Service Level Agreement

Service Level Agreement (SLA)

This Service Level Agreement ("SLA") sets forth the service commitments of Midwest Internet Exchange LLC, doing business as FD-IX.com ("FD-IX"), to Customers receiving covered Services.

1. Availability Commitment

FD-IX will make commercially reasonable efforts to ensure that its core interconnection and switching infrastructure is available 99.99% of each calendar month, excluding scheduled maintenance, emergency maintenance, force majeure events, or outages caused by Customer actions or third parties beyond FD-IX's control.

2. Measurement and Reporting

Availability is measured as the percentage of time during a calendar month that the FD-IX core network is operational and reachable at the demarcation point. FD-IX monitors its network 24x7x365 and records incidents of unavailability.

3. Service Credits

If FD-IX fails to meet the availability commitment in a given month, Customer will be eligible to receive a service credit equal to the percentage of monthly recurring charges specified in the applicable service order. Credits must be requested in writing within thirty (30) days of the incident and will be applied to the next invoice. Service credits are Customer's sole and exclusive remedy for any failure to meet service levels.

4. Exclusions

This SLA does not apply to outages or degradations caused by:

• Scheduled maintenance announced at least twenty-four (24) hours in advance;
• Emergency maintenance required to protect network integrity;
• Force majeure events;
• Failures in Customer's equipment, facilities, or connectivity; or
• Acts or omissions of Customer or third parties not under FD-IX control.

5. Changes

FD-IX may modify this SLA from time to time by posting the updated version on its website.