This Service Level Agreement ("SLA") shall be binding upon all Mavenspire customers using Electronic Hosting Services for Email, Spam & Virus Protection, Remote Data Storage, and all other Mavenspire Hosted Services. Use of any Mavenspire Hosted Service constitutes agreement and consent to the Terms and Conditions of use as well as all terms of this SLA.

Mavenspire reserves the right to amend this Agreement at any time, with or without advanced notice.

Maintenance

In order to keep our systems in excellent working order, and to provide premium service to our customers, routine and emergency maintenance procedures are required. Routine maintenance occurs monthly on the first Thursday of each month from 9:00pm EST to 5:00am EST. During this time, systems may not be available for use. Additionally, periodic maintenance and upgrades are performed whenever they are deemed necessary. Service outages will be scheduled two or more days in advance during non-peak hours. In some cases, emergency maintenance may be required. We will make every effort to provide a minimum of four hours notice of any outages that might be associated with emergency maintenance. However, Mavenspire reserves the right to take systems down for maintenance at any time, with or without warning, if it is deemed necessary.

Data Security

Mavenspire employs industry best practices to keep our systems and your data reliable and secure. Some of the measures we utilize include multi-tier electronic security, firewall, and authentication systems. This includes physical security measures at our facilities and advanced access control to keep your information private. While Mavenspire will make every effort to keep unauthorized users out of your systems, the customer agrees to indemnify and hold Mavenspire forever harmless in the event of any unauthorized access, service outage, denial of service, or other malicious event. It is the responsibility of the customer to use secure passwords and to keep them private. Contact Mavenspire for more information on how to keep your Hosted Service as secure as possible.

Data Reliability

Mavenspire utilizes highly redundant systems and hardware for storing and processing data. These systems include clustered servers with multiple levels of internal redundancy, and replicated fault tolerant storage media. Additionally our systems run on guaranteed power, with a meticulously maintained Uninterruptible Power Supply and generator backup. Our servers reside in facilities employing superior fire suppression technology as well as advanced HVAC cooling systems. Mavenspire also makes a master backup weekly of all systems and data, and stores this backup at an alternate site. While Mavenspire will make every effort to insure total data protection and backup, the customer agrees to indemnify and hold Mavenspire forever harmless in the event of data loss. It is the customer's responsibility to protect data. Mavenspire cannot recover data once a customer chooses to delete it.

Uptime Guarantee for Service Availability

Mavenspire guarantees our Hosted Services will be available to customers in good-standing at least 99.9% of the time, excluding System Maintenance as described above. This means that each service shall be running and available to correctly configured and connected clients virtually every minute of every day. In the event our system is not available 99.9% of the time for any given month, and the outage does not qualify on the below exception list, Mavenspire will issue a pro-rated credit for each hour of service outage beyond the 0.1% allowable time.

Exceptions

1. System Maintenance scheduled at least four hours in advance, or any maintenance (scheduled or otherwise) between the hours of 8:00pm EST and 6:00am EST.
2. Circumstances beyond Mavenspire's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, terrorism, armed conflict, embargo, fire, flood, earthquake, tornado, hurricane, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, attacks (including, without limitation, denial of service attacks, virus attacks), hackers, failure of third party software (including, without limitation, anti-virus software, backup software) or inability to obtain raw materials, supplies, or power used in or equipment needed for any provision of this SLA;
3. Failure of hardware not owned or operated by Mavenspire;
4. Failure of networks or access circuits outside of the direct control of Mavenspire;
5. DNS issues outside the control of Mavenspire;
6. Failure of customer Internet Access;
7. Failure or misconfiguration of customer equipment;
8. Outages or interruptions on the Internet, between the customer and Mavenspire Hosted Services, which may prevent or impair the customer's ability to access our services, excluding outages caused by Mavenspire or occurring on Mavenspire equipment;
9. Any outages that are reported erroneously by outage detection and/or reporting equipment.

Customer Remedy for Service Outage

In the event your Mavenspire Hosted Service is not available in accordance with the terms above, you may request a credit for actual time the service was unavailable. Outages must be reported to Mavenspire within five days of occurrence. Outages can be reported using the Mavenspire Support Web Site, or by sending an email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it . The request for credit must be received no more than ten days after the end of the month when the outage occurred. Monthly credits are applicable toward future service only and may not exceed the total price paid by the customer for services in the same period, excluding any applicable taxes which shall remain the customer's responsibility. The credits described in this section are the customer's sole and exclusive remedy with respect to any failure or deficiency in the Service Availability.

Termination of Service

Customers who terminate their service shall be responsible for retrieving all data and configurations from the Mavenspire systems before their account termination date. For an additional fee Mavenspire can provide backups of customer data and other services to make service transition easier. Upon termination of your Mavenspire Hosted Service Accounts, all customer data shall be permanently and irrevocably deleted and all configurations lost.