Hosted Endpoint Protector Service Level Agreement

During the term of the applicable Hosted Endpoint Protector Service Agreement, the Hosted Product covered web interface will be operational and available to customer at least 99.5%, or any lower AWS Instance-Level Uptime Percentage, of the time in any calendar month (the "Hosted Product SLA"). If CoSoSys does not meet the Hosted Product SLA, and if Customer meets its obligations under the Hosted Endpoint Protector Service Agreement, Customer will be eligible to receive the Hosted Product Credits described below. This Hosted Product SLA states Customer's sole and exclusive remedy for any failure by CoSoSys to provide the Hosted Product.

Definitions. The following definitions shall apply to the Hosted Product SLA:

1. “AWS Instance-Level Uptime Percentage” means the Amazon Web Services service level agreement as defined, published and available on Amazon’s website.
2. "Downtime" means, for a domain, if there is more than a five percent user error rate. Downtime is measured based on server side error rate.
3. "Downtime Period" means, for a domain, a period of ten consecutive minutes of Downtime. Intermittent Downtime for a period of less than ten minutes will not be counted towards any Downtime Periods.
4. "Hosted Product Covered Services" means the Reporting and Administration Tool component of the Hosted Product and the Mobile Device Management component of the Hosted Product. It does not include the Google Cloud Messaging ("GCM") and Apple Push Notification Hosted Products ("APNS") used in the Hosted Product Mobile Device Management Component.
5. "Monthly Uptime Percentage" means total number of minutes in a calendar month minus the number of minutes of Downtime suffered from all Downtime Periods in a calendar month, divided by the total number of minutes in a calendar month.
6. “Scheduled Downtime" means those times where CoSoSys notifies Customer of periods of Downtime at least five days prior to the commencement of such Downtime.  There will be no more than twelve hours of Scheduled Downtime per calendar year. Scheduled Downtime is not considered Downtime for purposes of this Hosted Product SLA, and will not be counted towards any Downtime Periods.
7. "Hosted Product" means the Hosted Product provided by CoSoSys to Customer under the applicable Hosted Endpoint Protector Service Agreement.
8. "Hosted Product Credit" means the following:
   Monthly Uptime Percentage / Days of Hosted Product added to the end of the Hosted Product term (or monetary credit equal to the value of days of Hosted Product for monthly prepay or postpay billing customers), at no charge to Customer: 
   < 99.5% - ≥ 99.0%    4 days
   < 99.0% - ≥ 95.0%    8 days
   < 95.0% 15 days

Customer acknowledges that the above percentages are set on a back-to-back basis on the AWS Instance-Level Uptime Percentage, consequently we reserve the right to adjust the Monthly Uptime Percentage accordingly, as the case may be.

Customer Must Request the Hosted Product Credit. In order to receive any of the Hosted Product Credits described above, Customer must notify CoSoSys within thirty (30) days from the time Customer becomes eligible to receive a Hosted Product Credit. Failure to comply with this requirement will forfeit Customer’s right to receive a Hosted Product Credit.

Maximum Hosted Product Credit. The aggregate maximum number of Hosted Product Credits to be issued by CoSoSys to Customer for any and all Downtime Periods that occur in a single calendar month shall not exceed fifteen days of Hosted Product added to the end of Customer’s term for the Hosted Product. Hosted Product Credits may not be exchanged for, or converted to, monetary amounts.

Hosted Product SLA Exclusions. The Hosted Product SLA does not apply to any Hosted Products that expressly exclude this Hosted Product SLA (as stated in the documentation for such Hosted Products) or any performance issues: (i) caused by factors outside of CoSoSys’ reasonable control; or (ii) that resulted from Customer’s equipment or third party equipment, or both (not within the primary control of CoSoSys).