CONDITIONS AND TERMS :
Server Hardware
Elite Facility guarantees the functioning of all hardware components relating to its customers dedicated server and will replace any failed component at no cost to customer within two (2) hours of receipt of customer's trouble ticket and Elite Facility's identification of the problem. Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with the server. This replacement guarantee does not apply to the time required for rebuilding a RAID array or the reloading of the operating system, applications, and data.

Infrastructure Availability
Elite Facility guarantees that the mission critical systems included power, HVAC, UPSs, PDUs and cabling (not including power supplies on customers' servers), will be available 99.9% of the time in any given month, excluding scheduled maintenances. Infrastructure downtime exists when the customers' server is shut down or not available due to an infrastructure problem and is measured from the time when the customer reports the trouble ticket.

Network Availability
Elite Facility guarantees that its network will be available 99.9% of the time in any given month, excluding scheduled maintenances. Network availability includes the functioning of its routers, switches, and cabling (but does not include services or software running on your server) and is measured from the time when the customer reports the trouble ticket.

Maintenance
Scheduled Maintenance is defined as any maintenance performed in Elite Facility's data center of which the customer is notified at least twenty-four (24) hours in advance. Notifications will be made to the designated customer administrator. Emergency maintenances is defined as any maintenance performed in Elite Facility's data center that is determined necessary to avoid an immediate threat to Elite Facility's data center, including customers' servers. Emergency maintenances are exempt from the 24 hours advance notice and are not counted against the Service Level Agreement.

Backups
All customer data is backed up to tape using an LTO tape library. Elite Facility performs full tape backups on a weekly basis. Tapes are stored in an off-site location on a weekly basis. Weekly backups are retained for three (3) weeks. Backups are performed for disaster recovery purposes only. Elite Facility is not responsible for data loss resulting from the failure of the data storage device or backup media.

Remedies
In the event Elite Facility fails to meet the Service Level Agreement as outlined herein and the customer follows the procedures outlined herein, Elite Facility will apply a credit ("Credit") to customer's account in an amount equal to five percent (5%) of the Net MRC for each hour of downtime or fraction thereof. "Net MRC" means the monthly recurring charge for hosting service for the server(s) experiencing the issue. Credit must be requested by opening a trouble ticket and will not be applied to accounts that are past-due. Upon cancellation of the customer's account, any outstanding or previously accrued Credits will be forfeited. Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the Net MRC paid by customer for such month for the affected Services.

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