2. Services. 2.1 Provision of services by cPanel. Subject to the terms of this Agreement, cPanel will use commercially reasonable efforts to provide the Services to you during the Term, provided that (a) you have not exceeded the number of incidents specified in the Support Price Agreement; or (b) a commercially reasonable number of Incidents as determined by cPanel if the Support Price Agreement does not specify the maximum number of Incidents. Notwithstanding the foregoing, cPanel may, in its sole discretion, elect (a) to provide, not to provide, or to a limited extent, the Services for free support; and (b) the Services for beta versions of the Software. 2.2 Normal Business Hours. cPanel will use commercially reasonable efforts to provide the Services during normal business hours, except in the event of a scheduled Service failure or unplanned service interruption. 2.3 Scope of Services. cPanel will provide the Services only in connection with incidents related to third-party software or applications contained in the Software. cPanel will not provide the Services for incidents it determines are related to third-party software that is not included in the software, operating systems, hardware or networks, unless cPanel determines, on a case-by-case basis and in its sole discretion, that such problems are reasonably related to third-party software or applications; included in the software. cPanel only supports cPanel licensed third-party software if you also have a license for cPanel & WHM for the same system. 2.4 Web, Email and Phone Support.

cPanel will use commercially reasonable efforts to provide the Services through its website through the cPanel customer portal or via email communications. cPanel will provide per-incident telephone support if you pay the additional support fee set out in Section 4 (Support Fees). A telephone support incident may involve multiple telephone conversations until cPanel closes the incident in accordance with Section 2.8 (Incident Resolution). cPanel may provide free telephone support on a case-by-case basis and at its sole discretion as it deems necessary in the event of a complicated or lengthy incident. cPanel provides the Services and all incidents in English only. 2.5 Location of the Services. cPanel will use commercially reasonable efforts to provide the Services at any facility it designates to provide such Services. The licensed server for which a particular incident is submitted can be located anywhere in the territory. cPanel does not provide the Services “on-site”. 2.6 Submission of Incident. 2.6.1 cPanel Client Portal. With the exception of telephone support requests, which must be purchased through the cPanel website, all incidents must be submitted through the cPanel Customer Portal or, in the case of cPanel Partners and cPanel Distributors, through the Administration Interface (as defined in the Partner NOC Agreement).

2.6.2 Eligibility to file incidents. If you are a cPanel Partner or cPanel Distributor, the incidents you submit are considered “Enterprise Support”. If you are a cPanel Direct licensee, the incidents you submit are considered “standard support”. If you are an individual or entity (other than a cPanel Partner, cPanel Distributor, or cPanel Direct Licensee), including (a) an educational, non-profit, or trial licensee; (b) a third-party user; or (c) a user with root access to a licensed server, incidents submitted by you are considered “free support”. If you obtained your license for the Software from a cPanel Partner or cPanel Distributor, you may obtain business support when you submit your incident through that cPanel Partner or cPanel Distributor. You can get priority support by paying the applicable priority support fee. You can get Ultra Priority support if you meet the qualifications set by cPanel. 2.6.3 Login Credentials and Support Access Numbers. Subject to the terms of the Partner NOC Agreement, cPanel Partners and cPanel Resellers may use the Administration Interface (as defined in the Partner NOC Agreement) to provide usernames and passwords for the cPanel Customer Portal, which may be used by their respective employees for incident submission. Anyone with root access to a licensed server can submit incidents to the cPanel Customer Portal using the support access number in the Help Center section of WebHost Manager (or such other section of WebHost Manager as cPanel may specify from time to time).

2.6.4 Submission Details. In order for cPanel to provide you with the Services, you must provide all information requested by cPanel regarding each incident. If you do not provide sufficient details about the incident, cPanel has no obligation to provide the Services to you, and the limited warranty in Section 6.2 (Limited Warranty) does not apply to the incident. They cannot obtain credit, cannot develop land and cannot obtain legal or technical support activities for better land management. 9.1 Force majeure. Neither party shall be liable for any failure or delay in performing its obligations under this Agreement if such delay is due to acts of God, fire, flood, storm, explosion, earthquake, general Internet outages, acts of war or terrorism, riots, riots or interventions by a government or authority; provided, however, that such party remedies any such delay or omission as soon as possible. In the event of a Force Majeure Event, the Party Unable to Provide the Service will provide the other Parties as soon as possible with written notice that a Force Majeure Event has occurred and how that Force Majeure Event affects the performance of its obligations. 9.2 Independent Contractors. It is the intention of the parties that cPanel and you are independent contractors with respect to the subject matter of this Agreement and shall be deemed to be independent contractors, and nothing in this Agreement shall be construed or construed in any way as creating a partnership, joint venture, employment, agency, fiduciary or similar relationship between cPanel and you. 9.3 Choice of Law; Place; Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to principles of conflict of laws. Any dispute or claim arising out of or relating to the Agreement shall be finally and exclusively resolved by the state or federal courts located in Harris County, Texas.

For purposes of this Agreement, you and cPanel hereby irrevocably consent to the exclusive personal jurisdiction and venue of the federal and state courts located in Harris County, Texas. 9.4 Entire Agreement. This Agreement, together with all Annexes, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written agreements and communications of the parties. 9.5 Basis of Agreement. Section 6.2 (Limited Warranty), Section 7 (Limitations of Liability; B. Exclusive Remedies) and Section 8 (Indemnification) are fundamental elements of the basis of the agreement between cPanel and you and apply to the benefit of cPanel. Without these limitations, cPanel would not be able to provide the Software on an economical basis. 9.6 Severability.

If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. I expect some technical support to come into effect before the new oil tests are at their lowest level (January). 2.7 Service Levels. 2.7.1 Support Priority. cPanel will use commercially reasonable efforts to prioritize its incident response based on the level of support applicable to such incidents in the following order: Phone Support, Ultra Priority Support, Enterprise Support, Priority Support, Standard Support, and Free Support. Notwithstanding the preceding sentence, cPanel may prioritize its response to a particular incident based on the relative severity of support issues reported in other pending incidents on the cPanel Customer Portal, regardless of the level of support applicable to those incidents. 2.7.2 Escalation of incidents. cPanel maintains internal escalation procedures. In the event that a cPanel representative is unable to resolve the incident (assuming a resolution is economically feasible), cPanel will escalate the incident in accordance with its internal escalation procedures.

cPanel may change its internal escalation system from time to time at its sole discretion. 2.7.3 Support Levels. Subject to Section 2.7.1 (Priority of Support), cPanel will use commercially reasonable efforts to resolve all incidents as quickly as possible, but makes no representation or warranty as to the timeliness of resolution of any incident. cPanel resolves all incidents subject to Section 2.8 (Incident Resolution). 2.8 Incident Resolution. In the event that cPanel resolves your incident or determines that no solution is economically feasible, cPanel will notify you via the cPanel customer portal and close the incident on that system. Alternatively, cPanel may determine whether a support issue raised during an incident constitutes a bug in the software (“Software Bug”) or a request for a new feature (“Feature Request”). If cPanel determines that a support issue raised during an incident constitutes a software bug or feature request, cPanel will close the incident and decide whether that software bug or feature request should be forwarded to the cPanel development team for further review and possible correction or inclusion in the software.