Terms of Service

For the purposes of this Agreement:

MACROMIND provides cloud infrastructure services including but not limited to virtual machine instances, container environments, object and block storage, cloud networking, IP address allocations, and related managed services. MACROMIND may also offer dedicated server services as part of specific product offerings or future expansions of its portfolio.

MACROMIND will make commercially reasonable efforts to provide the Services in accordance with the service description presented at the time of purchase.

The Subscriber acknowledges that cloud infrastructure services may be subject to maintenance, upgrades, hardware failures, network interruptions, or other operational factors inherent to cloud computing environments.

MACROMIND does not guarantee uninterrupted service availability. Network uptime targets and the applicable credit remedy are described in Sections 27–28 (Service Level Agreement); those sections establish commercial targets only and do not constitute a guarantee of availability.

MACROMIND reserves the right to refuse service to any individual or entity at its sole discretion, including but not limited to situations involving suspected fraud, abuse risk, violation of applicable laws, applicable sanctions, or other operational concerns.

The Subscriber agrees to provide accurate and complete information when creating an account or placing an order.

The Subscriber represents and warrants that they are not subject to any applicable economic or trade sanctions, including those administered or enforced by the United States, the European Union, or other relevant authorities, and that they will not use the Services in violation of such sanctions or export control laws.

The Subscriber is responsible for maintaining accurate and current contact information on their account, including a valid email address through which MACROMIND may deliver all notices, invoices, suspension warnings, and other communications. MACROMIND's obligation to provide notice is satisfied by sending notice to the email address on file. MACROMIND is not responsible for failure of notice where the Subscriber has provided inaccurate or outdated contact information.

MACROMIND reserves the right to suspend or terminate Services if it determines, acting reasonably and in good faith, that a Subscriber may be subject to applicable sanctions, in violation of export control laws, or engaged in fraudulent or high-risk activity. MACROMIND may use automated fraud detection, risk scoring, and third-party verification systems to assess orders, payments, and account activity.

Notice and Immediate Action

Where reasonably practicable, MACROMIND will provide the Subscriber with notice of a suspension or termination action and may, acting reasonably and in good faith, allow the Subscriber an opportunity to provide clarification within five (5) Business Days. MACROMIND may, however, act immediately and without prior notice where: (a) required to comply with applicable law or regulatory obligations; (b) immediate action is necessary to prevent fraud, abuse, or other material risk; or (c) continued operation poses a risk to network integrity or other customers.

Suspension Review

A Subscriber whose account has been suspended may submit a written request for review through the support portal within ten (10) Business Days of the suspension notice. MACROMIND will acknowledge the request within five (5) Business Days and, where it determines that a suspension was applied in error, will restore access without undue delay.

The Subscriber is responsible for maintaining the security of account credentials and for all activities conducted under their account. MACROMIND reserves the right to request identity verification or additional information where necessary to prevent fraud, abuse, or violation of applicable laws.

All Services must be paid in advance unless otherwise agreed in writing. Failure to pay in advance may result in service suspension or termination. Data removal following non-payment is governed by the schedules set forth in Section 24.

Fees paid for Services are non-refundable in monetary form. Any adjustments or credits, where applicable under this Agreement, are issued exclusively as Account Credit as defined in Section 25.4 and may be applied toward future Services.

MACROMIND reserves the right to change pricing for Services with no less than thirty (30) calendar days' prior written notice. Continued use of the Services after the notice period constitutes acceptance of the revised pricing.

All accounts and services provided by MACROMIND are subject to applicable taxes imposed by the State of Florida and the United States federal government.

Monthly Services

Monthly services are billed for a thirty (30) day period beginning from the date payment is received. Subsequent payments are due on the renewal date corresponding to the start of the billing cycle.

Hourly / On-Demand Services

Where MACROMIND offers hourly or on-demand Cloud Instance billing, charges accrue per hour of active use beginning from the time the instance is provisioned. Invoices for hourly services are generated and charged at the end of each billing cycle (daily or monthly, as specified at time of purchase). The Subscriber is responsible for terminating instances they no longer require; running instances continue to accrue charges regardless of utilization.

The Subscriber agrees not to use the Services for any unlawful, abusive, or harmful activity. Detailed prohibited activities are set out in the Acceptable Use Policy available at macromind.net/policy, which forms an integral part of this Agreement.

The use of MACROMIND Services for the transmission of unsolicited bulk communications ("spam") is strictly prohibited. Spam-related rules, enforcement, and cost recovery provisions are set out in the Acceptable Use Policy at macromind.net/policy.

Abuse reports and spam complaints may be directed to: abuse@macromind.net.

IP addresses provided as part of the Services remain the property of MACROMIND or its upstream providers. The Subscriber may only use IP resources for legitimate purposes consistent with applicable policies and regulations.

MACROMIND reserves the right to modify or reassign IP addresses if necessary for operational, routing, or regulatory reasons.

The Subscriber acknowledges that IP addresses provided as part of the Services may have prior usage history and associated reputation, including potential blacklist listings or restrictions imposed by third-party networks. MACROMIND does not guarantee that any assigned IP address will be free from such history or restrictions and shall not be responsible for any resulting limitations.

Where the Subscriber uses their own IP address resources through BGP or similar routing mechanisms, the Subscriber is responsible for ensuring that all routing authorizations, registry records, and compliance requirements are properly maintained.

All Customer Content stored or transmitted using the Services remains the sole responsibility of the Subscriber. The Subscriber represents and warrants that it has all necessary rights to store and process such content.

The Subscriber grants MACROMIND a limited license to host, transmit, reproduce, and process Customer Content solely to the extent necessary to operate and maintain the Services. MACROMIND does not claim ownership of Customer Content and does not sell Customer Content to third parties.

MACROMIND may access or disclose Customer Content only when reasonably necessary to provide Services, investigate abuse, comply with legal obligations, or protect the rights and safety of MACROMIND or others.

MACROMIND may perform periodic snapshots of Cloud Instance storage for its own internal disaster recovery and infrastructure continuity purposes. These snapshots are not guaranteed to be consistent, complete, or recoverable, and are not available to Subscribers for self-service restore unless a managed backup add-on has been explicitly purchased.

MACROMIND does not guarantee the recovery of data lost due to accidental deletion by the Subscriber or third parties, software errors, security incidents, or corruption of data. MACROMIND shall not be liable for data loss resulting from hardware failures, system failures, instance termination, or actions performed by the Subscriber or third parties.

MACROMIND does not guarantee the availability or recoverability of Customer Content unless explicitly included in a separate backup service agreement.

MACROMIND does not guarantee the retention, availability, or integrity of any logs, metadata, or monitoring data unless explicitly agreed in writing as part of a specific service. Such data may be deleted, rotated, or overwritten at any time in accordance with internal operational practices.

The Subscriber may permit employees, contractors, customers, or other third parties to access or use the Services. The Subscriber remains the sole contractual party responsible for the Services and is fully responsible for all actions, omissions, and activities conducted by any third party using the Services through the Subscriber's account or infrastructure.

The Subscriber may resell or provide access to the Services to third parties. The Subscriber must ensure that all such third parties comply with this Agreement, including the Acceptable Use Policy. Any violation by a third party shall be deemed a violation by the Subscriber.

MACROMIND does not have a direct relationship with any third-party end users. All contractual and legal responsibility remains solely with the Subscriber.

The Subscriber is responsible for maintaining accurate records of any third parties to whom the Services are resold or provided. MACROMIND reserves the right to take enforcement action, including suspension or termination, regardless of whether the violation originates from the Subscriber or any third party.

The Subscriber agrees to indemnify and hold harmless MACROMIND against any claims, damages, or liabilities arising from third-party use of the Services.

MACROMIND reserves the right to suspend Services where necessary to: address security threats; prevent abuse or illegal activity; enforce this Agreement; or comply with legal requirements.

Where reasonably possible, MACROMIND will provide notice to the Subscriber regarding such suspension. However, suspension may occur without prior notice in the circumstances described in Section 3 (Notice and Immediate Action).

In situations where continued operation may pose an immediate risk to the network, infrastructure, other customers, or third parties, MACROMIND may immediately suspend or disable Services without prior notice.

Suspended accounts retain their data for the period specified in Section 24. Suspension does not constitute termination.

The Subscriber may cancel Services at any time through the MACROMIND dashboard at dashboard.macromind.net or by submitting a request to support. Cancellation will take effect at the end of the current billing period unless otherwise specified. For hourly/on-demand instances, termination takes effect immediately upon the Subscriber's request and charges cease from that point.

MACROMIND may terminate Services immediately in cases of: violation of this Agreement; non-payment, subject to the notice and suspension periods set out in Section 24; fraudulent activity; or illegal use of Services.

Upon termination, all access to Services will be revoked. Customer Content will be deleted according to the following schedule: for monthly services, within three (3) days of termination; for hourly/on-demand services, immediately upon expiry or termination. MACROMIND has no obligation to retain or recover Customer Content after these periods.

MACROMIND reserves the right to replace, upgrade, or reconfigure hardware and software components used to provide the Services at any time, with or without prior notice where reasonably necessary for operational, maintenance, or reliability purposes.

Such changes may include live migration of Cloud Instances, storage devices, or configurations to alternative infrastructure without prior notice. MACROMIND does not guarantee the use of any specific hardware model, hypervisor version, or configuration, provided that the overall service specifications are substantially and materially maintained.

Such activities may occasionally result in temporary service interruptions. MACROMIND will make reasonable efforts to minimize disruptions and will leverage live migration capabilities where available to reduce customer-visible downtime.

14.1 General Resource Policy

MACROMIND reserves the right to suspend, modify, or terminate Services if continued operation would exceed reasonable technical or operational capacity, or where the Subscriber's usage patterns create conditions that are unsustainable within the shared cloud infrastructure. MACROMIND may impose temporary traffic limits, resource restrictions, or other mitigation measures where necessary to protect platform stability.

14.2 Excessive Load

Subscribers are expected to use infrastructure resources in a manner consistent with normal cloud workloads. Conditions that may trigger enforcement include: excessive or abnormal sustained load on network infrastructure, storage systems (including I/O throughput and IOPS), CPU, memory, or power consumption. What constitutes excessive or abnormal load shall be determined by MACROMIND in its sole discretion, acting consistently with standard cloud hosting industry practices.

14.3 Cloud Instance Operational Parameters

Cloud Instances are provided on the basis that the Subscriber's workload is consistent with normal cloud computing operations. The following activities are prohibited on all Cloud Instance services absent a separate written agreement:

• Cryptocurrency mining in any form, unless explicitly permitted under a separate written agreement with MACROMIND;
• Sustained utilization of CPU, memory, or network resources at levels that materially degrade the shared cloud infrastructure;
• Any activity that results in abnormal power consumption, excessive heat generation, or degradation of data center infrastructure.

Where such conditions are identified, MACROMIND will notify the Subscriber and may, at its sole discretion: propose a service upgrade or custom configuration; or terminate the affected Service with no less than seven (7) days' notice. In the event of termination under this Section, MACROMIND will refund the unused portion of any prepaid service fees on a pro-rata basis.

14.4 Shared Resource Limits

To maintain platform stability, the following activities are strictly prohibited on all cloud services:

• Cryptocurrency mining in any form;
• Sustained CPU, memory, or I/O utilization at levels that consistently and materially degrade the performance of other Subscribers on the same infrastructure;
• Any activity prohibited under Section 5 (Acceptable Use) that results in excessive load on MACROMIND's network or IP reputation.

MACROMIND may apply technical rate-limiting or throttling to enforce these limits without prior notice.

14.5 Storage Service Usage Policy

Object and block storage services are provided on shared infrastructure. To ensure stability for all Subscribers: MACROMIND reserves the right to rate-limit or suspend a storage service if disk I/O activity is consistently high and degrades the performance of the underlying storage cluster. Storage services are intended for application data, backups, and workload storage. Using storage services as a high-traffic public download mirror, video streaming origin, or for heavy P2P activities is prohibited without a separate bandwidth agreement.

14.6 Resource-Based Rate Adjustment

If the Subscriber's resource usage consistently exceeds normal operational thresholds or materially impacts infrastructure performance, MACROMIND may, at its sole discretion: propose an upgrade to a higher-tier service or a custom pricing plan; or apply reasonable technical limitations, including rate-limiting or traffic shaping.

MACROMIND will provide notice of such conditions. If the Subscriber does not accept the proposed adjustment within ten (10) Business Days, MACROMIND reserves the right to suspend or terminate the affected Service. Termination under this subsection entitles the Subscriber to a pro-rata refund of prepaid fees for the unused portion of the service period.

14.7 Dedicated Server Services (Future Offerings)

MACROMIND may offer dedicated bare-metal server services as part of its product roadmap. Where such services are made available, they will be subject to additional operational parameters and may be governed by a separate addendum to this Agreement. Subscribers interested in dedicated server services are encouraged to contact MACROMIND at admin@macromind.net to discuss availability and applicable terms.

14.8 IP Resources

All IP addresses assigned to the Subscriber are non-portable and remain the sole property of MACROMIND. Use of IP resources must comply with ARIN and applicable technical assignment policies. Upon termination of Services, the Subscriber's right to use assigned IP addresses ceases immediately.

Except as expressly provided in Sections 27–28 (Service Level Agreement), the Services are provided on an "as is" and "as available" basis. MACROMIND makes no other representations or warranties of any kind regarding the reliability, availability, suitability, or performance of the Services.

To the fullest extent permitted by law, MACROMIND disclaims all implied warranties, including: merchantability; fitness for a particular purpose; and non-infringement.

Outside of the specific uptime targets defined in Sections 27–28, MACROMIND does not guarantee that Services will be uninterrupted, error-free, or completely secure.

16.1 Compliance with Canadian Law

MACROMIND complies with the Canadian Copyright Act regarding the "Notice and Notice" regime. As a cloud infrastructure provider, MACROMIND generally acts as a neutral intermediary and does not proactively monitor Customer Content for intellectual property violations.

16.2 Standard Infringement Notices

For standard notices received from third-party copyright holders, MACROMIND will: forward the notice electronically to the Subscriber associated with the identified IP address or service; and notify the claimant that the notice has been forwarded to the Subscriber, as required by law. Copyright notices may be submitted to abuse@macromind.net.

16.3 Trusted Reporter and Direct Enforcement

Notwithstanding Section 16.2, MACROMIND may maintain direct cooperation or "Trusted Reporter" agreements with specific copyright holders, industry organizations, or law enforcement agencies. Where a complaint is received through these verified channels, MACROMIND reserves the right to immediately suspend or terminate Services without prior notice, pursuant to the rights set forth in Sections 11 and 12.

16.4 Subscriber Responsibility

The Subscriber is solely responsible for resolving any copyright disputes with the claimant. MACROMIND is not required to act as an arbiter in such disputes and shall not be liable for any service interruptions or business impact resulting from actions taken under this Section.

16.5 Mandatory Record Retention

In accordance with the Copyright Act, MACROMIND will retain all records identifying the Subscriber associated with an infringement notice for a period of six (6) months from the date of the notice, or up to twelve (12) months if formal legal proceedings are initiated by the claimant.

16.6 Repeat Infringer Policy

MACROMIND reserves the right, at its sole discretion, to permanently terminate the account and all Services of any Subscriber who is deemed a repeat infringer or who fails to adequately address multiple infringement notices.

MACROMIND shall not be liable for any damages, including but not limited to: loss of data; loss of revenue; loss of business opportunities; service interruptions; or indirect or consequential damages.

For any claim not related to SLA-covered downtime, total liability shall not exceed the amount paid by the Subscriber for the affected Services during the three (3) months preceding the event giving rise to the claim. For claims related to service interruptions or downtime covered by the SLA in Section 27, the Subscriber's sole remedy is the service credit described in Section 28. The maximum credit under Section 28 is one (1) month's recurring service fee.

These two liability caps operate independently: the SLA credit cap applies exclusively to downtime claims; the three-month cap applies to all other claims.

Subscribers agree that any disputes or claims against MACROMIND must be brought individually, and not as a class, consolidated, or representative action.

The Subscriber agrees to indemnify and hold harmless MACROMIND, its employees, officers, and affiliates from any claims or damages arising from: violation of this Agreement; misuse of the Services; infringement of third-party rights; or unlawful activities conducted through the Services.

MACROMIND shall not be liable for any delay or failure to perform obligations due to events beyond its reasonable control, including but not limited to natural disasters, power failures, network outages, acts of war, civil unrest, governmental actions, labor disputes, or similar circumstances.

Any obligations affected by such events shall be suspended for the duration of the event. If such conditions continue for more than thirty (30) consecutive days and materially prevent the delivery of Services, either party may terminate the affected Services without further liability.

20.1 Legal Basis and General Principles

MACROMIND collects and processes personal information in accordance with applicable United States federal and state privacy law, including the Florida Digital Bill of Rights and, where applicable, other applicable state and federal regulations.

20.2 Disclosure to Authorities

MACROMIND may disclose Subscriber information, including IP address assignments, account records, traffic metadata, and stored content, to law enforcement authorities, regulatory bodies, or governmental agencies when required by applicable law, court order, subpoena, or other lawful request. Such disclosure may occur without prior notice to the Subscriber where MACROMIND is legally prohibited from providing such notice or where immediate disclosure is necessary to comply with legal obligations.

20.3 Data Security and Contact

Personally identifiable information transmitted through our systems is secured using appropriate encryption and security measures. Access is limited to authorized employees, agents, and contractors who require it to perform their duties. For questions regarding the handling of personal information, Subscribers may contact MACROMIND through the following channels:

20.4 Additional Provisions for EEA Subscribers

This Section applies to Subscribers located in, or who store or process personal data of individuals located in, the European Economic Area ("EEA"), United Kingdom, or Switzerland. To the extent of any conflict between this Section and Section 20, this Section prevails for EEA Subscribers.

MACROMIND acts as a data controller when processing personal data of the Subscriber itself (account information, contact details, billing records). MACROMIND acts as a data processor when the Subscriber uses the Services to store, transmit, or process personal data of third-party individuals, where the Subscriber acts as the data controller and MACROMIND processes such data solely on the Subscriber's instructions.

20.4.1 Legal Basis for Processing

MACROMIND processes personal data of EEA Subscribers under the following bases: performance of a contract (Article 6(1)(b) GDPR); compliance with a legal obligation (Article 6(1)(c) GDPR); legitimate interests (Article 6(1)(f) GDPR) for fraud prevention and network security; and consent (Article 6(1)(a) GDPR) for marketing communications where the Subscriber has opted in.

20.4.2 Categories of Personal Data Processed

MACROMIND processes: identity data (name, company name); contact data (email, phone, billing address); financial data (billing name and transaction identifiers — full payment card data is processed exclusively by Stripe and PayPal); technical data (IP addresses, instance identifiers, login timestamps, network traffic metadata); and correspondence data (support tickets and communications).

20.4.3 International Data Transfers

MACROMIND is incorporated and operates in the United States. Where MACROMIND engages sub-processors located outside the United States, MACROMIND ensures that appropriate safeguards under applicable data protection law, including Chapter V GDPR where relevant, are in place.

20.4.4 Data Processing Agreement

Where an EEA Subscriber uses the Services to store, transmit, or process personal data of third-party individuals, the Subscriber acts as the data controller and MACROMIND acts as a data processor within the meaning of Article 28 GDPR. By accepting this Agreement, the parties enter into a data processing arrangement on the following terms:

• Subject matter and duration: MACROMIND processes Customer Content solely to provide the Services for the duration of the applicable service subscription.
• Nature and purpose: Hosting, storage, transmission, and technical operation of Customer Content as directed by the Subscriber.
• Instructions: MACROMIND processes Customer Content only on documented instructions from the Subscriber.
• Confidentiality: Personnel authorized to process Customer Content are subject to confidentiality obligations.
• Security: MACROMIND implements appropriate technical and organizational measures to protect Customer Content at the physical and network infrastructure layer. The Subscriber is responsible for security at the OS, application, and data layer.
• Sub-processors: Stripe (payment processing); PayPal (payment processing); Mailchimp (opted-in news and updates). All sub-processors maintain GDPR-compliant data processing agreements. MACROMIND will notify the Subscriber no less than fifteen (15) Business Days before engaging any new or replacement sub-processor.
• Deletion: Upon termination, MACROMIND will delete Customer Content in accordance with Section 12. The Subscriber is responsible for retrieving required data before the deletion deadline.
• Audit: Permitted subject to thirty (30) Business Days advance notice and execution of a confidentiality agreement.

20.4.5 Rights of EEA Data Subjects

EEA Subscribers have the rights of access (Art. 15), rectification (Art. 16), erasure (Art. 17), restriction (Art. 18), data portability (Art. 20), objection (Art. 21), and withdrawal of consent (Art. 7(3)). Requests may be submitted through dashboard.macromind.net. MACROMIND will respond within thirty (30) days, extendable by sixty (60) days for complex requests.

20.4.6 Data Retention

Account and contact data: duration of subscription plus three (3) years. Financial records: seven (7) years. Technical logs and traffic metadata: up to ninety (90) days. Marketing email addresses: until unsubscribe or consent withdrawal. Copyright infringement records: as per Section 16.5.

20.4.7 Supervisory Authority

EEA Subscribers have the right to lodge a complaint with the data protection supervisory authority in their EU member state. A list of EEA supervisory authorities is available at edpb.europa.eu.

MACROMIND reserves the right to modify, update, or revise these Terms of Service, related policies, service descriptions, or technical specifications at any time. Subscribers will be notified of changes by email to the address on file. Changes to pricing are subject to the notice period set out in Section 4. Continued use of the Services after notification constitutes acceptance of the updated Terms.

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida, United States of America, without regard to conflict of law principles. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Orange County, Florida, United States.

This Agreement constitutes the entire agreement between the Subscriber and MACROMIND regarding the use of the Services. It supersedes any prior agreements, communications, or understandings related to the Services. MACROMIND's failure to enforce any provision of this Agreement will not constitute a waiver of MACROMIND's right to enforce that or any other provision in the future.

Monthly Services

• One (1) day before the end of the subscription period, MACROMIND will notify the Subscriber that the service will be suspended if payment is not received by the end of the billing period.
• If payment is not received by the end of the billing period, MACROMIND will suspend the service. Suspension typically occurs within twenty-four (24) hours of the payment due date.
• If the bill remains unpaid for three (3) days after the payment due date, the service will be terminated and all Customer Content will be permanently deleted in accordance with Section 12.
• The Subscriber will not be subject to termination if the outstanding balance is cleared before the termination notice is issued.

Hourly / On-Demand Services

• Where MACROMIND offers hourly or on-demand billing, any unpaid invoice that remains outstanding beyond forty-eight (48) hours of issuance may result in immediate suspension of associated Services.
• MACROMIND will notify the Subscriber by email upon issuance of the invoice and upon suspension. All Customer Content will be permanently deleted immediately upon expiry or termination of the service in accordance with Section 12.

25.1 General Policy

All payments made to MACROMIND are non-refundable unless explicitly provided otherwise in this Agreement. This policy applies to all charges, including one-time setup fees and recurring charges, regardless of actual usage.

25.2 Billing Disputes and Chargebacks

All overcharges or billing disputes must be reported within thirty (30) days of the occurrence. If a Subscriber disputes a charge to a credit card issuer (chargeback) that is later determined to be valid under this Agreement or the Acceptable Use Policy, the Subscriber agrees to pay an administrative fee of USD $100. MACROMIND reserves the right to suspend all Services and any associated accounts in the event of a chargeback.

25.3 Early Cancellation and Service Recalculation

If a Subscriber requests to change, replace, or cancel a monthly Cloud Instance before the end of the subscription period, MACROMIND may, at its sole discretion, recalculate the used portion of the service based on the applicable hourly or daily service rate. Such recalculation is available only where explicitly requested by the Subscriber and is not applied automatically.

The hourly or daily rate used for such recalculation may be higher than the prorated cost of the monthly plan, as determined at MACROMIND's sole discretion. MACROMIND reserves the right to approve or deny such adjustments at its sole discretion.

25.4 Account Credit Definition and Restrictions

Any remaining unused portion of the original payment, after recalculation, may be issued as Account Credit to the Subscriber's account balance. Subscriber acknowledges and agrees that Account Credit:

• may be used exclusively to purchase or renew other services from MACROMIND;
• holds no cash value and cannot be withdrawn, transferred, or converted into any form of currency;
• cannot be refunded to the original payment method under any circumstances.

Due to the high volume of identity theft and the use of stolen payment cards, MACROMIND may request that the Subscriber provide valid photo identification to verify ownership of the payment card used for payment. All private information is handled in accordance with the privacy provisions described in Section 20.

MACROMIND targets network uptime of 99.9%, measured by the reachability of major routing devices within the MACROMIND network from multiple independent external monitoring locations. This figure represents a commercial target only and does not constitute a guarantee, warranty, or contractual commitment of availability.

The SLA applies to network availability only. It does not apply to the performance, availability, or data integrity of any individual Cloud Instance or storage service.

Exclusions

The SLA does not apply in the following cases:

• Scheduled Network Maintenance: MACROMIND will make reasonable efforts to minimize downtime and provide advance notice. Scheduled maintenance periods are not eligible for SLA credits.
• Hardware and Software Maintenance: Maintenance or replacement of hardware components. MACROMIND will leverage live migration where possible to reduce customer-visible impact.
• Malicious Attacks: DoS, DDoS, or other malicious traffic attacks against Subscriber infrastructure or portions of the MACROMIND network. MACROMIND will take reasonable action to mitigate but cannot guarantee resolution time.
• Legal Actions: Actions taken in response to a legal order or government request.
• Subscriber-Caused Outages: Downtime caused by Subscriber actions, misconfigurations, or violations of this Agreement.
• Hypervisor and Platform Events: Cloud Instance unavailability resulting from events within the Guest OS, application, or configuration layers managed by the Subscriber.

If MACROMIND fails to meet the network uptime target described in Section 27, the Subscriber may request service credits based on verified service monitoring data. Service credits issued under this SLA constitute the Subscriber's sole and exclusive remedy for any service interruption, downtime, or network unavailability covered by Section 27.

Key Provisions

• Eligibility: Only Subscribers with active monthly services are eligible for SLA credits. Hourly/on-demand service subscribers are not eligible unless otherwise agreed in writing.
• Credit Calculation: The Subscriber will receive a credit equal to ten (10) times the actual duration of verified downtime. For example, five (5) minutes of verified network unavailability results in fifty (50) minutes of service credit.
• Exclusions: This remedy does not apply to downtime excluded under Section 27.
• Submission Deadline: All requests for SLA credit must be submitted within five (5) Business Days following the incident through the support portal at dashboard.macromind.net. Requests submitted after this period will not be considered.
• Maximum Amount: The total amount of service credit issued in any calendar month may not exceed the Subscriber's monthly recurring service fee for the affected service.
• Exclusive Remedy: The service credit constitutes the Subscriber's sole and exclusive remedy for covered downtime. No other damages, refunds, or compensation will be provided. See Section 17 for the interaction between this cap and the general liability cap.

MACROMIND provides technical support related to cloud infrastructure and network services. Support does not include assistance with application configuration, software troubleshooting, operating system administration, or customer-managed data environments, unless a managed services agreement is in place.

Support is provided exclusively through the ticket system at dashboard.macromind.net. For infrastructure-level technical matters, Subscribers may also reach the systems team directly.

Support is available twenty-four (24) hours a day, seven (7) days a week, including public holidays. MACROMIND aims to provide an initial response to support tickets within two (2) hours. This is an operational target and does not constitute a contractual service level commitment. Response times may vary during periods of high demand or exceptional circumstances. MACROMIND does not commit to specific response time SLAs unless agreed in writing as part of a separate support plan.