Stream.JoinWeb's Service Agreement

Section 6.1. Service Availability - 99.9% Uptime Guaranty. For Customers engaged in Annual Term Contracts for Service, qualified by Stream.JoinWeb's monthly minimum fee for service, and requested by Customer, Stream.JoinWeb's streaming services are backed by a separate, written and signed Service Level Guaranty that provides for 99.9% Uptime Guaranty of Service Availability. In the absence of a written and signed Service Level Agreement, which must be requested by Customer prior to any violation of Service Level Agreement depicted in Section 6.2 below, Stream.JoinWeb provides the following Uptime Guaranty Service Level Agreement for its Streaming Services depicted in Section 6.2.

Section 6.2. Service Availability - 95.0% Uptime Guaranty. Stream.JoinWeb uses best efforts to keep its service up and running. However, Stream.JoinWeb cannot and will not guarantee 100% uptime of its service. Stream.JoinWeb's service is guaranteed to be available and capable of forwarding IP packets ninety-five percent of the time, as averaged over the life of the Service Period, as defined in Stream.JoinWeb's Term of Service Policy. Downtime shall consist of packet loss, which is sustained in excess of 50% for 15 consecutive minutes. If Stream.JoinWeb sustains downtime (a disruption of service) of a duration of more than 36 (thirty-six) hours in aggregate, during the life of a Service Period, as defined in Stream.JoinWeb's Term of Service Policy, then Customer may elect to cancel the Service/Contract, and Stream.JoinWeb will reimburse Customer, on a daily pro-rated basis upon request, any fees paid to Stream.JoinWeb for which service was unavailable and/or not rendered. For the calculation, Stream.JoinWeb assumes a total of 30 Days within a Service Period, which provides a total of 720 hours. Stream.JoinWeb guarantees 95.0% of this time period, or 684 hours to be free of downtime, as defined in this paragraph.

Customer shall remain liable to Stream.JoinWeb for all other fees associated with the service, including one-time encoding fees and any excess bandwidth usage fees incurred prior to the termination of the service. This guaranty shall not apply for disruption of service to end-user that is due to network congestion on the Internet or other related disruptions on the Internet that are not related to Stream.JoinWeb's service. It is very possible that Stream.JoinWeb's service is fully operational, but the end-user's access to the media is disrupted by means of independent backbone carrier issues. For continual (24x7x365) monitoring of its primary and backup systems, Stream.JoinWeb employs an independent party, Keynote Systems, Inc., which provides statistical evidence of its uptime. Such data may be used to resolve a dispute. In the absence of a dispute over an alleged violation, such data shall remain confidential to Stream.JoinWeb.

Customer must provide information supporting the claim of this Service Level Agreement violation such as traceroute and/or PING data produced during the time of the incident.