AT&T High Speed Internet Business Edition Service Level Agreements

This summary page describes the Service Level Agreement (SLA) applicable to the AT&T High Speed Internet Business Edition family of services.

Network Performance - April 2007

Metric	Target	Actual
Network Availability %	99.99	99.999
Latency (roundtrip) ms	40.0	28.0
Packet Loss	0.1	0.011

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A. Network Availability - 99.99%:

AT&T POPs on the IP/DSL Backbone Network shall be "Available" 99.99% of the time in delivering traffic to/from other AT&T POP locations on the IP/DSL Backbone measured over a calendar month. Network Availability shall be calculated based on an aggregate monthly measurement average between AT&T MegaPOP and MiniPOP endpoints within the USA. *Customer shall be entitled to one (1) day's credit pro-rated from the Customer's Recurring Monthly Service Fees if AT&T fails to meet the aggregate Network Availability guarantee during any calendar month.

Any calculation of Network Availability shall not include any unavailability resulting from (a) scheduled Network maintenance; (b) the occurrence of a Force Majeure event, (c) unavailability of an AT&T Virtual POP, or (d) the failure of non-service impacting equipment or systems responsible for network measurements.

B. Installation Interval - 5 Calendar Days:

For completed, End User circuits on which billing has commenced, “Installation Interval” is calculated as the number of whole calendar days between the date AT&T received the customer order and the service activation date. *Customer shall be entitled to 50% credit of the first whole month’s monthly recurring charge for that particular circuit if AT&T fails to meet the Installation Interval guarantee during the initial installation phase of the order.

This calculation excludes: (a) any customer that does not have an active voice line currently in service with AT&T (must add high-speed Internet service to existing line), (b) any requested due date that occurs after the first available install date, (c) lack of facilities within the AT&T network, (d) any orders which are changed by the customer after original date of submission, (e) orders must be placed before 12PM local time or the interval will not start until the following calendar day, (f) any customer with access provided by AT&T SPORT or (g) any delay resulting from Force Majeure events.

C. Network Latency - 40ms:

AT&T's aggregate monthly average, roundtrip POP-to-POP latency on the IP/DSL Backbone Network shall be 40.0 milliseconds or less between MegaPOP locations on the AT&T IP/DSL Backbone. Aggregate monthly roundtrip latency shall be calculated based on the geometric mean of regular measurement samples between AT&T MegaPOP endpoints within the contiguous forty-eight (48) States of the USA. Customer shall be entitled to one (1) day's credit pro-rated from the Customer's Recurring Monthly Service Fees if AT&T fails to meet the aggregate Network Latency Guarantee during any calendar month.

Any calculation of Network Latency shall not include any failure attributable to (a) scheduled Network maintenance; (b) the occurrence of a Force Majeure event, or (c) the failure of non-service impacting equipment or systems responsible for network measurements.

D. Data Delivery (Packet Loss) - 99.9%:

AT&T's aggregate monthly average packet loss between AT&T POPs on the IP/DSL Backbone shall not exceed 0.1%. Packet Loss shall be calculated based on the arithmetic mean of aggregate monthly measurements between AT&T MegaPOP and MiniPOP endpoints within the USA. *Customer shall be entitled to one (1) day's credit pro-rated from the Customer's Recurring Monthly Service Fees if AT&T fails to meet the aggregate Network Packet Loss SLA during any calendar month.

Any calculation of Network Packet Loss shall not include any failure attributable to (a) scheduled Network maintenance; (b) the occurrence of a Force Majeure event, or (c) the failure of non-service impacting equipment or systems responsible for network measurements.

E. 24 Hour Service Restoration:

Customer connectivity shall be restored in 24 hours or less from the time AT&T is notified of the outage. *Customer shall be entitled to one (1) day's credit (based on 30 day calendar month) from the Customer's recurring monthly service fees if AT&T fails to meet the 24 Hour Service Restoration SLA.

Any calculation of 24 Hour Service Restoration shall not include any failure attributable to (a) scheduled Network maintenance; (b) the occurrence of a Force Majeure event; (c) the failure of non-service impacting equipment or systems responsible for network measurements; or (d) any CPE failures; (e) any outage involving access facilities; including Central Office (CO), Remote Terminal (RT), or Digital Subscriber Line Access Multiplexer (DSLAM) equipment .

(*) Credits are not automatically applied. Customer must apply via the Business DSL SLA website located at http://www.att.com/businessdslsla, or by calling our Customer Care at 1-877-722-3755.

F. On-Line Information:

All SLA computations, methodologies, and credit requests are available to Customer within this site. AT&T-designated MegaPOPs on the AT&T IP/DSL Backbone within the contiguous 48 States of the USA consist of the following locations: Richardson, Dallas, Houston, Kansas City, Miami, Seattle, Herndon, New York City, San Francisco, Santa Clara, Los Angeles, Irvine, Chicago, Elmhurst, Southfield, Brecksville, Atlanta, & Denver. AT&T reserves the right to add, delete, or modify the number and location of MegaPOPs on the AT&T IP/DSL Backbone.

G. Scheduled Network Maintenance:

Scheduled Network Maintenance refers to upgrades or modifications to network equipment software, network equipment hardware, or Network capacity. Scheduled Network Maintenance may temporarily degrade the quality of AT&T’s Internet Service, including the possibility of short-duration outages. Such effects related to Scheduled Network Maintenance shall not give rise to service credits under this SLA. Scheduled Network Maintenance shall be undertaken only on Tuesday and Thursday mornings between the hours of 2:00AM and 5:00AM Central Time in the United States independent of the local time zone of each respective AT&T Point-of-Presence (POP). AT&T reserves the right to change Scheduled Network Maintenance dates & times upon 30 days notification via update to be posted at this site.

H. Emergency Network Maintenance:

Emergency Network Maintenance refers to efforts to correct network conditions that are likely to cause a material Service outage and that require immediate action. Emergency Network Maintenance may temporarily degrade the quality of AT&T’s Internet Service, including the possibility of short-duration outages. Such effects related to Emergency Network Maintenance shall entitle Customer to service credits as set forth in this SLA if and only if service degradation or loss-of-service occurs outside of Scheduled Network Maintenance time windows identified in Section F. AT&T may undertake Emergency Network Maintenance at any time deemed necessary and shall provide notice of Emergency Network Maintenance to Customer as soon as is commercially practicable under the circumstances.

I. Force Majeure:

Neither AT&T nor Customer shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including strikes, slowdowns, picketing or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

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