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Service Level Agreement

Date Last Modified: November 6, 2006

6. Terms and Conditions – Service Level Agreement

Section 6.1.  Service Availability – 99.9% Uptime Guaranty. For Customers engaged in PlayStream Written Agreements, qualified by PlayStream's monthly minimum fee and term of service, and requested by Customer, PlayStream'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 submitted by Customer and accepted and signed by PlayStream prior to any violation of Service Level Agreement depicted in Section 6.2 below, PlayStream provides the following Uptime Guaranty Service Level Agreement for its Streaming Services depicted in Section 6.2.

Section 6.2. Service Availability – 99.0% Uptime Guaranty. PlayStream uses best efforts to keep its service up and running. However, PlayStream cannot and will not guarantee 100% uptime of its service. PlayStream's service is guaranteed to be available and capable of forwarding IP packets 99.0% (ninety-nine percent) of the time, as averaged over the life of the Service Period, as defined in PlayStream's Term of Service Policy.  Downtime shall consist of packet loss, which is sustained in excess of 50% for 15 consecutive minutes.  If PlayStream sustains downtime (a disruption of service) of a duration of more than 7.2 hours (seven hours and twelve minutes) and in aggregate, during a Service Period, as defined in PlayStream's Term of Service Policy, then Customer may elect to cancel the Service/Agreement, and PlayStream agrees to reimburse Customer, on a daily pro-rated basis upon request, any fees paid to PlayStream for which service was unavailable and/or not rendered.  For the calculation, PlayStream assumes a total of 30 Days within a Service Period, which provides a total of 720 hours.  PlayStream guarantees 99.0% of this time period, or 712.8 hours (712 hours and forty-eight minutes) to be free of downtime, as defined in this paragraph.

Customer shall remain liable to PlayStream 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 PlayStream's service.  It is very possible that PlayStream'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, PlayStream 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 PlayStream.

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.

Section 6.3. Notice of Violation of Service Level Agreement.  To terminate the contract, Customer must give written notice within four business days of violation of this Service Level Agreement at:

               PlayStream
                555 Anton Blvd Ste., 400
               
Costa Mesa , CA 92626
                (714) 549-5300
                FAX: (714) 549-5310



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