Service Level Agreement

ONGOING OPERATIONS, LLC SERVICE LEVEL AGREEMENT (December 2011)

This Service Level Agreement (“SLA”) is incorporated into and forms a part of the Master Services Agreement (“Agreement”) between Ongoing Operations, LLC (“OGO”) and Customer. In the event of any conflict between the terms of this SLA and the Agreement, the terms of this SLA shall supersede and prevail.

1. Service Levels

The service levels in this SLA shall be measured independently for each Service on a monthly basis.

(a) Power – if Customer’s Order includes collocation, the power availability to the Customer’s collocated equipment shall be 100%.

(b) Virtual Servers – OGO’s virtual server infrastructure will be available 99.99% of each calendar month, meaning 99.99% of the total available time in a given month, measured in minutes. Virtual servers shall be considered available so long as the memory, CPU reservations, networking, disk space, operating system and web server service (IIS) are functioning. “Downtime”, for purposes of measuring service levels related to the availability of the virtual servers, shall mean any time that any of the memory, CPU reservations, networking, disk space, operating system or web server service (IIS) is not functioning. OGO shall be responsible for maintaining the operating system(s) (with the exception of any operating system(s) applicable to the unmanaged server identified as such in the Initial Order), and such operating system(s) shall be subject to the same availability standards and associated remedies that apply with respect to the virtual servers as set forth in this SLA.

The current operating system deployed for new solutions is version – Windows Server 2008 R2

The current database software deployed for new solutions is – SQL Server 2008 R2

(c) Physical Servers – OGO’s physical server infrastructure will be available 99.99% of each calendar month, meaning 99.99% of the total available time in a given month, measured in minutes. Physical servers shall be considered available so long as the memory, CPU reservations, networking, disk space, operating system and web server service (IIS) are functioning. “Downtime”, for purposes of measuring service levels related to the availability of the physical servers, shall mean any time that any of the memory, CPU reservations, networking, disk space, operating system or web server service (IIS) is not functioning. OGO shall be responsible for maintaining the operating system(s) (with the exception of any operating system(s) applicable to an unmanaged server identified as such in the Initial Order), and such operating system(s) shall be subject to the same availability standards and associated remedies that apply with respect to the physical servers as set forth in this SLA.

(d) Network – Customer shall be able to transmit and receive information from the OGO network to other portions of the Internet without Downtime (as defined herein) 99.99% of each calendar month, meaning 99.99% of the total available time in a given month, measured in minutes. “Downtime”, for purposes of measuring service levels related to the availability of the network, means any time that (i) Customer is experiencing sustained packet loss in excess of fifty percent (50%) based on OGO’s measurements, or (ii) Customer is experiencing transmission latency in excess of 120 milliseconds round-trip time based on OGO’s measurements between any two routers within the continental United States portion of the network. OGO does not proactively monitor the packet loss or transmission latency of specific customers. OGO does, however, proactively monitor the aggregate packet loss and transmission latency within its LAN and WAN. After discovering or being notified by Customer of packet loss in excess of one percent (1%) (“Excess Packet Loss”) or transmission latency in excess of 120 milliseconds round-trip time based on OGO’s measurements (“Latency”) between any two routers within the continental United States portion of the network, OGO will use commercially reasonable efforts to determine the source of such Excess Packet Loss or Latency and to correct such Excess Packet Loss or Latency to the extent that the source of the Excess Packet Loss or Latency is due to the performance of the OGO network.

2. Remedies

Subject to the SLA Exclusions (as defined below), if OGO fails to achieve any of the service levels described in Section 1 above, as measured separately for each separate Service, Customer’s remedies shall be as follows:

(a) Power – If Customer’s Order includes collocation, then in the event of an unscheduled power outage caused by OGO, OGO will credit Customer’s account on a monthly basis as follows for any time that the power is out (calculated based on the ratio of the total minutes of power outage in the month to the total available minutes in the month, not including minutes deemed unavailable pursuant to the SLA Exclusions (defined below)):

(i) If the power is out for ≤ .01% of the total available minutes in the month, then Customer will receive no credit with respect to that calendar month’s invoice.

(ii) If the power is out for > .01% and ≤ 1.0% of the total available minutes in the month, then Customer will receive a 1.0% credit of that calendar month’s invoice.

(iii) If the power is out for > .1.0% and ≤ 2.0% of the total available minutes in the month, then Customer will receive a 3.0% credit of that calendar month’s invoice.

(iv) If the power is out for > .2.0% of the total available minutes in the month, then Customer will receive a 5.0% credit of that calendar month’s invoice.

(b) Virtual Servers and Associated Operating Systems – If Customer experiences more than .01% Downtime within a given calendar month, then OGO will credit Customer’s account as follows for such Downtime (calculated based on the ratio of the total minutes of Downtime in the month to the total available minutes in the month, not including minutes deemed unavailable pursuant to the SLA Exclusions (defined below)):

(i) If the monthly Downtime is ≤ .01%, then Customer will receive no credit with respect to that calendar month’s invoice.

(ii) If the monthly Downtime is > .01% and ≤ 1.0%, then Customer will receive a 1.0% credit of that calendar month’s invoice.

(iii) If the monthly Downtime is > .1.0% and ≤ 2.0%, then Customer will receive a 3.0% credit of that calendar month’s invoice.

(iv) If the monthly Downtime is > .2.0%, then Customer will receive a 5.0% credit of that calendar month’s invoice.

(c) Physical Servers and Associated Operating Systems – If Customer experiences more than .01% Downtime within a given calendar month, then OGO will credit Customer’s account as follows for such Downtime (calculated based on the ratio of the total minutes of Downtime in the month to the total available minutes in the month, not including minutes deemed unavailable pursuant to the SLA Exclusions (defined below)):

(i) If the monthly Downtime is ≤ .01%, then Customer will receive no credit with respect to that calendar month’s invoice.

(ii) If the monthly Downtime is > .01% and ≤ 1.0%, then Customer will receive a 1.0% credit of that calendar month’s invoice.

(iii) If the monthly Downtime is > .1.0% and ≤ 2.0%, then Customer will receive a 3.0% credit of that calendar month’s invoice.

(iv) If the monthly Downtime is > .2.0%, then Customer will receive a 5.0% credit of that calendar month’s invoice.

(d) Network – If Customer experiences more than .01% Downtime within a given calendar month, then OGO will credit Customer’s account as follows for such Downtime (calculated based on the ratio of the total minutes of Downtime in the month to the total available minutes in the month, not including minutes deemed unavailable pursuant to the SLA Exclusions (defined below)):

(i) If the monthly Downtime is ≤ .01%, then Customer will receive no credit with respect to that calendar month’s invoice.

(ii) If the monthly Downtime is > .01% and ≤ 1.0%, then Customer will receive a 1.0% credit of that calendar month’s invoice.

(iii) If the monthly Downtime is > .1.0% and ≤ 2.0%, then Customer will receive a 3.0% credit of that calendar month’s invoice.

(iv) If the monthly Downtime is > .2.0%, then Customer will receive a 5.0% credit of that calendar month’s invoice.

3. SLA Exclusions

The service levels in this SLA shall not apply to any unavailability, suspension or termination of OGO’s Services that result from: (i) OGO’s suspension or termination of the Services pursuant to Section 3 of the Agreement; (ii) factors outside of OGO’s reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of OGO; (iii) any errors, omissions, delays or failures caused by Customer or any third party outside of OGO’s reasonable control; (iv) Customer’s equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within OGO’s direct control); (v) failures of individual instances not attributable to OGO systems unavailability, such as failures of access from Customer sites where Customer site is having a local issue, carrier or connectivity issues occurring at the Customer’s site; or (vi) Downtime from scheduled maintenance actually completed, which Downtime shall generally not exceed six (6) hours of actual Downtime per month, and shall occur not more frequently than once weekly during one of the following time windows: Saturday from 12 AM to 6AM or Sunday from 12AM to 6AM Eastern Time (collectively, the “SLA Exclusions”).

OGO’s virtual cloud network is intended for use by Customer as a platform that can be used to operate its computer applications. Even when OGO is meeting all obligations and systems are online, the uptime of the applications is subject to a variety of factors which are managed by customers and outside OGO’s control. Accordingly, OGO does not provide an SLA for applications such as the uptime of databases, web servers (other than the servers being provided by OGO pursuant to the Agreement and which are covered by this SLA), email systems, file sharing or other applications and common uses of the system that are outside of OGO’s control.

4. Limitations

If Customer is entitled to multiple credits under this SLA, such credits shall not exceed an aggregate maximum credit of fees otherwise due from Customer for one (1) calendar month for failures in any one (1) calendar month. This SLA and Section 4(a) of the Agreement state Customer’s sole and exclusive remedies for any failure by OGO to achieve the service levels described herein, including but not limited to any outages or network congestion. Neither OGO’s suspension nor modification of Service in accordance with the terms of this SLA, scheduled maintenance (within the parameters of Section 3(vi) of this SLA), Customer error, Customer equipment malfunction, insufficient bandwidth purchased by Customer to support collocated Service applications, nor denial of service attacks on the network or Customer equipment shall be deemed to be a failure of OGO to provide the service levels set forth in this SLA.