Common use of Provision of Cloud Services Clause in Contracts

Provision of Cloud Services. 3.1 Forcepoint will use reasonable efforts to provide Cloud Services for the Maintenance Term. The then-current Cloud Services service levels are incorporated by reference into this Agreement and the are attached here to in the Cloud Services Service Level Agreement. Forcepoint makes no service level commitments when Cloud Services are used in connection with Bulk Mail. Forcepoint makes no service level commitments for the Cloud Services’ functionality to the extent it is used to monitor access to third-party services where the continued availability of the functionality is adversely impacted by the third-party’s access policies. 3.2 If Forcepoint determines that the Products are being used to distribute Spam or Malware, or that the security or proper function of Cloud Services would be compromised due to hacking, denial of service attacks or other activities originating from or directed at Licensee’s network, then Forcepoint may immediately suspend Cloud Services until the problem is resolved. Forcepoint will promptly notify and work with Licensee to resolve the issues. 3.3 If Cloud Services are suspended or terminated, Forcepoint will reverse all configuration changes made during Cloud Services enrollment. It is Licensee’s responsibility to make the server configuration changes necessary to reroute any email, Web Content, and traffic flowing through the Cloud Services. 3.4 Forcepoint may modify, enhance, replace, or make additions to the Products. Forcepoint may use Malware, Spam, and other information passing through the Products for the purposes of developing, analyzing, maintaining, reporting on, and enhancing the Products and services. 3.5 Prior to enrollment in Cloud Services and at any time during the Maintenance Term, Forcepoint may test whether Licensee’s email system is acting as an Open Relay. If Forcepoint finds the system is an Open Relay, Forcepoint will inform Licensee and may suspend the applicable Cloud Services until the problem is resolved. 3.6 If in any one calendar month the total number of emails processed in performance of Cloud Services for inbound and outbound scanning of email traffic divided by the Permitted Capacity is greater than either: (i) 10,000 emails per User, then Licensee will make reasonable efforts to implement and maintain an accurate list of all valid email addresses belonging to Licensee for which Cloud Services scan inbound or outbound email; or (ii) 30,000 emails per User, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days’ written notice unless Licensee purchases Licenses to increase the Permitted Capacity. 3.7 If in any one calendar month the total bandwidth used in the performance of Cloud Services for web access filtering divided by the Permitted Capacity is greater than 0.02Mbps, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days’ written notice unless Licensee purchases Licenses to increase the Permitted Capacity. 3.8 If in any one calendar month the total bandwidth used in the performance of Cloud Services for security access policy enforcement solution divided by the number of Devices or Users is greater than 0.02Mbps, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days’ written notice unless Licensee purchases Licenses to increase the Permitted Capacity. 3.9 If in any one calendar month the total throughput including data sent and received through Cloud Services for internet and internal application access policy enforcement divided by the number of Users is greater than 10 Gigabytes per User, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days prior written notice unless Licensee purchases additional Permitted Capacity.

Provision of Cloud Services. 3.1 Forcepoint will use reasonable efforts to provide Cloud Services for the Maintenance Term. The then-current Cloud Services service levels are incorporated by reference into this Agreement and the are attached here to in the Cloud Services Service Level Agreement. Forcepoint makes no service level commitments when Cloud Services are used in connection with Bulk Mail. Forcepoint makes no service level commitments for the Cloud Services’ functionality to the extent it is used to monitor access to third-party services where the continued availability of the functionality is adversely impacted by the third-third- party’s access policies. 3.2 If Forcepoint determines that the Products are being used to distribute Spam or Malware, or that the security or proper function of Cloud Services would be compromised due to hacking, denial of service attacks or other activities originating from or directed at Licensee’s network, then Forcepoint may immediately suspend Cloud Services until the problem is resolved. Forcepoint will promptly notify and work with Licensee to resolve the issues. 3.3 If Cloud Services are suspended or terminated, Forcepoint will reverse all configuration changes made during Cloud Services enrollment. It is Licensee’s responsibility to make the server configuration changes necessary to reroute any email, Web Content, and traffic flowing through the Cloud Services. 3.4 Forcepoint may modify, enhance, replace, or make additions to the Products. Forcepoint may use Malware, Spam, and other information passing through the Products for the purposes of developing, analyzing, maintaining, reporting on, and enhancing the Products and services. 3.5 Prior to enrollment in Cloud Services and at any time during the Maintenance Term, Forcepoint may test whether Licensee’s email system is acting as an Open Relay. If Forcepoint finds the system is an Open Relay, Forcepoint will inform Licensee and may suspend the applicable Cloud Services until the problem is resolved. 3.6 If in any one calendar month the total number of emails processed in performance of Cloud Services for inbound and outbound scanning of email traffic divided by the Permitted Capacity is greater than either: (i) 10,000 emails per User, then Licensee will make reasonable efforts to implement and maintain an accurate list of all valid email addresses belonging to Licensee for which Cloud Services scan inbound or outbound email; or (ii) 30,000 emails per User, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days’ written notice unless Licensee purchases Licenses to increase the Permitted Capacity. 3.7 If in any one calendar month the total bandwidth used in the performance of Cloud Services for web access filtering divided by the Permitted Capacity is greater than 0.02Mbps, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days’ written notice unless Licensee purchases Licenses to increase the Permitted Capacity. 3.8 If in any one calendar month the total bandwidth used in the performance of Cloud Services for security access policy enforcement solution divided by the number of Devices or Users is greater than 0.02Mbps, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days’ written notice unless Licensee purchases Licenses to increase the Permitted Capacity. 3.9 If in any one calendar month the total throughput including data sent and received through Cloud Services for internet and internal application access policy enforcement divided by the number of Users is greater than 10 Gigabytes per User, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days prior written notice unless Licensee purchases additional Permitted Capacity.

Provision of Cloud Services. 3.1 Forcepoint will use reasonable efforts to provide Cloud Services for the Maintenance Subscription Term. The then-current Cloud Services service levels are incorporated by reference into this Agreement and the are attached here to in the may be found at: Cloud Services Service Level Agreement. Forcepoint makes no service level commitments when Cloud Services are used in connection with Bulk Mail. Forcepoint makes no service level commitments for the Cloud Services’ functionality to the extent it is used to monitor access to third-party services where the continued availability of the functionality is adversely impacted by the third-third- party’s access policies. 3.2 If Forcepoint determines that the Products are being used to distribute Spam or Malware, or that the security or proper function of Cloud Services would be compromised due to to, hacking, denial of service attacks or other activities originating from or directed at Licensee’s network, then Forcepoint may immediately suspend Cloud Services until the problem is resolved. Forcepoint will promptly notify and work with Licensee to resolve the issues. 3.3 If Cloud Services are suspended or terminated, Forcepoint will reverse all configuration changes made during Cloud Services enrollment. It is Licensee’s responsibility to make the server configuration changes necessary to reroute any email, Web Content, and traffic flowing through the Cloud Services. 3.4 Forcepoint may modify, enhance, replace, or make additions to the Products. Forcepoint may use Malware, Spam, and other information passing through the Products for the purposes of developing, analyzing, maintaining, reporting on, and enhancing the Products and services. 3.5 Prior to enrollment in Cloud Services and at any time during the Maintenance Term, Forcepoint may test whether Licensee’s email system is acting as an Open Relay. If Forcepoint finds the system is an Open Relay, Forcepoint will inform Licensee and may suspend the applicable Cloud Services until the problem is resolved. 3.6 If in any one calendar month the total number of emails processed in performance of Cloud Services for inbound and outbound scanning of email traffic divided by the Permitted Capacity is greater than either: (i) 10,000 emails per User, then Licensee will make reasonable efforts to implement and maintain an accurate list of all valid email addresses belonging to Licensee for which Cloud Services scan inbound or outbound email; or (ii) 30,000 emails per User, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days’ written notice unless Licensee purchases Licenses to increase the Permitted Capacity. 3.7 If in any one calendar month the total bandwidth used in the performance of Cloud Services for web access filtering divided by the Permitted Capacity is greater than 0.02Mbps, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days’ written notice unless Licensee purchases Licenses to increase the Permitted Capacity. 3.8 If in any one calendar month the total bandwidth used in the performance of Cloud Services for security access policy enforcement solution divided by the number of Devices or Users is greater than 0.02Mbps, then Forcepoint may terminate the applicable Cloud Services License and Maintenance Subscription upon 30 days’ written notice unless Licensee purchases Licenses Subscriptions to increase the Permitted Capacity. 3.9 3.6 If in any one calendar month the total throughput including data sent and received through Cloud Services for the internet and internal intranet application access policy enforcement solution divided by the number of Users is greater than 10 Gigabytes per User, then Forcepoint may terminate the applicable Cloud Services License and Maintenance Subscription upon 30 days prior days’ written notice unless Licensee purchases additional Permitted Capacity. 3.7 Licensee’s use of the Cloud Services is subject to the processing capacity of the Hardware as defined in the Forcepoint datasheet for the unit purchased, and the number of API requests may not exceed 12 submissions per hour per Device with a maximum aggregate of 100 submissions per day per Device.

Provision of Cloud Services. 3.1 Forcepoint will use reasonable efforts to provide Cloud Services for the Maintenance Term. The then-current Cloud Services service levels are incorporated by reference into this Agreement and the are attached here to in the may be found at: Cloud Services Service Level Agreement. Forcepoint makes no service level commitments when Cloud Services are used in connection with Bulk Mail. Forcepoint makes no service level commitments for the Cloud Services’ functionality to the extent it is used to monitor access to third-party services where the continued availability of the functionality is adversely impacted by the third-party’s access policies. 3.2 If Forcepoint determines that the Products are being used to distribute Spam or Malware, or that the security or proper function of Cloud Services would be compromised due to hacking, denial of service attacks or other activities originating from or directed at Licensee’s network, then Forcepoint may immediately suspend Cloud Services until the problem is resolved. Forcepoint will promptly notify and work with Licensee to resolve the issues. 3.3 If Cloud Services are suspended or terminated, Forcepoint will reverse all configuration changes made during Cloud Services enrollment. It is Licensee’s responsibility to make the server configuration changes necessary to reroute any email, Web Content, and traffic flowing through the Cloud Services. 3.4 Forcepoint may modify, enhance, replace, or make additions to the Products. Forcepoint may use Malware, Spam, and other information passing through the Products for the purposes of developing, analyzing, maintaining, reporting on, and enhancing the Products and services. 3.5 Prior to enrollment in Cloud Services and at any time during the Maintenance Term, Forcepoint may test whether Licensee’s email system is acting as an Open Relay. If Forcepoint finds the system is an Open Relay, Forcepoint will inform Licensee and may suspend the applicable Cloud Services until the problem is resolved. 3.6 If in any one calendar month the total number of emails processed in performance of Cloud Services for inbound and outbound scanning of email traffic divided by the Permitted Capacity is greater than either: (i) 10,000 emails per User, then Licensee will make reasonable efforts to implement and maintain an accurate list of all valid email addresses belonging to Licensee for which Cloud Services scan inbound or outbound email; or (ii) 30,000 emails per User, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days’ written notice unless Licensee purchases Licenses to increase the Permitted Capacity. 3.7 If in any one calendar month the total bandwidth used in the performance of Cloud Services for web access filtering divided by the Permitted Capacity is greater than 0.02Mbps, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days’ written notice unless Licensee purchases Licenses to increase the Permitted Capacity. 3.8 If in any one calendar month the total bandwidth used in the performance of Cloud Services for security access policy enforcement solution divided by the number of Devices or Users is greater than 0.02Mbps, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days’ written notice unless Licensee purchases Licenses to increase the Permitted Capacity. 3.9 If in any one calendar month the total throughput including data sent and received through Cloud Services for internet and internal application access policy enforcement divided by the number of Users is greater than 10 Gigabytes per User, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days prior written notice unless Licensee purchases additional Permitted Capacity.

Provision of Cloud Services. 3.1 Forcepoint will use commercially reasonable efforts to provide Cloud Services for the Maintenance Subscription Term. The then-current Cloud Services service levels are incorporated by reference into this Agreement and the are attached here to in the may be found at: Cloud Services Service Level Agreement. Forcepoint makes no service level commitments when Cloud Services are used in connection with Bulk Mail. Forcepoint makes no service level commitments for the Cloud Services’ functionality to the extent it is used to monitor access to third-party services where the continued availability of the functionality is adversely impacted by the third-party’s access policies. 3.2 If Forcepoint determines that the Products are being used to distribute Spam or Malware, or that the security or proper function of Cloud Services would be compromised due to hacking, denial of service attacks attacks, or other activities originating from or directed at Licensee’s networkthe network could compromise the security or operation of Cloud Services, then Forcepoint may immediately suspend Cloud Services until the problem is resolved. Forcepoint will promptly notify and work with Licensee Subscriber to resolve the issues.issues.‌ 3.3 If Cloud Services are suspended or terminated, Forcepoint will may reverse all configuration changes made during Cloud Services enrollment. It is LicenseeSubscriber’s responsibility to make the server configuration changes necessary to reroute any email, Web Content, and traffic flowing through the Cloud Services. 3.4 Forcepoint may modify, enhance, replace, or make additions to the Products. Forcepoint may use Malware, Spam, and other information passing through or relating to usage of the Products for the purposes of developing, analyzing, maintaining, reporting on, and enhancing the Products and services. 3.5 Prior to enrollment in Cloud Services and at any time during the Maintenance Subscription Term, Forcepoint may test whether LicenseeSubscriber’s email system is acting as an Open Relay. If Forcepoint finds the system is an Open Relay, Forcepoint will inform Licensee Subscriber and may suspend the applicable Cloud Services until the problem is resolved. 3.6 If in any one calendar month the total number of emails processed in performance of Cloud Services for inbound and outbound scanning of email traffic divided by the Permitted Capacity is greater than either: (i) 10,000 emails per User, then Licensee will make reasonable efforts to implement and maintain an accurate list of all valid email addresses belonging to Licensee for which Cloud Services scan inbound or outbound email; or (ii) 30,000 emails per User, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days’ written notice unless Licensee purchases Licenses to increase the Permitted Capacity. 3.7 If in any one calendar month the total bandwidth used in the performance of Cloud Services for web access filtering divided by the Permitted Capacity is greater than 0.02Mbps, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days’ written notice unless Licensee purchases Licenses to increase the Permitted Capacity. 3.8 If in any one calendar month the total bandwidth used in the performance of Cloud Services for security access policy enforcement solution divided by the number of Devices or Users is greater than 0.02Mbps, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days’ written notice unless Licensee purchases Licenses to increase the Permitted Capacity. 3.9 If in any one calendar month the total throughput including data sent and received through Cloud Services for internet and internal application access policy enforcement divided by the number of Users is greater than 10 Gigabytes per User, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days prior written notice unless Licensee purchases additional Permitted Capacity.

Provision of Cloud Services. 3.1 Forcepoint will use reasonable efforts to provide Cloud Services for the Maintenance Subscription Term. The then-current Cloud Services service levels are incorporated by reference into this Agreement and the are attached here to in the may be found at: Cloud Services Service Level Agreement. Forcepoint makes no service level commitments when Cloud Services are used in connection with Bulk Mail. Forcepoint makes no service level commitments for the Cloud Services’ functionality to the extent it is used to monitor access to third-party services where the continued availability of the functionality is adversely impacted by the third-party’s access policies. 3.2 If Forcepoint determines that the Products are being used to distribute Spam or Malware, or that the security or proper function of Cloud Services would be compromised due to hacking, denial of service attacks or other activities originating from or directed at LicenseeSubscriber’s network, then Forcepoint may immediately suspend Cloud Services until the problem is resolved. Forcepoint will promptly notify and work with Licensee Subscriber to resolve the issues. 3.3 If Cloud Services are suspended or terminated, Forcepoint will reverse all configuration changes made during Cloud Services enrollment. It is LicenseeSubscriber’s responsibility to make the server configuration changes necessary to reroute any email, Web Content, and traffic flowing through the Cloud Services. 3.4 Forcepoint may modify, enhance, replace, or make additions to the Products. Forcepoint may use Malware, Spam, and other information passing through the Products for the purposes of developing, analyzing, maintaining, reporting on, and enhancing the Products and services. 3.5 Prior to enrollment in Cloud Services and at any time during the Maintenance Subscription Term, Forcepoint may test whether LicenseeSubscriber’s email system is acting as an Open Relay. If Forcepoint finds the system is an Open Relay, Forcepoint will inform Licensee Subscriber and may suspend the applicable Cloud Services until the problem is resolved. 3.6 If in any one calendar month the total number of emails processed in performance of Cloud Services for inbound and outbound scanning of email traffic divided by the Permitted Capacity is greater than either: (i) 10,000 emails per User, then Licensee Subscriber will make reasonable efforts to implement and maintain an accurate list of all valid email addresses belonging to Licensee Subscriber for which Cloud Services scan inbound or outbound email; or (ii) 30,000 emails per User, then Forcepoint may terminate the applicable Cloud Services License and Maintenance Subscription upon 30 days’ written notice unless Licensee Subscriber purchases Licenses Subscriptions to increase the Permitted Capacity. 3.7 If in any one calendar month the total bandwidth used in the performance of Cloud Services for web access filtering divided by the Permitted Capacity is greater than 0.02Mbps, then Forcepoint may terminate the applicable Cloud Services License and Maintenance Subscription upon 30 days’ written notice unless Licensee Subscriber purchases Licenses Subscriptions to increase the Permitted Capacity. 3.8 If in any one calendar month the total bandwidth used in the performance of Cloud Services for security access policy enforcement solution divided by the number of Devices or Users is greater than 0.02Mbps, then Forcepoint may terminate the applicable Cloud Services License and Maintenance Subscription upon 30 days’ written notice unless Licensee Subscriber purchases Licenses Subscriptions to increase the Permitted Capacity. 3.9 If in any one calendar month the total throughput including data sent and received through Cloud Services for internet and internal application access policy enforcement divided by the number of Users is greater than 10 Gigabytes per User, then Forcepoint may terminate the applicable Cloud Services License and Maintenance Subscription upon 30 days prior written notice unless Licensee Subscriber purchases additional Permitted Capacity.

Provision of Cloud Services. ‌ 3.1 Forcepoint will use reasonable efforts to provide Cloud Services for the Maintenance Subscription Term. The then-current Cloud Services service levels are incorporated by reference into this Agreement and the are attached here to in the may be found at: Cloud Services Service Level Agreement. Forcepoint makes no service level commitments when Cloud Services are used in connection with Bulk Mail. Forcepoint makes no service level commitments for the Cloud Services’ functionality to the extent it is used to monitor access to third-party services where the continued availability of the functionality is adversely impacted by the third-party’s access policies. 3.2 If Forcepoint determines that the Products are being used to distribute Spam or Malware, or that the security or proper function of Cloud Services would be compromised due to hacking, denial of service attacks attacks, or other activities originating from or directed at Licensee’s networkthe network could compromise the security or operation of Cloud Services, then Forcepoint may immediately suspend Cloud Services until the problem is resolved. Forcepoint will promptly notify and work with Licensee Subscriber to resolve the issues. 3.3 If Cloud Services are suspended or terminated, Forcepoint will may reverse all configuration changes made during Cloud Services enrollment. It is LicenseeSubscriber’s responsibility to make the server configuration changes necessary to reroute any email, Web Content, and traffic flowing through the Cloud Services. 3.4 Forcepoint may modify, enhance, replace, or make additions to the Products. Forcepoint may use Malware, Spam, and other information passing through or relating to usage of the Products for the purposes of developing, analyzing, maintaining, reporting on, and enhancing the Products and services. 3.5 Prior to enrollment in Cloud Services and at any time during the Maintenance Subscription Term, Forcepoint may test whether LicenseeSubscriber’s email system is acting as an Open Relay. If Forcepoint finds the system is an Open Relay, Forcepoint will inform Licensee Subscriber and may suspend the applicable Cloud Services until the problem is resolved. 3.6 If in any one calendar month the total number of emails processed in performance of Cloud Services for inbound and outbound scanning of email traffic divided by the Permitted Capacity is greater than either: (i) 10,000 emails per User, then Licensee Subscriber will make reasonable efforts to implement and maintain an accurate list of all valid email addresses belonging to Licensee Subscriber for which Cloud Services scan inbound or outbound email; or (ii) 30,000 emails per User, then Forcepoint may terminate the applicable Cloud Services License and Maintenance Subscription upon 30 days’ written notice unless Licensee Subscriber purchases Licenses Subscriptions to increase the Permitted Capacity. 3.7 If in any one calendar month the total bandwidth used in the performance of Cloud Services for web access filtering divided by the Permitted Capacity is greater than 0.02Mbps, then Forcepoint may terminate the applicable Cloud Services License and Maintenance Subscription upon 30 days’ written notice unless Licensee Subscriber purchases Licenses Subscriptions to increase the Permitted Capacity. 3.8 If in any one calendar month the total bandwidth used in the performance of Cloud Services for security access policy enforcement solution divided by the number of Devices or Users Permitted Capacity is greater than 0.02Mbps, then Forcepoint may terminate the applicable Cloud Services License and Maintenance Subscription upon 30 days’ written notice unless Licensee Subscriber purchases Licenses Subscriptions to increase the Permitted Capacity. 3.9 If in any one calendar month the total throughput including data sent and received through Cloud Services for internet and internal application access policy enforcement divided by the number of Users Permitted Capacity is greater than 10 3 Gigabytes per User, then Forcepoint may terminate the applicable Cloud Services License and Maintenance Subscription upon 30 days prior written notice unless Licensee Subscriber purchases additional Permitted Capacity.

Provision of Cloud Services. 3.1 Forcepoint will use reasonable efforts to provide Cloud Services for the Maintenance Term. The then-current Cloud Services service levels are incorporated by reference into this Agreement and the thearethe are attached here to in the Cloud Services Service Level Agreement. Forcepoint makes no service level commitments when Cloud Services are used in connection with Bulk Mail. Forcepoint makes no service level commitments for the Cloud Services’ functionality to the extent it is used to monitor access to third-party services where the continued availability of the functionality is adversely impacted by the third-third- party’s access policies. 3.2 If Forcepoint determines that the Products are being used to distribute Spam or Malware, or that the security or proper function of Cloud Services would be compromised due to hacking, denial of service attacks or other activities originating from or directed at Licensee’s network, then Forcepoint may immediately suspend Cloud Services until the problem is resolved. Forcepoint will promptly notify and work with Licensee to resolve the issues. 3.3 If Cloud Services are suspended or terminated, Forcepoint will reverse all configuration changes made during Cloud Services enrollment. It is Licensee’s responsibility to make the server configuration changes necessary to reroute any email, Web Content, and traffic flowing through the Cloud Services. 3.4 Forcepoint may modify, enhance, replace, or make additions to the Products. Forcepoint may use Malware, Spam, and other information passing through the Products for the purposes of developing, analyzing, maintaining, reporting on, and enhancing the Products and services. 3.5 Prior to enrollment in Cloud Services and at any time during the Maintenance Term, Forcepoint may test whether Licensee’s email system is acting as an Open Relay. If Forcepoint finds the system is an Open Relay, Forcepoint will inform Licensee and may suspend the applicable Cloud Services until the problem is resolved. 3.6 If in any one calendar month the total number of emails processed in performance of Cloud Services for inbound and outbound scanning of email traffic divided by the Permitted Capacity is greater than either: (i) 10,000 emails per User, then Licensee will make reasonable efforts to implement and maintain an accurate list of all valid email addresses belonging to Licensee for which Cloud Services scan inbound or outbound email; or (ii) 30,000 emails per User, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days’ written notice unless Licensee purchases Licenses to increase the Permitted Capacity. 3.7 If in any one calendar month the total bandwidth used in the performance of Cloud Services for web access filtering divided by the Permitted Capacity is greater than 0.02Mbps, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days’ written notice unless Licensee purchases Licenses to increase the Permitted Capacity. 3.8 If in any one calendar month the total bandwidth used in the performance of Cloud Services for security access policy enforcement solution divided by the number of Devices or Users is greater than 0.02Mbps, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days’ written notice unless Licensee purchases Licenses to increase the Permitted Capacity. 3.9 If in any one calendar month the total throughput including data sent and received through Cloud Services for internet and internal application access policy enforcement divided by the number of Users is greater than 10 Gigabytes per User, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days prior written notice unless Licensee purchases additional Permitted Capacity.

Provision of Cloud Services. ‌ 3.1 Forcepoint will use commercially reasonable efforts to provide Cloud Services for the Maintenance Subscription Term. The then-current Cloud Services service levels are incorporated by reference into this Agreement and the are attached here to in the may be found at: Cloud Services Service Level Agreement. Forcepoint makes no service level commitments when Cloud Services are used in connection with Bulk Mail. Forcepoint makes no service level commitments for the Cloud Services’ functionality to the extent it is used to monitor access to third-party services where the continued availability of the functionality is adversely impacted by the third-party’s access policies. 3.2 If Forcepoint determines that the Products are being used to distribute Spam or Malware, or that the security or proper function of Cloud Services would be compromised due to hacking, denial of service attacks attacks, or other activities originating from or directed at Licensee’s networkthe network could compromise the security or operation of Cloud Services, then Forcepoint may immediately suspend Cloud Services until the problem is resolved. Forcepoint will promptly notify and work with Licensee Subscriber to resolve the issues. 3.3 If Cloud Services are suspended or terminated, Forcepoint will may reverse all configuration changes made during Cloud Services enrollment. It is LicenseeSubscriber’s responsibility to make the server configuration changes necessary to reroute any email, Web Content, and traffic flowing through the Cloud Services.Services.‌ 3.4 Forcepoint may modify, enhance, replace, or make additions to the Products. Forcepoint may use Malware, Spam, and other information passing through or relating to usage of the Products for the purposes of developing, analyzing, maintaining, reporting on, and enhancing the Products and services. 3.5 Prior to enrollment in Cloud Services and at any time during the Maintenance Subscription Term, Forcepoint may test whether LicenseeSubscriber’s email system is acting as an Open Relay. If Forcepoint finds the system is an Open Relay, Forcepoint will inform Licensee Subscriber and may suspend the applicable Cloud Services until the problem is resolved. 3.6 If in any one calendar month the total number of emails processed in performance of Cloud Services for inbound and outbound scanning of email traffic divided by the Permitted Capacity is greater than either: (i) 10,000 emails per User, then Licensee will make reasonable efforts to implement and maintain an accurate list of all valid email addresses belonging to Licensee for which Cloud Services scan inbound or outbound email; or (ii) 30,000 emails per User, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days’ written notice unless Licensee purchases Licenses to increase the Permitted Capacity. 3.7 If in any one calendar month the total bandwidth used in the performance of Cloud Services for web access filtering divided by the Permitted Capacity is greater than 0.02Mbps, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days’ written notice unless Licensee purchases Licenses to increase the Permitted Capacity. 3.8 If in any one calendar month the total bandwidth used in the performance of Cloud Services for security access policy enforcement solution divided by the number of Devices or Users is greater than 0.02Mbps, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days’ written notice unless Licensee purchases Licenses to increase the Permitted Capacity. 3.9 If in any one calendar month the total throughput including data sent and received through Cloud Services for internet and internal application access policy enforcement divided by the number of Users is greater than 10 Gigabytes per User, then Forcepoint may terminate the applicable Cloud Services License and Maintenance upon 30 days prior written notice unless Licensee purchases additional Permitted Capacity.