Common use of Data Recovery Clause in Contracts

Data Recovery. If Your SecuriSync Data (i) becomes corrupted in Your Intermedia-hosted SecuriSync account, due to an act or failure to act by Intermedia; or (ii) is lost due to a direct failure of the relevant Intermedia hardware or datacenter where Your SecuriSync Data is hosted (each, an “Event”), and Intermedia fails to restore Your SecuriSync Data to the last available good state, as determined by Intermedia, in its sole discretion within five (5) business days of your initial submission of a Technical Support Ticket in the administrative control panel reporting SecuriSync Data loss, Intermedia will issue a credit (“Recovery Credit”) for the corresponding amount stated in the table: Amount of SecuriSync Data that Intermedia was not able to restore Recovery Credit Less than 24 hours of SecuriSync Data 25% of monthly fee 24 hours to 48 hours of SecuriSync Data 50% of monthly fee More than 48 hours of SecuriSync Data 100% of monthly fee To request a Recovery Credit, (a) Your Account must be in good standing with Intermedia, (b) You must open a technical support ticket in the administrative control panel reporting SecuriSync Data loss within seventy-two (72) hours of the Event, and (c) You must send an email or written Recovery Credit request to the billing department at xxxxxxx@xxxxxxxxxx.xxx in the month immediately following the month for which You are requesting a Recovery Credit. Recovery Credit requests must identify the name associated with Your Account (such as Your legal corporate name) or Your Account number and the dates and specific periods of lost or corrupted SecuriSync Data for which You are requesting the Recovery Credit. Intermedia will compare information provided by You to the actual SecuriSync Data that resides in Your SecuriSync account. By submitting a request for a Recovery Credit, you authorize Intermedia to make this comparison. A Recovery Credit is issued only if Intermedia confirms an SecuriSync Data loss warranting the Recovery Credit, as set forth above. If Intermedia is unable to restore the relevant SecuriSync Data within five (5) business days of Intermedia’s determination that Recovery Credit request is valid, You will receive a monthly fee credit of one hundred percent (100%). The limits regarding total Recovery Credits under this SLA are set forth in Section 4 of this SLA.

Data Recovery. If Your SecuriSync Data (i) becomes corrupted in Your Intermedia-hosted SecuriSync account, due to an act or failure to act by Intermedia; or (ii) is lost due to a direct failure of the relevant Intermedia hardware or datacenter where Your SecuriSync Data is hosted (each, an “Event”), and Intermedia fails to restore Your SecuriSync Data to the last available good state, as determined by Intermedia, in its sole discretion within five (5) business days of your initial submission of a Technical Support Ticket in the administrative control panel reporting SecuriSync Data loss, Intermedia will issue a credit (“Recovery Credit”) for the corresponding amount stated in the table: Amount of SecuriSync Data that Intermedia was not able to restore Recovery Credit Less than 24 hours of SecuriSync Data 25% of monthly fee 24 hours to 48 hours of SecuriSync Data 50% of monthly fee More than 48 hours of SecuriSync Data 100% of monthly fee To request a Recovery Credit, (a) Your Account must be in good standing with Intermedia, (b) You must open a technical support ticket in the administrative control panel reporting SecuriSync Data loss within seventy-two (72) hours of the Event, and (c) You must send an email or written Recovery Credit request to the billing department at xxxxxxx@xxxxxxxxxx.xxx xxxxxxx@xxxxxxxxxx.xx.xx in the month immediately following the month for which You are requesting a Recovery Credit. Recovery Credit requests must identify the name associated with Your Account (such as Your legal corporate name) or Your Account number and the dates and specific periods of lost or corrupted SecuriSync Data for which You are requesting the Recovery Credit. Intermedia will compare information provided by You to the actual SecuriSync Data that resides in Your SecuriSync account. By submitting a request for a Recovery Credit, you authorize Intermedia to make this comparison. A Recovery Credit is issued only if Intermedia confirms an SecuriSync Data loss warranting the Recovery Credit, as set forth above. If Intermedia is unable to restore the relevant SecuriSync Data within five (5) business days of Intermedia’s determination that Recovery Credit request is valid, You will receive a monthly fee credit of one hundred percent (100%). The limits regarding total Recovery Credits under this SLA are set forth in Section 4 of this SLA.

Data Recovery. If Your SecuriSync ConnectID Data (ia) becomes corrupted in Your IntermediaXband Enterprises-hosted SecuriSync ConnectID account, due to an act or failure to act by IntermediaXband Enterprises; or (iib) is lost due to a direct failure of the relevant Intermedia Xband Enterprises hardware or datacenter where Your SecuriSync ConnectID Data is hosted (each, an “Event”), and Intermedia Xband Enterprises fails to restore Your SecuriSync ConnectID Data to the last available good state, as determined by IntermediaXband Enterprises, in its sole discretion within five (5) business days of your Your initial submission of a Technical Support Ticket in the administrative control panel reporting SecuriSync ConnectID Data loss, Intermedia Xband Enterprises will issue a credit (“Recovery Credit”) for the corresponding amount stated in the table: Amount of SecuriSync ConnectID Data that Intermedia Xband Enterprises was not able to restore Recovery Credit Less than 24 hours of SecuriSync ConnectID Data 25% of monthly fee 24 hours to 48 hours of SecuriSync ConnectID Data 50% of monthly fee More than 48 hours of SecuriSync ConnectID Data 100% of monthly fee To request a Recovery Credit, (a) Your Account must be in good standing with IntermediaXband Enterprises, (b) You must open a technical support ticket in the administrative control panel reporting SecuriSync ConnectID Data loss within seventy-two (72) 72 hours of the Event, and (c) You must send an email or written Recovery Credit request to the billing department at xxxxxxx@xxxxxxxxxx.xxx billing@Xband Xxxxxxxxxxx.xxx in the month immediately following the month for which You are requesting a Recovery Credit. Recovery Credit requests must identify the name associated with Your Account (such as Your legal corporate name) or Your Account number and the dates and specific periods of lost or corrupted SecuriSync ConnectID Data for which You are requesting the Recovery Credit. Intermedia will compare information provided by You to the actual SecuriSync Data that resides in Your SecuriSync account. By submitting a request for a Recovery Credit, you authorize Intermedia to make this comparison. A Recovery Credit is issued only if Intermedia Xband Enterprises confirms an SecuriSync ConnectID Data loss warranting the Recovery Credit, as set forth above. If Intermedia Xband Enterprises is unable to restore the relevant SecuriSync ConnectID Data within five (5) business days of Intermedia’s Xband Enterprises determination that Recovery Credit request is valid, You will receive a monthly fee credit of one hundred percent (100%). The limits regarding total Recovery Credits under this SLA are set forth in Section 4 of this SLA.

Data Recovery. If Your SecuriSync AppID Data (ia) becomes corrupted in Your Intermedia-hosted SecuriSync AppID account, due to an act or failure to act by Intermedia; or (iib) is lost due to a direct failure of the relevant Intermedia hardware or datacenter where Your SecuriSync AppID Data is hosted (each, an “Event”), and Intermedia fails to restore Your SecuriSync AppID Data to the last available good state, as determined by Intermedia, in its sole discretion within five (5) business days of your Your initial submission of a Technical Support Ticket in the administrative control panel reporting SecuriSync AppID Data loss, Intermedia will issue a credit (“Recovery Credit”) for the corresponding amount stated in the table: Amount of SecuriSync AppID Data that Intermedia was not able to restore Recovery Credit Less than 24 hours of SecuriSync AppID Data 25% of monthly fee 24 hours to 48 120 hours of SecuriSync AppID Data 50% of monthly fee More than 48 120 hours of SecuriSync AppID Data 100% of monthly fee To request a Recovery Credit, (a) Your Account must be in good standing with Intermedia, (b) You must open a technical support ticket in the administrative control panel reporting SecuriSync AppID Data loss within seventy-two (72) 72 hours of the Event, and (c) You must send an email or written Recovery Credit request to the billing department at xxxxxxx@xxxxxxxxxx.xxx in the month immediately following the month for which You are requesting a Recovery Credit. Recovery Credit requests must identify the name associated with Your Account (such as Your legal corporate name) or Your Account number and the dates and specific periods of lost or corrupted SecuriSync AppID Data for which You are requesting the Recovery Credit. Intermedia will compare information provided by You to the actual SecuriSync Data that resides in Your SecuriSync account. By submitting a request for a Recovery Credit, you authorize Intermedia to make this comparison. A Recovery Credit is issued only if Intermedia confirms an SecuriSync Data loss warranting the Recovery Credit, as set forth above. If Intermedia is unable to restore the relevant SecuriSync Data within five (5) business days of Intermedia’s determination that Recovery Credit request is valid, You will receive a monthly fee credit of one hundred percent (100%). The limits regarding total Recovery Credits under this SLA are set forth in Section 4 of this SLA.

Data Recovery. If Your SecuriSync ShareSync Data (i) becomes corrupted in Your IntermediaXband Enterprises-hosted SecuriSync ShareSync account, due to an act or failure to act by IntermediaXband Enterprises; or (ii) is lost due to a direct failure of the relevant Intermedia Xband Enterprises hardware or datacenter where Your SecuriSync ShareSync Data is hosted (each, an “Event”), and Intermedia Xband Enterprises fails to restore Your SecuriSync ShareSync Data to the last available good state, as determined by IntermediaXband Enterprises, in its sole discretion within five (5) business days of your initial submission of a Technical Support Ticket in the administrative control panel reporting SecuriSync ShareSync Data loss, Intermedia Xband Enterprises will issue a credit (“Recovery Credit”) for the corresponding amount stated in the table: Amount of SecuriSync ShareSync Data that Intermedia Xband Enterprises was not able to restore Recovery Credit Less than 24 hours of SecuriSync ShareSync Data 25% of monthly fee 24 hours to 48 hours of SecuriSync ShareSync Data 50% of monthly fee 100% of monthly fee More than 48 hours of SecuriSync ShareSync Data 100% of monthly fee To request a Recovery Credit, (a) Your Account must be in good standing with IntermediaXband Enterprises, (b) You must open a technical support ticket in the administrative control panel reporting SecuriSync ShareSync Data loss within seventy-seventy- two (72) hours of the Event, and (c) You must send an email or written Recovery Credit request to the billing department at xxxxxxx@xxxxxxxxxx.xxx xxxxxxx@xxxxxxxxxxxxxxxx.xxx in the month immediately following the month for which You are requesting a Recovery Credit. Recovery Credit requests must identify the name associated with Your Account (such as Your legal corporate name) or Your Account number and the dates and specific periods of lost or corrupted SecuriSync ShareSync Data for which You are requesting the Recovery Credit. Intermedia Xband Enterprises will compare information provided by You to the actual SecuriSync ShareSync Data that resides in Your SecuriSync ShareSync account. By submitting a request for a Recovery Credit, you authorize Intermedia Xband Enterprises to make this comparison. A Recovery Credit is issued only if Intermedia Xband Enterprises confirms an SecuriSync ShareSync Data loss warranting the Recovery Credit, as set forth above. If Intermedia Xband Enterprises is unable to restore the relevant SecuriSync ShareSync Data within five (5) business days of Intermedia’s Xband Enterprises determination that Recovery Credit request is valid, You will receive a monthly fee credit of one hundred percent (100%). The limits regarding total Recovery Credits under this SLA are set forth in Section 4 of this SLA.

Data Recovery. If Your SecuriSync AppID Data (ia) becomes corrupted in Your Intermedia-hosted SecuriSync AppID account, due to an act or failure to act by Intermedia; or (iib) is lost due to a direct failure of the relevant Intermedia hardware or datacenter where Your SecuriSync AppID Data is hosted (each, an “Event”), and Intermedia fails to restore Your SecuriSync AppID Data to the last available good state, as determined by Intermedia, in its sole discretion within five (5) business days of your Your initial submission of a Technical Support Ticket in the administrative control panel reporting SecuriSync AppID Data loss, Intermedia will issue a credit (“Recovery Credit”) for the corresponding amount stated in the table: Amount of SecuriSync AppID Data that Intermedia was not able to restore Recovery Credit Less than 24 hours of SecuriSync AppID Data 25% of monthly fee 24 hours to 48 hours of SecuriSync AppID Data 50% of monthly fee More than 48 hours of SecuriSync AppID Data 100% of monthly fee To request a Recovery Credit, (a) Your Account must be in good standing with Intermedia, (b) You must open a technical support ticket in the administrative control panel reporting SecuriSync AppID Data loss within seventy-two (72) 72 hours of the Event, and (c) You must send an email or written Recovery Credit request to the billing department at xxxxxxx@xxxxxxxxxx.xxx in the month immediately following the month for which You are requesting a Recovery Credit. Recovery Credit requests must identify the name associated with Your Account (such as Your legal corporate name) or Your Account number and the dates and specific periods of lost or corrupted SecuriSync AppID Data for which You are requesting the Recovery Credit. Intermedia will compare information provided by You to the actual SecuriSync Data that resides in Your SecuriSync account. By submitting a request for a Recovery Credit, you authorize Intermedia to make this comparison. A Recovery Credit is issued only if Intermedia confirms an SecuriSync Data loss warranting the Recovery Credit, as set forth above. If Intermedia is unable to restore the relevant SecuriSync Data within five (5) business days of Intermedia’s determination that Recovery Credit request is valid, You will receive a monthly fee credit of one hundred percent (100%). The limits regarding total Recovery Credits under this SLA are set forth in Section 4 of this SLA.