Amazon CloudSearch Service Level Agreement

This Amazon CloudSearch Service Level Agreement ("SLA") is a policy governing the use of Amazon CloudSearch (“CloudSearch”) and applies separately to each account using CloudSearch. 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.

AWS will use commercially reasonable efforts to make Multi-AZ Domains on CloudSearch available with a Monthly Uptime Percentage of at least 99.9% during any monthly billing cycle (the "Service Commitment"). In the event CloudSearch does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

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.

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. Service Credits will not entitle you to any refund or other payment from AWS. 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). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any Unavailability or non-performance or other failure by us to provide CloudSearch is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

To receive a Service Credit, you will need to submit a claim by opening a case in the AWS Support Center. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:

(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).

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credits to you within one billing cycle following the month in which the request occurred. Your failure to provide the request and other information as required above will disqualify you from receiving Service Credits.

The Service Commitment does not apply to any unavailability, suspension or termination of CloudSearch, or any other CloudSearch performance issues: (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 CloudSearch; (ii) that result from any voluntary actions or inactions from you; (iii) that result from operations not supported in the version of CloudSearch used on the Multi-AZ Domain; (iv) that result from you not following the best practices described in the CloudSearch FAQ on the AWS Site; (v) that result from your usage of CloudSearch domains or APIs that were part of non-current versions of CloudSearch; (vi) that result from your equipment, software or other technology; or (vii) arising from our suspension or termination of your right to use CloudSearch in accordance with the Agreement (collectively, the "CloudSearch SLA Exclusions").

If availability is impacted by factors other than those explicitly used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.

• "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.

• “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.

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

• 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.