This Service Level Agreement (the “SLA”) is an integral part of your agreement with 247RACK, Inc., a Delaware corporation (“247RACK”) for the provision of services (collectively the “Services”) set forth on the Service Order.

This SLA defines the terms of our responsibility with respect to the Services that we provide (the “Service Commitments”) and your remedies in the event that we fail to meet these Service Commitments. This SLA and the refunds set forth herein (the “Service Credits”) represent 247RACK’s sole obligation and your sole remedy for our failure to meet such Service Commitments.

The Service Commitments under this SLA are as follows:

Network Uptime

247RACK guarantees 100% network uptime for our public Internet network, excluding scheduled maintenance. Notwithstanding the foregoing, you recognize that the Internet is comprised of thousands upon thousands of autonomous systems that are beyond the control of 247RACK. This SLA and the 100% Network Uptime Service Commitment cover the provision of access by 247RACK to the global internet “cloud”. Routing anomalies, asymmetries, inconsistencies and failures of the Internet outside of the control of 247RACK can and will occur, and such instances shall not be considered any failure of the 100% Network Uptime Service Commitment. 247RACK proactively monitors network uptime. The results of these monitoring systems shall provide the sole and exclusive determination of network uptime.

Infrastructure Uptime

247RACK guarantees that the critical infrastructure systems will be available 100% of the time in a given month, excluding scheduled maintenance. Critical infrastructure systems include all power and HVAC infrastructure, including UPS, PDU and cabling. Critical infrastructure systems do not include any software or services running on a server, nor do they include any server hardware. 247RACK proactively monitors infrastructure availability. The results of these monitoring systems shall provide the sole and exclusive determination of infrastructure availability.

Host Uptime

247RACK guarantees the functioning of all server hosts, including compute, storage and hypervisor. If a server host fails, we guarantee that restoration or repair will be complete within one hour of problem identification.

If a server migration is required because of server host degradation, we will notify you at least 24 hours in advance of beginning the migration, unless we determine, in our reasonable judgment, that we must begin the migration sooner to protect your server data. Either way, we guarantee that the migration will be complete within three hours of the time that we begin the migration.

247RACK proactively monitors host uptime. The results of these monitoring systems shall provide the sole and exclusive determination of host uptime.

One-Hour Hardware Replacement

Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with the server. 247RACK guarantees the functioning of all hardware components and will replace any failed component within one (1) hour of 247RACK’s identification and confirmation of the problem at no cost to you. This One-Hour Hardware Replacement covers the time to have the hardware installed, powered and operational, but excludes the time required to rebuild a RAID array, reload of certain operating systems and applications and restoration of any data.

Backup Responsibility

You understand that you are solely responsible for ensuring that all data residing on any server managed through 247RACK is backed up. 247RACK assumes no responsibility for such data, any loss thereof or inability to access any such data. In no event shall 247RACK be liable for damages resulting from loss of data, profits or for any incidental or consequential damages, even if advised of the possibility of such damage.

Security and Patching Responsibility

Windows: Windows updates are provided through WSUS, which will apply updates, and schedule reboots automatically for any patches that we approve. We may withhold patches if they have any reports of breaking applications or versions of Windows at our discretion.

Linux: We utilize an internal mirror for patching and patches are automatically downloaded and applied; security updates concerning the kernel or requiring kernel dependencies require reboots which are the customer’s responsibility. Minor and major operating system upgrades are only provided upon customer request.

Third-Party Applications: We are in no way responsible for application-level patching or upgrades but will assist customers upon request at our discretion.

Service Credits

In the event that we fail to meet a guarantee stated above (excluding scheduled maintenance), 247RACK will refund 20% of your monthly service fees for each three (3) hours of downtime experienced up to 100% (for all Service Credits in a given month) of the monthly service fees for those Services affected.

Service Credit Requests

All SLA claims should be communicated via a Ticket in My247RACK.com customer portal within seven (7) days of the incident. The ticket must include all relevant information, including host name, IP address, full description of the incident, and any logs (if applicable). All SLA credits will be issued as credits against future invoices for services.

In order to qualify for Service Credits, you must be current on all payment obligations, and not be in violation of the Terms of Service, Acceptable Use Policy or any other policies and procedures of 247RACK.

No Service Credits will be given for service interruptions: (i) caused by the action or failure to act by you or your personnel, (ii) due to failure of any equipment or software provided by you, (iii) which are the result of scheduled maintenance, (iv) due to a force majeure event, (v) for which you are entitled to a Service Credit for the same or contemporaneous Service Commitment failure or (vi) resulting from your breach of the Terms of Service, Acceptable Use Policy or any other policies and procedures of 247RACK.

Total cumulative Service Credits during any given month shall not exceed your monthly fee for those Services affected.

247RACK may modify any aspect of this SLA upon thirty (30) days’ prior notice. Should you wish to terminate this Agreement as a result of such modification, you may do so by sending a notice of termination via a Ticket in My247RACK.com customer portal any time prior to the effective date of such modification and no Early Termination Fees will apply. Absent such termination notice, the modified SLA shall apply from the effective date for as long as you continue to retain Services from 247RACK.

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