Service Level Agreement for Brinkster’s Cloud Server Service Offering (99.99% SLA)

The Brinkster’s Cloud Server Services SLA ("SLA") service levels and associated remedies described below apply to the Brinkster’s Cloud Server Service ("Service"), which utilizes Brinkster Infrastructure, when that Service is purchased directly from Brinkster or through a Brinkster Partner or Reseller. This SLA is applicable separately to each account.

Service Commitment

During the term of the applicable Order of Service between Brinkster and Customer or Partner or Reseller (herein referred to as "Customer") for the Service, Brinkster will use commercially reasonable efforts to achieve a Monthly Uptime Percentage of at least 99.99% for the Brinkster Cloud Infrastructure for any calendar month. If Brinkster does not meet this SLA, and so long as your account with Brinkster is current and payment is not past due, you will be eligible to receive the below-referenced Service Credits.

Definitions

• Brinkster Infrastructure: The compute and storage resources used to provide the Service.
• Downtime: The time in which the Service Console has no external connectivity from outside the particular Brinkster data center that hosts that Brinkster Infrastructure, as verified by Brinkster.
• Monthly Uptime Percentage: The total number of minutes in the given month minus the number of minutes of Downtime, the balance is then divided by the total number of minutes in the given month.

Service Credits

If Brinkster does not meet the SLA for a particular month during the term set forth in the Order for Service, Brinkster will, at Customer’s request, provide the applicable credit ("Credit") as outlined below:

Service Credits will only be applied to future payments owed by Customer, will not entitle Customer to a refund or other payment, and Credit may not be transferred or applied to any other account.

Customer’s sole remedy, and Brinkster’s sole liability, with respect to Brinkster inability to meet any SLA is the Credits described above and Customer explicitly disclaims any and all other remedies, whether in law or equity.

Credit Requests

To receive a Credit, a Customer is responsible for making a claim alleging Brinkster’s failure to achieve the SLA within 30 days of the last date of the reported Downtime. The claim must be made by logging in at www.brinkster.com and creating a support case. The case must include the following information:

1. Customer Name.
2. Customer Email Address (that Brinkster has on file).
3. Customer Phone Number.
4. Name of the Service and Cloud Instance in which the credit request relates.
5. Specific Date(s) and Time(s) for each downtime claim.
6. Any logs or records that validate the claimed outage.
7. Additional applicable details.

Exclusions

The following are not counted as Downtime for the purpose of calculating Monthly Uptime Percentage.

• This SLA does not begin until after the Brinkster Onboarding Process has been completed and the Customer has been turned over to the Support Operations Team.
• This SLA does not apply if the virtual machine was not powered up for the entire billing period.
• Downtime as a result of Service(s) suspended due to a violation of the Brinkster Universal Terms of Service.
• Downtime caused by maintenance (including emergency maintenance) of the platform used to provide the Service which does not exceed the pre-determined unavailability window for such maintenance (Brinkster will endeavor to provide seven (7) days’ advance notice of Service-affecting planned maintenance).
• Downtime caused by events outside the reasonable control of Brinkster or its subcontractor, including failure or unavailability of the Customer’s systems, the Internet, or any other service or third-party used by Customer to use, connect to, or access the Service.
• Downtime that results from any actions or inaction by the Customer and/or third party software, equipment, or technology (other than third party software or equipment within Brinkster’s direct control).
• Downtime that results from denial of service attacks, virus activity, hacking attempts, or any other circumstances beyond Brinkster’s control.
• Downtime that results from acts, requests, or demands from law enforcement, any cause beyond Brinkster’s reasonable control, including without limitation, flood, war, embargo, strike or other labor dispute, riot, terrorist attack, acts of God or the intervention of any government authority.

Brinkster may modify the Service (including modifications to the software and other elements of the Brinkster Cloud Infrastructure) at any time, without prior notice, provided the modification does not materially denigrate the functionality of the Service.

This service agreement is part of the Brinkster Universal Terms of Service.
Effective Date: March 17, 2014