RESPONSIVENESS GUARANTEE

01.com makes material efforts to respond to its Customers' contact 24/7. A Response is defined as the acceptance of the ticket, and a reply to it. An acceptable response may include escalating the ticket to another person or department without 24/7 availability, and with the experience, skill or authority to more efficiently resolve the ticket for the Customer. The Company makes best efforts to make its Help Desk available 24/7 to customer issues, tracked through an enterprise trouble ticketing system. A ticket is issued for each inquiry and issue, whether customers contact us by web, e-mail, chat or phone. Responses are tracked and measured by the help desk ticketing system, and may be reviewed by the Customer directly through the Customer Self-service Portal.

At the time such contact is made, we request that customers identify the priority of their issue on a scale of Low, Medium, High, Urgent, Emergency and Critical. The Company makes best efforts to respond to tickets based on their priority, and depends on Customers' accurate assessments, where generally the priorities correspond to:

1. Low: Please respond within 5 days, there is no work slow down associated with the issue
2. Medium: Please respond within 2 days, there may be a work slow down caused by the issue
3. High: Please respond within 24 hours, one person may be experiencing a work slow down
4. Urgent: Please respond within 8 hours, one person's work is stopped, or a group may be slowed
5. Emergency: Respond within 4 hours, a group's work may be stopped, or a company's may be slowed
6. Critical: Respond within 15 minutes, a company's work is stopped due to an issue.

Tickets of the same Priority are prioritized first-come, first served.

100% UPTIME GUARANTEE

This 100% uptime guarantee applies to 01.com Zimbra Hosting clients in good financial standing and outside of their free trial period with 01.com at the time of a service outage.

SERVICE LEVEL AGREEMENT & SPECIFICATIONS

01.com endeavors to have your e-mail services accessible by any party in the world 100% of the time. Network downtime (unavailability) is defined as 100% packet loss from 01.com's data center to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via 01.com's data center's online ticketing system or e-mail. If the ticketing system or e-mail itself is unreachable, the ticket must be started by calling 01.com on one of its toll-free support lines. 01.com's administrators will determine the end of the downtime by a trace-route to the customer's machine from outside the 01.com's network.

CREDITS

Shared Hosting - We monitor services in our shared hosting environment continuously with the exception of scheduled maintenance periods, and we report the results of this monitoring publicly at http://watcher.01.com, available by PDAs at http://PDA.01.com. Due to the margin of error caused by software we use to monitor our services, we define reported availability above 99.75% as "100% Availability". In the event that your Zimbra service is not available at least 99.75%, 01.com will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed 50% of the monthly service charge for the affected month.

MONTHLY UPTIME CREDIT: SHARED HOSTING

MANAGED, DEDICATED SERVERS AND COLOCATION

For managed dedicated server and colocation customers if the uptime is between 98.9% and 99.75% for any particular month the credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by the customer for the services during that month period. In addition, for managed dedicated server, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed fifty (50) percent of the monthly service charge for the affected month.

MINUTES OF CONTINUOUS DOWNTIME CREDIT: MANAGED, DEDICATED SERVERS AND COLOCATION

In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by e-mailing billing (at) 01.com, subject: credit request. Credits will normally be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.

RESTRICTIONS

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Availability caused by or associated with:

1. circumstances beyond 01.com's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, theft, armed conflict, 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, virus attacks or hackers, failure of third party software (including, without limitation, Zimbra, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
2. failure of bandwidth providers to the 01.com's data center Network, unless such failure is caused solely by 01.com or its data center;
3. scheduled maintenance and emergency maintenance and upgrades, such as and not limited to the case of installing security patch releases;
4. Firewall and DNS issues outside the direct control of 01.com's data center;
5. issues with FTP, POP, IMAP, or SMTP customer access;
6. false SLA breaches reported as a result of outages or errors of any 01.com's measurement system;
7. customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc.), any negligence, willful misconduct, or use of the Services in breach of 01.com's data center's Terms and Conditions and Acceptable Use Policy;
8. e-mail or webmail delivery and transmission;
9. DNS (Domain Name Server) Propagation;
10. outages elsewhere on the Internet that hinder access to your account.

01.com is not responsible for browser or DNS caching that may make your web mail or domain admin appear inaccessible when others can still access it. 01.com will guarantee only those areas considered under the control of 01.com: 01.com's data center server links to the Internet, 01.com's data center's routers, and 01.com's servers.

LATENCY GUARANTEE

01.com's goal is to keep Average Round-Trip Latency on the 01.com's data center Network to 50 milliseconds or less in North America, 85 milliseconds or less in Europe, and 120 milliseconds or less in Asia and the Pacific Rim. "Average Round-Trip Latency", with respect to a given month, means the average time required for round-trip packet transfers between Selected POPs on the 01.com Network during such month, as measured by 01.com. If Average Round-Trip Latency on the 01.com Network for a calendar month exceeds the target milliseconds, then upon Customer's request (in accordance with the procedure set forth below), 01.com will issue a credit to Customer equal to and not to exceed in any calendar month one day's worth of the Hosting Fee (as defined below) paid by Customer for such month.

PACKET LOSS GUARANTEE

01.com's goal is to keep Average Packet Loss on the 01.com Network to .01% or less. "Average Packet Loss", with respect to a given month, means the average percentage of IP packets transmitted on the 01.com Network during such month that are not successfully delivered, as measured by 01.com. If Average Packet Loss exceeds .01% during a calendar month, then upon Customer's request (in accordance with the procedure set forth below), 01.com will issue a credit to Customer equal to and not to exceed in any calendar month one day's worth of the Hosting Fee (as defined below) paid by Customer for such month.

The terms of this SLA relating to Average Round-Trip Latency and Average Packet Loss will take effect the first full calendar month after Customer's first use of the 01.com Network.

DEDICATED AND COLOCATION SERVER ENVIRONMENTAL/CRITICAL SYSTEMS GUARANTEES

We guarantee that environmentals/critical systems within our own data center, including power and HVAC (72 degrees +/-3) infrastructure including UPSs, PDUs and cabling will be available 100% of the time in a given month (excluding scheduled maintenance). Should downtime occur, 01.com will credit the customer's accounts as outlined above in the "Credits: section. Critical systems should be considered to include functioning of all power and HVAC infrastructure including UPS equipment, poer supplies and cabling. Critical systems downtime should be considered to exist when a customer's server is shut down due to power or heat problems and a ticket has been opened for the incident in the 01.com ticket tracking system. Critical System downtime is measured from the time the ticket is opened regarding server downtime to the time the problem is resolved and the server comes back online.