HOSTING SERVICES
5.1
PUBLISHER RESPONSIBILITY. PUBLISHER IS
RESPONSIBLE FOR HOSTING THE PUBLISHER HOSTED ONLINE CONTENT AND PROVIDING THE
PUBLISHER HOSTING SERVICES. PUBLISHER SHALL OPERATE THE PUBLISHER HOSTING
SERVICES IN A MANNER THAT MEETS OR EXCEEDS STANDARDS OF QUALITY, PERFORMANCE,
STABILITY, AND SECURITY GENERALLY ACCEPTED IN THE INDUSTRY, AND THOSE SPECIFIC
REQUIREMENTS SET FORTH BELOW IN THIS SECTION AND IN THE XBOX 360 PUBLISHER
GUIDE.
5.2
THIRD PARTY HOST. IF PUBLISHER IS USING A
THIRD PARTY HOST TO PROVIDE THE PUBLISHER HOSTING SERVICES, PUBLISHER MAY
PROVIDE THE THIRD PARTY HOST WITH ACCESS TO ONLY THOSE PORTIONS OF THE XDK THAT
ARE NECESSARY FOR THE THIRD PARTY HOST TO PERFORM THE PUBLISHER HOSTING
SERVICES. PRIOR TO USING THE SERVICES OF ANY THIRD PARTY HOST, THE THIRD PARTY
HOST AND PUBLISHER MUST SIGN A THIRD PARTY HOSTING AGREEMENT SUBSTANTIALLY AND
MATERIALLY IN THE FORM SET FORTH IN THE XBOX 360 PUBLISHER GUIDE, AND MICROSOFT
MUST ACCEPT AND APPROVE SUCH AGREEMENT IN WRITING. PUBLISHER HEREBY
UNCONDITIONALLY AND IRREVOCABLY GUARANTEES THE THIRD PARTY HOST'S PERFORMANCE OF
THE APPLICABLE OBLIGATIONS AND RESTRICTIONS IMPOSED BY THESE XLSP TERMS AND THE
THIRD PARTY HOSTING AGREEMENT.
5.3
PUBLISHER HOSTING SERVICE REQUIREMENTS.
PUBLISHER SHALL ADHERE TO THE FOLLOWING REQUIREMENTS AND UPON REQUEST FROM
MICROSOFT, PUBLISHER SHALL PROVIDE MICROSOFT WITH SUFFICIENT INFORMATION TO
VERIFY COMPLIANCE WITH THESE REQUIREMENTS:
5.3.1
OPERATION. PUBLISHER SHALL MONITOR THE OPERATION
AND PERFORMANCE OF THE PUBLISHER HOSTING SERVICES, RESPOND TO TECHNICAL AND XBOX
LIVE USER INQUIRIES, AND HAVE RULES, POLICIES, AND PROCEDURES FOR THE PUBLISHER
HOSTING SERVICES THAT ARE CONSISTENT WITH THE STANDARDS DEFINED BELOW OR AS
OTHERWISE PROVIDED BY MICROSOFT FROM TIME TO TIME IN THE EVENT MICROSOFT
REASONABLY DETERMINES THAT THE STANDARDS NEED TO BE UPDATED IN LIGHT OF INDUSTRY
STANDARDS.
5.3.2
REPORTING AND TECHNICAL POLICIES. THE PARTIES SHALL
FOLLOW THE COMMUNICATION PROCESSES FOR SHARING AND UPDATING EACH OTHER'S
TECHNICAL TEAMS SET FORTH IN THE XBOX 360 PUBLISHER GUIDE. IN ADDITION,
PUBLISHER SHALL FOLLOW THE TECHNICAL PROCESSES, POLICIES, RULES, AND DETAILED
PROCEDURES FOR NOTIFICATION, ESCALATION AND REPORTING OF SCHEDULED AND
UNSCHEDULED MAINTENANCE, AND PROBLEMS THAT MIGHT OCCUR WITH THE PUBLISHER
HOSTING SERVICES AS SET FORTH IN THE XBOX 360 PUBLISHER GUIDE. EACH PARTY IS
RESPONSIBLE FOR NOTIFYING THE OTHER IN THE EVENT THAT IT DISCOVERS A TECHNICAL
PROBLEM WITH THE SERVICE OF THE OTHER PARTY. PUBLISHER SHALL PROVIDE MICROSOFT
**** ADVANCED WRITTEN NOTICE OF PUBLISHER'S SCHEDULED DOWNTIMES, AND PUBLISHER
SHALL USE COMMERCIALLY REASONABLE EFFORTS TO SCHEDULE MAINTENANCE DOWNTIMES FOR
THE 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