PUBLISHER HOSTING
SERVICES AT THE SAME TIME AS MICROSOFT'S SCHEDULED DOWNTIMES FOR XBOX LIVE.
UPON NOTIFICATION OF A SCHEDULED DOWNTIME FOR THE PUBLISHER HOSTING SERVICES,
MICROSOFT MAY AT ITS OPTION REQUEST AN ALTERNATE TIME FOR SUCH SCHEDULED
MAINTENANCE AND PUBLISHER SHALL USE COMMERCIALLY REASONABLE EFFORTS TO
ACCOMMODATE MICROSOFT'S REQUEST.
5.3.3
SERVER CAPACITY AND LOAD.
PUBLISHER SHALL USE COMMERCIALLY
REASONABLE EFFORTS TO SUPPORT ALL USERS OF ITS PUBLISHER HOSTING SERVICES,
INCLUDING OPERATING SUFFICIENT COMPUTING RESOURCES FOR USER TRAFFIC, AND SHALL
IMMEDIATELY INFORM MICROSOFT OF THE FAILURE OF RELEVANT PUBLISHER HOSTING
SERVICES.
PUBLISHER SHALL ENSURE THAT LOAD ON THE PUBLISHER HOSTING SERVICES
SYSTEM DOES NOT EXCEED [****] OF THE MEASURED CAPACITY OF THE SYSTEM, WHERE
"CAPACITY" IS DEFINED AS THE MAXIMUM LOAD WHICH CAN BE SUSTAINED BY THE SYSTEM.
PUBLISHER MUST DESCRIBE IN WRITING THE TOOLS AND TECHNIQUES TO BE USED IN
MEASURING SYSTEM CAPACITY AND LOAD, WHICH TOOLS AND TECHNIQUES MUST BE
RECOGNIZABLE AS INDUSTRY STANDARD PRACTICES AND WHICH MUST BE AGREED TO IN
ADVANCE BY MICROSOFT. PUBLISHER SHALL MEASURE THE LOAD ON THE PUBLISHER HOSTING
SERVICES AT INTERVALS OF NO MORE THAN [****]. PUBLISHER SHALL RETAIN RECORDS OF
LOAD MEASUREMENTS FOR NO LESS THAN ONE WEEK, AND SHALL MAKE SUCH RECORDS
ACCESSIBLE TO MICROSOFT UPON REQUEST. SHOULD CHANGES TO THE SYSTEM OCCUR WHICH
NECESSITATE CHANGES IN THE TOOLS AND TECHNIQUES USED TO MEASURE CAPACITY AND
LOAD, OR SHOULD THE CAPACITY OF THE SYSTEM MATERIALLY INCREASE OR DECREASE,
PUBLISHER SHALL INFORM MICROSOFT WITHIN [****].
5.3.4
UPTIME.
THE PUBLISHER HOSTING SERVICES SHALL HAVE UPTIME OF
[****], WHERE UPTIME IS DEFINED AS THE PORTION OF TIME WHEN THE SYSTEM IS
ACCESSIBLE AND AVAILABLE TO XBOX LIVE USERS.
UPTIME WILL BE CALCULATED ON A
MONTHLY BASIS ASSUMING CONFORMANCE WITH THE INDUSTRY STANDARD OF MONITORING
UPTIME [****].
PUBLISHER WILL REPORT THE UPTIME STATISTICS TO MICROSOFT UPON
REQUEST.
SCHEDULED MAINTENANCE DONE PURSUANT TO SECTION 5.3.2 ABOVE MAY BE
DEDUCTED WHEN CALCULATING UPTIME.
8
5.3.5
SERVER LOCATION.
PUBLISHER MUST LOCATE ALL SERVERS USED TO OPERATE
THE PUBLISHER HOSTING SERVICES IN APPROVED TERRITORIES AS PROVIDED FOR IN THE
XBOX 360 PUBLISHER GUIDE.
5.3.6
TROUBLESHOOTING; NOTICE TO USERS.
IF THE PUBLISHER HOSTING
SERVICES ARE UNABLE TO ESTABLISH A CONNECTION TO XBOX LIVE, THEN PUBLISHER WILL
WORK WITH MICROSOFT TO TROUBLESHOOT THE CAUSE OF THE PROBLEM AND DILIGENTLY WORK
TO FIX ANY SUCH PROBLEM.
DURING ANY TIME IN WHICH A SOFTWARE TITLE OR ANY
PUBLISHER HOSTED ONLINE CONTENT USING THE PUBLISHER HOSTING SERVICES ARE UNABLE
TO ESTABLISH A CONNECTION TO THE PUBLISHER HOSTING SERVICES, THEN PUBLISHER WILL
DISPLAY THE APPROPRIATE MESSAGE TO THE XBOX LIVE USER IN ACCORDANCE WITH THE
XBOX 360 PUBLISHER GUIDE.
5.4
CUSTOMER SUPPORT.
AS SET FORTH IN THE XBOX 360 PLA, AS BETWEEN
MICROSOFT AND PUBLISHER, PUBLISHER IS SOLELY RESPONSIBLE FOR PROVIDING CUSTOMER
SUPPORT TO XBOX LIVE USERS FOR PUBLISHER HOSTED ONLINE CONTENT AND PUBLISHER
HOSTING SERVICES.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, PUBLISHER ACKNOWLEDGES
AND AGREES THAT MICROSOFT HAS NO SUPPORT RESPONSIBILITIES WHATSOEVER TO XBOX
LIVE USERS FOR THE PUBLISHER HOSTED ONLINE CONTENT AND