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<br />3 1.+
<br />3.2.5
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<br />Shall not use the Sen'ices in violation olSection 1.9;
<br />Acknorvledges and agrees that Streamline has no control ofavailabiliry ofservices on a continuous or unintemrpred basis
<br />Acknowledges and agrees that tiom time to tirne the Sewices may- be inaccessible or inoperable lor causes beyond Streamline's reasonable control.
<br />Acknorvledges and agrees that Streamline does not guarantee the inlegritv ofdata stored or transnitted via Client-s system/hardlvare or via the
<br />Intemet.
<br />Acknorvledges and agrees that Streamline shall not b€ liable to Client for tlre inadvertent disclosure ot', or conuption or erasure ofdata transmitted
<br />or received or stored on Clienl's system. unless caused b1, lhe gross negligence or illegal misconduct of Streamline, its enrployees. or anyone or
<br />anything under Streamline's reasonable control.
<br />ARTICLEI-
<br />SERVICE LEVEL GUARANTEES AND iERN,iJ
<br />Netrvork Availabilib Guarantee Scope. Streamline guarantees that it shall mainlain one hundred percent (100%) up tirne, excluding Scheduled
<br />Maintenance (as defined in Section 4.2), for lacilities and the Streamline net\York as follorvs:
<br />In the evgnt one-ot-rq9jg Client yi11qa-l .lgrver,s3rc u,lgue to transmit or receive information via the lnternet through the front-end network as a
<br />result ofdisruptrons to either the data center or the front-end nenvork (a:lCoveied' 0iitaee"). Streamiine shall, as Client's sole and exclusive remedy
<br />fbr lailure to meet the loregoing guarantee, credit the Client's account for every five (5) consecutive minutes ofsuch Covered Outage rvilli a sum
<br />equal to the prorated ALSIatbr one (l ) day ofServices for the affected server(s), subject to a maximum credit during any calendar month as limited
<br />bySection46(the'lggdgd-SgyjSEgCdI"). lnnoevsntshall theScheduledMaintenancebedeemedaCoveredOutageentitlingClienttoa
<br />Standard Service Credit.
<br />Scheduled Maintenance Scooe. "scheduled Maintenance" shall mean any maintenance at the Streamline data center at which Client's virtual server
<br />G ioiatea. of rvhich Client is notified at least lorty-eight (48) hours in advance. Notice of Scheduled Maintenance shall be provided to Client's
<br />designated point ofcontact via e-mail, The standard lvindow for service-afiecting maintenance is betrveen the hours of l2:01 a.m. and 5:00 a.m.
<br />localtimeonaSaturdayorSunday. Streamlineshall usereasonablecommercial eflortstocoordinate$'ithClientlvhenplanninganymaintenance
<br />so as to minimize impact to Client and its customers. "Emergencv Maintenance" shall mean any maintenance by Streamline. its subcontractors or
<br />sewice providers that does not meel the definition of Scheduled lvtaintenance.
<br />Service Availabilitv Guarantee Process. "Nettvork Unavailabiliw" shall be calculated by Streamline each calendar month, and consists ofthe
<br />rumUer of minutes rhe Streamline network was not available to Client, and shall include unavailability associated with maintenance at the
<br />Streamline data center rvhere Client's virtual server is located (other than Scheduled Maintenance). Outages shall be counted as Nehvork
<br />Unavailability only if Client opens a rrouble ticket u,ith Streamline Client support within five (5) days olthe outage. Network Unavailability shall
<br />not inclucte any unavailability resulting from. (a) Schecluled Maintenance; (b) the acts or omissions olClient, or any user authorized by Clien[ (c)
<br />the deliberate act of Client or its customers: or (d) reasons of tbrce majeure as set Forth in Section 6.9.
<br />Service Reolacement Guarantee. If a server experiences an outage directly aftributable to the failure of the Streamline system, Streamline shall
<br />restore the failed server within one (l) hour ofstreanrline determining that the virtual server needs to be restored (the'Streamline Hardrvare
<br />Availabiliw Guarantee"). Ifstreamline does not restore the server within such period, Streamline shall, upon Client's written request, credit Client's
<br />account ten pe(cent (10%) ofthe ALSF, and an additional ten percgnt (109/o) olthe ALSF tbr each additional hour over and above such one hour
<br />commitment. The Streamline llarchvare Availability Guarantee shalI not apply ifthe failure ofthe virtual server is as a result ofan event offorce
<br />majeure as set lorth in Section 6.9, or if Ctient is in breach of the Agreement, including. but not limited to, a violation of the AUP.
<br />Exceprions to the Credir Process. Credit shall not be issued due to failures that are, as solel.v determined by Streamline, in its reasonablejudgment,
<br />a result of: (a) Scheduled Maintenance and/or Emergency Maintenance and upgrades; (b) violations ofthe AUP; or (c) Events ofForce Majeure as
<br />set forth in Section 6.9.
<br />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 />Suooort. Streamline shall maintain a help desk, which shatl be the primary point ofcontact for all queries and communications regarding service
<br />level tncidents. The help desk shall be contactable by telephonc at (888) 659.1249 as well as the Streamline support ticket system, and available 24
<br />hours a day, 7 da1's a week, 365 days ayear (366 days in a leap year).
<br />ARTICLE 5
<br />CONFIDENTIAL INFORMATION
<br />Confidential Information. For purposes ofthis Agreement, "Confidential Information" shall mean Streamline's proprietary information, including,
<br />rvithout limitation, information conceming patents, trademarks, copyrights, or other intellectual property licensed by Streamline, technical data,
<br />business methods, softrvare, hardware, product formulas, designs, drarvings, 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". [n the event that Confrdential
<br />Information must be provided visually or orally. obligations ofconfidence shall attach only to that information. Client's obligations hereunder shall
<br />not extend to any of the Confidential lnformation which Client can demonstrate that: (a) was in the public domain at the time it was dtsclosed, or
<br />thereafter passed into the public domain ofter than by an act in violation ofthis Agreement by the Clienti (b) was knolvn to Clienl at the time of
<br />disclosure, or thereafter became known, provided such knowledge was lasfully derived from a source other than Streamline; (c) was used or
<br />disclosed with the prior writlen approval ol Streamline; (d) was independently developed by Client and all such development efforts can be
<br />independently documented, (e) rvas disclosed by Streamline to a third parry, orlhe United States government. without restriction; or (t) is required
<br />to be disclosed by larv, regulation, or by coun order.
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<br />4.t I
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<br />4.5
<br />4.6
<br />4.7
<br />Streamline License and Service Agreement Revised 1711412020
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