marmolpen3/sla-obligations-rights · Datasets at Hugging Face

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In the event of a conflict between the terms of this SLA and the terms of the AWS Customer Agreement or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.	2	NEITHER
Service Credits are calculated as a percentage of the charges paid by you for the Multi-AZ Domain that did not meet the Service Commitment in a billing cycle in accordance with the schedule below.	2	NEITHER
We will apply any Service Credits only against future CloudSearch payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred.	2	NEITHER
A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD).	2	NEITHER
(i) the words "SLA Credit Request" in the subject line, (ii) the dates and times of each Unavailability incident you are claiming, (iii) the names and the AWS regions of the affected Multi-AZ Domains, and (iv) your Request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).	2	NEITHER
Monthly Uptime Percentage for a given Multi-AZ Domain is calculated by subtracting from 100% the percentage of 5 minute intervals during the monthly billing cycle in which the Multi-AZ Domain was Unavailable. If you have been running that Multi-AZ Domain for only part of the month, your Multi-AZ Domain is assumed to be 100% available for the portion of the month that it was not running. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any CloudSearch SLA Exclusions.	2	NEITHER
Multi-AZ Domain means a CloudSearch domain with the Multi-AZ parameter set to true. " "Unavailable" and “Unavailability” mean that all Requests to the running Multi-AZ Domain during a 5-minute interval fail with Errors. If you did not make any Requests in a given 5-minute interval, that interval is assumed to be 100% available.	2	NEITHER
A “Request” is a customer-initiated Upload or Search operation as described in the CloudSearch Documentation on the AWS Site.	2	NEITHER
An “Error” is any Request that returns a 500 or 503 error code. A "Service Credit" is a dollar credit, calculated as set forth above, that we may credit back to an eligible account.	2	NEITHER
This SLA applies separately to each account using Amazon CloudFront. Unless otherwise provided herein, this SLA is subject to the terms of the AWS Agreement and capitalized terms will have the meaning specified in the AWS Agreement. We reserve the right to change the terms of this SLA in accordance with the AWS Agreement	2	NEITHER
The billing cycle and AWS regions with respect to which you are claiming Service Credits, together with the Monthly Uptime Percentage for that AWS region for the billing cycle and the specific dates, times, and Availabilities for each 5-minute interval with less than 100% Availability in that AWS region throughout the billing cycle.	2	NEITHER
Your Request logs that document the errors for your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).	2	NEITHER
That result from you not following the guidelines and best practices described in the Amazon Chime SDK Documentation on the AWS Site, (iv) that results from you not following the recommendations provided in an AWS Well-Architected Review, (v) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control), or (vi) arising from our suspension or termination of your right to use Amazon Chime SDK in accordance with the Agreement (collectively, the “Amazon Chime SDK SLA Exclusions”).	2	NEITHER
A well-architected review is considered complete if all risks classified as “High” or greater have been addressed.	2	NEITHER
The Service Commitment does not apply to any unavailability, suspension or termination of Amazon Aurora, or any other Amazon Aurora performance issues, directly or indirectly : (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Amazon Aurora, (ii) that result from any voluntary actions or inactions from you.	2	NEITHER
(iii) that result from instances belonging to the Micro DB instance class or other instance classes which have similar CPU and memory resource limitations, (iv) that result from you not following the basic operational guidelines described in the Amazon Aurora User Guide (e.g., overloading a database instance to the point it is inoperable, creating an excessively large number of tables that significantly increases the recovery time, etc.), (v) caused by underlying database engine software that leads to repeated database crashes or an inoperable database instance.	2	NEITHER
IBM provides the following service level agreements (SLAs) for Cloud Services when IBM is listed as the Provider value in the IBM Cloud Catalog For 3rd party services, the SLA, if provided, will be set out in the 3rd party vendor terms for that service.	2	NEITHER
No credits will be due for failure to meet an SLA because of problems with: Client or community provided content, technology, designs, or instructions, non-IBM build-packs, unsupported system configurations and platforms.	2	NEITHER
Client infrastructure failures, including network, hardware, facility, or power, Client system administration actions, commands, or file transfers, Client errors or failures to provide needed information or access to resolve an outage, time to reload, configure, enable, or access content or include other services indirectly affected by an outage, Client-caused security incidents or Client security testing, or other causes beyond IBMs reasonable control.	2	NEITHER
Some services provide Client with infrastructure capabilities where Client is responsible for the implementation and management of said infrastructure	2	NEITHER
For such User-Managed Services, eligible downtime is limited to a disruption due to failures or planned maintenance involving any of the following: i) private or public network, ii) infrastructure power, or iii) HVAC infrastructure.	2	NEITHER
The Tier 1 SLA applies to most services and configurations not specified in a higher tier. This includes service plans where Client instantiates a single service instance that is hosted in a single data center.	2	NEITHER
A single service instance that is hosted in a single data center.	2	NEITHER
Configurations of two instances of eligible services providing redundancy. Level 2 eligible services are listed in the table in section 6.	2	NEITHER
Client selects: ● an available HA configuration from the UI catalog, or ● at least three sets of eligible User Managed service resources in three different Availability Zones for a common workload. An availability zone is a data processing facility with independent electrical, mechanical and network infrastructures. Level 2 eligible services are listed in the table in section 6.	2	NEITHER
Eligible IBM services that are implemented across at least two or more regions providing high levels of redundancy. Level 2 eligible services are listed in the table in section 6.	2	NEITHER
To expedite the processing of SLA claims, when submitting a claim, Client should provide as much information as possible.	2	NEITHER
Each offering supports at least one Availability SLA tier, and many offerings support multiple tiers. For multi-tier offerings, the applicable tier will depend on the client deployed configuration.	2	NEITHER
To the extent Client leverages any other services or runtimes within IBM Cloud related to its APIs, those respective SLAs shall apply (i.e., there shall be no duplication of SLA credits).	2	NEITHER
Any failure of Client owned components when API calls are routed through Client owned components, such as an API Gateway, that are paired with the IBM API Connect Dedicated offering do not count toward Downtime and are not eligible for SLA credit.	2	NEITHER
For Satellite-hosted services deployed on infrastructure not managed by IBM, the Tier 1 SLA applies, and unavailability attributed to infrastructure failures will not be counted in downtime calculations.	2	NEITHER
Errors are requests with a response code greater than or equal to 500.	2	NEITHER
Downtime is the total number of accrued minutes where every request made in a clock minute either returns an error or the instance is unavailable (as recorded by IBMs standard monitoring tools).	2	NEITHER
For a Dedicated Cloudant Instance in IBM Cloud Dedicated, Downtime excludes any minute during which the request rate exceeds a peak of 500 requests per second.	2	NEITHER
In addition to the IBM Cloud Service Description, the Downtime definition specific to this Cloud Service is: Downtime is the number of accrued minutes where every connection request to a database instance fails in a clock minute.	2	NEITHER
Service level time periods exclude any time required to reload the operating system or applications or time performance may be degraded.	2	NEITHER
If we do not achieve and maintain the Service Levels for each Service as described in this SLA	2	NEITHER
You can review the most current version of this SLA at any time by visiting http://www.microsoftvolumelicensing.com/SLA.	2	NEITHER
This SLA provides information on Services currently available. Earlier versions of this document are available at http://www.microsoftvolumelicensing.com. To find the needed version, a customer may contact its reseller or Microsoft Account Manager.	2	NEITHER
That result from your failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or your use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported) or inconsistent with our published guidance.	2	NEITHER
Additional Terms: Service Credits are applicable only to fees attributable to your use of Process Automation functionality within the Automation Service. No SLA is provided for the Free tier of the Automation Service.	2	NEITHER
Service Level Exceptions: The Service Levels and Service Credits are applicable to your use of the Basic, Standard, and Premium tiers of the BizTalk Services. The Developer tier of the Microsoft Azure BizTalk Services is not covered by this SLA.	2	NEITHER
Additional Terms: Service credit will be applied to the individual service that was unavailable. For example, if Customer is using SMS and Chat services, and the SMS service does not meet SLA, Customer would receive a credit for the SMS usage, not the chat usage.	2	NEITHER
The available minutes are based only on services that are in the control of Azure Communication Services, this excludes third party services such as telecommunications providers and carriers.	2	NEITHER
Microsoft will review data from any commercially reasonable independent measurement system used by Customer.	2	NEITHER
Measurement System tests (frequency of at least one test per hour per agent) will be configured to perform one HTTP GET operation according to the model below: 1. A test file will be placed on Customter’s origin (e.g., Azure Storage account).	2	NEITHER
The GET operation will retrieve the file through the CDN Service, by requesting the object from the appropriate Microsoft Azure domain name hostname	2	NEITHER
The test file will meet the following criteria: i. The test object will allow caching by including explicit “Cache-control: public” headers, or lack of “Cache-Control: private” header. ii. The test object will be a file at least 50KB in size and no larger than 1MB. iii. Raw data will be trimmed to eliminate any measurements that came from an agent experiencing technical problems during the measurement period.	2	NEITHER
Microsoft will review data from any commercially reasonable independent measurement system used by Customer.	2	NEITHER
Measurement System tests (frequency of at least one test per 5 minutes per agent) will be configured to perform one HTTP GET operation according to the model below.	2	NEITHER
A test file will be placed on Customer’s backend (e.g., Azure Storage account).	2	NEITHER
The GET operation will retrieve the file through Azure Front Door and Azure Front Door (classic), by requesting the object from the appropriate Microsoft Azure domain name hostname.	2	NEITHER
The test file will meet the following criteria: • The test object will be a file at least 50KB in size. • Raw data will be trimmed to eliminate any measurements that came from an agent experiencing technical problems during the measurement period.	2	NEITHER
“Virus Detection and Blocking” is defined as the detection and blocking of Viruses by the filters to prevent infection. “Viruses” is broadly defined as known malware, which includes viruses, worms, and Trojan horses.	2	NEITHER
A Virus is considered known when widely used commercial virus scanning engines can detect the virus and the detection capability is available throughout the EOP network.	2	NEITHER
Must result from a non-purposeful infection.	2	NEITHER
The Virus must have been scanned by the EOP virus filter.	2	NEITHER
The Virus Detection and Blocking Service Level shall not apply to: i. Forms of email abuse not classified as malware, such as spam, phishing and other scams, adware, and forms of spyware, which due to its targeted nature or limited use is not known to the anti-virus community and thus not tracked by anti-virus products as a virus. ii. Corrupt, defective, truncated, or inactive viruses contained in NDRs, notifications, or bounced emails.	2	NEITHER
The Service Credit available for the Virus Detection and Blocking Service is: 25% Service Credit of Applicable Monthly Service Fee if an infection occurs in a calendar month, with a maximum of one claim allowed per calendar month.	2	NEITHER
“Spam Effectiveness” is defined as the percentage of inbound spam detected by the filtering system, measured on a daily basis.	2	NEITHER
Spam effectiveness estimates exclude false negatives to invalid mailboxes	2	NEITHER
The spam message must be processed by our service and not be corrupt, malformed, or truncated.	2	NEITHER
The Spam Effectiveness Service Level does not apply to email containing a majority of non-English content.	2	NEITHER
You acknowledge that classification of spam is subjective and accept that we will make a good faith estimation of the spam capture rate based on evidence timely supplied by you.	2	NEITHER
“False Positive” is defined as the ratio of legitimate business email incorrectly identified as spam by the filtering system to all email processed by the service in a calendar month.	2	NEITHER
Complete, original messages, including all headers, must be reported to the abuse team.	2	NEITHER
Applies to email sent to valid mailboxes only.	2	NEITHER
You acknowledge that classification of false positives is subjective and understand that we will make a good faith estimation of the false positive ratio based on evidence timely supplied by you.	2	NEITHER
This False Positive Service Level shall not apply to: i. bulk, personal, or pornographic email, ii. email containing a majority of non-English content, iii. email blocked by a policy rule, reputation filtering, or SMTP connection filtering iv. email delivered to the junk folder	2	NEITHER
“Email Delivery Time” is defined as the average of email delivery times, measured in minutes over a calendar month, where email delivery is defined as the elapsed time from when a business email enters the EOP network to when the first delivery attempt is made.	2	NEITHER
Email Delivery Time is measured and recorded every 5 minutes, then sorted by elapsed time. The fastest 95% of measurements are used to create the average for the calendar month.	2	NEITHER
We use simulated or test emails to measure delivery time.	2	NEITHER
The Email Delivery Service Level applies only to legitimate business email (non-bulk email) delivered to valid email accounts.	2	NEITHER
For the Oracle Video Plus (formerly Sauce mobile client) component of the Oracle Content and Experience Cloud Service - Advanced Video Management, the second paragraph of section 1.1 of the Oracle Cloud Hosting and Delivery Policies regarding alignment with ICO/IEC 27002 Code of Practice does not apply.	2	NEITHER
Oracle PaaS and IaaS Public Cloud Services may be provisioned at multiple data centers, and depending on product capability, availability, and customer solution design, You may be able to configure such Cloud Services with disaster recovery capabilities.	2	NEITHER
“VCN” is a customizable private network within the Oracle Cloud Infrastructure cloud.	2	NEITHER
This subsection (Service Credits) sets forth the terms regarding the grant to You of service credits (“Service Credits”) under a Service Level Agreement set forth in this section (Oracle PaaS and IaaS Public Cloud Service Level Agreement Policy) arising from Oracle’s failure to meet a Service Commitment with respect to an applicable Oracle PaaS or IaaS Public Cloud Service.	2	NEITHER
The grant of these Service Credits are YOUR EXCLUSIVE REMEDY AND ORACLES ENTIRE LIABILITY when Oracle has not met a Service Commitment for a Service Level Agreement under this section (Oracle PaaS and IaaS Public Cloud Service Level Agreement Policy)	2	NEITHER
Service Credits will only be provided for the specific Cloud Service for which the applicable Service Commitment has not been met.	2	NEITHER
With the (i) percentage amount (the “Service Credit Percentage”) as set forth in the Service Commitment specified for such Cloud Service in this section (Oracle PaaS and IaaS Public Cloud Service Level Agreement Policy)	2	NEITHER
And (ii) the fees and usage based on the rate(s) and metric(s) set forth for such Cloud Service in Your order (pro-rated as necessary).	2	NEITHER
With respect to Cloud Services purchased under a Pay as You Go Model, any Service Credits will be added to Your Pay as You Go balance in the calendar month following Oracle’s approval of Your claim.	2	NEITHER
Any unused Service Credits will expire at the end of the calendar month in which the Service Credits are granted and You may not carry those Service Credits over to another month.	2	NEITHER
The name(s) of the Impacted Services that had Excess Consumption, the Region in which the applicable Impacted Service(s) had Excess Consumption	2	NEITHER
The names of the relevant OCIDs, including tenancy OCID, compartment(s) OCID, and affected resource OCID(s)	2	NEITHER
A description of Your attempts to resolve the issue at the time of occurrence, including information on Your implementation of recommendations received from the DDoS Mitigation Specialist	2	NEITHER
Relevant documentation/logs (such as audit console and OS events/logs) that can confirm that the applicable Impacted Service(s) experienced Excess Consumption.	2	NEITHER
After reviewing Your claim, if the Service Credit Requests Validation Team determines that the incident was a valid Layer 7 DDoS attack and that the underlying Impacted Services automatically scaled to absorb the attack	2	NEITHER
With respect to WAF Services purchased under a Pay as You Go Model, any WAF Service Credits will be added to Your Pay as You Go balance in the calendar month following Oracle’s approval of Your claim.	2	NEITHER
VMware Carbon Black Cloud and VMware Carbon Black® Hosted EDRTM service offerings (each, as applicable, a “Service”) are cloud-based Endpoint security services.	2	NEITHER
Other reasons causing of lack of access to the NSX Advanced Load Balancer cloud services portal or to the NSX Advanced Load Balancer Hosted Controller Service portal will not be considered an SLA Event, including but not limited to (i) customer-facing network connectivity issues, and (ii) customer de-registering NSX Advanced Load Balancer Controller(s) from the cloud services, breaking connectivity.	2	NEITHER
Unavailability of all services in the NSX Advanced Load Balancer cloud services will have no impact to existing load balanced applications and customer’s ability to deploy new load balanced applications.	2	NEITHER
All existing NSX Advanced Load Balancer Service Engines and the hosted load balanced applications will continue to function without any disruption.	2	NEITHER
New NSX Advanced Load Balancer Service Engines can continue to be created up to 100% of available active subscription capacity per registered NSX Advanced Load Balancer Controller with an additional 10% buffer.	2	NEITHER
The following will be considered an SLA Event for the Service Offering: • A user cannot successfully authenticate and access the user interface of the Service. Offering for more than five (5) consecutive minutes (excluding failures to authenticate or access resulting from an issue on the customer’s network or authentication service, if applicable).	2	NEITHER
The total minutes that the Service Offering is Unavailable for a particular SLA Event is measured from the time that VMware validates the SLA Event has occurred, as defined below, until the time that VMware resolves the SLA Event such that the Service Offering is Available to you.	2	NEITHER
If two or more SLA Events occur simultaneously, the SLA Event with the longest duration will be used to determine the total minutes Unavailable.	2	NEITHER
bugs in code or services for which there is no commercially reasonable known fix (even if there is a known work around).	2	NEITHER
VMware’s monitoring tools, data, and records will be the sole source of information used to track and validate Availability.	2	NEITHER
This SLA applies only to a customer’s production environment of the Service, and not to any non-production environment, including, without limitation, testing, staging, evaluation, or proof of concept.	2	NEITHER

In the event of a conflict between the terms of this SLA and the terms of the AWS Customer Agreement or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

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Service Credits are calculated as a percentage of the charges paid by you for the Multi-AZ Domain that did not meet the Service Commitment in a billing cycle in accordance with the schedule below.

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We will apply any Service Credits only against future CloudSearch payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred.

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A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD).

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(i) the words "SLA Credit Request" in the subject line, (ii) the dates and times of each Unavailability incident you are claiming, (iii) the names and the AWS regions of the affected Multi-AZ Domains, and (iv) your Request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

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Monthly Uptime Percentage for a given Multi-AZ Domain is calculated by subtracting from 100% the percentage of 5 minute intervals during the monthly billing cycle in which the Multi-AZ Domain was Unavailable. If you have been running that Multi-AZ Domain for only part of the month, your Multi-AZ Domain is assumed to be 100% available for the portion of the month that it was not running. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any CloudSearch SLA Exclusions.

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Multi-AZ Domain means a CloudSearch domain with the Multi-AZ parameter set to true. " "Unavailable" and “Unavailability” mean that all Requests to the running Multi-AZ Domain during a 5-minute interval fail with Errors. If you did not make any Requests in a given 5-minute interval, that interval is assumed to be 100% available.

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A “Request” is a customer-initiated Upload or Search operation as described in the CloudSearch Documentation on the AWS Site.

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An “Error” is any Request that returns a 500 or 503 error code. A "Service Credit" is a dollar credit, calculated as set forth above, that we may credit back to an eligible account.

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This SLA applies separately to each account using Amazon CloudFront. Unless otherwise provided herein, this SLA is subject to the terms of the AWS Agreement and capitalized terms will have the meaning specified in the AWS Agreement. We reserve the right to change the terms of this SLA in accordance with the AWS Agreement

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The billing cycle and AWS regions with respect to which you are claiming Service Credits, together with the Monthly Uptime Percentage for that AWS region for the billing cycle and the specific dates, times, and Availabilities for each 5-minute interval with less than 100% Availability in that AWS region throughout the billing cycle.

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Your Request logs that document the errors for your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

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That result from you not following the guidelines and best practices described in the Amazon Chime SDK Documentation on the AWS Site, (iv) that results from you not following the recommendations provided in an AWS Well-Architected Review, (v) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control), or (vi) arising from our suspension or termination of your right to use Amazon Chime SDK in accordance with the Agreement (collectively, the “Amazon Chime SDK SLA Exclusions”).

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A well-architected review is considered complete if all risks classified as “High” or greater have been addressed.

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The Service Commitment does not apply to any unavailability, suspension or termination of Amazon Aurora, or any other Amazon Aurora performance issues, directly or indirectly : (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Amazon Aurora, (ii) that result from any voluntary actions or inactions from you.

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(iii) that result from instances belonging to the Micro DB instance class or other instance classes which have similar CPU and memory resource limitations, (iv) that result from you not following the basic operational guidelines described in the Amazon Aurora User Guide (e.g., overloading a database instance to the point it is inoperable, creating an excessively large number of tables that significantly increases the recovery time, etc.), (v) caused by underlying database engine software that leads to repeated database crashes or an inoperable database instance.

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IBM provides the following service level agreements (SLAs) for Cloud Services when IBM is listed as the Provider value in the IBM Cloud Catalog For 3rd party services, the SLA, if provided, will be set out in the 3rd party vendor terms for that service.

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No credits will be due for failure to meet an SLA because of problems with: Client or community provided content, technology, designs, or instructions, non-IBM build-packs, unsupported system configurations and platforms.

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Client infrastructure failures, including network, hardware, facility, or power, Client system administration actions, commands, or file transfers, Client errors or failures to provide needed information or access to resolve an outage, time to reload, configure, enable, or access content or include other services indirectly affected by an outage, Client-caused security incidents or Client security testing, or other causes beyond IBMs reasonable control.

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Some services provide Client with infrastructure capabilities where Client is responsible for the implementation and management of said infrastructure

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For such User-Managed Services, eligible downtime is limited to a disruption due to failures or planned maintenance involving any of the following: i) private or public network, ii) infrastructure power, or iii) HVAC infrastructure.

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The Tier 1 SLA applies to most services and configurations not specified in a higher tier. This includes service plans where Client instantiates a single service instance that is hosted in a single data center.

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A single service instance that is hosted in a single data center.

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Configurations of two instances of eligible services providing redundancy. Level 2 eligible services are listed in the table in section 6.

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Client selects: ● an available HA configuration from the UI catalog, or ● at least three sets of eligible User Managed service resources in three different Availability Zones for a common workload. An availability zone is a data processing facility with independent electrical, mechanical and network infrastructures. Level 2 eligible services are listed in the table in section 6.

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Eligible IBM services that are implemented across at least two or more regions providing high levels of redundancy. Level 2 eligible services are listed in the table in section 6.

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To expedite the processing of SLA claims, when submitting a claim, Client should provide as much information as possible.

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Each offering supports at least one Availability SLA tier, and many offerings support multiple tiers. For multi-tier offerings, the applicable tier will depend on the client deployed configuration.

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To the extent Client leverages any other services or runtimes within IBM Cloud related to its APIs, those respective SLAs shall apply (i.e., there shall be no duplication of SLA credits).

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Any failure of Client owned components when API calls are routed through Client owned components, such as an API Gateway, that are paired with the IBM API Connect Dedicated offering do not count toward Downtime and are not eligible for SLA credit.

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For Satellite-hosted services deployed on infrastructure not managed by IBM, the Tier 1 SLA applies, and unavailability attributed to infrastructure failures will not be counted in downtime calculations.

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Errors are requests with a response code greater than or equal to 500.

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Downtime is the total number of accrued minutes where every request made in a clock minute either returns an error or the instance is unavailable (as recorded by IBMs standard monitoring tools).

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For a Dedicated Cloudant Instance in IBM Cloud Dedicated, Downtime excludes any minute during which the request rate exceeds a peak of 500 requests per second.

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In addition to the IBM Cloud Service Description, the Downtime definition specific to this Cloud Service is: Downtime is the number of accrued minutes where every connection request to a database instance fails in a clock minute.

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Service level time periods exclude any time required to reload the operating system or applications or time performance may be degraded.

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If we do not achieve and maintain the Service Levels for each Service as described in this SLA

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You can review the most current version of this SLA at any time by visiting http://www.microsoftvolumelicensing.com/SLA.

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This SLA provides information on Services currently available. Earlier versions of this document are available at http://www.microsoftvolumelicensing.com. To find the needed version, a customer may contact its reseller or Microsoft Account Manager.

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That result from your failure to adhere to any required configurations, use supported platforms, follow any policies for acceptable use, or your use of the Service in a manner inconsistent with the features and functionality of the Service (for example, attempts to perform operations that are not supported) or inconsistent with our published guidance.

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Additional Terms: Service Credits are applicable only to fees attributable to your use of Process Automation functionality within the Automation Service. No SLA is provided for the Free tier of the Automation Service.

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Service Level Exceptions: The Service Levels and Service Credits are applicable to your use of the Basic, Standard, and Premium tiers of the BizTalk Services. The Developer tier of the Microsoft Azure BizTalk Services is not covered by this SLA.

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Additional Terms: Service credit will be applied to the individual service that was unavailable. For example, if Customer is using SMS and Chat services, and the SMS service does not meet SLA, Customer would receive a credit for the SMS usage, not the chat usage.

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The available minutes are based only on services that are in the control of Azure Communication Services, this excludes third party services such as telecommunications providers and carriers.

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Microsoft will review data from any commercially reasonable independent measurement system used by Customer.

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Measurement System tests (frequency of at least one test per hour per agent) will be configured to perform one HTTP GET operation according to the model below: 1. A test file will be placed on Customter’s origin (e.g., Azure Storage account).

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The GET operation will retrieve the file through the CDN Service, by requesting the object from the appropriate Microsoft Azure domain name hostname

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The test file will meet the following criteria: i. The test object will allow caching by including explicit “Cache-control: public” headers, or lack of “Cache-Control: private” header. ii. The test object will be a file at least 50KB in size and no larger than 1MB. iii. Raw data will be trimmed to eliminate any measurements that came from an agent experiencing technical problems during the measurement period.

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Microsoft will review data from any commercially reasonable independent measurement system used by Customer.

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Measurement System tests (frequency of at least one test per 5 minutes per agent) will be configured to perform one HTTP GET operation according to the model below.

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A test file will be placed on Customer’s backend (e.g., Azure Storage account).

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The GET operation will retrieve the file through Azure Front Door and Azure Front Door (classic), by requesting the object from the appropriate Microsoft Azure domain name hostname.

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The test file will meet the following criteria: • The test object will be a file at least 50KB in size. • Raw data will be trimmed to eliminate any measurements that came from an agent experiencing technical problems during the measurement period.

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“Virus Detection and Blocking” is defined as the detection and blocking of Viruses by the filters to prevent infection. “Viruses” is broadly defined as known malware, which includes viruses, worms, and Trojan horses.

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A Virus is considered known when widely used commercial virus scanning engines can detect the virus and the detection capability is available throughout the EOP network.

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Must result from a non-purposeful infection.

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The Virus must have been scanned by the EOP virus filter.

2

NEITHER

The Virus Detection and Blocking Service Level shall not apply to: i. Forms of email abuse not classified as malware, such as spam, phishing and other scams, adware, and forms of spyware, which due to its targeted nature or limited use is not known to the anti-virus community and thus not tracked by anti-virus products as a virus. ii. Corrupt, defective, truncated, or inactive viruses contained in NDRs, notifications, or bounced emails.

2

NEITHER

The Service Credit available for the Virus Detection and Blocking Service is: 25% Service Credit of Applicable Monthly Service Fee if an infection occurs in a calendar month, with a maximum of one claim allowed per calendar month.

2

NEITHER

“Spam Effectiveness” is defined as the percentage of inbound spam detected by the filtering system, measured on a daily basis.

2

NEITHER

Spam effectiveness estimates exclude false negatives to invalid mailboxes

2

NEITHER

The spam message must be processed by our service and not be corrupt, malformed, or truncated.

2

NEITHER

The Spam Effectiveness Service Level does not apply to email containing a majority of non-English content.

2

NEITHER

You acknowledge that classification of spam is subjective and accept that we will make a good faith estimation of the spam capture rate based on evidence timely supplied by you.

2

NEITHER

“False Positive” is defined as the ratio of legitimate business email incorrectly identified as spam by the filtering system to all email processed by the service in a calendar month.

2

NEITHER

Complete, original messages, including all headers, must be reported to the abuse team.

2

NEITHER

Applies to email sent to valid mailboxes only.

2

NEITHER

You acknowledge that classification of false positives is subjective and understand that we will make a good faith estimation of the false positive ratio based on evidence timely supplied by you.

2

NEITHER

This False Positive Service Level shall not apply to: i. bulk, personal, or pornographic email, ii. email containing a majority of non-English content, iii. email blocked by a policy rule, reputation filtering, or SMTP connection filtering iv. email delivered to the junk folder

2

NEITHER

“Email Delivery Time” is defined as the average of email delivery times, measured in minutes over a calendar month, where email delivery is defined as the elapsed time from when a business email enters the EOP network to when the first delivery attempt is made.

2

NEITHER

Email Delivery Time is measured and recorded every 5 minutes, then sorted by elapsed time. The fastest 95% of measurements are used to create the average for the calendar month.

2

NEITHER

We use simulated or test emails to measure delivery time.

2

NEITHER

The Email Delivery Service Level applies only to legitimate business email (non-bulk email) delivered to valid email accounts.

2

NEITHER

For the Oracle Video Plus (formerly Sauce mobile client) component of the Oracle Content and Experience Cloud Service - Advanced Video Management, the second paragraph of section 1.1 of the Oracle Cloud Hosting and Delivery Policies regarding alignment with ICO/IEC 27002 Code of Practice does not apply.

2

NEITHER

Oracle PaaS and IaaS Public Cloud Services may be provisioned at multiple data centers, and depending on product capability, availability, and customer solution design, You may be able to configure such Cloud Services with disaster recovery capabilities.

2

NEITHER

“VCN” is a customizable private network within the Oracle Cloud Infrastructure cloud.

2

NEITHER

This subsection (Service Credits) sets forth the terms regarding the grant to You of service credits (“Service Credits”) under a Service Level Agreement set forth in this section (Oracle PaaS and IaaS Public Cloud Service Level Agreement Policy) arising from Oracle’s failure to meet a Service Commitment with respect to an applicable Oracle PaaS or IaaS Public Cloud Service.

2

NEITHER

The grant of these Service Credits are YOUR EXCLUSIVE REMEDY AND ORACLES ENTIRE LIABILITY when Oracle has not met a Service Commitment for a Service Level Agreement under this section (Oracle PaaS and IaaS Public Cloud Service Level Agreement Policy)

2

NEITHER

Service Credits will only be provided for the specific Cloud Service for which the applicable Service Commitment has not been met.

2

NEITHER

With the (i) percentage amount (the “Service Credit Percentage”) as set forth in the Service Commitment specified for such Cloud Service in this section (Oracle PaaS and IaaS Public Cloud Service Level Agreement Policy)

2

NEITHER

And (ii) the fees and usage based on the rate(s) and metric(s) set forth for such Cloud Service in Your order (pro-rated as necessary).

2

NEITHER

With respect to Cloud Services purchased under a Pay as You Go Model, any Service Credits will be added to Your Pay as You Go balance in the calendar month following Oracle’s approval of Your claim.

2

NEITHER

Any unused Service Credits will expire at the end of the calendar month in which the Service Credits are granted and You may not carry those Service Credits over to another month.

2

NEITHER

The name(s) of the Impacted Services that had Excess Consumption, the Region in which the applicable Impacted Service(s) had Excess Consumption

2

NEITHER

The names of the relevant OCIDs, including tenancy OCID, compartment(s) OCID, and affected resource OCID(s)

2

NEITHER

A description of Your attempts to resolve the issue at the time of occurrence, including information on Your implementation of recommendations received from the DDoS Mitigation Specialist

2

NEITHER

Relevant documentation/logs (such as audit console and OS events/logs) that can confirm that the applicable Impacted Service(s) experienced Excess Consumption.

2

NEITHER

After reviewing Your claim, if the Service Credit Requests Validation Team determines that the incident was a valid Layer 7 DDoS attack and that the underlying Impacted Services automatically scaled to absorb the attack

2

NEITHER

With respect to WAF Services purchased under a Pay as You Go Model, any WAF Service Credits will be added to Your Pay as You Go balance in the calendar month following Oracle’s approval of Your claim.

2

NEITHER

VMware Carbon Black Cloud and VMware Carbon Black® Hosted EDRTM service offerings (each, as applicable, a “Service”) are cloud-based Endpoint security services.

2

NEITHER

Other reasons causing of lack of access to the NSX Advanced Load Balancer cloud services portal or to the NSX Advanced Load Balancer Hosted Controller Service portal will not be considered an SLA Event, including but not limited to (i) customer-facing network connectivity issues, and (ii) customer de-registering NSX Advanced Load Balancer Controller(s) from the cloud services, breaking connectivity.

2

NEITHER

Unavailability of all services in the NSX Advanced Load Balancer cloud services will have no impact to existing load balanced applications and customer’s ability to deploy new load balanced applications.

2

NEITHER

All existing NSX Advanced Load Balancer Service Engines and the hosted load balanced applications will continue to function without any disruption.

2

NEITHER

New NSX Advanced Load Balancer Service Engines can continue to be created up to 100% of available active subscription capacity per registered NSX Advanced Load Balancer Controller with an additional 10% buffer.

2

NEITHER

The following will be considered an SLA Event for the Service Offering: • A user cannot successfully authenticate and access the user interface of the Service. Offering for more than five (5) consecutive minutes (excluding failures to authenticate or access resulting from an issue on the customer’s network or authentication service, if applicable).

2

NEITHER

The total minutes that the Service Offering is Unavailable for a particular SLA Event is measured from the time that VMware validates the SLA Event has occurred, as defined below, until the time that VMware resolves the SLA Event such that the Service Offering is Available to you.

2

NEITHER

If two or more SLA Events occur simultaneously, the SLA Event with the longest duration will be used to determine the total minutes Unavailable.

2

NEITHER

bugs in code or services for which there is no commercially reasonable known fix (even if there is a known work around).

2

NEITHER

VMware’s monitoring tools, data, and records will be the sole source of information used to track and validate Availability.

2

NEITHER

This SLA applies only to a customer’s production environment of the Service, and not to any non-production environment, including, without limitation, testing, staging, evaluation, or proof of concept.

2

NEITHER