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Eligible customers may request one rebate of one full week of credit for Internet services in the event they experience an outage of the type mentioned above. The maximum credit is $1,000.00 per month, and this offer is limited to once a calendar month. Please read below for complete details.

*Customer's specific server hardware failure does not apply in this situation. See "network outage" definition below for specifics.

I. RCN Advanced Hosting Network - the RCN provided telecommunications network which is comprised of:

	all equipment within each RCN Point of Presence (POP)
	all wiring within each RCN POP and all telephone circuits between RCN POPs.

The RCN Network does NOT include:

	equipment located on the customer premise whether or not provided by RCN; and
	telephone circuits between a POP and the customer location; and
	any networks or network equipment not owned or controlled by RCN.

* Network outage is an outage in which a customer is unable to connect to any site from the customer location, but does not include planned outages as designated by RCN.

II. Dedicated Server Hardware Support SLA

RCN's goal is to resolve Covered Hardware Problems so that customer's Covered Server Platform is Operational within 4 hours from the RCN Notice Time.

Subject to Sections III and IV below, upon customer's request, RCN will issue a Full Day's Credit to customer (i) if customer's Covered Server Platform is not Operational within 4 hours from the RCN Notice Time and (ii) for each additional 90 continuous minute period that customer's Covered Server Platform is not Operational after the 91st minute from the RCN Notice Time; provided, however, the total credit amount available to customer in a particular month under this SLA shall be limited to the lesser of customer's Base Fee for such month or $1000.

III. Exceptions and User Responsibilities:

A. Exceptions:

Customers shall not receive any credits under this Dedicated Server Hardware Support SLA in connection with any failure of RCN's operations group to resolve a Covered Hardware Problem caused by or associated with:

circumstances beyond RCN's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement.

B. User Responsibilities:

(i.) User is solely responsible for the software and data that User installs on the Server or that User instructs RCN to install on the Server. User agrees that User will only install software or data on the Server that User owns the rights to utilize and User acknowledges that User, and not RCN, is responsible for obtaining and maintaining appropriate licenses for all software installed on the Server. User shall indemnify, hold harmless, and defend RCN from and against any and all costs, claims, suits, liabilities, damages, or expenses of any kind whatsoever arising from any claim or demand asserted by a third party based on User’s installation of software or storage of data on the Server, or any other use of the Server by User.

(ii) User will be given root or administrator access to the Server and User is solely responsible for establishing and maintaining the security of the Server for internet use. User is solely responsible for bearing the risk of loss or damage to User’s software or data residing on the Server.

IV. Customer's acts or omissions (or acts or omissions of other parties engaged or authorized by Customer), including without limitation, any alteration of the configuration of the server being used by customer that causes the operating system to fail, any negligence or willful misconduct, or any request to re-install other than the latest version of an operating system in connection with a hardware failure. Referenced above.

V. Credit Request and Payment Procedures

In order to receive a credit, customer must make a request therefor by email to team-colo@enteract.com or to such other address as may be designated by RCN from time to time. Each credit request in connection with this Dedicated Server Hardware Support SLA must be received by RCN within 48 hours of the support failure referenced in Section I and II above and must include the customer's customer number (per RCN invoice), customer's name as listed on RCN’s invoice, the date and approximate time of the support failure and the server identification code(s) of the affected server(s). Incomplete credit requests will be returned by RCN.