Service Level Agreement

COVERAGE
This WebSite Availability Service Level Agreement applies to Neuroscape Communications accounts in good financial standing ("Service").

SERVICE LEVEL

Neuroscape Communications endeavors to have the content of your web site available for http access by third parties 99% of the time ("Web Site Availability").

CREDITS

In the event that there is no WebSite Availability, Neuroscape Communications will credit the monthly service charge for the Service as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month:

In order for you to receive a credit on your account, you must request such credit within five (5) business days of experiencing no WebSite Availability. You must request credit by sending an electronic mail message to support@neuroscape.com . For security, the body of this message must contain your domain name, the dates and times of the unavailability of your web site, and such other customer identification requested by Neuroscape Communications. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event that there is no WebSite Availability.

RESTRICTIONS

Credits shall not be provided to you in the event that you have no WebSite Availability resulting from (i) scheduled maintenance as scheduled from time to time between Neuroscape Communications and the customer, (ii) your behavior or the performance or failure of your equipment, facilities or applications (including coding), or (iii) circumstances beyond Neuroscape Communications’s reasonable control, including, but not limited to, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS and/or DOS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your Web Site.

Rev.1/03/01