Remote Backup and Restore Services

I. SEVICE DESCRIPTION: Remote Backup and Restore (RBR) Services backs up identified data from servers and PCs to an off-site location. Remote Backup and Restore Services include, but are not limited to, RBR Standard Services and RBR Remote Data Replication for Servers or PCs (RBR Services). RBR Services are enabled via the use of software and equipment provided by Company and certain unaffiliated third party contractors (Company Contractor) from an RBR Services Control Data Center utilized by Company and the Company Contractor (RBR Control Data Center).

1. RBR Standard Services provides the following:

· Access to a disk-based data protection infrastructure consisting of storage, application servers, network and security devices to house the backed up data at an RBR Control Data Center.

· Full or partial restores down to the file level.

· Storage systems administration, tuning, optimization, planning and operations management at the RBR Control Data Center.

· Access to Help Desk for Customer support.

· Use of an Internet Portal to view RBR Services activity and initiate restores of data for servers and access to a local client based tool for Restores for PCs.

· Monthly reporting of performance via a web portal.

2. Availability. RBR Services are provided for (i) Customers servers located at a Customer Facility (ii) Customers servers located at a Company Co-location Data Center); or (iii) Customers servers or PCs that are connected to the Internet. Any co-location services provided at a Company Co-location Data Center will be provided via a separate Service Attachment.

3. Network Connections. Customer must provide a leased line from Customers Facility to the RBR Control Data Center or Internet access for Customer Equipment to the RBR Control Data Center. Customer must also provide any router or other network connection required at the termination point within Customers Facility.

4. RBR with Remote Data Replication for Servers or PCs. If Customer has purchased the RBR Standard Service for Servers, Customer may also purchase Remote Data Replication for Servers or PCs (Remote Data Replication). Remote Data Replication provides (i) scheduled replication of data backups to a second site geographically remote from the primary backup site; (ii) 24x7 monitoring of Remote Data Replication; (iii) validation of successful back up via a checkpoint process; and monitoring of the service status. Customer is responsible for providing a list of servers or PCs that will use this service on the RBR Order Form. The Remote Data Replication Services includes shipment of the Company Supplied Equipment to the Customer Facility with the understanding that installation is not included. On site installation of the Company Supplied Equipment may be ordered separately by Customer

The following is provided in addition to services and equipment provided under RBR Standard Services:

· Use of a Remote Data Replication appliance resident on the Customer Facility and connected to the Customers LAN to provide on site storage of Customer Stored Data.

· Replication of the Customer Stored Data from the Remote Data Replication appliance to the RBR Control Data Center.

· Rapid restore of Customer Stored Data from the Remote Data Replication appliance via the Customers LAN, based on the speed of the Customers LAN.

· Maintenance of the Remote Data Replication appliance.

· Optional onsite implementation services for an additional charge.

· Pre-configuration and shipping of the Remote Data Replication appliance to the Customer designated location.

II. DEFINITIONS: In addition to the Online Definitions, the following service specific definitions apply. Where a capitalized word indicates a defined term not found in the Online Definitions or service-specific definitions, such term is a standard, generally applicable industry term that does not require additional definition in the Guide.

8-5-4 Retention is the retention of the most recent 8 daily backups, the most recent 5 weekly backups and the most recent 4 monthly backups.

30-0-0 Retention is the retention of the most recent 30 daily backups.

7-0-0 Retention is the retention of the most recent 7 daily backups.

Change Order is an order for a change to RBR Services attached to the RBR Services Service Attachment.

Customer Facility is Customers servers located at a Customer facility in the U.S. Mainland.

Company Co-location Data Center is Customers servers at a Company data center used by Customer to co-locate Customers servers.

Customer Stored Data is any Customer data that is backed up by Company using the RBR Services.

Customer Equipment is Customers computer hardware such as servers, PCs, not including Customer Stored Data, and other tangible equipment located at the Customer Facility, a Company Co-Location Data Center or connected to the RBR Control Data Center via the Internet.

Customer Technology is Customers or its suppliers proprietary network or systems, information and designs developed prior to and/or independently of the RBR Services.

Company Technology is Company or the Company Contractors proprietary technology, software tools, hardware designs, algorithms, software (in source and object forms), user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), network designs, know-how, trade secrets and any related intellectual property rights throughout the world (whether owned by Company or the Company Contractor or licensed to Company or the Company Contractor from a third party) and also including any derivatives, improvements, enhancements or extensions of Company Technology conceived, reduced to practice, or developed by Company or the Company Contractor or any Company third-party supplier.

Personal Computer (PC) is desktops, laptop/notebook computers and other supported devices with supported operating systems.

Professional Services is any non-standard professional or consulting service requested by Customer and provided by Company to Customer as more fully described in a Statement of Work.

RBR Order Form is the form Customer uses to order RBR services..

RBR Standard Service is, collectively, RBR Standard Service for Servers and RBR Standard Service for PCs.

Service Commitment Period is the minimum period RBR Services Customer must maintain as specified in the applicable RBR Order Form.

III. FEATURES AND OPTIONS: The following features and options are available, if Customer has also purchased RBR Standard Service for Servers:

1. RBR Rapid Protect. RBR Rapid Protect provides an initial on site backup at Customers premise. The initial on site backup is performed over Customers internal network and the backup is downloaded to a device that Company provides for such initial backup. After such performance, Company will ship the device to the RBR Control Data Center where Company will migrate the backed up data from the device and such data will be Customer Stored Data. Following the performance of RBR Rapid Protect services Customer RBR Services will be activated to perform remotely to backup to the RBR Control Data Center. The RBR Rapid Protect optional services significantly reduces the time and bandwidth that generally is associated with the initial gathering of backed up data via standard remote backup services.

2. RBR Rapid Recover. RBR Rapid Recover provides an onsite restore of Customer Stored Data by shipping such data to Customers premise for direct download performed over Customers internal network to a Customer designated server or other equipment. The RBR Rapid Recover optional services significantly reduce the time and bandwidth that generally is associated with restoring a large amount of data. Prior to performing the onsite restore of Customer Stored Data, Company will perform a restore at the RBR Control Data Center to a device and will ship such device to Customers premise. Following the performance of RBR Rapid Recover Services, Customer will remove the device from Customers premise and ship the device back to Company.

3. Database Agent Backup Option (Disk to Disk) for RBR Standard Service for Servers. Database Agent Backup Option (Disk to Disk) for RBR Standard Service for Servers provides a software agent to backup database table data, logs and query libraries to the RBR Control Data Center.

IV. RATES AND CHARGES. The following monthly recurring charges (MRC) and non-recurring charges (NRC) apply.

1. Monthly Recurring Charges. The following monthly recurring charges apply:

1.1 RBR Standard Service for Servers or PCs. Charges for RBR Standard Service begin within 30 days from the date on which Company provides confirmation to Customer that Company has received the following: (i) Customers network connections required under Section I.3 above, and (ii), Customers delivery to Company of a completed RBR Order Form; and Company completes the installation and activation of the Company Technology on the Customer Equipment. In the event that Customer fails to provide Company with the network connections and information required, the charges for the RBR Standard Services will begin no later than the 61st day from the date the RBR Services are first provided to Customer. Customer commits to maintain a RBR Standard Service for a minimum period as specified in the applicable order form (Service Commitment Period). The minimum Service Commitment Period is 12 months.

1.1.1 RBR Standard Service for Servers.

A. For each 12 month period during a RBR Standard Service for Servers, Customer may request up to 2 changes in the Tier, via a Change Order. Change Orders would become effective the first of the month following the month in which the Change Order was received.

B. For each month of the RBR Standard Service for Servers, Customer will pay Company the monthly fees for RBR Standard Service for Servers that is the greater of the following:

· If the actual number of GBs protected is less than the minimum number of GB in the selected Backup Tier, then the monthly fee for the RBR Standard Service for Servers will be the minimum number of GB in the selected Backup Tier times the MRC per GB as set forth in the table below; or

· If the actual number of GBs protected falls within the range of the selected Backup Tier, then the monthly fee for the RBR Standard Service for Servers will be the actual number of GB backed up times the MRC per GB as set forth in the table below; or

· If the actual number of GBs protected is greater than the top of the range of the selected Backup Tier, then the MRC for the RBR Standard Service for Servers will be the actual number of GB protected times the MRC per GB as set forth in the table below for the Backup Tier within which the actual number of GB backed up falls.

· In any event, the actual number of GBs protected will be the sum of the highest number of GBs backed up per server during the calendar month or 1GB, which ever is greater.

· For example, if Customer selects an 8-5-4 retention schedule and commits to the 501 GB Data Usage Service Tier for a 12 month term with Direct Connect access, the minimum MRC for that Customer would be $2,630.25 (501 GB x $5.25). As a result, if Customers actual data protection volume was 450 GB (below the committed tier), the charge would still be the minimum MRC of $2,625.00 or 500 GB x $5.50. If Customers actual data protection volume was 700 GB (within the committed tier), the MRC would be $3,675.00 (700 GB x $5.25) and if Customers actual data protection volume was 1600 GB (above the committed tier), the MRC would be $8,000.00 or 1,600GB x $5.00).

C. Monthly Recurring Charges for RBR Standard Service for Servers. The following MRCs per GB for RBR Standard Service for Servers apply based upon the Backup Tier selected and if no tier is selected the 0-500 GB tier will automatically be applied.

Backup Tier - Server (8-5-4 Retention)	MRC per GB by Service Commitment Period (SCP)
Backup Tier - Server (8-5-4 Retention)	12 Month SCP	36 Months SCP
0 - 500 GB	$5.50	$5.00
>500 GB - <=1,500 GB	$5.25	$4.50
>1,500 GB - <=3,000 GB	$5.00	$4.35
>3,000 GB	$4.75	$4.00
Backup Tier - Server (30-0-0 Retention)
0 - 500 GB	$5.40	$4.90
>500 GB - <=1,500 GB	$5.20	$4.40
>1,500 GB - <=3,000 GB	$4.95	$4.25
>3,000 GB	$4.70	$3.90
Backup Tier Server (7-0-0 Retention)
0 - 500 GB	$5.30	$4.80
>500 GB - <=1,500 GB	$5.10	$4.30
>1,500 GB - <=3,000 GB	$4.85	$4.10
>3,000 GB	$4.60	$3.80

1.1.2 RBR Standard Service for PC. For each month of the RBR Standard Service for PC, Customer will pay Company the monthly fees for RBR Standard Service for PC based upon calculating actual number of GB protected for each PC during each month. Customer will pay a minimum monthly charge for up to 5 GB per PC even if the amount of GBs actually backed up is less than such 5 GB. If the actual number of GBs protected per PC in any month is over 5 GBs then Customer will pay an overage charge of $2.40 for each GB above 5 GB per PC protected in that month. The overage charge will be added to the minimum 5GB monthly charge per PC.

Backup ChargesPC (30-0-0 Retention)	MRC per GB by SCP
Backup ChargesPC (30-0-0 Retention)	12 Month SCP	36 Months SCP
Minimum Charge for less than or equal to 5 GB	$7.90	$7.90

1.2 Remote Data Replication with Company-Provided Appliance. For RBR with Remote Data Replication with a Company-Provided appliance, the following MRC applies per GB for the aggregate number of GBs replicated for each replication site plus a MRC per device as indicated below.

RDR for Servers	MRC per GB by SCP
RDR for Servers	12 Month SCP	36 Months SCP
Replication Monthly Device Charge (per device)	$1,995.00	$595.00
Rate Replication (per GB)	$2.75	$2.75

2. Non-Recurring Charges. The following non-recurring charges apply:

On Site Installation	NRC per day
On site Installation Charge applies if Customer requests Companys presence at Customers site	$3,150.00
RBR Standard Service	NRC per incident
Alternate Client Restore Charge applies if Customer requests Company to push backed-up data to a server other than the server from which such data was initially retrieved	$399
Company Assisted Restore Charge applies if Customer requests Company to push restored backed-up data to Customers servers that could otherwise have been performed by Customer using the self-service portal	$399
RBR Rapid Protect and RBR Rapid Recover Services T&E charges	NRC per request
The following service charges apply for each order. For service provided on site, the Travel and related Expense (T&E) charges indicated below also apply.
RBR Rapid Protect Option Service Fee	$1,995
RBR Rapid Protect T&E	$1,495
RBR Rapid Recover Option - Service Fee	$2,595
RBR Rapid Recover - T&E	$1,495

3. Other Charges.

3.1 Paper Invoice Charge applies.

3.2. Convenience Payment Charge applies.

V. TERMS AND CONDITIONS: In addition to the Online Master Terms - Terms and Conditions of Service, the following terms and conditions apply:

1. Company or Company Contractor equipment located at Customer Facility. In the event Company or the Company Contractor provides Customer with any equipment that will be located at a Customer Facility, all rights with respect to such equipment will remain with Company or the Company Contractor.

2. Customers responsibilities.

2.1 Prior to implementation, Customer will provide a report of all servers to be included in the RBR Standard Service via an Order Form. This would include, but not be limited to, the file systems that are to be backed up, backup schedules, retention schedules, operating system version and patch levels, databases, restore time objectives and any unique or non-standard system and application characteristics. Any unique testing procedures, naming conventions, user interfaces or custom implementations should be identified.

2.2 Customer will designate a single point of contact to interface with Company.

2.3 Customer will install the server software agents and activate the servers. If Customer has purchased on site installation services, Customer will provide assistance to Company during installation of server software agents. This would include access to the Customers servers as needed to provision the RBR Standard Service.

2.4 Customer will provide network connectivity and firewall access to servers as needed to provision the RBR Standard Service. In providing network connectivity, Customer will provide such connectivity as required between the Customers RBR Control Data Center and the RBR Control Data Center up to the Point Of Demarcation. The network connection must have a minimum throughput of 15 kbps per GB of data to be protected with a maximum latency of 200ms.

2.5 Customer will promptly notify Company in writing, including by e-mail, of any Customer system or application software modifications (this includes domain name server changes, O/S upgrades, etc.), that may affect the RBR Standard Services provided by Company.

2.6 Customer will notify Company in writing, including by e-mail, of any request to change the committed Protected Tiered Level of Service. This request may be made up to two times annually.

2.7 Customer requests for restores of data will be made via the Internet portal.

2.8 For RBR Standard Service for PCs, Customer will provide support for any of Customers end users and Company will provide support to assist Customers administrators only. For the avoidance of doubt, Company will only communicate with a reasonable number of Customers administrators and not with any Customer end user.

2.9 Customer will install PC software agents on PCs to be backed up.

3. Additional Customer responsibilities for Remote Data Replication.

3.1 Customer will provision local network connectivity, physical space and will meet the required environmental specifications for the Remote Data Replication appliance(s).

3.2 Customer will provide Company with a secure Internet connection and firewall access using an IPSEC compliant VPN tunnel to the Remote Data Replication appliance. This connection is for data protection services and monitoring of the appliance.

3.3 Prior to implementation of the Services, Customer will provide a report of all servers to be included in the Remote Backup and Restore Standard Service. This would include but not be limited to the file systems that are to be backed up, backup schedules, retention schedules, operating system version and patch levels, databases, restore time objectives and any unique or non-standard system and application characteristics. Any unique testing procedures, naming conventions, user interfaces or custom implementations should be identified.

3.4 Customer will install the Remote Data Replication appliance at the Customer Facility. If requested, on site installation services may be provided by a Company contractor.

3.5 Customer will be responsible for operator training other then the specific operation of the Remote Data Replication appliance.

3.6 Customer will be responsible for non-mandatory engineering changes.

3.7 Customer will be responsible for expendable parts for the Remote Data Replication appliance such as fuses, light bulbs, damage to metal parts, etc.

4. Company Supplied Equipment. As specified on an Order Form, Company may provide Customer with certain equipment located at the Customer Facility or within Customers space at the Company Co-location Data Center (the Company Supplied Equipment). Customer will have the right to use the Company Supplied Equipment at the Customer Facility or within Customers space at the Company Co-location Data Center during the term of the Order Form unless earlier terminated by Company or Customer. Company Supplied Equipment will always remain the property of Company or the Company Contractor or other Company third party supplier. Customer will hold Company Supplied Equipment subject and subordinate to the rights of Company or the Company Contractor or other Company third party supplier. Customer will not create, incur, assume or suffer to exist any lien (except any lien caused by Company) on any Company Supplied Equipment located at the Customer Facility or within Customers space at the Company Co-location Data Center and will indemnify and hold Company harmless from and against any loss or expense caused by Customers failure to do so. Customer will give Company immediate written notice of any attachment or judicial process affecting the Company Supplied Equipment located at the Customer Facility. Customer will not remove, alter or destroy any labels on the Company Supplied Equipment stating that it is the property of Company or the Company Contractor or other Company third party supplier. Customer will allow the inspection of the Company Supplied Equipment upon prior written notice. Upon any termination, Company will have the right to enter Customer Facility or Customers space at the Company Co-location Data Center to remove Company Supplied Equipment.

5. Minimum Use Requirement. There is a minimum monthly usage requirement for RBR Standard Service and Remote Data Replication of 50% capacity for all on site data replication devices. Customer is required to use a minimum of 50% of the capacity of the Company Supplied Equipment on a monthly basis. If the actual number of GB backed up to the Company Supplied Equipment is less than 50% of the capacity of the installed Company Supplied Equipment (Capacity) each month, the amount that Customer will pay for the RBR Standard Services and the Remote Data Replication will be based on 50% of the Capacity.

For example, if the Customer will use 700 GBs of replication storage, Customer must select at least the 900GB replication storage configuration. In this example, if the actual number of GB backed up to the Company Supplied Equipment for a given month was 300GB, then the monthly fee for the RBR Standard Services and the Remote Data Replication would be calculated using 450GB, which is 50% of the installed 900GB replication storage configuration. The rate per GB used to calculate the monthly fee is based on the Retention Option and Tier chosen for the RBR Standard Services and the Remote Data Replication Services.

6. Customers License Grant. With respect to (i) any data backed up by Company that contains Customer Technology; (ii) Customer Stored Data; or (iii) Customer Equipment, (collectively the Customer Backed up Data), Company, the Company Contractor and Companys affiliates and subcontractors and suppliers are hereby granted and will have a limited, nonexclusive, non-transferable worldwide, irrevocable, royalty-free license to access Customer Backed up Data and to make copies for the purpose of providing Backup and Restore Services. Any limitation of liability in Customers agreement with Company (Agreement) does apply to this license grant with respect to any damages arising therefore.

7. Customer Warranties.

7.1 Right to use Customer Equipment. Customer represents and warrants that (i) it has the legal right and authority, and will continue to own or maintain the legal right and authority, during the period Company provides RBR Services, to place and use any Customer Equipment as contemplated under the Agreement; (ii) in performance of its obligations and use of the RBR Services, Customer will not violate any applicable laws, regulations or cause a breach of any agreements with any third parties, and (iii) with respect to equipment, materials and other tangible items that are used by Customer in receiving RBR Services, Customer will not use such items in violation of any applicable manufacturer specifications while receiving RBR Services.

7.2 Compliance with Law. Customer will ensure that Customer Stored Data is in compliance with all applicable laws.

8. Disclaimer. Company assumes no liability for any damage to, or loss of, any Customer Equipment resulting from any cause other than the gross negligence or willful misconduct of Company. To the extent Company is liable for any damage to, or loss of, Customers Equipment for any reason, such liability will be limited solely to the then-current replacement value of Customers Equipment, and in the case where service delivery failure results from such damage, the remedies associated with service delivery failure pursuant to the Service Level Agreement.

9. Termination for Convenience. Customer may terminate all or part of the RBR Services on an Order Form for convenience prior to the end of the commitment period selected by Customer, by providing Company not less than 30 days prior written notice, subject to the early termination fee schedule set forth below. Upon the effective date of termination: Customer will pay any and all invoices for the terminating RBR Services provided through the date of termination and within thirty (30) days of termination, Customer will return all Company Technology to Company and deliver or make available all Company Supplied Equipment to Company for removal purposes.

9.1 Early Termination Fee Schedule.

9.1.1 If Customer terminates any of the RBR Services prior to the end of the commitment period for such services or decreases the volume of Customer Stored Data greater than 60% within a 3-month period, which will be considered by the parties as an early termination, Customer will pay upon such early termination the following fees: If Customers commitment period is for a 12 month period, and Customer terminates within 12 months after the RBR Standard Service Commencement Date Customer will pay the RBR Services Residual Value. RBR Services Residual Value means the average monthly billed charges for the period prior to the date of termination multiplied by the remaining number of months in the initial 12 month period. As an example, if average monthly billed charges were $500 for months 1 through 5 and Customer terminates RBR Services in month 6, then the termination fee would be $3,500 ($500 x 7 remaining months). If Customers commitment period is for a 36 month period, and Customer terminates prior to the expiration of such 36 month period or decreases the volume of Customer Stored Data greater than 60% within a 6-month period (which will be considered by the parties as an early termination), Customer will pay upon such early termination the following fees:

Time of Termination	Early Termination Fee
1 to 12 months	100% of RBR Service and Remote Data Replication Residual Value
13 to 24 months	60% of RBR Service and Remote Data Replication Residual Value
25 to 36 months	30% of RBR Service and Remote Data Replication Residual Value

RBR Service and Remote Data Replication Residual Value means the average monthly billed charges for RBR Service and Remote Data Replication for the period prior to the date of termination multiplied by the remaining number of months in the initial 36 month period. As an example, if average monthly billed charges were $500 for months 1 through 18 and Customer terminates the RBR Service and Remote Data Replication in month 18, then the termination fee would be $9,000 ($500 x 18 remaining months).

10. Service Levels. Any service credits provided to Customer under the Service Level Agreement will constitute Customers sole and exclusive remedy with respect to the Remote Backup and Restore Services and any service levels not met including without limitation, any data that is lost or otherwise unrecoverable.

VI. SERVICE LEVEL AGREEMENT

1. SLA for Servers Overview.

1.1 Customer will be assigned to a 12 hour backup timeframe during which Customers regularly scheduled daily backup will begin. The two backup timeframes begin at either 5pm or 1am Eastern Time. A backup may be paused and restarted or simply allowed to continue beyond the timeframe, provided that Customers server is available. Company reserves the right to adjust the back-up timeframes upon written communication of such change to Customer.

1.2 The maximum service credits for service levels not met in any month will not exceed 20% of that months service charges.

1.3 Customer must request an SLA credit within 4 months from the date the service level standard was not met.

1.4 Reporting on any back up service activities and back up data storage used will be updated on a daily basis and will be available to Customer via Companys website portal.

1.5 Company will use commercially reasonable efforts to provide Customer with an e-mail communication seventy-two (72) hours in advance of any planned maintenance requiring or posing a significant risk of a service outage.

1.6 Service levels will be effective following a 60 day implementation and successful completion of the testing period of the last server provisioned under an Order Form.

2. SLA for Servers Service Level Exceptions. Customer will not receive any service level credits for service levels not met if: (i) Customers server or folders and files therein were not available due to Customers action or inactions, including but not limited to, Customer maintenance, Customers failure to repair a non-functioning server, Customers server not being online, Customer failure to maintain Internet access, or any other Customer activity on the Customer server during the backup timeframe; (ii) backup cancelled at Customers request; Customers use of the Cancel Work Order function; (iii) scheduled maintenance; (iv) problems at a Customer Facility which prevent operation of the server recovery service, including but not limited to, power outages greater than 30 minutes, routers and other equipment at the Customer Facility; (v) network or system problems outside of the Point of Demarcation (which will mean the outward facing side of the router at the RBR Control Data Center connecting Customer to such RBR Control Data Center) including local public utility outages; (vi) changes made to the Customers server or environment where such server is located without proper notification to Company which prevents the RBR Services from taking place; (vii) any other unavailability arising from an incident not caused by Company. Additionally, for the RBR with Remote Data Replication Services, Customer will not receive any service level credits for service levels not met if: (a) the defect was caused by Customers failure to maintain a suitable operating environment or otherwise to maintain the software and hardware in a secure physical environment; (b) the defect was caused by accident, unusual physical or electrical stress, misuse or abuse, or by use of the software and hardware in a manner other than its reasonably intended purposes and as recommended in the applicable documentation; (c) the serial number has been removed from the Company Supplied Equipment; (d) the failure is due to a product for which Company is not responsible; (e) if modifications of the software and/or hardware were made without pre-approval by Company in writing; (f) Repair or attempted repair of the hardware was made without pre-approval by Company in writing; (g) parts of the hardware were substituted without pre-approval by Company in writing; (h) damage occurred arising from unauthorized moving or removal/reinstallation of the software and hardware.

3. Service Levels for Servers.

3.1 Backup Service Level. The backup service level is only applicable to RBR Standard Services and RBR with Data Replication Services and is not available for any other services selected by Customer on an Order Form.

3.1.1 Service Level Standard. Company will provide successful completions of backups of identified files on Customers servers within a 12 hour window (starting at the initiation timeframe and ending 12 hours thereafter) at least 95% of the time.

3.1.2 Resolution Allowance. The percentage of Monthly Successful Completed Backups is determined based on the total number of backup jobs successfully completed within that window, divided by the total scheduled backups during a month.

3.1.3 Remedy. If the Service Level Standard is not met, Customer will be eligible for a credit of 1/28th of that months fees for the service for the affected server on the next months invoice.

3.2 Restore Service Level. Only applicable to Backup and Restore Standard Service and Data Replication Service.

3.2.1 Service Level Standard. Restores will be initiated within 30 minutes of a Customer request via the web-based portal provided by Company for such purposes. Initiation means the point in time when the restore process is initiated. Customer requests made by phone, e-mail or any other method are not included in this Service Level Standard.

3.2.2 Remedy. Customer will be eligible for a credit of 10% of fees for the current month on the next months invoice fees for the service for the affected server for each restore request that is not initiated within thirty (30) minutes of the receipt of the request.

3.3 Retention Service Level. Only applicable to Backup and Restore Standard Service and Data Replication Service.

3.3.1 Service Level Standard. Backup version of files will be retained on line as mutually agreed in writing between the Customer and Company. Retention is only applicable for data that was successfully backed-up.

3.3.2 Remedy. Customer will be eligible for a credit of 1/28th of the current months fees for the service for each server, where Company does not restore the Customers requested data from the backup file, on the next month's invoice.

3.4 Service Request Response Time SLA. Only applicable to Backup and Restore Standard Service.

3.4.1 Service Level Standard. Company will implement a revision to the Backup and Restore service within fourteen (14) days from the time Customer receives an e-mail from Company stating that the revisions has been accepted by Company and all Customers servers are available.

3.4.2 Remedy. Customer will be eligible for a credit of 1/28th of the current months fees on the next months invoice for each day following the 14 day period.

4. SLA for PC Overview.

4.1 A PC will be assigned to a backup timeframe window during which regularly scheduled daily backup will begin. A backup may be paused and restarted or simply allowed to continue beyond the window provided the PC is available.

4.2 The maximum service credits in any month cannot exceed the total of that months charges for RBR Service for the affected PC.

4.3 The Service Levels for PC will only be effective thirty (30) days after an implementation and testing period for each PC.

5. Service Level for PC Exceptions. Customer will not receive any service level credits for service levels not met if Customers PC (including the folders, files and data therein) is not available due to (i) Customer or Customers end users maintenance or other activity during the backup timeframe window, including the failure of a PC to be online at any point during the backup timeframe window; (ii) a backup that is cancelled at Customers request; (iii) scheduled maintenance, which will mean a four-hour daily scheduled maintenance period of the PC Services Infrastructure; (iv) periods of emergency maintenance activities; (v) network or system problems outside of the Point of Demarcation (including local public utility outages); (vi) changes made to the PC, without proper notification to Company that prevents the RBR Standard Service for PC from taking place; (vii) failure of the PC; (viii) modifications of the Company-provided software or hardware by Customer or any third party, unless approved in writing by Company; (ix) repair or attempted repair of Company provided software or hardware by Customer or any third party, unless approved in writing by Company; (x) other activities that Customer directs and denial of service attacks; (xi) lack of availability or untimely response of Customer to respond to incidents that require its participation for resolution; and (xii) Customers non-performance of its obligations, including operator errors when Customer is performing activities such as system administration, commands and file transfers.

6. Availability Service Level PC Services Infrastructure.

6.1 Service Level. The PC Services Infrastructure, which means the infrastructure used to provide the RBR Standard Service for PC, will be available for PCs 99% of the time each month.

6.2 Remedy. Customer will be credited for RBR Service for Backup Charges in 1.1.2 on the next month's invoice when the PC Services Infrastructure is available for the End Users less than 99% for the month. This credit will be 5% of the current months Backup Charges in 1.1.2 for RBR Standard Service for PC for the affected PC.

7. Retention Service Level.

7.1 Service Level. Backup versions of files will be retained on line for up to thirty days and will be available for purposes of restoring such data to PC. Retention Service Level is only applicable to data that was successfully backed up.

7.2 Remedy. Customer will be eligible for a credit of 1/28th of the current months Backup Charges in 1.1.2 for the PC for which data was not retained, for each occurrence of a restoral not met, not to exceed the current months Backup Charges in 1.1.2 for such PC.