Hybricom, Inc. Service Level Agreement (SLA):

99.9% monthly network uptime guarantee

2 hour hardware failure response time

Based on a 30 day month and 24 hours per day.

Network commitment
The Hybricom, Inc. network will be available 99.9% of the time 24 hours per day, 7 days per week. Any individual or sum of unscheduled outages exceeding 43.2 minutes per month as measured by Hybricom, Inc. will constitute a violation.

Hardware commitment
Available for managed servers only. In the case of a hardware problem with your managed server (e.g. hard disk failure, memory, CPU power supply.) we hold spare componenents within the data center facilities. In most cases we are able to replace faulty components or provision a replacement server within 2 hours. The time determined to bring service online depends on data migration or restoration if needed and the managed package used by client. Example: A "High Availability" managed package has a quicker recovery time than a single node managed server in the event of a hard drive failure.

We will replace failed hardware components but we are not liable for the loss of data that results from a hardware failure. Hybricom, Inc. has backup options available to ensure data can be restored to the date of the latest backup. We offer a credit for hardware faults based upon the time the server was unavailable to the time the hardware was replaced. This doesn't include time to restore data.

Credits
A credit request must be submitted to billing@hybricom.com. A credit is added to your account with the amount determined by SLA and will be applied to the next generated invoice.

A service interruption must not be a result of the following circumstances in order to receive a credit.(Exclusions)
Circumstances beyond the reasonable control of Hybricom, Inc, including, without limitation, acts of any governmental body, war, insurrection, sabotage, terrorism, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, e-commerce software, payment gateways, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
Outages or SLA failures resulting from any act or omission by third party, customer or its agents, including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, etc.); negligence, willful misconduct; exceeding allowable monthly bandwidth allocation; or any use of the services in violation of the applicable TOS or AUP;
Account suspension due to nonpayment of sevices aquired;
The failure of interconnecting service or equipment not part of Hybricom Inc.’s Equipment or Service or otherwise within Hybricom, Inc.’s control;
Interruptions that result from scheduled maintenance and repair;
A Force Majeure condition.

Scheduled Maintenance
We will provide advance notice of scheduled maintenance or repair.

Network fault is defined as an outage in which you are unable to connect to all services of servers or equipment leased by client but does not include planned outages, partial outages or degradation of service due to high packet loss, or similar conditions, which may be indicative of the Internet as a whole.

1 to 4 hours 1 day of credit 4 to 6 hours 2 days of credit 6 to 12 hours 3 days of credit 12 to 24 hours 5 days of credit

Monitoring commitment
Our network is continuously and automatically monitored. We are immediately informed of any potential problem so that it is normally rectified before your service is affected.

Support Commitment
Standard non-critical support requests similar to user account creation or enabling of a feature will be responded to within 12 hours. Any support request needing higher level of attention will get a response within 1 hour. Resolution time is dependant on the nature of the issue submitted.

We are compliant with all best practice security procedures regarding data integrity, privacy and the communication of sensitive information.

Limitation of Liability:
(a) Under no circumstances will Hybricom, Inc. or its successors and assigns, be liable to the Customer for any incidental, special or consequential damages, expenses, costs, liability, loss or damage whatsoever, whether arising in negligence, tort, statute, equity, contract, common law or any other cause of action or legal theory. The Customer agrees, acknowledges and confirms that Hybricom, Inc.'s liability arising out of or in connection with this Agreement and the provision of the Services, and the Customer's exclusive remedy, shall be limited to the Fee paid by the Customer and that this limitation is fair and reasonable in the commercial circumstances of this Agreement and that Hybricom, Inc. would not have entered into this Agreement but for the Customer's agreement to limit Hybricom, Inc.'s liability in the manner, and the extent, provided for herein.

(b) For greater certainty, Customer agrees that Hybricom, Inc. and its successors and assigns shall not be liable for any lost profits, anticipated revenue, loss of data, loss of use of any information system, lost business revenue, failure to realize expected savings or any other commercial or economic loss of any kind whatsoever arising out of or in connection with this Agreement or the provision of the Services, even if Hybricom, Inc. has been advised of the possibility of such loss.

(c) Hybricom, Inc. is not liable for protection or privacy of electronic mail or other information transferred through the Services or any other network provider its customers may utilize.

(d) Hybricom, Inc. assumes no liability arising from the use of the Services furnished by Hybricom, Inc. in combination with services, products or equipment provided by Customer or any third parties.

(e) The Customer shall have sole responsibility for the preparation of its programs and data. Hybricom, Inc., its directors, employees, sponsors and agents shall not be responsible for any fault or error in the Customer's programs or any programs accessed through the Services or the Internet.

(f) This Section shall apply even in the event of a breach of condition, a breach of an essential or fundamental term or a fundamental breach of this Agreement.

Indemnity:
(a) The Customer shall indemnify Hybricom, Inc., its successors and assigns, and their directors, officers, employees and agents harmless from and against all loss, liability or damages of any type and expense, including reasonable legal fees, arising from any and all claims by any third party, including end users and distributors (collectively, the "Third Party"), in connection with the use of the Services (and related equipment) by the Customer or any Third Party or in connection with the Customer's failure to comply with its obligations under this Agreement, whether the failure is attributable to the Customer or to some other person using the Customer's account with or without permission of the Customer.

(b) The Customer shall indemnify Hybricom, Inc., its successors and assigns and their directors, officers, employees and agents, against any claim by a Third Party for alleged infringement of any copyright, trademark or any other intellectual property rights which arises as a result of the storage or processing of any of the Customer's programs or data on or through the Services or the Internet.

(c) The indemnities contained herein shall survive termination of this Agreement for the maximum time period permitted by law.

Amendments and Changes:
Periodically, the terms of the Hybricom, Inc. Service Level Agreement shall change in accordance with market conditions, increased ISP performance expectations, etc. The current version of the Hybricom, Inc. Service Level Agreement shall be made available in electronic or paper format on demand to any Hybricom, Inc., customer or prospective customer by emailing support@hybricom.com.