Virtual Drive Service Level Agreement

This Virtual Drive Service Level Agreement (“SLA”) is a policy governing the use of Virtual Drive Cloud Service between Virtual Drive LLC. (“Virtual Drive”) and Enterprise Customers of Virtual Drive service (“Enterprise Customer”). Enterprise Customers are those who subscribe to a Virtual Drive Enterprise plans.

This SLA applies separately to each Enterprise Customer using Virtual Drive Cloud services.

Virtual Drive’s Uptime Commitment to Enterprise Customers

The Virtual Drive architecture is designed to achieve 99.99% uptime in any given year. Uptime is defined as a period when you are able to transfer your data on Virtual Drive cloud system and Virtual Drive cloud storage using at least one method or tool. Virtual Drive offers several methods and tools to upload and download your data, currently these methods and tools include: the VirtualDrive.com website, Virtual Drive FTP site, Pro FTP site, drive mapping, Virtual Drive File Manager, and Virtual Drive Online Backup client software.

Unless otherwise stated in a separate contract, your sole and exclusive remedy for any unavailability or non-performance of Virtual Drive Cloud services or other failure by Virtual Drive is the receipt of a Service Credit (if eligible).

Service Downtime

Service downtime is defined when you are not able to both upload and download data using any of the previously mentioned methods and when the cause is due directly to an action, negligence, or component failure of the Virtual Drive system. Service downtime is calculated from the time of initial reporting by the Enterprise Customer to the time the service was back up. If a credit issuing is justified according to the above chart, the customer must contact Virtual Drive within 5 business days to file a claim. The customer can email support@virtualdrive.com or contact a support representative by phone.

SLA Conditions & Exclusions

The SLA does not apply if the Enterprise Customer has breached any part of the Membership Agreement or Subscription Agreement. This includes but is not limited to having an unpaid negative balance at any point during the downtime, illegal or inappropriate use of our services, service abuses such as mass emailing, using P2P software, download manager software or other automatic software or devices that create too many connections to Virtual Drive’s servers.

Other exclusions of the SLA include events and problems which cause downtime and that are normally beyond the control of any online service provider. These may include:

• Natural disasters
• Malicious attacks such as Distributed Denial of Service (DDoS) attacks
• Core hardware maintenance – in very rare cases, certain core hardware needs to be replaced or upgraded, which may cause downtime. Virtual Drive will carefully plan and minimize the downtime.
• Factors outside of our reasonable control (force majeure or internet access problems not controlled by us)
• Any actions or inactions of you or any third party that cause the problem
• Failure of your own equipment, software, network connection or technology and/or third party equipment, software, network connection or technology (other than third party equipment within Virtual Drive’s direct control)
• User errors including but not limited to not properly allocate storage space, or set sub-user, folder or share permissions.

Scheduled network maintenance usually does not cause any downtime. In rare cases it may cause a brief downtime. Such maintenances are usually performed during weekends. If a scheduled maintenance will cause service downtime of more than 15 minutes, notice of scheduled maintenance will be delivered to email addresses registered with Virtual Drive accounts. Virtual Drive reserves the right to perform emergency maintenance at any time without advanced notice.