OAK TREE ONLINE BACKUP AND RESTORE
SERVICE LEVEL DESCRIPTION

Oak Tree Storage, LLC (“OTS”) agrees to provide the Customer (“You”) the Oak Tree Online Backup and Restore Services (the “OTS Services”) for your data for your Initial server and any subsequent servers you may choose to enroll (each, a “Protected Server”), as described in this Service Level Agreement (“SLA”). For purposes of this Agreement “your data” includes any information transmitted from your Protected Server(s) regardless of their ownership, origin, licensing requirements or location, to the Oak Tree Storage Services (including but not limited to Oaktreestorage.com and Orthostor.com).

The Oak Tree Online Backup and Restore Services are warranted to be provided as specified below for any Protected Server(s) after the Initial Backup has taken place on such Protected Server(s).

A. DATA PROTECTION

A.1 Initial Backup

The Initial Backup process for each Protected Server must complete before a Protected Server is fully protected by the Oak Tree Online Backup and Restore Service. This process may take up to several days depending on the quantity of data you transmit for Initial Backup, and may also impact your other server operations if performed when the server is especially active. Your data transfer rate may improve considerably when a few large files, as opposed to an equivalent amount of data consisting of many smaller files, are being protected. It may also deteriorate considerably with poor connectivity, frequent power or bandwidth interruptions, heavy unrelated server activity and other factors. Typically, if only the minimum bandwidth is available for the given capacity, it could take several days or more to complete a small Initial Backup. It is recommended that you have enough bandwidth and technological stability to complete the Initial Backup for any single large file/database in five days or fewer. Extended network interruptions can force a retransmission of the current file, thereby delaying your Initial Backup significantly. For these reasons, OTS strongly urges you to perform your Initial Backup on our external media.

A.2 On-going Data Protection

Backup configurations can be set to run on a pre-scheduled basis. When a backup configuration is running, only changes to files and databases you have selected for backup on the Protected Server are captured by the Oak Tree Online Backup and Restore Agent, and are immediately queued for transmission to the Oak Tree Online Backup and Restore Server. Queued Changes, as defined in Section C below, are sent to the Oak Tree Online Backup and Restore Server when there is a Valid Connection, as defined in Section E below, between the Protected Server and the Oak Tree Online Backup and Restore Server and there are no preceding items waiting to be sent.

A.3 Historical Data Protection

Historical images of your data are retained for as long as based on one of the following retention periods as identified in your End User Agreement. In addition, and subsequent to, each server’s Initial Backup of the Data you identify to be backed up,

a. 30-Day Service
The Oak Tree Online Backup Servers hold daily incremental backups of your data for the most recent 30 days. You may initiate restore requests from any of these data sets.

b. Longer Service Periods
The Backup Servers hold daily incremental backups of your data for 30 days and copies from the end of each month for the most recent 1-7 years as you’ve selected in your End User Agreement. You may initiate restore requests from any of these data sets.

B. DATA RECOVERABILITY

B.1 Internet-Based Restore Performance

Restore time over the network is limited by your connection bandwidth speed and quality up to speeds of approximately 1.5 Mbps. At speeds faster than 1.5 Mbps, other factors may limit network restore times. The time elapsed before a restore begins and the duration of that restore are both variable and largely determined by whether current or historic data is being restored, as well as by numerous other factors including network performance, data compressibility and various features of the end user systems.

Should OTS, as part of its monitoring function, observe any unusual, abnormal or excessive number of restore requests, then OTS reserves the right to contact you and require you to modify your procedures and behavior in this area.

B.2 Physical Media Restores

Restores via physical media (typically external disk drives but may take other forms) are supported, and are typically recommended in restores exceeding 2 GB, but OTS reserves the right to utilize this format at its discretion. Each OTS external device is rented to you and must be returned within two (2) weeks of shipment from OTS to avoid a full purchase price and replacement charge being charged to your account. You are responsible for arranging the return shipment.

Shipment of physical media restores is dependent on 1) the time the restore request is received and 2) the amount of data being restored. Oak Tree Storage will make its best efforts to expedite the restore shipment as quickly as possible, but cannot guarantee delivery on a fixed timetable due to the many exigencies that are involved.

C. ONLINE BACKUP AND RESTORE SERVICES

When used in accordance with the following usage requirements and guidelines, the Oak Tree Online Backup and Restore Service provides online backup protection for your data running under the operating systems listed on our websites under System Requirements, which may change from time to time. The Oak Tree Online Backup and Restore Service is able to protect applications, files, databases, registry and security information, depending on your selections, within certain limits as posted and periodically updated on our websites.

To deploy the Oak Tree Online Backup and Restore Service you download a software module (the “Oak Tree Online Backup and Restore Agent”) from a designated web site onto each Protected Server which you have registered with Oak Tree. Once configured and deployed, the Oak Tree Online Backup and Restore Agent replicates and synchronizes the selected data in its entirety (the “Initial Backup”) to one of the offsite data storage backup vaults containing servers and associated redundancies (the “Oak Tree Online Backup and Restore Server”). After the Initial Backup, only changes to files and databases selected for backup on the Protected Server (the “Changes”) are sent to the Oak Tree Online Backup and Restore Server. The Initial Backup may be created via an external storage device shipped to your Protected Server(s) location(s) depending on the size requirements of your Initial Backup(s). Generally, Initial Backups in excess of 2GB are more efficiently performed via the Agent directing the backup to a local device. Regardless of media, your data is fully encrypted before it is transmitted or shipped (in the case of external storage) to an Oak Tree Online Backup and Restore Server.

You have responsibility to manage your subscription to the Oak Tree Online Backup and Restore Service through a web interface that is personalized with your content. A management page shows you the current status of all your backup and restore jobs, files and databases, and enables you to make certain changes immediately. You may view an inventory of all data files, current and historic; initiate restores from the web; and view all backup and restore processes.

Your backup and restore processes (not your data) are also monitored and managed by Oak Tree’s Data Center . If any problems arise, OTS customer service will notify you and suggest corrective action. Keep in mind that Oak Tree does not, cannot and will not have or accept access to your data.

In the event that your use of the Oak Tree Online Backup and Restore Service is adversely affecting the operation of the Oak Tree Online Backup and Restore Service, your Oak Tree Online Backup and Restore Service may be terminated by OTS without liability to OTS, its suppliers or other end users, upon prior written notice from OTS, unless in OTS’s sole technical discretion, a technical emergency shall require immediate termination (which shall be without liability to OTS, its suppliers or other end users) in order to prevent your use of the Oak Tree Online Backup and Restore Service from adversely affecting the effectiveness of the Oak Tree Online Backup and Restore Service for other end users, or to preserve system integrity or prevent network abuse in which case notice shall be provided to you via telephone call and/or e-mail promptly following such emergency termination. You are responsible for maintaining your email and contact data and for updating OTS as to any changes to your email and contact information to facilitate communication of these notices. Oak Tree will work with you to determine and resolve the cause of the emergency and/or adverse effect on OTS’s operations to facilitate resumption of your service as quickly as possible.

D. “TERMINAL SERVER” (Remote Access) SERVICES

This additional service is provided to certain customers only and is not directly available via our website. Oak Tree Terminal Server Service provides for a restore of specific elements of your data (such as specific databases and applications) to an Oak Tree Server at our secure data center facility, and provides you with unlimited access to that server, the restored data and applications for a specified period of time. There are additional requirements and charges for this service, and this service is not considered part of the standard Oak Tree Online Backup and Restore Service. Please refer to the Service Level Agreement for Oak Tree Terminal Server Services for more specific information regarding this service, or call our Customer Service desk for more information.

E. SYSTEM REQUIREMENTS

Each Protected Server must meet certain system requirements in order to effectively utilize the Oak Tree Online Backup and Restore Service. These requirements change from time to time, and will be posted and maintained on our website with notification of any significant changes when they occur. It is your responsibility to ensure your Protected Server meets these requirements. Such requirements may include, but will not be limited, to bandwidth minimums, server operating platforms, processor speeds, database versions, file systems, available memory and available disk space.

F. BANDWIDTH / TIMING REQUIREMENTS

The Oak Tree Online Backup and Restore Service is able to measure the rate at which data on a Protected Server is changing. After a few days of routine operation, during normal business hours, Oak Tree Support will be able to provide an estimate of the completion time and an estimate of bandwidth required for your on-going operation of the Oak Tree Online Backup and Restore Service. Bandwidth requirements are based on a combination of rated bandwidth, latency and bandwidth error rates. You will be notified if OTS determines that there is insufficient bandwidth for your on-going backup operation.

Changes are sent to the Oak Tree Online Backup and Restore Server when there is a Valid Connection between the Protected Server and the Oak Tree Online Backup and Restore Server. “Valid Connection” means that the bandwidth actually available between your Protected Server(s) and the Oak Tree Online Backup and Restore Server is adequate for the amount of data being protected and the rate of the data changes as discussed below. The bandwidth actually available can be affected by other network traffic into or out of your premises and may be affected by occasional or intermittent slowdowns or interruptions in the network path(s) to the Oak Tree Online Backup and Restore Server. The Oak Tree Online Backup and Restore Service will continue operation during brief periods when limited bandwidth is available and will automatically resume operation following network interruptions; however, changes that occur on the Protected Server will require additional time before they are saved to disk at the Oak Tree Online Backup and Restore Server. In addition, the CPU speed and available disk space on the Protected Server(s) play a key role in the efficiency of the entire backup operation.

OTS estimates that a typical file system experiences a daily change rate of 6%. At this typical change rate. Based on the amount of data you select for protection by the Oak Tree Online Backup and Restore Service, the bandwidth requirement for the hours available, or the hours required for the bandwidth available, can be calculated by applying one of the following formulas. OTS recommends you use these formulas to estimate the span of the “backup window” and/or the bandwidth you will require to ensure that your backups can take place in the time and bandwidth you have available for them:

Data transfer rates for the Initial Backup can be very roughly estimated at 2 to 3 GB per 24-hour period for each full, dedicated 384 Kbps of consistently available upload bandwidth. Realistic bandwidth availability varies considerably during the course of a typical 24-hour period, but this can serve as a very rough guide to your backup upload times, especially for Initial and periodic Full Backups.

The following are ESTIMATES ONLY and do not represent any commitment, warranty or guarantee by Oak Tree Storage.

Formula to estimate bandwidth required for backup (upload), given the number of hours available:
2222 x [Total GB] / [Hrs in “window”] = Bandwidth Requirement [in Kbps]

Example:
10GB of data (files, databases, etc.)
10pm to 6am (8 hrs) “backup window”

2222 x 10 = 22220 / 8 = 2777.5 Kbps (Approx. 2.8Mbps) Required

Formula to estimate hours required for backup (upload), given your bandwidth available
2222 x [Total GB] / [Bandwidth available in Kbps] = Hours Required

Example 1:
10GB of data (files, databases, etc.)
2777.5 Kbps bandwidth available

2222 x 10 / 2777.5 = 8 Hrs Required

Example 2:
10GB of data (files, databases, etc.)
384Kbps bandwidth available (Typical standard DSL Upload capacity)

2222 x 10 / 384 = 57.86 Hours Required

Example 3:
10GB of data (files, databases, etc.)
1.544Kbps bandwidth available (Typical standard T-1 line upload capacity)

2222 x 10 / 1444 = 14.39 Hours Required

Highly dynamic servers such as mail servers and very active database servers may have additional bandwidth or time requirements. Higher rates of change will result in a respective increase in bandwidth or time required.

Increased amounts of protected data, increased rates of data change, other demands for bandwidth, poor bandwidth connectivity and other factors that contribute to latency may, at any given time, limit the effectiveness of your use of the Oak Tree Online Backup and Restore Service. Also speed of your CPU, available disk space, bus speed and additional computer factors can directly affect total backup time.

G. RESTRICTIONS AND LIMITATIONS

Open file managers: A Protected Server must not be running an “open file protection” application (backup, compression or similar product) during any backup or restore cycle. An “open file protection” application is any program that effectively “locks” a file or database to prevent any other application from accessing it during its operation. This includes other Oak Tree Online Backup and Restore products as well as the “open file” options on other backup products and certain database applications. We strongly recommend you opt for and carefully review the daily notification emails every day, but especially during the first two weeks following your Initial Backup to ensure that you are backing up the information you want backed up.

The Oak Tree Online Backup and Restore Service does not back up the following

       Object IDs (These are used by Microsoft’s File Replication service (FRS) and for Distributed Link Tracking);

       Files marked as “Hidden” files or files within “Hidden” folders (even if the immediate folder is not Hidden);

From time-to-time this Service Level Agreement may change. Modifications may include, but are not limited to, changes in system requirements, restrictions, limitations, or bandwidth requirements. There may be other restrictions as well, associated with other software products such as anti-virus software, Microsoft SMS and anti-spyware programs that may impede the effective operation of the Oak Tree Online Backup and Restore Service. Such restrictions will be clearly indicated at our website as they occur. You will be notified at least 30 days prior to such a Service Level Agreement change via electronic mail and/or through a Web site posting whose location will be specified in an electronic mail notification. You are responsible for ensuring that your system conforms to any updated restrictions, limitations or requirements. It is therefore recommended that you visit our website periodically to check for any significant changes to this SLA , which will be posted if/when/as they occur.

I. CUSTOMER SERVICE and TECHNICAL SUPPORT

OTS provides you with access to Customer Service and Technical Support for the Oak Tree Online Backup and Restore Service. Please refer to the Oak Tree Customer Service link on our website for a full description of our Customer Service and Support.