Definitions

For purposes of this Service Level Agreement:

“Availability” means the percentage of a particular month that the vStream replication target is available for inbound replication from Customers, excluding periods of Scheduled or Emergency Maintenance;

“Data center network” means the portion of the Insight Technologies network extending from the network egress point of your cloud server host to the outbound port of the data center border router;

“Emergency Maintenance” means maintenance activities performed by Insight Technologies with little or no advance notice when necessary to protect and maintain the security and integrity of Insight Technologies services.

“Scheduled Maintenance” means maintenance activities performed by Insight Technologies as part of operating the Services. Insight Technologies will do its best to provide 24 hours advanced notice to customers of scheduled maintenance activities and expected impact.

“Recovery Time Objective” means the time elapsed from when the customer notifies Insight Technologies of a declaration of disaster through agreed upon mechanisms or through an automated interface until the customer restored virtual machines are powered on in the Insight Technologies Secure Cloud infrastructure.

Objective

It is Insight Technologies’s objective to achieve 99.9% Availability for vStream inbound replication services and provide a Recovery Time Objective (RTO) of less than 4 hours for up to 50 replicated servers.

Remedy

If we fail to meet the objective stated above, you may be eligible for a credit. Credits will be calculated as a percentage of the fees for replicated servers adversely affected by the failure for the current monthly billing period during which the failure occurred (to be applied at the end of the billing cycle), as follows:

Service Availability Total Downtime in a 30 Day Calendar Month Credit
99.9% – 100% Up to 43.2 minutes 0%
99% to 99.9% 43.2 minutes up to 7.2 hours 10%
98% to 98.9% 7.2 to 14.4 hours 15%
95% to 97.9% 14.4 to 36 hours 25%
90% to 94.9% 36 to 72 hours 50%
Less than 90% More than 72 hours 100%

Limitations

You are not entitled to a credit if you are in breach of your services agreement with Insight Technologies (including your payment obligations to us). You are not entitled to a credit if downtime would not have occurred but for your breach of your agreement with Insight Technologies or your misuse of the Services. You are not entitled to a credit for downtime or outages resulting from denial of service attacks, virus activity, hacking attempts, Internet or connectivity outages outside of the Insight Technologies network, or any other circumstances that are not within our control.

To receive a credit, you must request a credit in writing to Insight Technologies within ten (10) days following the end of the downtime. Requests must include the date and time of the unavailability of services. You must show that your use of the Cloud Server was adversely affected in some way as a result of the downtime to be eligible for the credit.

Notwithstanding anything in this Service Level Agreement to the contrary, the maximum total credit for the monthly billing period, including all guaranties, shall not exceed 100% of your vStream Replication fees for that billing period for the affected service. Credits that would be available but for this limitation will not be carried forward to future billing periods.

This Service Level Agreement is part of your Insight Technologies Cloud Terms of Service.

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Insight Technologies

Grand Forks
2600 Demers Avenue Suite 101Grand Forks, ND 58201

Fargo
1402 43rd Street South
Suite 200
Fargo, ND 58103

Phone: (800) 279-4796 Email: info@greatinsight.com

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