Hosted Infra SLA

As part of the Panamax Hosting Terms of Services Agreement that governs Customer's purchase of
services from Panamax, Panamax will meet the service level agreements set forth below.

100% Network Uptime Standard

Panamax intends to provide 100% availability of the Panamax Network. The Panamax Network is
comprised of the border routers, firewalls, load balancers, and switches. For purposes of this SLA,
the uptime does not include the dedicated Customer systems or Operating System layer. The
Panamax Network will be deemed 'available' if the networking components are available and
responding to Panamax monitoring tools as designed and in a non-degraded manner (as
evidenced in the Panamax monitoring tool).
Network availability is defined as Company network’s ability to pass incoming and outgoing
TCP/IP traffic. Servers unavailability caused by network unavailability is not included in server
uptime if such network unavailability is caused by factors beyond the Company’s control.
Interruptions of service due to problems on the backbone or on the customer’s desktop or
network are beyond the Company’s control. Interruptions of service caused by denial of service
or similar attacks are beyond the Company’s control and are not included in downtime
calculations.

99.999% Server Uptime

For Cloud Servers deployed in Panamax COLO, Panamax intends to provide 99.999% availability
of individual servers within the Panamax environment. For purposes of this SLA, only failures due
to hardware and hypervisor layers delivering individual servers are covered. The individual server
will be deemed 'available' if the virtualization hardware and hypervisor layers delivering
individual servers are available and responding to Panamax monitoring tools as designed and in
a non-degraded manner (as evidenced in the Panamax monitoring tool).
Company’s servers are monitored 24 hours a day, 7 days a week, 365 days per year and support
agents are available by phone or email as posted in the support section of Company site.
Company is fully committed to providing quality service to all customers. To support this
commitment, Company sets a 99.999% uptime benchmark

30 Minute Support Response Time

The Panamax Support personnel intends to review and acknowledge any Case submitted via the
Panamax Community within 30 minutes for EMERGENCY Cases and within 120 minutes for all
other cases. EMERGENCY Cases are considered any Case where a server is down and unavailable.
Panamax may reclassify, at its sole discretion, any Case misclassified as an Emergency Case, and
such Case will not qualify for EMERGENCY treatment. Resolution and repair times vary, and
therefore not covered under this SLA.

<1 ms Latency
Panamax intends to provide a latency of less than 1 ms for the transfer of data packets from one
server to another within the Panamax environment and within the same network (VLAN). Latency
measurements are based on Panamax standard monitoring systems. Latency between separate
networks (VLAN's) are not covered under this SLA.

Application Uptime Standard

If Customer has purchased the full Application Operation product from Panamax, then Panamax
intends to provide availability of Customer's application delivered in the Panamax environment,
provided that Customer agrees to meet the following Customer Obligations and as per SLA
Defined in “L2 Technical Support SLA Document”:

 Allow Panamax full access to the Customer's Cloud service and to deploy the application
in Panamax's infrastructure with Panamax System Monitoring and Panamax provided
application support;
 Customer's system is fully redundant at all tiers and is configured for failover operation;
 Allow Panamax to audit Panamax managed components and complete redundancy steps
stipulated by Panamax under a mutually agreed upon timeline;
 Possess no users or third party accounts that grant administrative or 'root' access to
devices within the Panamax systems;
 Off-premise systems are functioning properly and acceptable industry standards for
network latency levels to off-premise systems on which the hosted application is
dependent is met;
 Customer must provide licensed copies of any enabling software operating above the
Operating System (OS) level on any system in the architecture;
 Customer must maintain 24X7 support agreements with that software vendor or industry
recognized third party software support product;

Company guarantees 99% monthly average scheduled availability of its Application Servers. To
verify that the servers are available Company will ping HTTP web service on the server by
retrieving HTTP headers every 5 minutes with a 30-second threshold. If HTTP service does not
respond, the server is considered non-operational and services are restarted. If after the services
are restarted and the HTTP web service does not respond correctly the server will be booted.
After the server is restarted and the HTTP web service does not responded correctly, and if
rebooting the server does not solve the problem, the server is removed from the load balancer
and is escalated to the next level of support. Downtime of less than 5 minutes in duration is not
recorded. Company calculates server uptime based on this type of server monitoring
99.95% Network Uptime Standard, Server Uptime, and Application Uptime Standard

Panamax intends to provide 99.95% availability of the Panamax Network and individual servers
within the Panamax environment. Similarly, the Application Uptime Standard for the full
Application Operation product is also 99.95%.

Service Credit Calculation

In the event of a failure to meet the Network Uptime Standard, Server Uptime, or Application
Uptime Standard (if applicable), the duration of such failure period will be considered downtime.
In the event of failure to meet the Support Response Time, the duration of time beyond the
allotted response time shall be considered response delay. In the event of failure to meet the
Latency, the duration of time with latency equal to or exceeding 1 ms shall be considered latency
degradation.

Monthly Monthly Monthly Monthly Service

Cumulative Cumulative Cumulative Cumulative Credits
Response Delay Latency Downtime Application (% of
(listed in Degradation (listed in Downtime monthly
minutes) (listed in minutes) minutes) (listed in minutes) fee)

0 - 30 0 - 60 0 - 60 0 - 60 5%
31 - 120 61 - 120 61 - 120 61 - 120 10%
121 - 180 121 - 180 121 - 180 121 - 180 15%
181 - 240 181 - 240 181 - 240 181 - 240 20%
241 - 300 241 - 300 241 - 300 241 - 300 30%
301 - 360 301 - 360 301 - 360 301 - 360 40%
361 - 420 361 - 420 361 - 420 361 - 420 50%

If the Customer is on a service plan in the month of the outage, the Service Credit percentage will
apply to the Cloud service plan's monthly fee for the geographic region in which the downtime
occurred, and will not include any overages. If the Customer is on a Cloud pay as you go plan and
actively using the system during the downtime, the Service Credit percentage will apply to the
previous month's invoiced amount for usage in the geographic region in which the downtime
occurred. At no time will the Service Credit percentage exceed the Cloud product monthly fee.
Panamax will issue the Customer a credit which will be applied to the invoice in the month
following the applicable event. Service Credits must be requested in writing
to <EmailID>@Panamaxil.com, within 30 days of the qualifying event. Service credits are
accumulated monthly with all SLA metrics being reset at the beginning of each calendar month.
Panamax monitoring/ticketing systems shall be the information source of record for the
accumulation of Monthly Cumulative.

Ownership of Data
All data created and/or stored by client and/or users within the Company’s applications and
servers are client property and is for the exclusive use of designated users. Company shall allow
access to such data by authorized Company personnel and shall provide access in compliance
with Company’s Privacy Policy. Company makes no claim of ownership of data contained within
the account holder’s server space on Company’s servers.
Data Integrity
Company employs sophisticated redundant techniques to ensure the integrity of the data on its
servers; the data is written to prevent data loss in the event of hardware failure. Backups are
performed on a daily basis and kept 90 days rolling. Private virtual server clients have the option
to upgrade backups to be performed more frequently and/or on longer data retention schedules.
In the event of data corruption, hardware failure or other data loss, Company will make an effort
to restore lost or corrupted data from server backups. Company recommends that Customer
maintain a local copy of all data uploaded or stored on Company servers. In the event, that the
Customers request a copy of data in media format there will be a nominal charge for this request.

Data Retention
Company shall archive Customers data after account is terminated from its production servers,
and move data for a period of 90 days to backup servers. In the event, that the Customer requests
a copy of data in media format there will be a nominal charge for this request. Company does
not delete data before this term, if Client desires such process; written notice must be submitted
to Company.

Definitions

 Scheduled Maintenance Window: Unless categorized as an emergency maintenance

window, Panamax follows a weekly maintenance schedule to be announced by Panamax
Operations.
 Scheduled Downtime: Scheduled time to perform routine, non-emergency or emergency
maintenance on Hardware, Software or related equipment.
 Downtime: Time that the system is not available which is not Scheduled Downtime or
Scheduled Maintenance Window.
 The maintenance typically is performed during off-peak hours. Company provides client
with advance notice of maintenance whenever possible via e-mail
 Latency: Amount of time it takes for a packet of data to travel from one point to another.
SLA Exemptions

The following items or situations are exempt from Panamax's availability:

 Unavailability of Customer's Cloud System during scheduled maintenance window,

emergency maintenance or any other agreed-to scheduled downtime activity.
 In the event of downtime which qualifies for Monthly Cumulative Downtime credits, a
customer will not be eligible for any service credits associated with Latency Degradation
during such downtime.
 Downtime that resulted from modifications or changes of the operating system,
database, application code or other customer code, not provided by Panamax.
 Attacks (i.e. hacks, denial of service attacks, viruses) by third parties, and other acts not
caused by Panamax, provided that Panamax makes every reasonable effort to maintain
current versions of software patches.
 Events of force majeure, including acts of war, god, earthquake, flood, embargo, riot,
sabotage, labor dispute (outside of Panamax's own employees), government act, or
failure of the Internet.
 If Panamax is providing Application Operations to Customer:
o If a Customer is using the Microsoft BizSpark products, Panamax will support such
product to the best of its ability, but per the program specifications, Microsoft will
not support the product, so failure of such product will not be eligible for the SLA.
o Unavailability of Customer System caused by failures of third party systems or
services that are not under Panamax's control.

Customer must be current on all outstanding invoices (as defined in the Terms of Service) to be
eligible for the credits referenced in this SLA. No credits will be extended if Customer is
delinquent in its payment of outstanding invoices.