Service Level Agreement

Monthly Uptime Guarantee

• • Mountain Stream guarantees that its Service will be available 99.5% of the time in a calendar month (“Monthly Uptime Guarantee”), excluding Maintenance and Exclusions (both terms of which are defined below).
  • “Service Downtime” is defined as an inability to access the Service caused by failure of network equipment managed, owned, leased or used by Mountain Stream to provide the Service, including the failure of managed switches, routers, and cabling but excluding Maintenance and Exclusions.
  • The Monthly Uptime Guarantee does not include time required to perform data restores and backups, which occur four (4) times daily,  if applicable.

Irrecoverable Data Guarantee

If you attempt to access any of your data but the data is irrecoverable, you must report the same to Mountain Stream as soon as possible. Mountain Stream will investigate the cause of the same and will require your assistance during such investigation. If the result of Mountain Stream’ investigation indicates that the cause of such irrecoverable data is due to the fault of Mountain Stream, then Mountain Stream will grant a service credit to you up to a maximum of the fee charged to you for the calendar month during which the irrecoverable data event took place.

Maintenance

“Maintenance” means and includes:

• • any scheduled maintenance of the cloud data centers used by Mountain Stream to provide the Service of which you are notified at least [3] days in advance. For the purpose of notifying you, Mountain Stream will use the contact email on record. Please ensure that this email is up to date and accessed frequently; and
  • any maintenance of the data centers used by Mountain Stream: (a) is necessary to avoid an immediate threat to the data center or the Service and (b) of which Customer is notified.

Exclusions

Service Downtime not deemed to be the fault of Mountain Stream includes the following:            

• • the actions or omissions of yourself or your employees, agents, representatives or contractors using the password(s) and user ID(s) issued by Mountain Stream to you to access the Service;
  • the result of Maintenance;
  • Denial of Service attack, hacker activity, or other malicious event or code targeted against Mountain Stream or ah Mountain Stream customer;
  • failure of any hardware, software, network or Internet infrastructure not owned or managed by Mountain Stream or its sub-contractors;
  • factors outside Mountain Stream’ reasonable control.