This Service Level Agreement offered by Nirvanix, Inc. (“Nirvanix”) to its customers is fully described and operates under the terms and conditions of our Storage Delivery Network. As stated in our terms and conditions, we reserve the right to change these terms.

The Commitment

Nirvanix makes commercially reasonable efforts to make its service available 99.9% of the time or more during any monthly billing cycle. If we fail to meet this minimum level of service, as specified below, affected customers are eligible to receive a service credit that can be used against their next billing cycle.

Service Availability

Nirvanix will measure service availability as the percentage of time its service is available during a billing cycle. Nirvanix measures service availability by tracking fulfilled requests or successful requests. The Nirvanix service is considered unavailable starting when valid web service requests that are received by Nirvanix controlled servers fail unintentionally three (3) consecutive times, ending when valid requests are serviced, and such failure is not due to any of the exclusions outlined below (a “Failure”). Service availability is calculated by subtracting from 100% the total number of Failures divided by the total number of requests received in a billing cycle.

Service Credits

A Service Credit is an amount measured in US dollars that Nirvanix will apply against customers’ future payments to Nirvanix. Service Credits are not transferable, do not convert to cash refunds or refunds in any other form, and expire after one billing cycle of having been issued. Service Credits are issued according to the following schedule:

Data Replication Policy	Service Availability	Percentage of Monthly Billing
1 node SDN	Less than 99.9% and equal or higher than 99.0% Less than 99.0%	10% 25%
2 node SDN*	99.99% SLA	Must have over 5TBs stored,
		contact
3 node SDN*	100% SLA	sales@nirvanix.com for more info.
*For accounts with less than 5TBs stored, the standard 1 node SLA is applied

Service credits are customers’ sole and exclusive remedy for any failure of service requests to the Storage Delivery Network.

Requesting Nirvanix Service Credits

To be eligible for service credits, affected customers must submit a request for service credits through the customer support page of the Nirvanix Management Portal (nmp.nirvanix.com) within fifteen (15) days of the Failure. This request must include the dates, times, and duration of the Failure. In the event that a Nirvanix representative requests the server logs that support the Failure, these must be provided in order for the customer to be eligible for credits. Once Nirvanix confirms the Failure and approves the claim, the corresponding service credits will be applied automatically to the customer’s next billing cycle. Failure to request service credits or provide the required documentation supporting the requests will make customer ineligible for service credits for that billing cycle.

SLA Exclusions

This Nirvanix Service Level Agreement only applies to unplanned outage of its Storage Delivery Network in standard operating conditions. Exclusions include but are not limited to the following:

• Planned service outages
• Any availability or outage impact related to client-side security breaches or compromised service credentials
• Errors associated with improper use of the system (credentials, call sequence, method formats, etc.)
• Any external factor affecting customers from making use of our Nirvanix services
• Suspension or termination of services as described in the terms and conditions of the service
• Any service outage due to force majeure

In cases where customers report service unavailability but they are not entitled to a service credit, Nirvanix may issue service credits in its sole discretion.

Effective as of 6/10/2008