Cloud Service License Agreement

These penalties are often in the form of credits for service time. Objectives for the level of availability of the service. MODX Cloud makes reasonable efforts to achieve the service availability target of 99.99% network availability, except during scheduled maintenance (“Service Commitment”). Notwithstanding the foregoing, the customer acknowledges that the Internet consists of thousands and thousands of standalone systems that are not under the control of MODX Cloud. Routing anomalies, asymmetries, inconsistencies, and failures of the Internet outside of MODX Cloud`s control can and will occur, and such instances are not considered a 99.99% network availability failure. While the customer is free to control network availability on its systems and other monitoring services, MODX Cloud proactively monitors network availability and the results of these monitoring systems make it possible to determine network availability alone and exclusively. According to the CLOUD SUPPORT POLICY (see below), response time targets primarily include customer sites with custom domains configured and the MODX CLOUD dashboard. . . .