Availability Objective

Clarion will provide 99.5% Availability (as defined below) for the Clarion Platform within Clarion’s Immediate Control (as defined below). For purposes hereof, “Availability” or “Available” means the Clarion Platform is available for access and use through an Internet connection.

“Immediate Control” includes Clarion’s network services within the Clarion data center which extends to, includes and terminates at the internet service provider circuit termination point on the router in Clarion’s data center (i.e., public Internet connectivity). 

Specifically excluded from the definition of “Immediate Control” are the following: 

• equipment, data, materials, software, hardware, services and/or facilities provided by or on behalf of Customer and Customer’s network services which allow Customer to access the Clarion Platform. These components are controlled by Customer and their performance or failure to perform can impair or disrupt Customer’s connections to the Internet and the transmission of data;
• equipment, data, advertisements, materials, software, hardware, services and/or facilities provided by third-party vendors or service providers of Customer;
• acts or omissions of Customer, its employees, contractors, agents, representatives, third-party vendors or service providers or anyone gaining access to Clarion’s network at the request of Customer;
• issues arising from bugs or other problems in the software, firmware or hardware of third parties; 
• delays or failures due to circumstances beyond Clarion’s reasonable control that could not be avoided by its exercise of due care; and 
• any outage, network unavailability or downtime outside the Clarion data center, including those involving Clarion’s third-party hosting and service providers.

Availability Calculation: Availability is based on a weekly 7 day x 24 hour calculation. The calculation will be as follows: ((a – b) / a) x 100 , where “a” is the total number of hours in a given calendar month, and “b” is the total number of hours that service is not Available in a given month. Specifically excluded from “b” in the calculation of the Availability measurement are (1) a service interruption caused by a security threat until such time as the security threat has been eliminated; (2) reasons of a force majeure event or events which are outside Clarion’s Immediate Control; (3) use of unapproved or modified hardware or software by or on behalf of Customer; (4) issues arising from misuse of the Clarion Platform by Customer or its agents, clients, or third-party contractors; and/or (5) service interruption caused by Scheduled Maintenance as described below.

Scheduled Maintenance: Clarion will provide Customer with at least forty-eight (48) hours advance notice, unless otherwise agreed by Customer, via email of all scheduled maintenance activities. Unless otherwise agreed by Customer in advance, Clarion will perform scheduled maintenance within a maintenance window from Monday through Thursday between the hours of 1:00 a.m. PDT to 5:00 a.m. PDT.

Monitoring and Reporting. Clarion will monitor the status and availability of all components associated with the Clarion Platform, exercising reasonable care in accordance with industry standards for hosting, and institute prompt corrective actions for all Clarion Platform-impacting issues encountered during the delivery of the Clarion Platform. 

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SUPPORT AND PROBLEM MANAGEMENT 

Customer Support: Customer support for the Clarion Platform can be reached through Customer’s relationship manager (or another contact as may be designated from time to time) and is available from 9:00 a.m. PDT to 5:00 p.m. PDT Monday–Friday, excluding federal holidays, for all support requests, and twenty-four (24) hours, seven (7) days per week for Critical Priority requests. Clarion has structured a response plan to address such requests in an efficient and timely manner, addressing the most critical issues first. Cases will be opened upon receipt of request or identification of issue, and incidents will be routed and addressed according to the following table:

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