Service Level Agreement

Service Level Agreement for Windows Platform, for the process of online backup and restores, this does not include Sharing.

Service Level
Technology Hardware & Services LLC. ("TH&SLLC") agrees to provide the Customer ("You") the Florida Remote Backup Service (the "Florida Remote Backup Service") for Your PC and any subsequent PC's that you may opt for backup as described in this Service Level Agreement (the "SLA" or "Service Level Agreement"). For purposes of this Agreement "Your Data" shall be deemed to include any information transmitted from PC using the Florida Remote Backup Service.

Current Data Protection
Backup configurations can be set to run periodically, typically on a daily scheduled basis. When a backup configuration is running, only changes to files and databases you have selected for backup on the PC are captured by the Florida Remote Backup agent and immediately queued for transmission to the Florida Remote Backup Servers. It is critical that the PC from which you choose to opt for a backup job have a stable Internet connection to facilitate the necessary data transfer for successful backups. User is expected to review the log content of every backup execution to make sure that the backups have taken place successfully. The Florida Remote Backup agent provides various means for communication of the backup status including desktop notification, email notification with various information level options.

Historical Data Protection
After the Initial Backup of a PC has been a completed, subsequent backups of the same data (files/backup jobs) on such PC's would be versioned up to a maximum of 30 historical versions. This means that the first backup performed is a complete full backup and the subsequent backup of the file(s)/backup sets would be incremental and versioned thereby facilitating a data archiving facility to retrieve previous backups.

Internet-Based Restore
Restore time over the network is limited by Your connection bandwidth speed and quality up to speeds of approximately 1.5 Mbps. At speeds faster than 1.5 Mbps, other factors may limit network restore times. Network performance, data compressibility and end user systems may affect restore times.

THE Florida Remote Backup SERVICE
When used in accordance with the usage requirements and guidelines specified in the product documentation of Florida Remote Backup agent, the Florida Remote Backup Service provides online backup protection for the operating systems listed. The Florida Remote Backup Service is able to protect your PC data information subject to limitations outlined for the Florida Remote Backup agent.

To deploy the Florida Remote Backup Service, You should download a software module (the "Florida Remote Backup Agent") from a designated web site on to each PC and Install the agent. Once configured and deployed, the Florida Remote Backup Agent replicates and synchronizes the selected data in its entirety (the "Initial Backup") to one of the offsite data storage backup vaults containing servers (the "Florida Remote Backup Server"). After the initial Backup, only changes to files and databases selected for backup on the PC (the "Changes") are sent to the Florida Remote Backup Server.

You manage the Florida Remote Backup Service through a client interface that is personalized with Your custom content. This is the only interface provided with the Florida Remote Backup Service and you are asked to provide a unique encryption passphrase during your first install of the Florida Remote Backup Agent that you would be expected to archive at a safe place. You will not be able to retrieve your PC data correctly without keying in this encryption passphrase on a new PC when you run a retrieval operation. You are advised to store and make copies of this encryption passphrase as Florida Remote Backup Service assumes no liability for the loss or damage of the same key leading to 'non-retrieval of your PC data by the Florida Remote Backup Agent' situations.

From time-to-time this Service Level Agreement may change. A modification may include, but is not limited to, changes in system requirements, restrictions, limitations, or bandwidth requirements. You will be notified via electronic mail and/or through a Web site posting, whose location will be specified in the electronic mail notification. You are responsible for ensuring that Your system conforms to any updated restrictions, limitations or requirements.

In the event that Your use of the Florida Remote Backup Service is adversely affecting the operation of the Florida Remote Backup Service, Your Florida Remote Backup Service may be terminated by TH&SLLC without liability to TH&SLLC, its suppliers or other end users. In order to prevent Your use of the Florida Remote Backup Service from adversely affecting the effectiveness of the Florida Remote Backup Service for other end users, or to preserve system integrity or prevent network abuse in which case notice shall be provided to You via e-mail promptly following such emergency termination. You are responsible for updating TH&SLLC as to any changes to Your email and contact information to facilitate communication of these notices via a change to your 'Profile' information via the web interface.

TH&SLLC provides assurance that at least via one of its access methods, which may include Florida Remote Backup agent and the Web Interface of its online backup service is accessible at least 99.9% of the time at its data center. This does not provide assurance on the actual backup and restore execution since it is dependent on various factors that include network connectivity at user end and the route from the user's computer to Florida Remote Backup servers on which TH&SLLC has little control. In the event the service is not available at the data center for times that exceed the limits mentioned above when computed on a yearly basis from a point in time, the liability would be limited to the user's prorated charges for the outage time.