TekCare Secure Service Agreement

Transcription

1 Severity This ( Service Agreement ) is incorporated into the Quote executed by TekLinks and Customer for TekCare Secure Services and sets forth the specific terms and conditions under which TekLinks shall supply the TekCare Secure Services described herein to Customer. The general terms applicable to such Services are contained in the Master Services Agreement ( MSA ) incorporated into the Quote by reference. Capitalized terms used but not defined herein shall have the meanings set forth in the MSA. 1.0 Terminology Administrative Access: Access given to individuals or systems to perform system administrator functions that is a level above the access given to a User. In a traditional Microsoft Windows environment, members of the local administrators, domain administrators and enterprise administrators groups have Administrative Access. In a traditional UNIX or Linux environment, Users with root level access or Administrative Access. In an application environment, Users with Super-User or system administrator roles and responsibilities have Administrative Access. Customer Premises: The physical address for which Customer has requested TekLinks Services, as identified in the Quote. Customer Premises Equipment: Equipment that TekLinks has deployed at Customer Premises to enable Services. Data Center: The physical space within the TekLinks facility that houses the Back-End Infrastructure used to provide Services. Device: Customer servers, routers, switches, firewall, VPN or other legacy device owned or provided by Customer and under management by TekLinks. Legacy devices no longer eligible for Service include PBX systems and MARS security monitoring devices. Equipment: Servers, desktop computers, routers, switches and other equipment deployed to provide or enable a Service. Equipment may be owned or leased by TekLinks or Customer. Field Engineer: An engineer capable of providing Hands-On Field Support for Incidents. Firewall: The Customer firewall through which Services are received. Front-End Infrastructure: Front-end, User-side servers, desktop computers, routers, switches, other Equipment, application software and operating software deployed to allow Users to access the Service. Hands-On Field Support: Support provided by a Field Engineer on site at Customer s location in response to a request for support that cannot be handled by Remote Support. Impact: The effect an Incident is having on the Customer Organization. Impact, for the purpose of TekLinks support, is measured in three levels: Low More of an irritation than a stoppage; Medium Business is degraded, but there is a reasonable workaround; High Major business processes are stopped. Incident: A problem or outage adversely affecting the Service or Customer s or its Users ability to access and use the Service. Incident Priority: The priority assigned to a support request for an Incident. TekLinks is the sole party responsible for assigning the Incident Priority for Customer support requests. Incident Priorities are assigned based on the Impact and Severity rating derived directly from Customer input. The following Incident Priorities correspond to the following response levels: 1 Emergency Response; 2 - Urgent Response; and 3 - Normal Response, as the same are more fully described in Section 10.4 hereof. Impact HIGH MEDIUM LOW HIGH MEDIUM LOW Managed: Hosted Exchange Services for which TekLinks maintains administrative control over the Front- End Infrastructure and Customer has non-administrative, User-level access. TekLinks is responsible for applying TekLinks Public Version: 12/31/2013 Page 1 of 12

2 any and all patches, firmware updates, and "fixes" as deemed necessary. Managed Service includes monitoring, maintaining event logs, up-to-date antivirus and infrastructure-level system backups for the purpose of Service availability and disaster recovery of the Back- End Infrastructure and the Front-End Infrastructure only. This does not include User-data or applicationdata backups. Maintenance is coordinated with Customer via a scheduled monthly Maintenance Window (as defined in Section 6.5 hereof). Managed Change: A change to Device configuration performed by TekLinks. Monitored: Hosted Exchange Services for which TekLinks monitors the Service and/or Customer s Front- End Infrastructure based on alert thresholds dictated by Customer. Customer is responsible for providing a list of what is to be monitored and a list of individuals to whom alerts should be delivered. TekLinks communicates results to Customer s designated contacts on a scheduled basis. TekLinks does not take action on alerts generated by monitoring. Non-Administrative Access: Access given to individuals or systems not authorized to perform system administrator functions. Access control permissions are granted based on an individual s specific job functions and responsibilities and limited to only what is required to perform the job. Non-Administrative Access is the same as User-level access. Organization: A set of Users of Service defined by Customer. An Organization typically includes every employee of an individual company obtaining Service. Operating System: The base software running on Customer Device. Remote Support: Support Services that are provided remotely via the Help Desk, telephone or support (as opposed to on-site at Customer s location). DR Resources: Disaster recovery Equipment and software resources allocated to Customer under a TekCloud Service Agreement. Service: The TekLinks TekCare Secure Services described herein. Service Components: The components necessary for TekLinks to deliver a Service, including without limitation, any part of the Back-End Infrastructure or, if Managed by TekLinks, the Front-End Infrastructure, electrical power, cooling capacity, rack space, and due to a failure of a system, Device, operating system, or Service which is Managed or under the direct control of TekLinks. This does not apply to planned system downtime or scheduled Maintenance Windows. Severity: The level, degree or scope of Impact an incident is having on the Customer Organization. Severity, for the purpose of TekLinks support, is measured in three levels: Low One User or small group of Users is affected; Medium Department or large group of Users is affected; High Entire Organization is affected. User: An individual authorized by Customer to utilize the Service. VPN: The Customer Virtual Private Network receiving Service. 2.0 Service Description 2.1 General TekCare Secure Service is a suite of add-on options and support Services that are offered to assist Customer with Monitoring, intrusion detection, active protection, vulnerability assessment, and incident Management of security events on its network. 2.2 Levels and Offerings TekCare Secure Active Watch TekCare Secure Active Watch Service provides 24x7 Managed Monitoring and proactive support of Threat Manager by a security analyst. The Service includes identification, verification, and recommendation for remediation action on alerts received from a TekCare Secure Service Active Watch Appliance TekCare Secure Active Watch Appliance TekCare Secure Active Watch Appliance is required to provide TekCare Secure Active Watch Service TekCare Secure Log Manager TekCare Secure Log Manager Service is a cloud-based solution that provides collection, aggregation, reporting, and alerting log sources and includes up to 1 year of storage TekCare Secure Log Review TekCare Secure Log Review Service provides 24x7 Managed daily log review by a security analyst. The Service includes identification, verification, and Service Outage: A condition in which a User is completely deprived of a Service (or multiple Services) recommendation for remediation action on incident TekLinks Public Version: 12/31/2013 Page 2 of 12

3 trends found from a TekCare Secure Log Manager solution. The Service also includes integrated review and case management capabilities that allow Customer to track and report on incident trends across Customer s entire enterprise, extending into the Services hosted outside of the Customer Premises. Built-in workflow and case management tools provide an auditable trail of any suspicious findings and give a historical perspective of Customer s entire security and compliance operations TekCare Secure Threat Manager TekCare Secure Threat Manager Service is a cloudbased intrusion-detection, vulnerability scanning, and alerting solution. The Service is able to protect Customer network against both internal and external threats, no matter how fragmented the architecture TekCare Secure Setup TekCare Secure Setup Service includes setup and configuration, shipping, and onboarding for the number of needed devices. 2.3 Availability Dependencies Service availability may be restricted to a certain geographic footprint. TekLinks shall be the sole party responsible for determination of availability. Past availability of Service shall not be considered grounds for future availability of Service. TekLinks reserves the right to limit Service availability in the event that necessary Service Components are either unavailable or unattainable at a reasonable cost to TekLinks. 3.0 Service Features 3.1 Common Features Customer is responsible for configuring Log Sources, Collection Policies, Log Correlation Policies, Saved Views/Reports, Blocking Policies, Scans, Manually Generated Incidents, Alerts and Cases in the Services User Interface. Customer will install and configure Equipment for the purpose of enabling the Services including but not limited to appliances, network taps, Firewalls, routers, switches, and Operating Systems. Customer is also responsible for configuring settings found in the Services User Interface. Customer acknowledges and agrees that Customer is solely responsible for the tasks and responsibilities set forth herein regardless of the actual or perceived assistance or recommendations provided by TekLinks. Customer and TekLinks may agree separately in writing with respect to the provision of Monitoring or professional services related to Customer's responsibilities set forth herein; provided, however, that if such Monitoring or professional services are provided by an Affiliate of TekLinks, and not TekLinks directly, Customer acknowledges and agrees that such Monitoring or professional services are separate and apart and not related to the Services provided pursuant to this Service Agreement. 3.2 TekCare Secure Active Watch Features Features defined in this Section are applicable to TekCare Secure Active Watch Service packages, as described below. TekCare Secure Active Watch Service provides 24x7 integrated Managed security Services, to include Monitoring and proactive support of Threat Manager by a security analyst. TekLinks Public Version: 12/31/2013 Page 3 of 12 GIAC-Certified Security Analysts and Researchers 24x7 State-of-the-Art Security Operations Center Trained Experts in Technologies Monitoring, Analysis and Expert Guidance Capabilities Customized Alerting and Escalation Procedures 3.3 TekCare Secure Log Manager Features Features defined in this Section are applicable to TekCare Secure Log Manager Service packages, as described below Log Collection Choice of physical (single- or multi-tenant) or virtual appliance Choice of agentless or Windows agent log collection Windows Event Logs o Windows System Event Log o Windows Security Event Log o Windows Application Event Log o Microsoft Exchange Server Application Logs SYSLOGs o Unix, Linux Server Logs o Most Network Device Logs (e.g., routers, switches, and Firewalls) o Database Logs Flat/Text Files

4 o o o o o Log Parsing Web Servers Logs (e.g., Apache, IIS) Windows ISA Server Logs DNS and DHCP Server Logs Homegrown Application Logs Exchange Message Tracking Logs New Parsers and Parsing Rules Updated Monthly Parsing Set Consolidated from Multiple Sources o Security Research Team o Customer Requests o Open Source, Third-Party Collaboration Real-Time Parsing Updates to Log Management System Event Correlation & Notification Custom and Out-of-the-Box Correlation Rules o Designed to Detect Suspicious Activity o Automatic Alerts Sent When Rule Is Triggered o PCI-Specific Rules to Comply with Requirement 10.6 of the PCI Data Security Standard Analysis & Reporting Dozens of Dashboards and Reports Available Out-of-the-Box Common Vulnerability Scoring System (CVSS) to Assess Risks Audit-Ready Reports Single Web-Based Console for Entire Environment o User Management and Administration o Dashboards and Drill-Down Analysis o Report Scheduling, Creation and Review Compliance Support SSAE 16 Type II Verified Data Centers Provided by a PCI Level 2 Audited Vendor Provided by a PCI Approved Scanning Vendor (ASV) Indefinite Storage and Archival of Incident Analysis and Cases Support for Multiple Compliance Mandates o PCI DSS 2.0, HIPAA, SOX, GLBA, CoBIT 3.4 TekCare Secure Log Review Features Features defined in this Section are applicable to TekCare Secure Log Review Service packages, as described below. TekCare Secure Log Review Service provides 24x7 integrated Managed daily log review of TekCare Log Manager by a security analyst. TekLinks Public Version: 12/31/2013 Page 4 of 12 GIAC-Certified Security Analysts and Researchers 24x7 State-of-the-Art Security Operations Center Trained Experts in Technologies Monitoring, Analysis and Expert Guidance Capabilities Customized Alerting and Escalation Procedures 3.5 TekCare Secure Threat Manager Features Features defined in this Section are applicable to TekCare Secure Threat Manager Service packages, as described below Threat Signatures and Rules 45,000+ IDS Signature Database; Weekly Signature Updates Rule Set Consolidated from Multiple Sources o Security Research Team o Emerging Threats o Open Source, Third-Party Collaboration Real-Time Signature Updates to Expert System Vulnerability Assessment Unlimited Internal and External Scans PCI DSS 2.0 Compliant External Scanning Broad Scanning Capabilities o Network Infrastructure o Server Infrastructure o Business Critical Applications Intrusion Detection Advanced Network Traffic and Payload Visibility o Web Technologies (IPv6, Ajax, SQL Injection) o Detect SSL-Based Intrusion Traffic Signature and Activity-Based Correlation Patented Threat Scenario Modeling

5 3.5.4 Analysis & Reporting Dozens of Dashboards and Reports Available Out-of-the-Box Custom Reporting Capabilities Common Vulnerability Scoring System (CVSS) to Assess Risks Audit-Ready Reports Single Web-Based Console for Entire Environment o User Management and Administration o Dashboards and Drill-Down Analysis o Report Scheduling, Creation and Review o Scan Scheduling and Results Review Compliance Support Provided by a PCI Approved Scanning Vendor (ASV) Provided by a PCI Level 2 Audited Vendor Support for Multiple Compliance Mandates o PCI DSS 2.0, HIPAA, SOX, GLBA, CoBIT o 6-Month Storage of all Raw IDS Event Data o SSAE 16 Type II Verified Data Centers o Indefinite Storage and Archival of Incident Analysis and Cases 3.6 Equipment Failure/Hardware Replacement TekLinks is responsible for the maintenance and/or replacement of failed Service infrastructure hardware and other TekLinks-owned Equipment. In the event of a failure of hardware or hardware components provided by TekLinks, TekLinks will provide replacement hardware or hardware components. Where available, TekLinks will provide replacement hardware from TekLinks inventory. If replacement hardware is not available in TekLinks inventory, TekLinks will arrange for replacement hardware with the vendor or supplier. 3.7 Limitations 3.8 Exceptions 4.0 Service Options The following options may be added to TekCare Secure Services. Description of Service options herein in no way entitles Customer to feature, unless specified by Teklinks and Customer in the signed Quote or signed evaluation of a Service Change request. Separate Service Agreements may apply to such options. Options described below may have additional cost associated with them. Options described below may not be compatible with all variants of the TekCare Secure Service. 4.1 TekCare Secure Log Manager Options Custom Parsing Rule Creation and Editing Custom Reporting Capabilities 4.2 TekCare Secure Threat Manager Options Custom Rule Creation and Editing 4.3 TekCare Management If Customer has TekCare server Management and/or TekCare device Management Services, TekCare Secure Management Service provides 24X7 Managed response to alerts generated by TekCare Secure Threat Manager or TekCare Secure Active Watch. For protected Devices or nodes under TekCare Management, TekLinks will make configuration changes as needed to rectify security threats. TekCare Management is a prerequisite for this Service option. See TekCare Service Agreement, at for details on options for Management of servers and Devices. 4.4 Field Support Hands-On Field Support TekLinks will be responsible for notifying Customer that Remote Support is not possible or feasible for a reported Incident and that the request for support will be classified as a Hands-On Field Support Incident. After such notification Customer has the right to request that all further troubleshooting or work on request be halted and that the ticket be closed. Tickets so closed will not be subject to further charge. If the Customer does not request a halt to all troubleshooting and/or work relating to Hands-On Field Support, then Customer assumes all responsibility for the escalation of the support request to Hands-On Field Support Incident status. TekLinks Public Version: 12/31/2013 Page 5 of 12

6 Each Hands-On Field Support Incident shall have a minimum of one (1) hour of TekLinks time included. No free Hands-On Field Support Incident are included within this tier of Service. Hands-On Field Support is available at hourly, block, or emergency rates. Hands-On Field Support includes no warranty or representation with respect to support other than as included in the MSA. TekLinks expressly disclaims any warranties related to hardware replacement, software replacement, vendor warranties, vendor support calls, programming assistance, project management and additional product features On-Demand Mitigation If Customer does not have TekCare Management on Monitored Devices, TekLinks Field Support will make configuration changes as needed to rectify security threats on a per-request basis. Customer is responsible for communicating specific details of the request to TekLinks, and the response will be treated as a Hands- On Field Support Incident. 5.0 Service Delivery 5.1 General It is Customer s responsibility to ensure that TekLinks is able to access Device. This includes but is not limited to port filtering, Firewalling, Ethernet switches, Ethernet cabling, hardware configuration, and Operating Systems. 5.2 Installation Upon receipt of a signed Quote, TekLinks will contact Customer to complete the on-boarding form. Customer is responsible for providing on-boarding information in order for Service delivery to proceed. Once TekLinks obtains shipping information, TekLinks will notify Customer and schedule installation date. Equipment is provisioned by a third-party vendor. Upon receipt of Equipment, TekLinks or Customer works with third-party vendor to install and configure the Equipment. Third-party vendor notifies TekLinks or Customer that Equipment is functional and receiving alerts. TekLinks notifies Customer that Service delivery is complete and provides transition information to Customer support. If additional configuration work is required due to limitations of the Customer network or other server/application requirements, TekLinks reserves the right to bill Customer at its then current hourly rates. TekLinks is NOT responsible for and will not be obligated to provide any support of or assistance in configuration, installation, administration, troubleshooting, maintenance or repair of any Customer Equipment and software, or integration of such Equipment and software into the Customer network beyond that previously defined. 5.3 Service Upgrades & Modifications TekLinks may use other methods to provide Customer with equivalent Service. TekLinks reserves the right to replace a Service with equivalent or upgraded Service at any time during the Term of this Agreement. TekLinks will make an effort to coordinate any such Service change with Customer prior to such change. If TekLinks is unable to coordinate an acceptable time for a Service change with Customer TekLinks reserves the right to make such a Service change during a scheduled Maintenance Window. 6.0 Service Support 6.1 Authorized Contacts TekLinks provides reliable and secure Managed Services by requiring that all Technical Support and information requests come only from Customer s documented Authorized Contacts. Customer shall provide an Authorized Contact List which will contain at minimum one primary Administrative/Billing Contact and one Emergency IT contact, and may contain as many Authorized Contacts as desired. The Authorized Contact List will include the name, address and phone number for each Authorized Contact. The Administrative/ Billing Contact and Emergency IT contact are authorized to request Service Changes and to change the Authorized Contact List. The Emergency IT Contact will receive emergency maintenance or Service-related correspondence from TekLinks. Requests for configuration information or Service Changes are accepted only from Authorized Contacts via , fax or phone. Customer is responsible for ensuring Authorized Contact information is accurate and requesting any updates that are needed. 6.2 Support/Helpdesk Customer must contact TekLinks Technical Support to report Service Incidents. TekLinks Technical Support will be available twenty-four (24) hours per day; seven (7) days per week; three hundred sixty-five days (365) days per year as follows: The Support/Helpdesk is staffed Monday through Friday 7:30 a.m. to 6:00 p.m. (central). Support after such hours is available for Emergency and Urgent Priority Incidents. TekLinks Public Version: 12/31/2013 Page 6 of 12

7 TekLinks Technical Support provides support for network Monitoring, trouble ticket resolution, and fault isolation up to the termination point of TekLinks Equipment. TekLinks Technical Support will accept Incident support calls from any Customer representative. Requests for Service Changes or information are accepted from any Authorized Contact per conditions and procedures described elsewhere in this Service Agreement. TekLinks will not perform any requested activity which may cause Service disruption or perform any Service Changes unless request is initiated by an Authorized Contact. TekLinks reserves the right to delay response on support tickets opened by anyone other than the Authorized Contact. Communication between Customer and TekLinks not initiated by an Authorized Contact will not be subject to SLA remedies. All communications with Customer will be in the English language. This feature is intended to support standard functionality of TekLinks Services. Remote Support services are available via telephone and . When possible, TekLinks will use the Remote Support feature to resolve Customer reported Incidents. TekLinks shall be the sole party responsible for defining when Remote Support is not possible or feasible. Remote Support: Remote Support is available Monday through Friday 7:30 a.m. to 6:00 p.m. (central). Remote Support of Devices requires Telnet, SSH, or SNMP connectivity to the Device being supported. Remote Support of servers and desktops requires web browser and Internet connectivity to the Device being supported. After-Hours Support: Support outside the Remote Support hours ( After-Hours Support ) is available for Emergency and Urgent Priority Incidents. TekLinks shall be the sole party responsible for defining which issues shall be classified as Emergency or Urgent Priority Incidents based on the Severity and Impact described by the Customer when reporting the Incident. Hands-On Field Support: Any onsite repair of hardware is the responsibility of the manufacturer during any warranty period. If requested by Customer, TekLinks can assign a Hands-On Field Support service request to a TekLinks Field Engineer as set forth in Section 4.2 hereof. 6.3 Moves, Adds, and Changes 6.4 Remote Hands 6.5 Maintenance Maintenance windows for disruptive work to Service will be limited to Sunday mornings from 1:00 a.m. 6:00 a.m. (central) ( Maintenance Window ) with no requirement of notification to Customer prior to maintenance. During the Maintenance Window, all standard maintenance and planned minor changes to the Service are performed. TekLinks will attempt to schedule all planned major changes which may result in Service interruption ( Planned Major Changes ) during the weekly Maintenance Window, except in cases where impact to Service will be minimized by alternate scheduling. Planned Major Changes will be posted to the online maintenance calendar two (2) weeks in advance of scheduling. The TekLinks Maintenance Calendar is available online at colo.teklinks.com. Service SLAs do not apply during Maintenance Windows and Planned Major Changes. TekLinks reserves the right to perform emergency support or network maintenance as needed outside the weekly Maintenance Window, in which case TekLinks will make a reasonable effort to notify the Customer if feasible under the circumstances. Any such maintenance will be considered emergency maintenance. All Service SLAs will apply during such emergency maintenance. Customer is responsible for reviewing the TekLinks Maintenance Calendar weekly for current information regarding scheduled maintenance. Customer is responsible for maintaining an up-to-date Authorized Contact List with TekLinks. TekLinks will not be held responsible for maintenance notifications missed due to an out-of-date Authorized Contact List. Customer is responsible for notifying TekLinks in writing if it requests that disruptive maintenance be performed outside of the Maintenance Windows. 6.6 Backup and Recovery TekLinks Public Version: 12/31/2013 Page 7 of 12

8 6.7 Notifications If requested by Customer in writing, TekLinks will notify Customer within fifteen (15) minutes of a Service Outage via notification. Customer is responsible for providing up to two (2) addresses for Service Outage notifications. For Services which include alerting and notification options, Customer is responsible for designating the Authorized Contacts who are to receive notifications. For protected Devices also covered under TekCare Management Service agreements, the notifications will also be sent to TekLinks support personnel in tandem with designated Customer Authorized Contacts. 6.8 Support Limitations TekLinks Technical Support is not responsible for end- User support of issues not directly related to Service. This includes (but is not limited to) Customer Front-End Infrastructure and operating systems, Customer Equipment, or Customer application support. 7.0 Billing 7.1 Service Activation Date Billing for the Service will begin on the Service Activation Date. The Service Activation Date shall be the earlier to occur of: 1) The date on which Service is activated on the first newly contracted Customer Device by TekLinks. 2) Ninety (90) days after the date on which this Agreement is signed by Customer. Customer is responsible for ensuring TekLinks has the ability to install any necessary software or Equipment necessary to deliver Services in a timely fashion. 7.2 Billing and Payment Terms Billing and payment terms are set forth in Section X, Billing and Payment Terms, of the MSA. 8.0 Customer Requirements 8.1 General Customer s general obligations for Service are set forth in Section VI, Customer Responsibilities, of the MSA 8.2 Equipment Equipment Requirements TekLinks requires Customer to maintain a suitable standard of Equipment that sufficiently supports the normal operation of the Services. TekLinks reserves the right to cancel Service, or portions of the Service, if the Equipment is deemed to be faulty or inadequate Equipment Configuration TekLinks will configure and deliver the Customer Premises Equipment necessary to enable the Services. Customer is responsible for installing the Customer Premises Equipment and the configuration of any other Equipment necessary for the purpose of enabling the Services including but not limited to network taps, Firewalls, routers, switches, and Operating Systems, unless otherwise provided for by separate written agreement between the parties. Customer is responsible for all Equipment configuration changes not specifically outlined herein. Customer is responsible for any Equipment modifications necessary at Customer Premises to accommodate the Service outlined herein Hardware Loan Subject to the terms and conditions of the Agreement, TekLinks is loaning to Customer the Customer Premises Equipment for the purpose of enabling the Services. The Customer Premises Equipment is loaned, not sold, to Customer, for use solely during the Term of the Agreement and will remain the property of TekLinks. Customer will use a reasonable degree of care to maintain and protect the Customer Premises Equipment. Customer will not modify, disassemble, decompile, reverse engineer, rent, lease, loan, transfer, or copy the Customer Premises Equipment (including any software or firmware that is part of the Customer Premises Equipment). Customer assumes all risk of loss, damage, theft, or destruction of the Customer Premises Equipment while it is in Customer's possession or control or that of its agents, including any carrier, and Customer will reimburse TekLinks for any costs of repair or replacement of the Customer Premises Equipment. Customer will keep the Customer Premises Equipment free of all security interests, liens, and other encumbrances. 8.3 Escalation Information Customer is responsible for providing up-to-date escalation information and notifying TekLinks of any changes that might affect escalation procedures. TekLinks Public Version: 12/31/2013 Page 8 of 12

9 8.4 Protected Networks Customer must provide network diagrams to TekLinks for all networks segments for which Threat Manager and Active Watch Services are deployed (collectively, Protected Networks ). Additionally, Customer must configure its Protected Networks so that Services can be fully deployed on the Protected Networks and ensure that intrusion monitoring and vulnerability assessment are fully operational. TekLinks will not be in breach of any of its obligations under this Agreement to the extent Customer fails to comply with its obligations under this Agreement. 9.0 Service Conditions Conditions to TekLinks performance of Services for Customer are set forth in Section II.B, Service Conditions, of the MSA Service Level Agreements 10.1 General TekLinks will be the sole party to determine whether TekLinks has met the SLAs specified herein. Customer must at all times cooperate with TekLinks in testing, determining, and verifying that a qualifying Service Outage has occurred SLA Credit Request Process and Limitations In order to receive any of the SLA credits specified herein for Service (each, a Service Credit ), an Authorized Contact must immediately notify TekLinks Technical Support of an Incident within the TekLinks Service that results in the inability of the Customer to access Service ( Service Outage ). A Service Outage does not include an outage that occurs during scheduled Maintenance Windows or Planned Major Changes. TekLinks Technical Support will investigate the reported Service Outage and assign a Trouble Ticket number. Once TekLinks determines that a substantiated Service Outage that could qualify Customer for the Service Credit has occurred ( Verifiable Trouble Ticket ), then Customer may request a Service Credit within thirty (30) days after the event giving rise to the Service Credit by contacting TekLinks Technical Support and asking for a Service Credit escalation. A Verifiable Trouble Ticket must accompany Customer s request for any Service Credit. Service Credits should appear on Customer s bill for the Service within two (2) billing cycles, after such Service Credit has been approved by TekLinks. In any calendar year, Customer s aggregated Service Credits may not exceed, for any Service, three (3) months worth of the monthly Service Fee for the affected Service. In any billing month Service Credits may not exceed, for any Service, fifty percent (50%) of the monthly Service Fee for the affected Service. For purposes of calculating Service Credits, the monthly Service Fee shall mean the monthly recurring charge for such Service, but excluding, in all cases, (i) any monthly recurring fees for the Service options (e.g., domain name hosting or Service); (ii) all one-time charges; and (iii) any monthly recurring charge for Equipment for such Service ( MRC ). Service Credits are exclusive of any applicable taxes charged to the Customer or collected by TekLinks SLA Exclusions Global SLA Exclusions SLAs do not apply and TekLinks is not responsible for failure to meet an SLA resulting from: TekLinks Public Version: 12/31/2013 Page 9 of 12 Misconduct of Customer or Users of Service Failure or deficient performance of power, Equipment, services or systems not provided by TekLinks Delay caused or requested by Customer Service interruptions, deficiencies, degradations or delays due to any access lines, cabling or Equipment provided by third parties Service interruptions, deficiencies, degradations or delays during any period in which TekLinks or its representatives are not afforded access to the premises where access lines associated with Service are terminated or TekLinks Equipment is located Service interruptions, deficiencies, degradations or delays during any period when a Service Component is removed from Service for maintenance, replacement, or rearrangement purposes or for the implementation of a Customer order or by Customer staff Customer s election to not release a Service Component for testing and/or repair and to continue using the Service Component Force Majeure Events, as described in Section XV, Force Majeure, of the MSA. Failure of Customer to provide suitable secure environment for on premise Devices including but not limited to: secure mounting/racking,

10 appropriate cooling and air handling, security from theft, loose wires bundled neatly, etc. Failure to adhere to TekLinks recommended configurations on unmanaged equipment. Over 30 day past due balance on any billing or Service with TekLinks In addition, Service Credits do not apply (a) if Customer is entitled to other available credits, compensation or remedies under Customer s Service Agreement for the same Service interruption, deficiency, degradation or delay, (b) for Service interruptions, deficiencies, degradations or delays not reported by Customer to TekLinks, (c) where Customer reports an SLA failure, but TekLinks does not find any SLA failure, and (d) when Service is dependent upon other Service with lower SLA. If Customer elects to use another provider or method to restore Service during the period of interruption, Customer must pay the charges for the alternative Service used Service SLA Exclusions 10.4 SLA Classifications and s Availability Service Availability SLAs apply only when Service is completely unavailable due to an Incident. After Customer opens a Trouble Ticket on the Service issue, TekLinks Technical Support will classify the issue. If TekLinks Technical Support determines that Customer Service is 100% unavailable, the issue will be categorized as a Service Availability issue and all SLA remedies applicable to Service Availability will apply. Any SLA remedies not specifically defined as Service Availability SLAs will not apply. 99.9% Failure to meet the goal qualifies Customer for a Service credit of up to 1 month of MRC Performance Service Performance SLAs apply if Service is available in a degraded state. After Customer opens a Trouble Ticket on a Service Incident, TekLinks Technical Support will classify the Incident. If TekLinks Technical Support determines that Customer Service is available albeit with performance degradation, the Incident will be categorized as a Service Performance Incident and all SLA remedies applicable to Service Performance will apply. Any SLA remedies not specifically defined as Service Performance SLAs will not apply. Service Performance SLA credits will not be given if Service Availability SLA credits are requested on the same Incident. There are no Service Performance SLA s with this Service. N/A Other N/A Other SLAs apply whenever a SLA goal has not been met. Other Service Credits will qualify for consideration even when Service Availability or Service Performance Service Credits are requested against the same Customer Incident Initial Incident Response If Customer has an Agreement for Active Watch Appliance, Log Manager appliance, or Threat Manager appliance, the Initial Response SLA goal is measured from the time an Incident is first reported to TekLinks by the Customer until TekLinks responds to such Incident with an initial or phone call. Resolution of the Incident will not be considered to be part of this Initial Response SLA goal. 4 hours Failure to meet the goal does not qualify Customer for any Service Credit Incident Resolution / Service Repair Objective If Customer has an Agreement for Active Watch Appliance or Threat Manager appliance, the Incident Resolution/Service Repair Objective SLA goal is measured from the time an Incident is first reported to TekLinks by the Customer until such Incident has been resolved or a suitable workaround is in place to restore Service to a state of reasonable operation. Incident Resolution/Service Repair Objectives herein are stated as goals toward Mean Time to Recovery ( MTTR ) of the Service. Failure of TekLinks to meet these goals on a single Incident does not qualify Customer for Service Credits. 24 Failure to meet the goal does not qualify TekLinks Public Version: 12/31/2013 Page 10 of 12

11 hours Customer for any Service Credit Hardware Replacement In the event of a failure of hardware or hardware components provided by TekLinks, the MTTR will be determined by the associated Incident Priority based on the impact of hardware failure to Services as outlined in the Incident Resolution/Service Repair Objectives section above. However, if the replacement hardware is not readily available from TekLinks inventory, MTTR begins at the time TekLinks takes possession of said replacement hardware. For Customer Equipment, MTTR starts at such time TekLinks receives the replacement hardware from the Customer or Customer s vendor Monitoring Provisioning For purpose of the Provisioning SLA, the duration of Provisioning shall be deemed to commence upon the execution of the applicable Agreement for Service by Customer and ends when the Service has been provisioned to the Customer. 45 days Failure to meet the goal does not qualify the Customer for any Service Credit Remote Hands Active Watch If Customer has an Agreement for Active Watch, for all Protected Networks segments for which Threat Manager and Active Watch services are deployed TekLinks will detect and escalate security Incidents for network threats to Protected Networks within 30 minutes of their occurrence. The Active Watch SLA goal is measured from the time a security Incident is detected by Threat Manager until the Active Watch escalation notification has been initiated by a TekLinks Security Analyst. 30 minutes Each failure to meet the goal qualifies Customer for a Service Credit of 1% of MRC per event Log Review If Customer has an Agreement for Log Review, TekLinks will (a) review data for the prior day within 24 hours, (b) escalate potential security Incidents to Customer upon detection, and (c) maintain an audit trail of review activity on a daily basis that is accessible online. The Log Review Escalation SLA goal is measured from the time a security Incident is detected by the Security Analyst until the Log Review escalation notification has been initiated by a TekLinks Security Analyst. The Log Review SLA goal is measured from 11:59 p.m. (central) of the prior day. The Log Review Audit Trail SLA goal is measured on a daily basis in conjunction with the Log Review itself. Log Review Activity Review prior day data Escalate security incidents Maintain Audit Trail TekLinks Public Version: 12/31/2013 Page 11 of hours 30 minutes Daily Each failure to meet the goal qualifies Customer for a Service Credit of 1% of MRC per event Each failure to meet the goal qualifies Customer for a Service Credit of 1% of MRC per event Each failure to meet the goal qualifies Customer for a Service Credit of 1% of MRC per event TekCare Secure Management If Customer has an Agreement for TekCare Management, TekLinks will begin formulating a mitigation plan in response to security Incidents for network threats to Protected Networks within the response goals below. The TekCare Secure Management SLA goal is measured from the time a security Incident is escalated by a TekLinks Security Analyst or the event notification is received from the Active Watch Appliance, Threat Manager, or Log Manager. Incident Priority Emergency Response 1 hour Failure to meet the goal qualifies Customer for a Service Credit of up to 1 month of MRC

12 Incident Priority Urgent Response 2 hours Failure to meet the goal qualifies Customer for a Service Credit of up to 1 month of MRC Normal Response 24 hours Failure to meet the goal qualifies Customer for a Service Credit of up to 1 month of MRC 10.5 Remedies Not Cumulative The remedies set forth herein are NOT cumulative. The aggregate maximum remedy for any and all failures to provide Services at the SLAs required that occur in a single calendar month shall not exceed one calendar month of Service Credit. If Customer is late in making any payments owing pursuant to this Agreement at the time of the occurrence which would otherwise entitle Customer to SLA remedies, none of such SLA remedies shall be available to Customer, and Customer waives the same. (End of ) TekLinks Public Version: 12/31/2013 Page 12 of 12