Service Level Agreement

Netplan Internet Solutions Ltd. Network Availability Service Level Guarantee

Netplan’s Network Availability Service Level Guarantee is that the

Netplan network will be available 100% of the time. The Netplan network is the combination of Netplan Internet Solutions Ltd. operated equipment, servers, circuits, and other data transmission facilities. Netplan’s network guarantee will be measured on the number of minutes that the Netplan Internet Solutions Ltd. network was not available as reasonably determined by Netplan Internet Solutions Ltd .

If Netplan determines that the network is unavailable for one (1) or more consecutive hours during any calendar month, Netplan, upon the CUSTOMER’s request, will credit the CUSTOMER’s invoice the prorated charges of one (1) day of the Netplan Internet Solutions Ltd. service fee for each consecutive hour, up to a maximum of 30 hours.

Tail Circuits

In the event of a tail circuit failure (the circuit connection to the

CUSTOMER) a discretionary credit may be made by Netplan to the CUSTOMER providing that Netplan Internet Solutions Ltd. is able to secure an equivalent amount from the circuit provider. Credits for tail circuit failures are at Netplan’s sole discretion.

Netplan Latency Service Level Guarantee

Netplan’s Latency Service Level Guarantee is based on an average round trip transmission across the Netplan backbone network for the Netplan services listed under Guarantee Coverage. Latency shall be measured by Netplan averaging sample measurements taken during a calendar month.

UK Network 60 Milliseconds or less

Transatlantic Link 140 Milliseconds or less

Claims

To receive the credit if any of the guarantees has not been met, the CUSTOMER must e-mail support@netplan.co.uk within 30 days of the end of the month for which the credit is requested.

The CUSTOMER shall only be entitled to claim under one section of the Guarantee per day.

Exclusions

Network Unavailability will not include any Network Unavailability of an hour or less, or any unavailability resulting from:

(a) Network maintenance

(b) Circuits provided by telcos or common carriers

(d) Acts or omissions of CUSTOMER or an unauthorised user

(e) Behaviour of CUSTOMER equipment, facilities or applications

(f) Acts of god, civil disorder, natural cataclysm or other occurrences beyond the reasonable control of Netplan.

Guarantee Coverage

CUSTOMERs are covered for the following Netplan services:

ADSL

Leased Line

Co-location

Managed Server

Cobalt RAQ hosting.

Schedule 2

Acceptable Use Policy

The CUSTOMER acknowledges that Netplan Internet Solutions Ltd. provides the telecommunications network facilities underlying the SERVICE provided. The use of Netplan’s telecommunications network facilities is subject to the following terms, breach of which may result in suspension or termination of the end-user’s right to use the SERVICE:-

1. The Netplan network may only be used for lawful purposes. Transmission of any material through the Netplan network, or use of any part of it, in violation of any UK law or regulation is prohibited. Such prohibited transmission might include, but is not limited to: copyright material, material legally judged to be threatening or obscene, material protected by trade secret, whether or not the end user was aware of the content of the material or of the relevant law.

2. The CUSTOMER shall be issued with a password to access the services and shall take all reasonable steps to keep such password private and confidential, and ensure that it does not become known to other persons. If the password becomes known to any other person the CUSTOMER will immediately inform Netplan and the password shall be changed immediately be changed.

The CUSTOMER shall not knowingly use the service for transmission of computer viruses, for transmission of any material which is defamatory, offensive or abusive or of an obscene or menacing character, or which may cause annoyance, inconvenience or needless anxiety, or for the posting of any such material to bulletin boards or newsgroups in a manner which constitutes a violation or infringement of the rights of any person, firm or company (including but not limited to intellectual property rights).

3. The CUSTOMER acknowledges that Netplan Internet Solutions Ltd. is unable to exercise control over the content of any information passing over the Netplan network and that Netplan does not monitor or exercise any editorial control over the information passing over the Netplan network. The CUSTOMER further acknowledges that Netplan Internet Solutions Ltd. hereby excludes all liability in respect of any transmission or reception of information of whatever kind, or the accuracy of the contents thereof, or the scrambling of any information or data.

4. The Netplan network may be used by the CUSTOMER to access other networks world-wide and the end user agrees to conform to any acceptable use policies of Netplan and any such other networks. In addition the CUSTOMER undertakes to conform to any published Internet protocols and standards. In the event that communications by CUSTOMER do not conform to these standards, or if the CUSTOMER makes profligate use other than in accordance with this AGREEMENT of the Netplan network to detriment of Netplan Internet Solutions Ltd. or other Netplan customers, Netplan Internet Solutions Ltd. reserves the right to restrict passage of the CUSTOMER communications until the CUSTOMER complies with such standards or protocol or provides undertakings acceptable to Netplan Internet Solutions Ltd. in respect of the CUSTOMER’s future use.

In the provision that the end user is in breach of any provision of this schedule, Netplan Internet Solutions Ltd. shall be entitled to suspend services forthwith without notice.

Netplan Internet Solutions Ltd. reserves the right to amend / alter these Terms and Conditions without notice.

CANCELLATION OF SERVICE

Cancellation of service must me given in writing 28 days before service is due for renewal. If cancellation is not received in writing within 28 days of renewal then the customer will be liable for the full renewal fee.