ACCEPTABLE USE POLICY

The acceptable use policy statement (AUP) is intended to clearly define the purposes for which Rationale Media LLC’s services, networks, facilities, systems, programs, intellectual property, real property, and other property may be used.

Prohibited Actions

Customer shall not do any of the following, or permit any third party under its control (including its customers and their users) to do the following, and must include provisions in its service agreements for its customers and users that restrict them from doing any of the following:

1. In any way restrict or inhibit any other Customer from using and enjoying Rationale Media LLC Services or the Internet or both.

2.Host a publicly-accessible "open relay" SMTP or anonymous email service for any purpose.

3.Send Unsolicited Commercial E-mail (SPAM) to any number of e-mail recipients.

4.Use the SMTP services of a third party for the purposes of relaying or sending
electronic mail messages without the express permission of that third party.

5.Maintain, or send e-mail to, opt-in email lists if Customer cannot demonstrate, that the members of said list(s) have knowingly requested to be added to the list(s) in question through direct action of their own doing, and that easily-accessible, automated opt-out/removal mechanisms are in place and available to the members of the list(s).

6.Violate Copyright laws or in any way violate the copyright of another individual.

7.Engage in any activity that is, or appears to be, an attempt to gain unauthorized access remote system or network, or to gain information that could later be used to assist in gaining unauthorized access to a remote system or network, such as port scanning, dictionary attacks, denial of service attacks, server or service hijacking, etc.

8.Engage in any of the foregoing activities using the service of another provider, but channeling such activities through any of Rationale Media LLC’s systems, services, networks, or software.

9.Falsify contact or personal information provided to Rationale Media LLC.

10.Use Rationale Media LLC’s services in violation or contravention of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, or any other applicable law, regulation, order or other governmental directive, or abuse or fraudulently use the Service in any way not specifically set forth above.

11.Further, if customer is notified by Rationale Media LLC, via e-mail or the Customer discovers on their own or through any other means, that the Customer themselves or any third party under Customers control of a violation of this AUP, the Customer will take whatever steps are necessary to stop such activity, and prevent repeat violations by the offending entity.

Additional Cage and Rack Use Guidelines

1.Customer shall maintain a clean, tidy, presentable environment at all times.

2.Customer shall obey all posted signs related to conduct prior to or following entry to the data center.

3.All equipment, servers, peripherals, cabling, spare parts, etc. shall be kept within racks at all times except while customer physically present working on said items.

4.Customer shall not place anything on top of a rack at any time.

5.Customer shall not bring any food or drink into any data center at any time.

6.Customer shall not remove, move, or disturb floor tiles in the data center at any time without the assistance of a Rationale Media LLC employee.

7.Customer shall not access or attempt to access power distribution outlets, boxes, or breakers without the assistance of a Rationale Media LLC employee.

The customer will respond to all violations reported within one business day of the violation being reported, and will have put a stop to the activity within two business days of the violation first being reported. Rationale Media LLC reserves the right to discontinue service to Customer until such abuse has been eliminated.

Rationale Media LLC INTERNET ACCESS SERVICE LEVEL AGREEMENT

Rationale Media LLC Internet Access, and Combined Services are backed by specific service level guarantees and credits as set forth in this Service Level Agreement (SLA).

Introduction

This service level agreement (SLA) provides certain Rationale Media LLC, (Rationale Media LLC) Customers with certain rights and remedies regarding the performance and availability of the Rationale Media LLC Access Network (Access Network), the Rationale Media LLC Backbone Network (Backbone Network), and selected Rationale Media LLC Internet Points of Presence (POP). This SLA applies only to Rationale Media LLC Customers (Customer) receiving dedicated Internet access service (Internet Access) from Rationale Media LLC pursuant to a fully executed Rationale Media LLC service agreement (Service Agreement).

Definitions

For the purpose of this SLA, the following terms have the following meanings as set forth below:

"Access Network" means Rationale Media LLC Network Infrastructure used to connect Customer to one or more selected Rationale Media LLC POPs. The Access Network includes, by way of example but not limitation, Rationale Media LLC owned and operated local-loop circuits. The Access Network does not include any local-loop circuits, transmission lines, routing and switching infrastructure, or other items used to connect customer to Rationale Media LLC POPs that are owned or operated by third parties.

“Backbone Network” means the Rationale Media LLC IP Network that connects selected Rationale Media LLC POPs to each other.

"Latency" means the average time required for round-trip packet transfers between Selected POPs during a calendar month, as measured and reported by Rationale Media LLC.

“Monthly Recurring Charge or MRC” consists solely of the base monthly fee paid by Customer to Rationale Media LLC for the affected service and excludes all other fees which might be charged to Customer, including, by way of example and not limitation fees charged for, installation or setup, Internet Protocol (IP) addresses, third party local-loop(s), support, space rental, co-location fees, managed services, etc. The MRC does not include any fees paid by customer to third parties, such as third-party local-loop fees, even if such fees are included on Customer’s Rationale Media LLC bill due to Rationale Media LLC convergent billing agreements with certain third parties.

"Network Outage" means an instance in which no IP Packets can pass in or out of Selected POPs for more than 26.26 consecutive seconds (.001% of one average length month).

"Packet Loss" means the average percentage of IP packets transmitted between Selected POPs during a calendar month that are not successfully delivered, as measured and reported by Rationale Media LLC.

“Point of Presence or POP” means a Rationale Media LLC owned and operated gateway on the Rationale Media LLC Backbone Network providing Customer access to the public Internet.

“Rationale Media LLC IP Network” means the combined Rationale Media LLC Access Network, POPs, and Backbone Network.

“Rationale Media LLC Network Infrastructure” means Rationale Media LLC owned and operated network components, consisting of IP routing and switching infrastructure, circuits, transmission lines, and measurement devices. Rationale Media LLC Network Infrastructure also includes any Rationale Media LLC leased but controlled and operated transit connections.

Network Availability Guarantee

The Rationale Media LLC IP Network, as defined in the definitions section, is guaranteed to be available and capable of forwarding IP packets 99.9 percent of the time as averaged over a calendar month.

The Network Availability Guarantee does not include the local access circuit (local loop) if it is not part of the Rationale Media LLC Access Network , Customer Premises Equipment (CPE) or Customer Local Area Network (LAN), scheduled maintenance events that are approved in advance by Customer, Customer caused outages or disruptions, specific interconnections to or from and connectivity within other specific ISP networks, and force majeure events (as defined in the Service Agreement).

Examples of a customer-caused outage include but are not limited to the following: turning off infrastructure responsible for providing continuous connectivity to Customer, disconnecting or tampering with the connection to the Rationale Media LLC Access Network including disconnecting or cutting network access lines, overloading the circuit or exceeding the amount of purchased bandwidth being supplied, breaching the AUP.

If a Network Outage occurs and the Network Availability Guarantee is not met as averaged over a calendar month, the customer will receive a credit for the entire (MRC) for that month. Limits on the credit, measurement, and reporting procedures are detailed below.

Latency Guarantee

The Rationale Media LLC IP Network is guaranteed to have an average round trip packet transit time within the Rationale Media LLC Backbone Network over a calendar month of 65ms or less. The average latency is measured as the average of 15-minute samples across the Rationale Media LLC IP backbone network taken throughout the month by Rationale Media LLC.

The Latency Guarantee does not include the local access circuit (e.g. local loop) if it is not part of the Access Network , CPE or Customer LAN, scheduled maintenance events approved in advance by Customer, Customer caused outages or disruptions, specific interconnections to or from and connectivity within other ISP networks, and force majeure events (as defined in the Service Agreement).

If the Latency Guarantee is not met in a calendar month, the customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full 1ms above the 65ms average maximum guaranteed under this SLA. Limits on the credit, measurement, and reporting procedures are detailed below.

Packet Loss Guarantee

The Rationale Media LLC IP Network is guaranteed to have average packet loss within the Rationale Media LLC Backbone Network over a calendar month of 1% or less. The average packet loss is measured as the average of 15-minute samples across the Rationale Media LLC Backbone Network taken throughout the month by Rationale Media LLC.

The Packet Loss Guarantee does not include the local access circuit (e.g. local loop) if it is not part of the Access Network , CPE or Customer LAN, scheduled maintenance events, Customer caused outages or disruptions, specific interconnections to or from and connectivity within other specific ISP networks, and force majeure events (as defined in the Service Agreement).

If the Packet Loss Guarantee is not met in a calendar month, the Customer will receive a credit of 1/30th of the monthly recurring charge (MRC) for that month for each full 1 percent above the 1 percent average maximum guaranteed under this SLA. Limits on the credit, measurement, and reporting procedures are detailed below.

Measurement

Rationale Media LLC will periodically measure the availability and performance of the Rationale Media LLC IP Network using software and hardware components capable of measuring traffic and responses across the network.

Customer acknowledges that not every POP, Access Network connection, or Backbone Network link may be covered by such measurements, that such measurements may not measure the exact path traversed by Customer packets, and that such measurements constitute measurements across the Backbone Network but not other networks to which Customer may connect. Rationale Media LLC reserves the right to periodically change the measurement points and methodologies it uses without notice to Customer.

Credit and Reporting Procedures

In order to receive a credit, Customer must make a request therefore by phone to a Rationale Media LLC Customer Service Representative. Instructions for contacting Rationale Media LLC may be found in the Service Agreement. Each request in connection with a Network Outage or the Network Availability Guarantee must be received by Rationale Media LLC within five work days of the Network Outage and must be confirmed by Rationale Media LLC's measurements of the IP Network.

Each request in connection with Latency or Packet Loss in a calendar month must be received by Rationale Media LLC within five work days after the end of such month and must be confirmed by Rationale Media LLC’s measurements of the IP Network.

Each valid credit will be applied to an invoice of Customer within two billing cycles after Rationale Media LLC's receipt and confirmation of Customer's request therefore. Credits are exclusive of any applicable Federal, State, or Local taxes charged to Customer, which may or may not be collected by Rationale Media LLC.

Credit Limits

Total credits under this SLA in connection with Network Outages, Latency and Packet Loss in any calendar month are limited to the MRC (as defined in definitions section) for the affected Service or Combined Service for the month in which the service does not meet the guarantees set forth above.

Exceptions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the IP Network caused by or associated with any of the following:

1.Scheduled or emergency maintenance or upgrades approved in advance by Customer.
2.Failure of third party access circuits (local loops) unless such failure is caused solely by Rationale Media LLC.
3.DNS issues outside the direct control of Rationale Media LLC.
4.Circumstances beyond Rationale Media LLC's reasonable control. Such circumstances include, by example but not limitation war, terrorist activities, acts of governmental bodies, acts of God, sabotage, attacks by hackers, fire, flood, strike or other labor disturbance, failure of software provided by third parties, inability to obtain power used by or equipment needed for the IP Network.
5.False SLA breaches reported as a result of errors made by any measurement system.
6.Customer's acts or omissions (or act or omissions of others engaged or authorized by Customer), including without limitation, any negligence, willful misconduct, or use of the Rationale Media LLC IP Network or Rationale Media LLC services in breach of Rationale Media LLC's Acceptable Use Policy (AUP).

Nevertheless, Rationale Media LLC will make every commercially reasonable effort to ensure that service is not interrupted by any of the foregoing reasons.

Customer shall not receive any credits under this SLA if the Customer’s account carries a past due balance, is in default or is not in good standing for any reason including AUP breaches.