Datasoft's Availability Guarantee is to have the Datasoft Network, which includes everything from the connection from customer’s servers to the connection to the Internet Backbone, Connectivity provided to customers available 100% of the time and, as set forth below, Datasoft will credit Customer's account if Datasoft fails to meet this Availability Guarantee during any given calendar month. At Customer's request, Datasoft will calculate Customer's "Network Unavailability" in a calendar month. "Network Unavailability" consists of the number of minutes that the Datasoft Network was not available to Customer, but will not include unavailability which Customer fails to report to Datasoft within five days, or any unavailability resulting from (a) Datasoft Network maintenance provided it occurs at regularly scheduled times of which Customer has reasonable advance notice or at times otherwise agreed to in advance by Customer, (b) any Customer circuits or equipment, (c) Customer's applications or equipment, (d) acts or omissions of Customer, or any use or user of the service authorized by Customer or (e) reasons of Force Majeure (as defined in the applicable service agreement). For each hour in which any Network Unavailability occurs, Customer's account shall be credited for the pro-rated charges for one day of the Datasoft Monthly Fee for the service with respect to which this Guarantee has not been met.

     In the event that Customer experiences packet loss in excess of one percent (1%) (“Excess Packet Loss”) or transmission latency in excess of 120 milliseconds round trip time between any two points within Datasoft’s Network (collectively, “Excess Latency”, and with Excess Packet Loss “Excess Packet Loss/Latency”), Datasoft will take all actions necessary to determine as promptly as reasonably practicable the source of the Excess Packet Loss/Latency.

          (A) Time to Discover Source of Excess Packet Loss/Latency; Notification of Customer. As soon as practicable, but within two (2) hours of discovering the existence of Excess Packet Loss/Latency, Datasoft will determine whether the source of the Excess Packet Loss/Latency is limited to the Customer equipment and the Datasoft equipment connecting the Customer equipment to Datasoft’s LAN (“Customer Specific Packet Loss/Latency”). If the Excess Packet Loss/Latency is not a Customer Specific Packet Loss/Latency, Datasoft will determine the source of the Excess Packet Loss/Latency as soon as practicable, but within two (2) hours. In any event, Datasoft will notify Customer of the source of the Excess Packet Loss/Latency within sixty (60) minutes after identifying the source.

          (B) Remedy of Excess Packet Loss/Latency. If the Excess Packet Loss/Latency remedy is within the sole control of Datasoft, Datasoft will remedy the Excess Packet Loss/Latency as soon as practicable, but within two (2) hours of determining the source of the Excess Packet Loss/Latency. If the Excess Packet Loss/Latency is caused from outside of the Datasoft LAN or WAN, Datasoft will notify Customer and will use commercially reasonable efforts to promptly notify the party(ies) responsible for the source and cooperate with it(them) to resolve the problem as soon as possible.

          (C) Failure to Determine Source and/or Resolve Problem. In the event that Datasoft is unable to determine the source of and remedy the Excess Packet Loss/Latency within the time periods described above (where Datasoft was solely in control of the source), Datasoft will credit Customer’s account the pro-rata connectivity charges for one (1) day of service for every twelve (12)hour period after the time periods described above that it takes Datasoft to resolve the problem with the maximum credit for any given month not to exceed one (1) month of service.

Datasoft's Power Availability Guarantee is to have the Datasoft AC power provided to Customer's collocation rack available 100% of the time and, as set forth below, Datasoft will credit Customer's account if Datasoft fails to meet this Power Availability Guarantee during any given calendar month. "Power Unavailability" consists of the number of minutes that adequate power to enable Customer’s equipment to function at its peak load levels was not available to Customer's collocation rack, but will not include collocation rack power unavailability which Customer fails to report to Datasoft within five days, or any unavailability resulting from (a) any Customer circuits or equipment, (b) Customer's application or equipment, (c) acts or omissions of Customer, or any use or user of the service authorized by Customer or (d) reasons of Force Majeure (as defined in the applicable service agreement). For each day during which any Power Unavailability occurs , Customer's account shall be credited the charges for one day of the Datasoft Monthly Fee for the service with respect to which this Guarantee has not been met.

Facility Security and Access. Datasoft shall limit access to the facilty in which the collocation space is located to its authorized employees and representatives and those of its customers, and shall limit access to Customers’ collocation space to Customer and Datasoft’s authorized employees and representatives.