Acceptable Use Policy Addendum

1.1 Packet Loss and Latency

T3 VoiceNet monitors aggregate packet loss and transmission latency within its LAN and WAN but does not monitor packet loss or latency of specific customers. After discovering or being notified by Customer of packet loss in excess of one-half percent (0.5%) or transmission latency based on T3 VoiceNet measurements in excess of 120 milliseconds round-trip between any two routers within the continental United States portion of the T3 VoiceNet network, T3 VoiceNet will use commercially reasonable efforts to determine the source and correct the problem to the extent the source is on the T3 VoiceNet network.

1.2 Remedy for Failure

If three (3) hours after being notified of Excess Packet Loss or Latency on the T3 VoiceNet network T3 VoiceNet fails to remedy the issue, then subject to Section 1.5 T3 VoiceNet will credit Customer the prorated bandwidth charges for the continuous Excess Packet Loss or Latency following the initial three continuous hours after receipt of written notice, provided the sole cause is on the T3 VoiceNet network and within T3 VoiceNet’s reasonable control.

1.3 Inability to Access the Internet (Downtime)

Downtime is defined as Customer experiencing sustained packet loss in excess of fifty percent (50%) based on T3 VoiceNet measurements. If Downtime is solely due to a condition on the T3 VoiceNet network within T3 VoiceNet’s reasonable control, T3 VoiceNet will credit Customer the prorated bandwidth charges, subject to Section 1.5. If the interval between two Downtime events is less than one and one-half hours, both events plus the interval are deemed one Downtime event.

1.4 Customer Request Credit

Customer must notify T3 VoiceNet in writing within five days of becoming eligible for a credit. Failure to comply forfeits the right to receive a credit. Credits are applied to the next recurring invoice for affected bandwidth after receipt of the request. Aggregate maximum credit in a calendar month will not exceed the Monthly Recurring Charge for Bandwidth payable for that month.

1.5 Limitation on Remedies

T3 VoiceNet will not apply a credit under Section 1.2 for Excess Packet Loss or Latency for which Customer received a credit under Section 1.3. Sections 1.2, 1.3 and 1.4 state Customer’s sole and exclusive remedy for failure to provide bandwidth or adequate service levels, including outages or network congestion. No credit is due to the extent an issue is caused by Customer exceeding maximum bandwidth or violating the Agreement, Force Majeure, acts or omissions of Customer or its users, use or failure of customer-premise or non-T3 facilities, or planned maintenance or repair outages scheduled in advance.