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3.2.3 Shall not use the Services in violation of Section 1.9;
<br />3.2.4 Acknowledges and agrees that Streamline has no control of availability of Services on a continuous or uninterrupted basis.
<br />3.2.5 Acknowledges and agrees that from time to time the Services may be inaccessible or inoperable for causes beyond Streamline's reasonable control.
<br />3.2.6 Acknowledges and agrees that Streamline does not guarantee the integrity of data stored or transmitted via Client's system/hardware or via the
<br />Internet.
<br />3.2.7 Acknowledges and agrees that Streamline shall not be liable to Client for the inadvertent disclosure of, or corruption or erasure of data transmitted
<br />or received or stored on Client's system, unless caused by the gross negligence or illegal misconduct of Streamline, its employees, or anyone or
<br />anything under Streamline's reasonable control.
<br />SERVICE LEVEL GUARANTEES AND TERMS
<br />4.1 Network Availability Guarantee Scope. Streamline guarantees that it shall maintain one hundred percent (100%) up time, excluding Scheduled
<br />Maintenance (as defined in Section 4.2), for facilities and the Streamline network as follows:
<br />4,1.1 In the event one or more Client virtual servers are unable to transmit or receive_ information via the Internet through the front-end network as a
<br />result of disruptions to either the data center or the front-end network (a "Covered Outage '), Streamline shall, as Client's sole and exclusive remedy
<br />for failure to meet the foregoing guarantee, credit the Client's account for every five (5) consecutive minutes of such Covered Outage with a sum
<br />equal to the prorated ALSF for one (1) day of Services for the affected server(s), subject to a maximum credit during any calendar month as limited
<br />by Section 4.6 (the "Standard Service Credit"). In no event shall the Scheduled Maintenance be deemed a Covered Outage entitling Client to a
<br />Standard Service Credit.
<br />4.2 Scheduled Maintenance Scope. "Scheduled Maintenance" shall mean any maintenance at the Streamline data center at which Client's virtual server
<br />is located, of which Client is notified at least forty-eight (48) hours in advance. Notice of Scheduled Maintenance shall be provided to Client's
<br />designated point of contact via e-mail. The standard window for service -affecting maintenance is between the hours of 12:01 a.m. and 5:00 a.m.
<br />local time on a Saturday or Sunday. Streamline shall use reasonable commercial efforts to coordinate with Client when planning any maintenance
<br />so as to minimize impact to Client and its customers. "Emergency Maintenance" shall mean any maintenance by Streamline, its subcontractors or
<br />service providers that does not meet the definition of Scheduled Maintenance.
<br />4.3 Service Availability Guarantee Process. "Network Unavailability" shall be calculated by Streamline each calendar month, and consists of the
<br />number of minutes the Streamline network was not available to Client, and shall include unavailability associated with maintenance at the
<br />Streamline data center where Client's virtual server is located (other than Scheduled Maintenance). Outages shall be counted as Network
<br />Unavailability only if Client opens a trouble ticket with Streamline Client support within five (5) days of the outage. Network Unavailability shall
<br />not include any unavailability resulting from: (a) Scheduled Maintenance; (b) the acts or omissions of Client, or any user authorized by Client; (c)
<br />the deliberate act of Client or its customers; or (d) reasons of force majeure as set forth in Section 6.9.
<br />4.4 Service Replacement Guarantee. If a server experiences an outage directly attributable to the failure of the Streamline system, Streamline shall
<br />restore the failed server within one (1) hour of Streamline determining that the virtual server needs to be restored (the "Streamline Hardware
<br />Availability Guarantee'). If Streamline does not restore the server within such period, Streamline shall, upon Client's written request, credit Client's
<br />account ten percent (10%) of the ALSF, and an additional ten percent (10%) of the ALSF for each additional hour over and above such one hour
<br />commitment. The Streamline Hardware Availability Guarantee shall not apply if the failure of the virtual server is as a result of an event of force
<br />majeure as set forth in Section 6.9, or if Client is in breach of the Agreement, including, but not limited to, a violation of the AUP.
<br />4.5 Exceptions to the Credit Process. Credit shall not be issued due to failures that are, as solely determined by Streamline, in its reasonable judgment,
<br />a result of: (a) Scheduled Maintenance and/or Emergency Maintenance and upgrades; (b) violations of the AUP; or (c) Events of Force Majeure as
<br />set forth in Section 6.9.
<br />4.6 Maximum Credits Available. The total credit available to Client in any particular calendar month shall in no event exceed the ALSF for such
<br />month.
<br />4.7 Sport. Streamline shall maintain a help desk, which shall be the primary point of contact for all queries and communications regarding service
<br />level incidents. The help desk shall be contactable by telephone at (888) 659.2249 as well as the Streamline support ticket system, and available 24
<br />hours a day, 7 days a week, 365 days a year (366 days in a leap year).
<br />ARTICLE 5
<br />CONFIDENTIAL INFORMATION
<br />5.1 Confidential Information. For purposes of this Agreement, "Confidential Information" shall mean Streamline's proprietary information, including,
<br />without limitation, information concerning patents, trademarks, copyrights, or other intellectual property licensed by Streamline, technical data,
<br />business methods, software, hardware, product formulas, designs, drawings, customers lists, marketing plans, finances, intellectual property
<br />licenses, licensed material, business methods, products, new products, marketing strategies for new products, sales figures, annual reports, financial
<br />statements, and all other information provided by Streamline to Client marked "Confidential Information". In the event that Confidential
<br />Information must be provided visually or orally, obligations of confidence shall attach only to that information. Client's obligations hereunder shall
<br />not extend to any of the Confidential Information which Client can demonstrate that: (a) was in the public domain at the time it was disclosed, or
<br />thereafter passed into the public domain other than by an act in violation of this Agreement by the Client; (b) was known to Client at the time of
<br />disclosure, or thereafter became known, provided such knowledge was lawfully derived from a source other than Streamline; (c) was used or
<br />disclosed with the prior written approval of Streamline; (d) was independently developed by Client and all such development efforts can be
<br />independently documented; (e) was disclosed by Streamline to a third party, or the United States government, without restriction; or (f) is required
<br />to be disclosed by law, regulation, or by court order.
<br />Streamline License and Service Agreement Revised 12/14/2020
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