DataCall Systems SLA (Service Level Agreement)

Effective: October 1, 2009

This DataCall Systems Service Level Agreement ("SLA") is a policy governing the use of the DataCall Systems Services between DataCall Systems Co. ("DataCall Systems", "us" or "we") and users of DataCall Systems Services ("you").

Service Commitment

DataCall Systems will use commercially reasonable efforts to make DataCall Systems Services available with an uptime Percentage (shown below) of 100% during any calendar month ("Service Commitment"). In the event DataCall Systems does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

We will apply the Service Credit Percentage as shown above directly to your Account. Service Credits shall not entitle you to any refund or other payment from DataCall Systems. A Service Credit will be applicable and issued only if the credit amount for the applicable calendar month is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Your sole and exclusive remedy for any unavailability or non-performance of  DataCall Systems Services or other failure by us to provide DataCall Systems Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA or termination of your use of DataCall Systems services.

Definitions

To receive a Service Credit, you must submit a request by sending an e-mail message to support@DataCallSystems.com. To be eligible, the credit request must (i) include your account email address in the subject or body of the e-mail message; (ii) include, in the body of the e-mail, the dates and times of each incident when DataCall Systems is not available; and (iii) be received by us within ten (10) business days after the end of the calendar month in which the errors occurred. If the Monthly Uptime Percentage applicable to the month of such request is confirmed by us and is less than 100, then we will issue the Service Credit to you within one billing cycle following the month in which the error occurred. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

DataCall Systems SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of DataCall Systems Services, or any other DataCall Systems Services performance issues: (i) that result from Service Suspensions; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of any DataCall Systems Global Point of Presence, including any denial-of-service attacks on a single or multiple DataCall nodes; (iii) that result from any actions or inactions of you or any third party; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (v) arising from our suspension and termination of your right to use DataCall Systems Services in accordance with your contract with DataCall System. If availability is impacted by factors other than those previously stated, we may issue a Service Credit considering such factors in our sole discretion.