSecurity Services Control Panel or, in the event that NTT America's measurement equipment is inoperable or faulty, that can be reasonably demonstrated by Customer to have occurred using industry standard measurement tools. Such credit will be equal to one day's worth (based on a thirty (30) day month) of the recurring monthly fees paid by Customer for the affected Services if the aggregate Outages exceed 90 minutes and one additional day's Services service fee credit for each additional cumulative twenty-four (24) hours of unavailability within the same calendar month.

2. Notification of Firewall Down

   NTT America's goal is to notify Customers if a firewall goes down within fifteen (15) minutes of the time that NTT America determines that it is unable to manage or monitor Customer's firewall. Notification will be implemented for all Customers via a posting on the IntelliSecurity Services Control Panel. Subject to Sections 5 and 6, if NTT America fails to notify Customer of a down firewall within fifteen (15) minutes of NTT America determining that it is unable to manage or monitor Customer's firewall, then upon Customer's request (in accordance with the procedure set forth below), NTT America will issue a credit to Customer equal to one day's worth (based on a thirty (30) day month) of the recurring monthly fees paid by Customer for the affected Services.

3. Security Policy Changes

   • NTT America's goal is to begin implementation of standard policy changes within one (1) hour of validation of the policy change by NTT America personnel etc, and to complete implementation of standard policy changes within twenty-four (24) hours of validation of the policy change by NTT America personnel.
   • NTT America's goal is to begin implementation of emergency policy changes within one (1) hour of validation of the policy change by NTT America personnel, and to complete implementation of emergency policy changes within twelve (12) hours of validation of the policy change by NTT America personnel.
   • If NTT America fails to implement a standard policy change within twenty-four (24) hours of validation, or an emergency policy change within twelve (12) hours of validation, then for each occurrence after the first such occurrence, upon Customer's request (in accordance with the procedure set forth below) and subject to Sections 5 and 6, NTT America will issue a credit to Customer equal to one day's worth (based on a thirty (30) day month) of the recurring monthly fees paid for the affected Services.

4. Hardware Replacement

   NTT America guarantees the functioning of all hardware components and will replace any failed component at no cost to the customer. This guarantee excludes the time required to rebuild the firewall policy and the reload of certain operating systems and applications.

   Hardware replacement will begin once NTT America identifies the cause of the problem. For standard products, which are stocked at NTT America, Hardware replacement is guaranteed to be complete within one hour of problem identification. Standard products include IntelliSecurity Protection Service I and II, Checkpoint I, II, III, and IV, Netscreen I and II. This SLA would not apply to Non standard or non stocked hardware and Customer would be provided a custom SLA for these types of custom requirements.

   In the event of a failure affecting IntelliSecurity Services Hardware provided by NTT America to Customer hardware located in NTT America's data center, NTT America's goal is to replace such defective Hardware within 1 hour of NTT America determining that replacement is necessary. When Customer hardware is located outside a NTT America data center, the goal is to ship replacement hardware within one (1) business day after NTT America determines that Hardware replacement is necessary. Replacement Hardware shipped to Customer premises must be installed by Customer, or can be performed by NTT America for an additional fee. NTT America's goal is to complete the download of the configuration and test such Hardware within six (6) hours of notice that the replacement Hardware is installed.

   If NTT America fails to replace such defective Hardware located within the datacenter within 1 hour of NTT America determining that replacement is necessary, or to ship replacement Hardware within one (1) business day of NTT America determining that Hardware replacement is necessary, then upon Customer's request (in accordance with the procedure set forth below) and subject to Sections 5 and 6, NTT America will issue a credit to Customer equal to one day's worth (based on a thirty (30) day month) of the recurring monthly fees paid for the affected Services.

5. Exceptions

   Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Services or NTT America Network or a failure to meet an SLA that is caused by or associated with:

   1. circumstances beyond NTT America's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, 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, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement;
   2. failure of access circuits to the NTT America Network, unless such failure is caused solely by NTT America;
   3. failure of customer's Internet access service, unless such service is provided by NTT America and failure is caused solely by NTT America;
   4. general third party telco failure;
   5. failure of Customer Provided Equipment used in connection with the Services;
   6. scheduled and emergency maintenance;
   7. DNS issues outside the direct control of NTT America;
   8. Customer's failure to maintain Equipment provided to Customer or Customer Provided Equipment used by Customer to receive the Services, Customer's failure to install and maintain operational an analog line for out of band access (where Customer is receiving Dedicated Access ISS), and other acts or omissions of Customer or others authorized by Customer, including without limitation, any negligence, willful misconduct, or use of the NTT America Network or NTT America services in breach of NTT America's Terms and Conditions and Acceptable Use Policy.

6. Credit Request and Payment Procedures

   Requests for credits must be made by Customer in writing via the Customer's IntelliSecurity Services Control Panel. Each request for credit in any calendar month must be received by NTT America within seven (7) days of the occurrence giving rise to the credit claim or, in the case of SLAs computed on a monthly basis, on receipt by Customer of the monthly ISS Report. Notwithstanding anything in this SLA to the contrary, the total amount credited to a Customer in connection with Security Operations Center and IntelliSecurity Services Control Panel Availability, Notification of Firewall Down, Policy Changes and Hardware Replacement in any calendar month in the aggregate will not exceed the total monthly invoice for fees payable by Customer for Services for such month.

   Each valid credit will be applied to a Customer invoice within two (2) billing cycles after NTT America's receipt of such request. Credits are exclusive of any applicable taxes charged to Customer or collected by NTT America.

7. General

   Except as set forth in this SLA, NTT America makes no claims regarding the availability or performance of the NTT America Network or the IntelliSecurity Services.

To learn more about putting Verio's IntelliSecurity Managed Services to work for you, contact one of our collaboration consultants at 800-269-3300.