(The terms of this Service Level Agreement ("SLA"), previously entitled "UUsecure VPN Dedicated Edition - Dedicated Access SLA" and "UUsecure VPN Direct SLA", shall apply to UUsecure VPN Direct , UUsecure Virtual Private Network, IP VPN Dedicated Access or IP VPN Total Access Edition Customers who have Service Level Agreements with UUNET or MCI based on agreements executed prior to May 1, 2004. The SLA for IP VPN Dedicated Services for agreements executed on or after May 1, 2004 is found in your agreement.)

1. Network Availability Service Level Agreement: The United States Internet Dedicated Network Availability SLA set forth at www.mci.com/terms will apply to each dedicated Internet access connection in the contiguous U.S. ordered as part of IP VPN Dedicated Services, provided that references in that Network Availability SLA to credits calculated on the basis of a MCI Monthly Fee shall mean the Monthly Fee for the dedicated Internet access connection for which that Network Availability SLA was not met, not the entire Monthly Fee for IP VPN Dedicated Services.
2. Network Latency SLA: The United States Internet Dedicated Network Latency SLA set forth at www.mci.com/terms will apply to each dedicated Internet access connection in the contiguous U.S. ordered as part of IP VPN Dedicated Services, provided that references in that Network Latency SLA to credits calculated on the basis of a MCI Monthly Fee shall mean the Monthly Fee for the dedicated Internet access connection for which that Network Latency SLA was not met, not the entire Monthly Fee for IP VPN Dedicated Services.
3. Reporting SLA: The United States Internet Dedicated Outage Reporting SLA set forth at www.mci.com/terms will apply to each dedicated Internet access connection in the contiguous U.S. ordered as part of IP VPN Dedicated Services, provided that references in that Outage Reporting SLA to credits calculated on the basis of a MCI Monthly Fee shall mean the Monthly Fee for the dedicated Internet access connection for which that Outage Reporting SLA was not met, not the entire Monthly Fee for IP VPN Dedicated Services.
4. Circuit Install SLA: The United States Internet Dedicated Circuit Install SLA set forth at www.mci.com/terms will apply to each dedicated Internet access connection in the contiguous U.S. ordered as part of IP VPN Dedicated Services, provided that references in that Circuit Install SLA to credits calculated on the basis of a MCI Start-up Charge shall mean the Start-up Charge for the dedicated Internet access connection for which that Circuit Install SLA was not met, not the entire Start-up Charge for IP VPN Dedicated Services.
5. IP VPN Dedicated Access Latency SLA
   Scope: MCI's IP VPN Dedicated Services Latency SLA is set as an average round trip transmission of (a) 120 milliseconds or less between Customer premise routers for an IP VPN with all of its sites in North America, (b) 120 milliseconds or less between Customer premise routers for an IP VPN with all of its sites within Europe, or (c) 300 milliseconds or less between Customer premise routers for an IP VPN if sites are located both in North America and Europe.
   Process: Beginning in the first full calendar month after site installation, VPN Dedicated Access Latency shall be measured by averaging sample measurements taken during the calendar month between IP VPN Dedicated Services sites. Customer's IP VPN must include three or more Dedicated Access sites to qualify for MCIs IP VPN Dedicated Services Latency SLA. Only sites meeting the SLA eligibility requirements set forth in the agreement for IP VPN Dedicated Services for the country in which the site is located will be included in this calculation. Sites outside North America or Europe shall not be included in this calculation. This IP VPN Dedicated Services Latency SLA is only applicable if Customer's sustained use level for each dedicated Internet access connection (as measured by MCI) is less than or equal to 50% of the total capacity of that Customer dedicated Internet access connection. If Customer's sustained use level exceeds 50% of the total capacity of any Customer dedicated Internet access connection during any two consecutive months, Customer must place an order for a capacity upgrade within the 30 days following notice that the 50% sustained use level has been exceeded. If the upgrade is not ordered within such 30 day period, the site with the connection that exceeded the 50% sustained use level and all other IP VPN Dedicated Services dedicated sites connected to that site shall be ineligible for this IP VPN Dedicated Services Latency SLA for the remainder of the Service Term.
   Remedy: At Customer's request, directed to MCI's designated point of contact in the 30 days following the end of the month in which MCI failed to meet this IP VPN Dedicated Services Latency SLA, Customer's account shall be credited the pro-rated charges for five days of the dedicated access portion of the IP VPN Dedicated Services Monthly Fee for the month in which this IP VPN Dedicated Services Latency SLA was not met. No credits will be made if failure to meet this IP VPN Dedicated Services Latency SLA is attributable to reasons of Force Majeure (as defined in the applicable service agreement).
6. IP VPN Dedicated Availability SLA
   Scope: MCI's IP VPN Dedicated Services Availability SLA is to have the dedicated access portion of the IP VPN Dedicated Services available 99.9% of the time, averaged over all eligible sites, for Customers with ten or more IP VPN Dedicated Services dedicated sites and 99.8% of the time, averaged over all eligible sites, for Customers with three to nine IP VPN Dedicated Services dedicated sites.
   Process: Beginning in the first full calendar month after site installation, and at Customer's request, MCI will calculate the IP VPN Dedicated Access Unavailability in a calendar month. IP VPN Dedicated Access Unavailability consists of the number of minutes that the dedicated access portion of the IP VPN Dedicated Service, MCI-ordered telco line, or the MCI Network (as defined in the applicable Service Agreement) were unavailable to Customer through their dedicated access connection, but will not include Scheduled Maintenance (as defined in the Internet Dedicated Network Availability SLA) or any unavailability resulting from (a) any Customer-ordered telco circuits, (b) Customer Equipment, applications or facilities, (c) acts or omissions of Customer or any use or user of the Service authorized by the Customer, or (d) reasons of Force Majeure (as defined in the applicable service agreement). Only sites meeting the SLA eligibility requirements set forth in the agreement for IP VPN Dedicated Services for the country in which the site is located will be included in this calculation. Sites outside North America or Europe shall not be included in this calculation. This Availability SLA is only applicable if Customer's sustained use level for each dedicated Internet access connection (as measured by MCI) is less than or equal to 50% of the total capacity of that Customer connection. If Customer's sustained use level exceeds 50% of the total capacity of the Customer dedicated Internet access connection during any two consecutive months, Customer must place an order for a capacity upgrade within the 30 days following notice that the 50% sustained use level has been exceeded. If the upgrade is not ordered within such 30 day period, the connection that exceeded the 50% sustained use level and all other IP VPN Dedicated dedicated sites connected to that site shall be ineligible for this IP VPN Dedicated Services Availability SLA for the remainder of the Service Term.
   Remedy: At Customer's request, directed to MCI's designated point of contact in the 30 days following the end of the month in which MCI failed to meet this IP VPN Dedicated Services Availability SLA, Customer's account shall be credited the pro-rated charges for five days of the dedicated access portion of the IP VPN Dedicated Services Monthly Fee for the month in which this IP VPN Dedicated Services Availability SLA was not met. No credits will be made if failure to meet this IP VPN Dedicated Access Availability SLA is attributable to reasons of Force Majeure (as defined in the applicable service agreement).