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This is a Service Level Agreement (“SLA”) between SharkSpot (hereinafter referred to as “Service Provider”, “Us”, “Company”, “We”) and You (hereinafter referred as “You”, “Customer”, “End-User,”). This SLA applies to and governs such Online Backup Suite (Online Backup Manager, Online Backup Server, Replication Server), Email Security, Hosted Exchange, and other remotely provided services as SharkSpot may offer from time to time and further defined below (collectively, “Services” and each a “Service”) and that You order and pay for in accordance with and subject to your compliance with SharkSpots Terms. Except as noted below, this SLA applies to each of the Online Backup Suite (Online Backup Manager, Online Backup Server, Replication Server), Email Security, and Hosted Exchange. This SLA will address the following:

Cloud-computing, Software-as-a-service Services offered by SharkSpot.

The general levels of response, availability, and maintenance associated with these services.

The responsibilities of SharkSpot as a provider of these services.

The responsibilities of the clients receiving these services.


Online Backup Suite. Online Backup Suite is a customizable, internet-based remote storage service for individuals and business owners for data storage, backup and retrieval, which consists of three (3) modules:

Online Backup Manager (“OBM”). OBM is a client application with a user-interface for easy backup configuration. It allows users to upload selected files to the Backup server and runs scheduled backup jobs. It also allows users to create different backup sets for different backup purpose. Besides file backup, OBM can backup a list of applications such as MS Exchange, MS SQL, Oracle, MySQL, Lotus Domino, and much more. OBM supports all major Microsoft Operating Systems, Linux, Mac OS X, etc.

Online Backup Server (“OBS”). OBS is a server application which store backup data from multiple OBMs backup accounts. It has a web-based Management Console for system administrators to manage the Backup Server, such as configuring system and backup account settings, and viewing backup statistics and reports. Users can also logon to this Management Console to manage their own backup account or restore their own backup data. OBS supports Windows, Linux and Mac OS platforms.

Replication Server (“RPS”). RPS is another server application running on a separate machine, it provides close to real-time backup for multiple OBSs. So even if one of the OBS failed, the RPS still has a copy of the backup data.

Email Security. SharkSpots Email Security is a comprehensive email security system service that uses Barracuda‘s Spam and Firewall to protect both inbound and outbound email against the latest spam, viruses, worms, phishing, and denial of service attacks.

Hosted Exchange. SharkSpots Hosted Exchange is a service for email, calendaring, task management, and file sharing, created using Microsoft® Exchange server software.

SharkSpots Services are provided as network-based, software-as-a-service, pay-as-you-go Services and each Service is charged for on a monthly subscription basis, unless specified otherwise. SharkSpot provides all server and software maintenance, including 24/7 monitoring, testing and deployment of software patches, bug fixes, service packs, and same-version upgrades, and monitors and manages user accounts according to the provisions set forth in this SLA. Each Service also includes the provision of Solution Union’s proprietary account provisioning and management interface for use by Your corporate administrator and users in managing Your organization’s accounts.


SharkSpot systems are built upon a highly redundant and available application layer and separate storage layer. Both layers of data are replicated in real-time at the block level so at any given moment there are at least two segregated systems with your data upon it.

In the event that there is a Service disruption, SharkSpot will assign its highest priority and will make its best commercial efforts to ensure timely restoration of the Service. Depending on the nature and type of disruption that has occurred, SharkSpot may elect to first restore the Service with or without the data. Any data that is not immediately accessible after a disruption in the Service will be restored from the most recent backup and made accessible with SharkSpots highest priority. In order to ensure the readiness of SharkSpots operators to complete the offline restoration process, SharkSpot runs periodical test-runs to test restoration performance for any glitches. Please note, however, that SharkSpot is not responsible for data loss resulting from the failure or loss of backup media.


As regards Hosted Exchange Service, please note that items within a mailbox that have been accidentally deleted can be restored directly from the Deleted Item Folder by the end user, even after the Deleted Item folder has been emptied. (Instructions for this procedure are contained within the Outlook® Help system.) Alternatively, you can recover items from the undelete feature within Outlook or OWA. SharkSpot does not retain long-term snapshots or point in time versions of your data so you are responsible for archiving or protecting local archives from loss or failure.


Scheduled Maintenances

Planned or schedule maintenances are typically scheduled between 12:00pm and 3:00AM CST. Customers signed up for our services will receive a 24-hour prior notice from SharkSpot through email, or a notice to that effect will be displayed on our website.

Ad-Lib Or Unscheduled Maintenances

SharkSpot may from time to time for the protection and safety of its customers and of its own infrastructure will perform unscheduled maintenance to fix any technical glitches caused by internal or external factors. Installation of urgent “hot fixes” is scheduled as quickly as possible after testing, and a notification will be sent to Customers. Notwithstanding anything contained herein this agreement, any prior notification greater than 4 hours is waived for all kinds of unscheduled maintenance. SharkSpot reserves the right to perform unscheduled maintenance(s) as deemed without prior notification to ensure safety of its customers and of its own by publishing suitable cause on a prominent space on SharkSpots website. SharkSpot also reserves additional (2) two-hour maintenance windows on Saturday and Sunday’s from 11:00 PM to 1:00AM (CST), during which the servers may be offline for urgent fixes.

Mailboxes Management and Migration

SharkSpot may from time to time move mailboxes within the Hosted Exchange Service, among the different SharkSpot servers, at its own discretion. SharkSpot does not guarantee that it will send a notification prior to these moves, and they shall not have any considerable impact on users whose software is installed and configured correctly. Improper configuration of the user’s software, which may result in the inability to connect to the Service, is not considered downtime and is excluded from the calculation of system availability.


Fair Usage Limits for Personal Mailboxes

You will receive a specified amount of storage assigned to each mailbox, unless otherwise specified. Warnings will be automatically sent via email when a user reaches 90% of the limit granted by the system administrator for such user’s personal mailbox. Another warning is sent via email when a user reaches the granted limit. Should a user exceed this limit, the user will be unable to send or receive email until the user either reduces the mailbox size below the imposed limit, or is granted an increase in personal mailbox capacity by the system administrator. SharkSpot shall not be responsible for service unavailability or data loss caused by any mailbox or folder exceeding its storage capacity.

Fair Usage Limits for Email Volume

Inbound and outbound Internet emails may contain a maximum of 100 (Hosted Exchange) recipients, as applicable, including all addresses in the To, CC, and BCC fields. Additionally, SharkSpot policy limits users to sending and receiving Internet emails to a maximum of 1,000 recipients per 24 hours. If a user regularly sends and/or receives more than this number of emails per 24 hours, SharkSpot reserves the right to increase the monthly subscription rate as it applies to that user. These limitations apply only to Internet messages; internal messages are not limited.

Sending bulk emails, including newsletters, opt-in email services, etc. through SharkSpots Internet gateway network (“Network”) is prohibited. Attempting to send these types of mailings through the Network violates the terms of this SLA and, without limitation, voids the performance commitments provided for herein. SharkSpot reserves the right to stop all services if you are in violation of this section of the SLA. Spammers and relay usage is strickly prohibited. Please contact SharkSpot to purchase additional services if you need to send these types of mailings.


Accounts that have been dormant or suspended either by You contacting SharkSpot and requesting the account be terminated, by You using SharkSpots administration tools to terminate the account, or by SharkSpots account service team due to delinquent payment or otherwise, may be permanently deleted in fifteen (15) (Online Backup) or ten (10) (Hosted Exchange and Other Services) days, as applicable, after the date of account termination unless You agree to pay a SharkSpots applicable maintenance fee for the inactive accounts.


SharkSpot maintains high quality customer care to ensure customer satisfaction. The technical support operates 24/7/365 and SharkSpot provides a variety of ways for customers to request help or otherwise make inquiries.

Email Support.Email Support may be used to notify SharkSpot technical team of any issues. We request that all customers use email support as the first method of reporting issues, and requesting support;

Telephone support.Telephone support may be used for critical queries. Telephone support expedited during off hours, additional charges may apply;

Technical Knowledge Base.An online technical Knowledgebase is available at any time on the SharkSpot website at

Systems Support – (Only Applicable for Select Services)

For certain services, SharkSpot provides systems support to Your appointed administrators. Systems support is defined as support associated with issues/faults with SharkSpots servers. There are no additional charges for this support. (Note: please check the Server Status on our website before calling Solution Union’s Client Support Services.) You may designate up to two (2), but no more than two (2), administrators who are authorized to call or contact Solution Union’s client support services.

End-user Support

SharkSpot also provides, at no additional charges, limited end-user support for each of the Hosted Exchange, Online Backup, and Email Security. For certain services, end-user support may be purchased separately. Please contact SharkSpot to purchase any such additional end-user support services.

Account Administration (Only Applicable for Select Services)

SharkSpot provides Your appointed administrators with access to an account management and administration tool. The Partner Portal enables Your appointed administrators to change passwords, enable new accounts and disable old accounts, etc. You are entirely responsible for maintaining the confidentiality of your passwords and account. Furthermore, You are entirely responsible for any and all activities that occur under your account. You agree to notify SharkSpot immediately of any unauthorized use of your account or any other breach of security. SharkSpot will not be liable for any loss that you may incur as a result of someone else using Your password or account, either with or without your knowledge. However, You could be held liable for losses incurred by SharkSpot or another party due to someone else using Your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.


All enquiries that are non-technical and related to billing enquiries regarding Your account should be sent to [email protected] All enquiries regarding the purchase of new accounts or additional services should be addressed to [email protected]


In addition to the support described hereinabove, SharkSpot may also offer custom contracts for different types of support programs. Please contact Your SharkSpot sales representative for details. Additionally, several support offerings are available on an as-needed basis, with discrete pricing for each service. SharkSpot may provide a statement of work including timeline, price quotation, prior to undertaking such a project.


SharkSpot is committed to providing You with quality Services. To support this commitment, SharkSpot observes the following schedule of penalties for certain failures to comply with this SLA.

Application Service Availability

SharkSpot covenants to a 99.9% average scheduled availability of a Service. This guarantee is calculated on a monthly basis. Availability is defined as the ability for a user, within an organization, to connect to a Service and access the mailboxes, public folders , in each case as applicable. Although SharkSpots sophisticated infrastructure is designed to handle any untoward events, any circumstance beyond Solution Union’s reasonable control, including but not limited to the following conditions, are excluded from the calculation of availability:

problem located on the client’s side, including network/Internet issue, problem with 3rd party application;

loss of service availability due to Network Attack such as DDoS, SYN or similar attacks;

issue caused by DNS resolution and/or domain name or certificate expiration; or

Software “bugs” or problems within used products creating service interruptions, hardware bug or failure beyond high-availability system; problem located outside our control within the Datacenter exploited by SharkSpot, such as Internet and power availability; or any other situation mentioned within this SLA.

SharkSpot calculates uptime as a percentage of the time in a month (30 days X 24 hours X 60 minutes) during which the system is available, excluding, but not limited to, the conditions above. Any loss of Service Availability lasting less than five minutes will not be included in the calculation of Service Availability. SharkSpot calculates service availability based on both monitoring system and incident report from engineering team.


On a per-Service basis, for each month in which the availability is below an average of 99.9% as calculated above, SharkSpot will reduce the amounts due and payable to it relating to such Service for such month by 2.5% In addition, for every 1% loss of availability below the 99.9% targeted average availability during the same calendar month, SharkSpot will further reduce the amounts due and payable to it relating to such Service for such month by another 1.75%; provided that the maximum credit for non-compliance is 15% per month.

Before processing any credit request, SharkSpots accounting team will validate the information provided by the customer with the Incident report to confirm the loss of service availability, its timeframe and corresponding credit.

Because of the architecture that SharkSpot has created to provide the Service, users within an organization may be spread across separate and distinct servers. In the case where one server suffers downtime exceeding the service level guarantees, Your organization will be compensated only for the users with accounts on the non-complying server, on a pro-rated basis. Rarely, a Service may be functioning in some areas and not functioning in others; e.g., the documents may be available but the search function may not be, or the email function (receiving/sending emails) may be available while data in Public Folders and calendar may be unavailable (Hosted Exchange Service). Any of these diminished functioning are not considered downtime and are excluded from availability calculations.


Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:

Circumstances beyond SharkSpots reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;

Failure of access circuits to the SharkSpot Network, unless such failure is caused solely by SharkSpot;

Scheduled maintenance and emergency maintenance and upgrades;

DNS issues outside the direct control of SharkSpot;

Customer’s acts or omissions (or acts or omissions of others engaged or authorized by customer) including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc.), any negligence, willful misconduct, or use of the Services in breach of SharkSpots Terms and Conditions;

Outages elsewhere on the Internet that hinder access to your account.


SharkSpot covenants to 99.9% Network Availability. Network Availability is defined as the ability to pass incoming and outgoing TCP/IP traffic through SharkSpots network from/to Your IP transit provider (Internet Backbone).

Servers unavailability resulting from loss of Network availability is excluded from servers availability calculations if the Network Availability loss is caused by any circumstance beyond SharkSpots reasonable control, including such factors as IP transit provider (backbone) or end users’ portion of the network (commonly known as “last mile”) failure, denial of service or similar attacks directed at the SharkSpots servers or the SharkSpots network.


To verify the Network server availability, Solution Union will probe the router port to which the server is connected every two minutes, with a 60-second failure threshold. If the probe is not successful, the port is considered non-operational and concerned personnel on duty are automatically notified.

If two or more consecutive port probes fail, network downtime will be registered as the number of minutes between the first and the last failed tests. Downtime of less than five minutes in duration is not recorded. SharkSpot will calculate server uptime and refund eligibility amounts based on this type of server monitoring.


(Only applicable to Online Backup Service) SharkSpot's primary commitment is to provide outstanding online storage service to all customers. To support this commitment, SharkSpot observes the following:

Web Space Usage

Included disk space may only be used for contents on which You have all legal rights. Disk space may not be used at any time as a location to archive and/or backup files that do not belong to You. Included disk space may not be used to host unusual amount of multimedia files. Multimedia files are defined as any graphics, audio, or video files. Any web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.

Web Space Server Availability

SharkSpots covenants to 99.9% Web Space Server availability, defined as the ability to retrieve the HTTP headers from the hosting server, calculated on a monthly basis. SharkSpot monitors the server availability as a whole for the Online Backup Service. Denial of service attacks or other types of attacks directed toward SharkSpots network of servers resulting in or contributing to downtime will not be included in Web Server Availability calculations.


Email Delivery Restrictions

Individual email messages (including attachments) inbound from the Internet or outbound to the Internet are limited to 50 Mb. Internet email messages, including attachments greater than 50 Mb, will not be moved through SharkSpots gateways and, instead, will generate an error message to the sender. If users require the ability to send Internet email messages over 50 Mb, SharkSpot can, upon request, make special arrangements for such users. Additionally, SharkSpot will assist clients in understanding how to reduce the size of, or separate, large documents so that they can be transmitted via the Exchange Hosting Service.

Mail Delivery Times

Email messages including attachments of less than 20 Mb that are received inbound from the Internet gateways, or those sent from one mailbox on the Exchange Hosting Service to a second mailbox on the Service, generally will be delivered in 60 seconds or less. Email messages including attachments of less than 20 Mb outbound to Internet gateways generally will be sent from the Exchange Hosting Service within 60 seconds; delays at the gateways due to Internet issues are not covered by this SLA.


SharkSpot makes no covenant regarding the timing of delivery or receipt of mail being processed on the Internet. Delivery times covered by this SLA are only for mail sent between servers, mailboxes, and/or gateways on the Exchange Hosting Service. Additionally, SharkSpots spam control functionality performs additional analysis and processing of inbound emails, so the delivery times specified above do not apply for delays due to same.

Credits for Non-Compliance

If SharkSpot causes mail delivery delays in excess of the parameters defined above for 2 hours or more in any given month, SharkSpot will reduce the amounts due and payable to it relating to the Exchange Hosting Service for such month by 2.5% for each mailbox affected. For every additional 2 hours of delay of email service during the same calendar month, Solution Union will further reduce the amounts due and payable to it relating to the Exchange Hosting Service by another 2.5% of the original price charged for such month. The maximum credit per month for message delays will be 15%.

Protection Against Viruses

SharkSpot provides inbound and outbound anti-virus scanning by including Barracuda Email Security Service as part of the Exchange Hosting Service, and will make its best commercial efforts to protect against SMTP borne viruses and other computer software threats. Barracuda’s Email Security’s anti-virus protection has proven highly effective since its deployment; however, due to the rapidly evolving nature of viruses, Trojan Horses, and other email-borne security issues, SharkSpot can make no guarantees against these types of threats.

Protection Against Spam Solution

SharkSpot provides anti-spam filtering by including Barracuda Email Security as part of the Exchange Hosting Service, and will make its best commercial efforts to protect against unwanted emails. The Advanced Spam Firewall is an integrated hardware and software solution for complete protection of your mailbox. Although this system has proven highly effective, SharkSpot cannot make any guarantees in the system’s filtering efficiency.


SharkSpot will exercise industry-standard practices to ensure that pre-installed software is correctly configured in all material respects. In case there is more than one way to configure software, SharkSpot will choose the configuration it determines, in its sole discretion, to be the most appropriate.

SharkSpot will install security patches, updates, and service packs as soon as practical. Software updates may change system behaviour and functionality and as such may negatively affect your applications. SharkSpot cannot foresee nor can it be responsible for service disruption or changes in functionality or performance due to implementation of software patches and upgrades. If such disruption or changes occur, SharkSpot will provide its best efforts to remedy the situation as soon as possible after being notified of the problem by you.

SharkSpot is not responsible for problems that may arise from incompatibilities between new versions of the software and Your content, regardless of whether it was a requested, required or discretionary upgrade. Nevertheless, SharkSpot will provide its reasonable efforts to help You to find an alternate solution.

Any log processing (web reporting) software made available is provided on an “as is” basis. SharkSpot is not responsible for bugs in the software or for interpreting the reports generated by the software. SharkSpot, in its sole discretion, can upgrade the software to newer versions or replace it with different software upon providing a reasonable notice to you. SharkSpot cannot foresee nor will it be responsible for any incompatibility of newer versions and other software you may choose in conjunction with the log processing software.


(Only Applicable to Certain Services) Each account is allocated storage capacity and data transfer amounts on SharkSpots servers according to the plan and options selected by You. This allocated storage size and data transfer can be increased through the Account Manager for an additional charge up to the maximum amount allowed for each plan or service. The servers may stop accepting, processing, or delivering data when the purchased limit is reached thus causing server unavailability or data loss. SharkSpot shall not be held responsible for such unavailability or data losses.

Your Web and FTP servers are configured to log all requests to the log files. The average retention period is one month. The log files are stored in shared server space and not counted towards account’s allocated storage capacity. The maximum size of stored log files shall be limited to 1 Gb. When this limit is exceeded, the oldest log files are deleted to bring the usage within allowed limit.

Shared servers resources are shared among all accounts hosted on the same server. Solution Union configures servers in such a way so the accounts are separated from each other to the maximum possible degree. However, due to its nature, shared resources accessibility level cannot be guaranteed.


Access to SharkSpot operations center and systems is restricted to authorized personnel. SharkSpot ensures that its employees and contractors are familiar with and understand its policies; SharkSpot takes all possible security measures to protect the security of Your data. SharkSpot will make its best commercial efforts to protect the security of its systems and services, and the data that resides therein.

Encryption. There are two encryptions being performed by OBM:

Encryption of backup data – This is being done by 128-bit symmetric key encryption (AES, TripleDES, TwoFish). 256-bit is not available because it requires too much CPU and it is not really required (128-bit is what is being used by most banks currently).

Encryption of backup traffic – This is being done by 1024-bit RSA public key encryption. The strength of the encryption depends on the key size you use when you generate your CSR before submitting to your CA (1024-bit is what is being used by most CAs).

Secure 128-Bit SSL Communication. All communications between Solution Union’s Offsite Backup Server and your computer are transported in a 128-bit SSL (Secure Socket Layer) channel. Although all your backup files travel through a public network (internet), eavesdroppers have no knowledge of what has been exchanged.

Backups Are Securely Encrypted. All of your files are first zipped and encrypted with a user-defined encrypting key before they are sent to the Offsite Backup Server. To all people but you, your files stored on the Offsite Backup Server are no more than some trashed files with random content.

We Don’t Keep Your Encryption Key.The encryption key used to encrypt your files resides only on your computer and is known only to you. It is never transmitted anywhere across the network. If this key is lost, all backup files can never be recovered. Therefore, although we have access to all files you stored on our Backup Server, we have no knowledge of the content of the files you stored.

VERY IMPORTANT: Please make sure you write down your encryption key and keep it in a safe place where it will never be forgotten. Otherwise, you will never be able to recover your backup files.

The Best Encryption Algorithm Is Used. Currently, the algorithm that we use to encrypt your files is 128-bit Twofish. It is a block cipher designed by Counterpane Labs. It was also one of the five Advanced Encryption Standard (AES) finalists chosen by National Institute of Standard and Technology (NIST). It subjects to frequent public reviews but no known attack against this algorithm has been reported.

It Would Require 8.77 x 1,017 Years To Crack Our 128-Bit Encryption. A 128-bit key size has 2,128 or around 3.4 x 1,038 possible combinations. Even if you have the world’s best super computer, ASCI White, SP Power3 375 MHz manufactured by IBM as of November 2000, it would take 8.77 x 1,017 years to test all combinations. Assuming you have this super computer, the ASCI White, SP Power3 375 MHz has 8,192 processors which totals a capability of 12.3 teraflops (trillions of operations/second), available to you. Also it just needs one computer operation to test a possible combination (which is already faster than what it can do). To use brute force attack (checking all combinations) on this encryption algorithm. It would take: 3.4 x 1,038 possible combinations / 12.3 x 1,012 seconds (approximately 2.76 x 1,025 seconds)(i.e. 876530835323573935 years or 8.77 x 1,017 years) to successfully try all combinations. Let alone the ASCI White cannot process as fast as what is described here. You can be sure that your data stored on our server is 100% secure!

Restricted Access To Your Data By IP Address. You can also restrict access to your backup files from the set of IP addresses you have defined. If someone tries to access your data from an IP address not on your defined list, their access will be denied. This additional security ensures that backup files are not open to all locations, even if the username and password are known.


SharkSpot shall not be responsible for retaining any of your data after account termination. All data is deleted from the servers after the account is terminated and from back-ups during scheduled back-up rotation. SharkSpot shall not restore, provide on any storage media or send out any data pertaining to existing or terminated accounts.


In all cases, the maximum aggregate cumulative SLA credit in any given month for any given Service and for all service levels combined (including application service availability, network availability, etc.), shall not exceed 15% of the underlying fees for such Service for such month.


To access and use the Services, Customers must provide at the very minimum and without limitation:

an Internet connection with sufficient bandwidth and quality to allow trouble-free browsing and data uploading and downloading;

a fully functional Internet browser;

a fully functional POP/SMTP email program (Client) or Microsoft Outlook for MAPI connections to Exchange server;

tools to develop and publish content as you find suitable and necessary;

tools to access database servers if such services are purchased by you.


This SLA supersedes all previous versions of the applicable SLA distributed or made available by SharkSpot or its agents. This SLA, including all attachments, referenced documents and all other policies posted on the website, which are fully incorporated into this agreement either by attachment or by reference, constitutes the entire service level agreement between SharkSpots Client and SharkSpot, with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes to this agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.


Any queries regarding this SLA can be addressed to [email protected]


SharkSpot shall reserve the right the revise and or modify in part or in whole of the SLA from time to time. You will be informed of any updates or modifications via email or update to SLA will be notified on a prominent space in SharkSpots web site.