Application Availability

Cloud9 targets 99.99% availability of its Service (excluding scheduled maintenance and planned downtime, and excluding downtime caused by errors or failures in equipment, the Internet and other networks not within Cloud9’s control), calculated on a monthly basis (the “Availability Standard”). In the event monthly Service availability falls below the Availability Standard, Customer within 30 days of the end of the applicable month may request a credit equal to 1% of the month’s Fee for the affected Service for each 1% by which availability falls short of the Availability Standard, up to the monthly Price.

Error Response Times

When Cloud9 initially detects a problem or Customer reports an incident, Cloud9 assigns a priority level according to severity of the issue. Depending on the severity level, Cloud9 will address the error or defect, in the manner set forth below. The time periods set forth below commence on Cloud9’s receipt of the report or, if the report arrives outside of Cloud9’s normal business hours (8 am to 5 pm Eastern Time, Monday through Friday, excluding NYSE holidays), at 8 a.m. ET on the next business day.

Severity 1

• Business critical failures
• Major system or component failure with critical impact on Customer’s ability to conduct business using the Service
• No work-around available.

During regular support hours, Cloud9 shall acknowledge error reports to Customer in writing within two (2) business hours.

Severity 2

• Errors with workaround
• Major system or component failures, but for which a workaround exists.
• Minor system or component failure with minor impact on Customer’s ability to access or operate the Service.

During regular support hours, Cloud9 shall acknowledge error reports to Customer in writing within four (4) business hours.

Severity 3

• Non-material error
• Errors that have a minor impact on Service performance or other errors not classified as Severity 1 or 2

During regular support hours, Cloud9 shall acknowledge error reports to Customer in writing within one (1) business day.

Maintenance and Planned Downtime

Cloud9 will make commercially reasonable efforts to notify Customer at least one (1) week in advance of upgrades, maintenance and other planned activities that may result in an interruption in Service.
Cloud9 generally schedules Service interruptions on the weekends or between 12:00 midnight and 6:00 am Eastern Time.