Service Level Agreement

1. Activation SLA

   1. Standard: Verizon Enterpise Solutions will activate Customers Managed Email Content Service (MEC) within 30 calendar days (for each order of up to 100,000 Users) and within 45 calendar days (for each order of more than 100,000 Users) after Verizon Enterpise Solutions receives from Customer and validates a complete version of the required configuration template that includes all necessary system and Anti-Virus, Anti-UCE, Image Control and Content Control policy configuration information (as applicable).
   2. Remedy: A credit equal to 100% of the affected MEC domain set up fee, net of discounts and taxes, billed to Customer, for each domain for which the standard is not met, up to $3,000.
   3. Limitations: Email means any SMTP message sent or received via MEC. User means an Email account of Customer. See also the General Terms provisions below.



2. Virus Scanning SLA

   1. Standard: Verizon Enterpise Solutions will detect and stop 100% of all Viruses propagated by Email which MEC is capable of scanning. (The terms Email and Virus are defined below.)
   2. Remedy: A credit equal to the lesser of (i) 100% of the monthly recurring charge for the Anti-Virus service, net of discounts and taxes, billed to Customer or (ii) up to $3,000.
   3. Limitations: Email means any SMTP message sent or received via MEC. "Virus" means a piece of program code, including a self-replicating element, usually (but not necessarily) disguised as something else that causes some unexpected and, for the victim, usually undesirable event and which is designed so that it may infect other computer systems. This Virus Scanning SLA standard will be deemed met if a Virus contained in an Email received through MEC is activated within Customers systems either automatically or with manual intervention, under the following conditions. This Virus Scanning SLA does not apply to any Virus activation related to (1) the release of any stored Virus-infected Email by Customer or the transmission, at Customers request, of any Virus-infected Email to Customer from Verizon Enterpise Solutionss secure holding pen; (2) any Viruses contained in attachments with contents which are under the direct control of the sender; (3) cases of deliberate self-infection by Customer; or (4) cases where Email is delivered to Customer in a manner that bypasses Verizon Enterpise Solutionss scanning systems. This Virus Scanning SLA standard will be deemed to be met if MEC detects a Virus without stopping it but Verizon Enterpise Solutions notifies Customer of the Virus so that Customer has the opportunity to stop the Virus from being activated within Customers systems. See also the General Terms provisions below.



3. Availability SLA

   1. Standard. MEC will be available 100% of the time. Availability is calculated in the aggregate for all of Customers Users in any calendar month.
   2. Remedy. A credit in accordance with the chart below:
      
      

      Availability SLA	Credits*
      100%	No Credit
      <99%	20% of applicable MRC up to $3,000
      <98%	40% of applicable MRC up to $3,000
      <97%	60% of applicable MRC up to $3,000
      <96%	80% of applicable MRC up to $3,000
      <95%	100% of applicable MRC up to $3,000

      
      
      

      The asterisk denotes that the term applicable used in the table means that the credit will be calculated based on the number of affected Users.

   3. Limitations. Email means any SMTP message sent or received via MEC. User means an Email account of Customer. This Availability SLA does not apply to any services other than MEC, even if those services (such as Internet connectivity) are necessary for Customer to receive the benefit of MEC. MEC service will be deemed available unless, considered by itself, the MEC service was not capable of performing as described in this MEC SLA. See also the General Terms provisions below.



4. Latency SLA

   1. Standard. The average roundtrip time between designated Verizon Enterpise Solutions trackers and scanning towers in the aggregate for any calendar month.
   2. Remedy. A credit in accordance with the chart below:
      
      

      Latency SLA	Credits*
      Less than 5 minutes	No Credit
      > or = 5 but < 10 minutes	5% of applicable MRC up to $3,000
      > or = to 10 but <15 minutes	10% of applicable MRC up to $3,000
      > or = to15 but < 20 minutes	15% of applicable MRC up to $3,000
      > or = to 20 but < 25 minutes	20% of applicable MRC up to $3,000
      >25 minutes	25% of applicable MRC up to $3,000

      
      
      

      The asterisk denotes that the term applicable used in the table means that the credit will be calculated based on the number of affected Users.

   3. Limitations. Email means any SMTP message sent or received via MEC. User means an Email account of Customer. This Latency SLA will not apply to the extent that one or more of the following conditions occur: (1) Any Virus outbreak where Verizon Enterpise Solutions has seen the ratio of Email to Virus-infected Email fall below 100 to 1, and the limitation will be in force until this ratio stabilizes above 100 to 1; (2) Customer causes a denial of service attack upon themselves or suffers such attack from a third party; and (3) Delays caused by an Email Loop on Customers systems. For the purpose of this Latency SLA, Email Loop means an infinite loop phenomenon, accidentally or intentionally caused, created by mail servers, scripts, or mail reading programs generating automatic replies or responses, to which each automatic response generates another automatic response. See also General Terms provisions below.



5. Spam SLA - False Positive (Applicable to Anti-UCE service)

   1. Standard. No more than 0.1% (1 out of every 1,000) of Email received by Customer will be identified as Spam False Positive on any given day. The term Spam False Positive refers to the event in which spam-filtering software incorrectly identified an email as UCE.
   2. Remedy. A credit in accordance with the chart below:
      
      

      Spam SLA-False Positive	Credits*
      <5 consecutive days in any calendar month	No Credit
      5 -9 consecutive days in any calendar month	25% of applicable MRC up to $3,000
      10 19 consecutive days in any calendar month	50% of applicable MRC up to $3,000
      20 consecutive days in any calendar month	75% of applicable MRC up to $3,000
      >21 consecutive days in any calendar month	100% of applicable MRC up to $3,000

      
      
      

      The asterisk denotes that the term applicable used in the table means that the credit will be calculated based on the number of affected Users.

   3. Limitations.Email means any SMTP message sent or received via MEC. User means an Email account of Customer. In order for this Spam SLA-False Positive to apply, Customer must (1) implement the Verizon Enterpise Solutions Anti-UCE service for all the IP addresses within the Customers domain set forth on the Customer configuration form; and (2) use Verizon Enterpise Solutions assigned mail routing to redirect MX (mail exchange) records to the designated scanning tower. Customer must complete a trouble ticket and send at a minimum of 2 samples of suspected Spam False Positive(s) within two (2) business days of receipt to sla_support@lists.mci.com. Verizon Enterpise Solutions, in its sole discretion, shall determine what does not constitute Email categorized as Spam False Positive for the purpose of this Spam SLA-False Positive. See also the General Terms provisions below.



6. Spam SLA - False Negative (Applicable to Anti-UCE service)

   1. Standard. Verizon Enterpise Solutions will identify at least 95% of all UCE sent to Customer in any given day. The term Spam False Negative refers to the event in which spam-filtering software fails to correctly label UCE.
   2. Remedy. A credit in accordance with the chart below:
      
      

      Spam SLA-False Negative	Credits*
      <5 consecutive days in any calendar month	No Credit
      5 -9 consecutive days in any calendar month	25% of applicable MRC up to $3,000
      10 19 consecutive days in any calendar month	50% of applicable MRC up to $3,000
      20 consecutive days in any calendar month	75% of applicable MRC up to $3,000
      >21 consecutive days in any calendar month	100% of applicable MRC up to $3,000

      
      
      

      The asterisk denotes that the term applicable used in the table means that the credit will be calculated based on the number of affected Users.

   3. Limitations.Email means any SMTP message sent or received via MEC. User means an Email account of Customer. In order for this Spam SLA-False Negative to apply, Customer must (1) implement the Verizon Enterpise Solutions Anti-UCE service for all the IP addresses within the Customers domain set forth on the Customer configuration form; and (2) use Verizon Enterpise Solutions assigned mail routing to redirect MX (mail exchange) records to the designated scanning tower. Customer must complete a trouble ticket and send at a minimum of 2 samples of suspected Spam False Negative(s) within two (2) business days of receipt to sla_support@lists.mci.com. Verizon Enterpise Solutions, in its sole discretion, shall determine what does not constitute Email categorized as Spam False Negative for the purpose of this Spam SLA-False Negative. See also the General Terms provisions below.



7. General Terms

   1. Overview. Verizon Enterpise Solutions will provide MEC under a Verizon Enterpise Solutions service agreement incorporating this service level agreement (SLA) by reference, in accordance with the standards and remedies set out in this MEC SLA. The term MEC SLA is used to refer collectively to all of the SLAs related to Verizon Enterpise Solutions Managed Email Content service set out in this document. Each individual standard and its related remedy is referred to by the activity to which the standard relates (e.g., Installation SLA, Virus Scanning SLA). Verizon Enterpise Solutions reserves the right to enhance or restrict the MEC SLA in whole or in part. Verizon Enterpise Solutionss website at http://www.verizonbusiness.com/terms/us/products/security/managedemail/ contains the current MEC SLA language.
   2. Claims. To receive a remedy under the MEC SLA, Customer must first open a Verizon Enterpise Solutions trouble ticket located at https://intermanage.verizonbusiness.com that relates to the specific SLA claim to be credit eligible. Additionally, Customer must submit a completed Verizon Enterpise Solutions claim form on or before (a) the fifth business day (unless otherwise noted) immediately following the date on which the failure occurred to sla_support@lists.mci.com with a copy to its designated Verizon Enterpise Solutions Business Account Manager. SLA Claim forms are available at http://www.verizonbusiness.com/terms/us/products/security/managedemail. Verizon Enterpise Solutions will use trouble tickets and other appropriate Verizon Enterpise Solutions records and methodologies to determine, in its sole judgment, whether it met or failed to meet the applicable standard. In no event may a Customer receive a total amount of credits for any month that exceeds the MEC monthly recurring charge for that month. The remedies provided in the MEC SLA for each standard are Customers sole remedy for any failure by Verizon Enterpise Solutions to meet the specified standard.
   3. Exclusions. No MEC SLA will apply if all the conditions for Customer to receive the remedy for that SLA have not been met (including both limitations applicable to the particular SLA and limitations applicable to all SLAs). The remedies specified in this MEC SLA are not available for any failure to meet a standard resulting from any of the following: (1) a Non-Verizon Enterpise Solutions Cause (as provided further below); (2) scheduled maintenance; (3) force majeure events beyond Verizon Enterpise Solutionss reasonable control, including but not limited to Acts of God, government regulation, labor strikes, natural disaster, and national emergency; (4) any act or omission on the part of any third party other than the LEC/PTT, as applicable; (5) interruptions not timely reported by Customer, or for which no trouble ticket was timely opened; (6) trouble tickets associated with new installations (before Customer accepts a new service) or opened for circuit monitoring purposes only (except with respect to the Installation SLA); and (7) a circuit outage.
   4. A Non-Verizon Enterpise Solutions Cause includes, without limitation, any of the following (as identified on a trouble ticket or otherwise): (a) an incomplete or inaccurate order; (b) a Customer-approved change in hardware or software configuration; (c) a hardware, software or other supplier shortage; (d) incorrect or incomplete information provided by Customer which prevents Verizon Enterpise Solutions from completing the trouble diagnosis and service restoration; (e) Verizon Enterpise Solutions being denied access to network components at the Customer location when access is required to complete trouble shooting, repair, diagnosis, or acceptance testing; (f) Customers failure or refusal to release the circuit for testing; (g) Verizon Enterpise Solutions calling Customer to close a trouble ticket, but Customer being unavailable, or Verizon Enterpise Solutions being unable to verify service restoration with a Customer, (h) any other act or omission on the part of Customer; or (i) down time caused by the LEC/PTT local loop for periods where the LEC/PTT's maintenance support is not available; or (j) any other event beyond the reasonable control of Verizon Enterpise Solutions (Non-Verizon Enterpise Solutions Cause).