Utility NAS Service Level Guaranty

We guaranty that your Utility NAS service will be available 99.99% of the time in a given calendar month, excluding scheduled maintenance. If we fail to meet this guarantee, we will credit your account a percentage of your monthly recurring fee for the Utility NAS service based on the duration of the unscheduled downtime, as follows:

• First 30 minutes 10% 31-60 minutes 20%
• 61-120 minutes 30% 121-180 minutes 40%
• More than three hours 50%

Downtime Measurement. Downtime is measured from the time a trouble ticket is opened (by you or us) until access to your stored data is restored.

Limitations. You are not entitled to a credit if you are in breach of the Agreement (including your payment obligations to us) until you have cured the breach. You are not entitled to a credit if downtime would not have occurred but for your breach of the Agreement or misuse of your hosted configuration. To receive a credit, you must adhere to section 4.1.3 of Managed Hosting Terms and Conditions.

This Service Level Guaranty is contingent on ClearDATA having full logical access to your configuration. No credit will be due if the credit would not have accrued but for your restriction of ClearDATA's logical access to your configuration. This guaranty is your sole and exclusive remedy for unscheduled Utility NAS downtime.