Server Availability Commitment

Server Availability Commitment Scope
Atum Corporation's Service Availability Commitment for a non-redundant Server, which shall mean an Atum Corporation provided standard production server or firewall, is to limit Customer's Server unavailability to less than 200 minutes of unavailability in any week. Atum Corporation's Service Availability Commitment for any Array is to limit Customer's Array unavailability to less than 50 minutes of unavailability in any week. An Array is defined as two (2) or more Servers (including firewalls) which are configured for redundant functionality. Specifically, Arrays shall include two (2) or more Servers using HTTP or HTTPS load balancing, two (2) or more Servers configured as DFO (Dynamic Failover) database servers, and two (2) or more firewalls configured for automatic failover.

Scheduled Maintenance Scope
Scheduled Maintenance shall mean any maintenance at the Atum Corporation server through which Customer’s service is provided (a) in respect of which Customer shall be notified a minimum of 48 hours in advance, and (b) that is performed during a standard maintenance window on weekdays from 3 AM to 7 AM or weekends 12 AM to 6 AM local time of the Atum Corporation server through which Customer’s service is provided. Notice of Scheduled maintenance will be provided to Customer’s designated point of contact by a method elected by Atum Corporation (telephone, email, or fax).

Server Availability Commitment Process
If Customer opens a Trouble Ticket with the Atum Corporation Help Desk or Atum Corporation Customer Support within ten (10) days of Customer's Server(s) unavailability and Atum Corporation determines in its reasonable commercial judgment that the Server or Array was unavailable, that outage will be used to calculate Server or Array unavailability for the remedies provided below. Server or Array shall be deemed unavailable if Atum Corporation's standard hardware, software, operating system or network is functioning in a manner that prevents HTTP, HTTPS, or SQL access, if applicable, to the Server or Array. Unavailability shall not be deemed to occur as a result of maintenance activities; acts or omissions of Customer or its agents; failure of Customer supplied content; failure of any non-standard hardware or software installed by Atum Corporation or Customer; network unavailability outside the Atum Corporation network; or events of Force Majeure (as defined in the applicable Atum Corporation contract). Periods of unavailability during which Customer is in breach of its agreement with Atum Corporation, including, but not limited to, violation of the Policy or payment default, shall not be used to calculate Server or Array unavailability to determine the remedies provided below.

Server Availability Commitment Remedy
If Atum Corporation determines in its reasonable commercial judgment that Customer's Server was unavailable for over 200 minutes in a week or Customer's Array was unavailable for over 50 minutes in a week, Atum Corporation, upon Customer's request, will credit Customer's account the pro-rated charges for one week's charges for the Server or Array hardware, as applicable, and standard software. For the purpose of this Service Availability Commitment Remedy, a week shall mean the period from 12:00:01 AM Monday, Eastern Standard Time until 12:00:00 AM the following Sunday, Eastern Standard Time.

Server Installation Guarantee

Server Install Guarantee Scope
Atum Corporation's Server Install Guarantee is to have installation of Customer's Server(s) completed within 10 business days if Customer's total Server order is for two (2) or fewer Servers and within 15 business days for three (3) to ten (10) Servers. If Customer's total Server order is for over ten (10) Servers Atum Corporation will identify the Installation Guarantee on the applicable Service Order Form.

Server Install Guarantee Process
Atum Corporation's installation commitment shall commence on the day Customer receives an email from Atum Corporation that the contract paperwork and customer information packet have been received and are complete. A Server is deemed to be installed when Atum Corporation is prepared to provide access codes to Customer. The Server Install Guarantee is not available if an installation delay is attributable to non-standard products (as identified in the applicable Service Order Form), acts or omissions of Customer, its employees or agents, Customer not passing Atum Corporation's credit check, or reasons of Force Majeure (as defined in the applicable service agreement).

Server Install Guarantee Remedy
Upon receiving notice from Atum Corporation that Atum Corporation is prepared to provide Customer with the applicable access codes, Customer shall have ten (10) days within which to contact Atum Corporation's billing support if Customer believes Atum Corporation has failed to meet the Server Install Guarantee. If Customer contacts Atum Corporation within such ten (10) day period and if Atum Corporation determines in its reasonable commercial judgment that Atum Corporation has failed to meet this Server Install Guarantee, Customer's account shall be credited: (1) 10% of Atum Corporation's Install Fee per Server(s) for each day that Atum Corporation fails to install the Server beyond the guarantee period when the total order is for two or fewer Server(s); (2) 6 ½ % of Atum Corporation's Install Fee per Server(s) for each day that Atum Corporation fails to install the Server(s) beyond the guarantee period when the total order is between three(3) and ten (10) Servers; and, (3) 5% of Atum Corporation's Install Fee per Server(s) for each day that Atum Corporation fails to install the Server(s) beyond the guarantee period set forth in the applicable Service Order Form when the total order is over ten (10) Servers. In no instance shall the credit under this Server Install Guarantee exceed 100% of the Install Fee.

North American Network Latency Guarantee Scope: Atum Corporation's North American Network Latency Guarantee is average round-trip transmissions of 65 milliseconds or less between ATUM-designated inter-regional transit backbone network routers (“Hub Routers”) in North America.

European Network Latency Guarantee Scope: Atum’s European Network Latency Guarantee is average round-trip transmissions of 65 milliseconds or less between ATUM Corporations routers in North America and MCI’s designated Hub Routers within Europe.

Transatlantic Network Latency Guarantee Scope: Atum's Transatlantic Network Latency Guarantee is average round-trip transmissions of 120 milliseconds or less between an Atum-designated Hub Router in the New York metropolitan area and an MCI’s designated Hub Router in the London metropolitan area.

Network Latency Guarantee Process: Latency shall be measured by averaging sample measurements taken during a calendar month between Hub Routers. Each month’s Network performance statistics relating to the Network Latency Guarantees shall be posted at http://www.atum.com. No credits will be made if failure to meet a Network Latency Guarantee is attributable to reasons of Force Majeure (as defined in the applicable service agreement).

Network Latency Guarantee Remedy: If Atum Corporation fails to meet any Network Latency Guarantee in a calendar month, Customer’s account shall be automatically credited for that month and any subsequent month in which that Network Latency Guarantee is not met for the pro-rated charges for one day of the Atum Corporation Monthly Fee for the service with respect to which a Latency Guarantee has not been met.

Network Packet Delivery Guarantee

North American Network Packet Delivery Guarantee Scope: Atum’s North American Network Packet Delivery Guarantee is an average of 99% packet delivery or more between Atum-designated inter-regional transit backbone network routers (“Hub Routers”) in North America.

European Network Packet Delivery Guarantee Scope: Atum's European Network Packet Delivery Guarantee is an average of 99% packet delivery or more between Atum-designated Hub Router in North America and MCI’s Hub Routers within Europe.

Transatlantic Network Packet Delivery Guarantee Scope: Atum Corporation's Transatlantic Network Packet Delivery Guarantee is an avenge of 99% packet delivery or more between an Atum-designated Hub Router in the New York metropolitan area and an MCI-designated Hub Router in the London metropolitan area.

Network Packet Delivery Guarantee­ Process: Packet Loss shall be measured by averaging sample measurements taken during a calendar month between Hub Routers. Each month’s Network performance statistics relating to the Network Packet Loss Guarantees shall be posted at http://www.atum.com. No credits will be made if failure to meet a Network Packet Delivery Guarantee is attributable to reasons of Force Majeure (as defined in the applicable service agreement).

Network Packet Delivery Guarantee Remedy: If Atum Corporation fails to meet any Network Packet Delivery Guarantee in a calendar month, Customer’s account shall be automatically credited for that month and any subsequent month in which that Network Packet Delivery Guarantee is not met for the pro-rated charges for one day of the Atum Corporation Monthly Fee for the service with respect to which a Network Packet Delivery Guarantee has not been met.