The Service will be Available 99.5% of the time, measured on a calendar monthly basis (the “Availability Commitment”). “Availability” means that the Service is available for Customer to send and receive API requests. Availability measures will not include downtime resulting from:

• Upgrades: Customer will receive prior notice by email of Defined Networking’s upgrade windows, which will be scheduled between 5pm and midnight Pacific Time to the extent feasible. Downtime due to upgrades will not exceed 2 hours per month.
• Pre-scheduled maintenance periods: Customer will receive at least 24 hours prior notification by email of pre-scheduled maintenance periods. Maintenance shall be scheduled between 5pm and midnight Pacific Time. Downtime due to pre-scheduled maintenance will not exceed 2 hours per month.
• Emergency maintenance periods: Customer will receive prior notification by email on a commercially reasonable efforts basis. These maintenance periods will involve applying critical security patches and other emergency repairs to the Defined Networking infrastructure.

The Availability Commitment does not apply to any downtime of the Services that results from:

• Account suspension or termination due to Customer’s breach of the Agreement;
• Disengagement of functionality of the Services due to Customer’s request;
• Force Majeure Events; or
• Customer’s or its service provider’s (e.g., Slack, Skype, AWS, etc.) equipment, software or other technology.

Defined Networking will provide customers with reports on Availability upon request.

Defined Networking live technical support business hours will start at 9:00 am Eastern Time and run until 5:00 pm Eastern Time on weekdays. Technical support can be contacted via email at support@defined.com or via webform in the Managed Nebula admin website: https://admin.defined.net/support/contact.

Live technical support will not be available on Christmas Day (December 25) and New Year’s Day (January 1). Limited technical support will be available during the hours listed above during Defined Networking holidays. The current Defined Networking holidays are set forth below:

• Martin Luther King Jr. Day (third Monday of January)
• Presidents Day (third Monday of February)
• Memorial Day (last Monday of May)
• Independence Day (July 4)
• Labor Day (first Monday of September)
• Thanksgiving (fourth Thursday and following Friday in November)
• Christmas Eve (December 24) through New Year’s Eve (December 31)