SHIFT HOSTING COLOCATION SLA

Service Level Agreements

These Service Level Agreements (“SLAs”) are incorporated into the Customer agreement and apply to Shift Hosting LLC colocation suites and the associated products and services described below. If there is an eligible SLA exception, Customer may request the applicable credit in accordance with the process and within the time periods stated below. Where the SLA credit is stated as fees for one or more days, this is a pro-rated amount based on the monthly recurring charges (“MRC”) for the impacted service, For our SLA table Click Here

SLA Credit Process

• Notice of SLA Exception

SLA exceptions may be reported by Customer. To report a service impacting condition, Customer should submit a ticket or notify the Support Ticket System via Shift Hosting Customer Portal as soon as possible, but no later than 24 hours after an SLA exception has occurred. Shift Hosting will open a trouble ticket within 15 minutes after Shift Hosting learns of an SLA exception or 5 minutes after a customer notifies Shift Hosting of an SLA exception. The duration of the SLA exception will be calculated from when the trouble ticket is opened until the restoration time noted in the applicable trouble ticket.

B. Request for SLA Credit

Unless a different time period is specified for a particular SLA, a customer requesting SLA credits must submit a written request to its Shift Hosting Sales team within 90 days after the end of the calendar month in which the relevant SLA exception occurred.

C. Calculation of SLA Credit

Credits for SLA exceptions are determined and calculated on a per-occurrence basis, pro-rated based on the MRCs for the directly impacted service for the directly impacted cabinets, cages or racks, commencing upon the NOC’s initial awareness of an SLA exception and ending when the SLA exception has been resolved. For example, if an SLA Credit is 2 days’ fees during a 30-day month, then the SLA Credit is calculated as follows: 2 X MRC for impacted service divided by 30 The maximum SLA Credits per calendar month may not exceed the MRCs for the impacted service for that month.

D. Application of SLA Credit

SLA Credits will be applied as a credit towards Customer’s MRCs due for the immediately following month of the Order term. However, if an SLA Credit accrues during the final month of the applicable Order term, Shift Hosting will pay the SLA Credit to Customer within 30 calendar days after the end of the applicable Order term. SLA Credits are a customer’s sole and exclusive remedy for SLA exceptions.

III. Additional Provisions

• Power

The demarcation point for Shift Hosting power-related SLAs is the power plug receptacle of a cabinet, cage or rack, or provided PDU. An SLA exception is a partial or complete interruption of electricity to the demarcation point (i.e., the interruption of electricity from one or more “A-side” circuits together with the concurrent interruption of electricity from the corresponding “B-side” circuits). Power-related SLAs apply only if customer complies with the applicable contract and Shift Hosting policy requirements relating to equipment layout and power usage, including:

• i) properly using the “A+B” or dual corded power circuit delivery so that Customer’s equipment can continue to operate during an interruption of one of the dual power feeds;
• ii) ensuring that total power draw of any power circuit (A-side, B-side or A-side and B-side combined) does not exceed 80% of the Primary (A-side) allotment and balancing the loading of any redundant circuit pair evenly (50% of the load on the primary, and 50% of the load on the secondary), as applicable;
• iii) balancing its loading across phases of any three-phase circuits provisioned to their cabinets or rack Shift Hosting Colocation Service Level Agreements Page 6 of 8
• iv) drawing only its contracted amount of power; and
• v) drawing only up to the maximum cabinet power density of the suite.

B. Temperature/Humidity

Temperature and humidity-related SLAs do not apply (a) to localized conditions within a particular customer cabinet, cage, rack or other enclosed space; or (b) if the Customer has not complied with applicable Shift Hosting policies and requirements relating to equipment deployment, such as, improperly positioned Customer equipment venting heated air into designated cold aisles.

C. Chronic Power, Temperature and Humidity SLA Exceptions

Customer may elect to terminate an affected Space and Power service prior to the end of the applicable service term without termination liability if Customer experiences eligible power, temperature or humidity-related SLA exceptions:

• i) cumulatively equal to or more than 4 hours per month in any 2 consecutive months; or
• ii) at any time, continuously for more than 8 consecutive hours.

Customer may terminate the applicable Order by delivering a written notice of termination to Shift Hosting within 30 calendar days of the chronic SLA exception, specifying a termination date within 90 days after the chronic SLA exception. If Customer does not give written notice of termination within the applicable time period, Customer waives its right to terminate an Order for that particular SLA exception, notwithstanding any other provision in the Customer’s agreement to the contrary.

D. Interconnection Services

Interconnection-related SLAs apply to:

• i) Single Cross Connect
• ii) Cross Connect Pack

Single Cross Connects, Cross Connect Packs, connections are offered as “Unprotected” service that do not employ a protection scheme providing for the re-routing of traffic in the event of equipment or passive physical media failure. Metro Connect services may be offered as either protected “Diverse Path” (redundant) service or unprotected “Single Path” service as specified in the initial Order. An SLA exception occurs when interconnection service becomes unavailable. Interconnection service is considered unavailable when the passive physical media and network gear used for the connection fails and the endpoints of the connection are not able to maintain communication. An external service is any service provided by non-Shift Hosting network elements or facilities, including, without limitation, network elements or facilities operated by third parties that were not directly contracted with Shift Hosting, the public Internet backbones and networks, any server on the Internet, customer premises equipment, or local access service of any type not directly contracted by Shift Hosting. If a customer uses a Shift Hosting interconnection service to connect to an external service, the Shift Hosting SLAs do not apply to the external service or to SLA exceptions caused by the external service.

E. Chronic Interconnection SLA Exceptions

Customer may elect to terminate an interconnection service without termination liability if Customer experiences chronic interconnection-related SLA exceptions, which are either:

• i) cumulatively equal to or more than 5 confirmed SLA exceptions, each consisting of at least 1 hour of unavailability, within a 30-day period; or
• ii) at any time, continuously for more than 48 consecutive hours. Shift Hosting Colocation Service Level Agreements Page 7 of 8 Customer may terminate the applicable Order by delivering a written notice of termination to Shift Hosting within 30 calendar days of the chronic SLA exception. Shift Hosting will terminate the impacted interconnection service upon receipt of the customer’s notice and give Customer a pro-rated credit for any previously paid but unused portion of the monthly fee for that month. If Customer does not give written notice of termination within the applicable time period, Customer waives its right to terminate for that particular SLA exception, notwithstanding any other provision that may be in the Customer’s agreement to the contrary.

H. Request for Reasons for Outage (“RFO”)

If the Customer requests Reasons for Outage notification, Shift Hosting will send a written Reasons for Outage on events isolated to Shift Hosting’s service point as quickly as possible, and in any event no less than 5 business days from the date of Customer’s request. RFOs do not apply to backbone problems and any services provided by third parties, including Shift Hosting’s vendors or partners. If Shift Hosting fails to provide the RFO for RFO eligible events within the 5 business day period above, then Customer may request an SLA Credit by submitting a written request via the Shift Hosting Customer Portal within 30 days of the expected delivery date of the RFO for which the SLA credit is requested, which SLA Credit shall equal 1-day MRC for the impacted service for which the RFO was requested, for each day late from the 6th business day until the RFO is sent to the Customer. Such SLA credit will be determined and calculated on a per-occurrence basis from the NOC’s receipt of the RFO request to when the written RFO has been sent to Customer’s authorized representative. The SLA credit for Shift Hosting’s failure to provide the RFO within the time period stated shall be Customer’s sole remedy for such failure.

I. Ineligible Causes and Exclusions

SLAs do not apply to service interruptions or SLA exceptions:

• i) associated with (i) scheduled, emergency or Customer-requested service interruptions or maintenance windows; (ii) new installations;
• ii) a claim based on Customer or third-party measurements and that have not been verified by Shift Hosting;
• iii) for anyone other than a Customer with a current and valid agreement with shift hosting;
• iv) associated with trouble tickets opened by Customer for service monitoring purposes only, or opened erroneously;
• v) for circuit releases required by Customer for testing;
• vi) caused by acts or omissions of anyone other than Shift Hosting, including (i) Customer; (ii) Customer’s customers, employees, contractors, agents, or others acting on Customer’s behalf; or (iii) third party carriers or other third-party service providers;
• vii) caused by use of Shift Hosting’s products, services, and networks, contrary to applicable contract requirements or Shift Hosting policies, including electrical consumption overage;
• viii) that are erroneously reported as a result of outages or errors of any Shift Hosting measurement system;
• ix) caused by events beyond Shift Hosting’s reasonable control, including Force Majeure events;

IP TRANSIT SERVICES SERVICE SCHEDULE

This IP Transit Services Service Schedule ("Schedule"), including Service Level Agreement ("SLA"), is incorporated into and made a part of all relevant Service Orders ("SOF") between SHIFT HOSTING and the Client ("Client"),. This Schedule sets forth the specific terms and Service level parameters that will apply to Shift Hosting’s IP Transit Service (defined below) provided by SHIFT HOSTING to the Client. All terms defined on the SOF.

SCOPE OF SCHEDULE

Shift Hosting’s IP Transit Service (the "Service") provides Clients dedicated access to the global Internet via connection to Shift Hosting’s IP Network. With a single Autonomous System Number ("ASN") AS394177, SHIFT HOSTING offers direct high-performance access to its extensive peering relationships and supported Client networks, with an array of port bandwidth speeds and flexible commercial options. Clients may employ BGP Communities and other supported routing tools to configure the Service to meet their specific requirements.

These objectives shall not result in any additional liability to SHIFT HOSTING beyond the remedies or recourse expressly set forth in this Schedule, and the Client expressly understands and agrees that the remedies set forth in this Schedule shall be the sole and exclusive recourse and/or remedy with respect to any claim in any way related to or arising from any delay, outage, degradation or noncompliance of the Service.

DEFINITIONS

• "Access Circuit" means a GTT-provided circuit that connects a Client Site to the SHIFT HOSTING Network.
• "ACOR Bandwidth" means a Bandwidth Commitment structured as an aggregate committed data rate shared across multiple ports.
• "Allocated MRR" means, for a Service that has multiple locations, a portion of the MRR that is allocated to each active Client location as specified on an SOF, and if not so specified in a SOF, then prorated based on the port capacity of each active Client location relative to the total port capacity of all Client locations constituting such multipoint Service.
• "Available" or "Availability" is defined as the percentage of time during which the Services are operating within normal parameters and are usable by the Client.
• "Bandwidth" means capacity availability for data throughput, typically represented in megabits per second ("Mbps") or gigabits per second ("Gbps").
• "Bandwidth Commitment" is the Client's commitment in a given month to pay for a certain level of Bandwidth. The Client agrees to pay the MRR specified on the SOF as a minimum monthly charge regardless of whether actual usage is lower. A Bandwidth Commitment must be specified on an SOF to be applicable.
• "Burst Bandwidth" is the amount of Bandwidth usage based on the 95th Percentile Calculation in excess of a Bandwidth Commitment. Any usage in excess of the Bandwidth Commitment will incur an additional burst usage charge based on the 95th Percentile Calculation.
• "Client Site" means the location of one or more Client devices, whether a Client premises, a SHIFT HOSTING data center, or a third party hosting or colocation facility.
• "Emergency Maintenance" refers to any emergency maintenance work SHIFT HOSTING conducts without any prior notice to the Client.
• "SHIFT HOSTING Network" is defined as Shift Hosting’s national private network, owned and operated by Shift Hosting.
• "Latency" is the round-trip delay of packets between designated locations on the SHIFT HOSTING Network or other defined endpoints.
• "Mean Time to Restore" (MTTR) is the mean elapsed time to restore any interrupted Services during the course of a month.
• "Monthly Recurring Rate (MRR)" is the monthly rate, specified in the SOF or other applicable contract document, that SHIFT HOSTING invoices Client for the specific Service at the Client location for the duration of the Service term.
• "Non-Recurring Rate (NRR)" is any one-time charge, specified in the SOF or other applicable contract document, that SHIFT HOSTING invoices Client for the initial provision of the specific Service at the Client location.
• "Notification" occurs when SHIFT HOSTING has received notice of an incident affecting Services, upon receipt of an automated alert from the monitoring system, upon receipt of a phone call or email from Client, or upon receipt of some other mutually agreed upon process by which SHIFT HOSTING is made aware of an incident affecting Services.
• "On-net Service" means a Service provided to a location that is served completely by the SHIFT HOSTING Network.
• "Point of Demarcation" is the NNI and/or UNI interface port where SHIFT HOSTING hands off the Service to the Client, except as otherwise specified on an SOF.
• "Regional Internet Registry" refers to the five (5) Internet registries responsible for the allocation and registration of Internet numbers. These registries are AfriNIC, APNIC, ARIN, LACNIC and RIPE NCC.
• "Scheduled Maintenance" shall be as defined in Section 9 of this Schedule.
• "Service Month" is fixed per month at 30 days, 720 hours or 43,200 minutes.
• "Service Outage" is when the Service experiences a complete or material loss, interruption or Availability of the Service, subject to the exclusions set out forth in Section 12 below.
• "Start of Service Date" shall be as defined in Section 4.2 of this Schedule.
• "Unavailable Time", "Unavailable" or "Unavailability" consists of the number of minutes that Shift Hosting’s network is not Available, subject to the exclusions set forth in Section 12 of this Schedule.
• "95th Percentile Calculation" is the calculation method used to measure Bandwidth usage for SOFs that specify Burst Bandwidth. Samples of average Bandwidth utilization rates of both inbound and outbound traffic from the Client port(s) are collected in five (5)-minute intervals over a calendar month. The five (5)-minute data samples for each direction (inbound or outbound) are sorted from highest to lowest in amount of Mbps. The highest five percent (5%) of samples in each direction are discarded, and the highest remaining sample taken from either direction is used as the 95th percentile value.

IP ADDRESS ALLOCATION

Any IP address allocated by SHIFT HOSTING to the Client pursuant to this Schedule shall remain the sole property of Shift Hosting, and the Client is hereby given a nonexclusive, nontransferable right to use such IP address until the affected Service is terminated.

When SHIFT HOSTING is asked to allocate the Client any Independent Internet Number Resources, the Client and SHIFT HOSTING shall enter into the Independent Assignment Request and Maintenance Agreement according to relevant Regional Internet Registry standards.

SERVICE DELIVERY OBJECTIVE; SERVICE ACTIVATION AND START OF SERVICE DATE

• Service Activation. After SHIFT HOSTING has determined that the Service conforms to the relevant Service specifications and delivered the Service to Client, SHIFT HOSTING will notify the Client that the Service is activated, meets the Service specifications and is available for use by the Client ("Start of Service Letter"). The "Start of Service Date" shall be the earlier of (i) the date on which the Client begins using the Service for any purpose other than testing, or (ii) the date on the "Start of Service Letter." The Client shall have two (2) calendar days in which to notify SHIFT HOSTING that it is rejecting the Service because the Service does not meet the Service specifications. The Client's failure to test or delay in testing the Service or failure to utilize or delay in utilizing the Service on or after the Service activation notice date shall not prevent SHIFT HOSTING from billing the Client for the Service.
• Incrementally Delivered Services. Unless otherwise specified on an SOF, SHIFT HOSTING may incrementally deliver individual Services when ready, which may result in different Service activation dates for such incrementally delivered Services. For multi-location Services, SHIFT HOSTING may incrementally deliver Service to each Client location when ready. Billing for incrementally delivered multi-location Services shall begin on the Start of Service Date of the first location and/or circuit delivered and shall end after the period specified as the Service term from the Start of Service Date of the last location and/or circuit delivered.
• Client Readiness. If Shift Hosting’s efforts to install and/or deliver the Service are delayed as a result of (i) Client's failure to meet its responsibilities under the MSA, this Schedule, SOF or other relevant contract document, (ii) Client's failure to have ready the necessary interconnection facilities and/or equipment, and/or (iii) any other action or inaction of Client which prevents SHIFT HOSTING from installing or delivering Service, Shift Hosting, may, in its sole discretion deem the Start of Service Date to be the date that SHIFT HOSTING is ready to complete delivery of the related Service.
• Expedite Charges. The Client will incur an expedite charge of $1,000 (or the currency equivalent) plus third-party expenses for Services requested to be provisioned before the estimated installation date that SHIFT HOSTING provides to Client.

TECHNICAL CONFIGURATION CHANGE REQUESTS

• Client may change the technical configuration of the Service after delivery by opening a standard change request ticket through the SHIFT HOSTING portal. The list of standard technical changes are available on the SHIFT HOSTING portal in the Support section. Any technical change not included in the standard change list or that is not related to the original Service will be chargeable and will require separate mutual approval. The SHIFT HOSTING NOC will validate Client's change request to determine if it is eligible to be a standard charge request ticket.
• Each month, Client will be entitled to a pooled allowance of free standard change requests for Services and all other eligible services that SHIFT HOSTING provides to Client (excluding managed hosting and VDC services, if ordered by Client) determined by multiplying the number of Client's service IDs by five (5). Additional charges shall apply to each standard change request submitted by Client that exceeds Client's allowance for such month.
• Subject to all relevant information being provided to SHIFT HOSTING by the Client, SHIFT HOSTING will endeavor to complete up to five (5) standard change requests, on a per Service ID basis, within a three (3) calendar day period. Additional charges shall apply for change requests to be completed within an expedited four (4) hour period from the time that all relevant information has been provided to GTT.

SERVICE AVAILABILITY OBJECTIVES

• SHIFT HOSTING guarantees Service Availability on a monthly basis. Unless otherwise noted in the terms of a separately agreed upon SLA in writing, the Service Availability objective applicable to the Service is determined by the quantity of Access Circuits provided and implemented by Shift Hosting, as specified in the table HereService Availability is calculated monthly on a per-circuit/ per-Service basis using the following formula and expressed as a percentage: For example, if an SLA Credit is 2 days’ fees during a 30-day month, then the SLA Credit is calculated as follows: 2 X MRC for impacted service divided by 30 The maximum SLA Credits per calendar month may not exceed the MRCs for the impacted service for that month.

Credits

Credits will only be provided for failure to meet the Availability levels set forth in the table below. SHIFT HOSTING will aggregate the total Unavailable Times per month on a per-circuit/ per-Service basis and credit the resulting amount to the Client for the affected Services. With respect to any Service Outages that entitles the Client to receive a credit, the amount of the credit will be calculated as follows based on the duration of Unavailable Time beyond the applicable threshold time:Here

In cases where SHIFT HOSTING delivers a given Service over multiple redundant ports, the Service is considered Unavailable only if Shift Hosting’s network is Unavailable through all Client ports. The measurement period for determining a Service's Unavailability shall begin when a Service Outage related trouble ticket is opened by SHIFT HOSTING following Shift Hosting’s observation of a Service interruption or loss or by Client by opening a trouble ticket reporting a Service Outage. The period of time a Service is considered Unavailable shall conclude upon the date/time SHIFT HOSTING notifies the Client of Service restoration. Clients must always report any fault or quality issue with any Service to Shift Hosting’s Network Operation Center ("NOC").

MEAN TIME TO RESTORE ("MTTR") OBJECTIVES

SHIFT HOSTING will commit to an MTTR for Service Outages for the Service, inclusive of Service port and Access Circuit provided by Shift Hosting. The MTTR commitment is determined by the access technology for each SHIFT HOSTING provided Access Circuit providing the Service. MTTR is calculated by dividing the cumulative monthly Unavailable Time for a specific Service by the total number of trouble tickets opened for that Service during the month. Should MTTR exceed this objective during any given month, SHIFT HOSTING shall credit the Client a service credit equal to five percent (5%) of one month's MRR for the affected Service, in addition to any credits under Section 6, with a maximum of one MTTR credit per Client Site.

• Access Technoloy - Ethernet
• MTTR - 4 Hours

Prior to dispatching a field engineer for service restoration, SHIFT HOSTING may require Client to verify that the local environment (including power, LAN connectivity, and inside wiring / cabling) have been diagnosed and ruled out as the source of the fault

OUTAGE REPORTING AND RESPONSE TIME OBJECTIVES

Except for events affecting a Service which result in Emergency Maintenance, Shift Hosting’s NOC will respond to Client within thirty (30) minutes of Shift Hosting’s receipt of an automated systems notification or within thirty (30) minutes of receiving notice from Client of a Service Outage. SHIFT HOSTING will make reasonable attempts to notify and inform the Client by submitting such notification via the contact details listed in the SOF or MSA. To facilitate such notification, it is the Client's responsibility to ensure that SHIFT HOSTING and Shift Hosting’s NOC have any and all updated contact information for the Client, namely, all telephone and email addresses for all Client notifications regarding disruption of Service.

SCHEDULED MAINTENANCE OBJECTIVES

It will be necessary for SHIFT HOSTING to carry out essential maintenance or network upgrades. Scheduled Maintenance shall generally occur no more than five (5) times in any given calendar month and is generally performed between 2:00 am and 6:00 am local time in the region where the Service is located and/or performed. SHIFT HOSTING will use commercially reasonable efforts to keep Scheduled Maintenance to a minimum and assure the availability of its Services. Except in the event of an emergency or a force majeure event, SHIFT HOSTING and the Client will use commercially reasonable efforts to apply the following procedures with respect to Scheduled Maintenance:

• SHIFT HOSTING will provide the Client with at least ten (10) calendar days' notice of any planned work that will affect the availability of Service except in case of Emergency Maintenance work on Shift Hosting’s network.
• Where possible, SHIFT HOSTING will provide the Client with Scheduled Maintenance-specific and/or upgrade work proposals.
• Where feasible and possible, SHIFT HOSTING will make temporary alternative arrangements during Scheduled Maintenance to avoid an interruption in the Client's Service.
• SHIFT HOSTING will give notice of Scheduled Maintenance to the named contacts of the Client defined in the SOF, MSA or any other applicable notification document.
• The Client shall use commercially reasonable efforts to give SHIFT HOSTING advance notice of any potentially Service impacting event of which the Client is aware at its end, such as site construction or utility work.

LATENCY OBJECT

Round trip Latency is the length of time for a packet to complete a round trip between designated pairs of core routers across Shift Hosting’s network. These figures are measured by averaging sample Latency tests made every thirty (30) minutes during a calendar month.

• DALLAS, TX - Atlanta, GA RTT - <20ms
• DALLAS, TX - NEW ORLEANS, LA RTT - <16ms
• NEW ORLEANS, LA – ATLANTA, GA RTT - <22ms
• ATLANTA, GA – CHICAGO, IL RTT - ~TBD~
• CHICAGO, IL – DALLAS, TX RTT - ~TBD~

Should the average round-trip Latency time be exceeded during a given month, SHIFT HOSTING shall credit the Client five percent (5%) of the MRR for the affected Service for the affected month.

PACKET DELIVERY OBJECTIVES

SHIFT HOSTING guarantees Packet Delivery on a monthly basis. Shift Hosting’s regularly measured average Packet Delivery the SHIFT HOSTING Network shall exceed 99.9%.

• Packet Delivery is the percentage of packets successfully sent and received between designated pairs of core routers across Shift Hosting’s network. Packet Delivery is computed as the average of the Packet Delivery samples over the course of a month.
• Should the average Packet Delivery level fall below the objective during a given month, SHIFT HOSTING shall credit the Client five percent (5%) of the MRR for the affected Service.
• If, at any time, the Service experiences Packet Delivery below ninety percent (90%) for a continuous period of three (3) hours or more, the time for which that reduced Packet Delivery is experienced shall be considered a period of Service Unavailability. SHIFT HOSTING proactively manages the capacity on the network to prevent network congestion and allow clients burst up to the physical limit of their ports. However, SHIFT HOSTING guarantees burst up to two times the Bandwidth Commitment. Therefore, this clause does not apply if the Service is bursting above this threshold at any point during the period of reduced Packet Delivery.

SERVICE CREDITS, AND EXCLUSIONS FROM SERVICE OBJECTIVES

Service Credit Measurement, Claim and Payment Process: Service credits are subject to the following conditions:

• Service credits shall be measured only after Shift Hosting’s receipt of written notice thereof from Client and will be provided only if Client provides written notice with respect to obtaining such credit within thirty (30) days of the Service Outage occurring.
• A Service Outage will be deemed to have occurred only if the Service becomes unusable to Client as a result of the inability of Shift Hosting’s facilities, equipment or personnel to provide the Service.
• The Client must report any Service Outage during the affected period, including by way of opening a trouble ticket, and cooperate in resolving any such problems.
• The granting of credits or rights of termination provided under this Schedule are the Client's sole and exclusive remedies and Shift Hosting’s sole obligation in connection with a failure to meet the stated Service level objective and under no circumstance shall a Service Outage be deemed a default under this MSA.
• Service credits shall be paid to the Client via credit note, when the Service credit request is submitted, the Client shall nevertheless pay its entire Service bill and shall not withhold or deduct any Service credits ii would anticipate receiving from Shift Hosting.
• Client shall not receive more than one Service credit request with respect to any one given incident.
• Service credits to the Client shall not exceed 100% of the contracted MRR incurred by the Client for the specific Service or installation in question. For multi-site Services, the Service credits to the Client shall not exceed the Allocated MRR for the affected Service.

Unavailable Time shall exclude the following time periods ("Performance Exclusions"):

• Unavailable Time shall exclude the following time periods ("Performance Exclusions"):

• In the event that Client equipment on the local area network (LAN) port impacts or impedes transmission of traffic on the Service.

• Due to any cause other than faults in the SHIFT HOSTING network, including faults or negligence of the Client, its contractors, representatives or users or problems associated with equipment connected on the Client's side of the Point of Demarcation.

• In the event that Client equipment on the local area network (LAN) port impacts or impedes transmission of traffic on the Service.

• The failure of interconnecting facilities or other equipment not part of SHIFT HOSTING Service or facilities or not within Shift Hosting’s reasonable control.

• Excusable Delay or Failure or force majeure event as defined in the terms and conditions applicable to the affected Service or other circumstances beyond the reasonable control of Shift Hosting.

• Reported by the Client in which no fault is observed or confirmed by Shift Hosting.

• Any fault period during which Service is suspended pursuant to the terms of the SOF or MSA.

• When SHIFT HOSTING technical staff cannot have access to the Client's facilities, premises, and/or equipment for the purpose of investigating the problem and restoring the Service.

• Any known and agreed, move, add, change or upgrade of the Service, which results in a Service Outage or any usage made by the Client prior to the Start of Service Date.

• During Scheduled Maintenance affecting the Service as defined under Scheduled Maintenance Objectives (Section 9 hereof).

• Experiencing performance degradations and Service loss due to denial-of-service attacks (DoS Attack or DDoS Attack)) or other unlawful attacks generated inside the Client's network or executed against users inside the Client's network or the Client's network infrastructure are excluded from any Service Outage calculation under this Schedule. It is solely the Client's responsibility to put in place the relevant protection mechanisms inside its network to protect itself and its Clients. Nevertheless, SHIFT HOSTING is available to support the Client by implementing appropriate measures on Shift Hosting’s network, such as limiting ICMP Bandwidth, rate limiting over Client's ports, implementing filters, or black-holing routes.

• In the event that the Client's premises equipment impacts or otherwise causes alterations to the quality of the Service or malfunctioning in the network, SHIFT HOSTING may suspend Service for the benefit of the other users of the network. Such suspension will not be the basis for a Service credit. In such an event, SHIFT HOSTING will notify the Client as soon as possible in order to allow the Client to repair or address the problems.

• For any Third Party Service SHIFT HOSTING shall grant Client the same credit rights that the Third Party Service provider grants to SHIFT HOSTING and Client's credit for any Service Outage shall be equal to a pass-through of any credit that SHIFT HOSTING receives from the underlying vendor. Upon receipt of a third-party provider's service credits, SHIFT HOSTING will credit the Client such amount, in full

CHRONIC SERVICE OUTAGE

• A Chronic Service Outage will be deemed to have occurred only if the Client experiences either a single continuous Service Outage lasting seventy two (72) or more hours or four (4) or more related Service Outages resulting in loss of service for at least one (1) hour each within any calendar month period and only when the Service Outage isn't excluded by any criteria within the Performance Exclusions defined in Section 12.2, above.
• On-net Service: Client may, upon written notice to Shift Hosting, immediately terminate the affected On-net Service only if (i) Client notifies in writing SHIFT HOSTING through SHIFT HOSTING NOC trouble ticket system; and (ii) Client provides written notice with respect to such termination to SHIFT HOSTING within thirty (30) days following the eligible Service Outage entitling Client to terminate the Service in accordance with this Section. In case of such termination, Client will not be liable for any early termination fees as set forth in the SOF and/or MSA, as applicable, but will be responsible for all amounts due up to the date of termination.
• Third Party Service: SHIFT HOSTING will have thirty (30) days following receipt of Client's written notification of the Chronic Service Outage through the SHIFT HOSTING NOC trouble ticket system to evaluate and implement resolution ("Cure Period"). If SHIFT HOSTING is unable to resolve the Chronic Service Outage within the Cure Period, Client shall have the right to terminate the affected Service if Client provides written notice with respect to such termination to SHIFT HOSTING within thirty (30) days following the Cure Period. In case of such termination, SHIFT HOSTING shall obtain and pass-through any cancelation rights to which it is entitled from its underlying vendor for any Chronic Service Outage affecting a Third Party Service.

GENERAL TERMS APPLYING TO CREDITS AND TERMINATION RIGHT

• As an express condition of entitlement to any credit or termination right under this Schedule, the Client must report any Service Outage during the affected period, including by way of opening a trouble ticket, and cooperate in resolving any such problems.
• The Client must submit any such credit request(s) in writing within thirty (30) calendar days following the Service Outage event in which entitlement to a credit arose.
• The granting of credits or rights of termination provided under this Schedule are the Client's sole and exclusive remedies and Shift Hosting’s sole obligation in connection with a failure to meet the stated Service level objective.

ACCEPTABLE USE POLICY ("AUP")

• The Client shall comply with Shift Hosting’s acceptable use policy ("AUP") as applicable during the term of the applicable SOF and MSA.
• SHIFT HOSTING reserves the right to modify and amend the AUP according to its Network requirements and shall notify Client of any such modifications or amendments

MISCELLANEOUS

• The Client acknowledges and agrees that the objectives set forth in this Schedule do not constitute guarantees, commitments, or warranties of any kind whatsoever under applicable law. Client shall not receive or be entitled to any further remedy or compensation for any Service outage, delay, or noncompliance beyond that expressly set forth in this Schedule. Any other liability, loss, damage, or cost incurred by the Client as a result of any Service outage is hereby expressly disclaimed and waived by the Client as an express condition for Shift Hosting’s provision of the Service.
• For Services where automated outage notification is provided, the Client must use trouble ticket notifications, as specified in the Service's SOF or MSA. To facilitate such notification, it is the Client's responsibility to ensure that SHIFT HOSTING and Shift Hosting’s NOC have updated contact information for the Client, namely, all telephone and email addresses for all Client notifications regarding disruption of Service. SHIFT HOSTING will have no obligations pertaining to the Service Outage notification if the Client contact information is out of date or inaccurate due to the Client's action or omission.