AMRCON agrees to consistently use its best efforts to achieve the following Service Level Objectives for such Service (each is referred to as an “SLO”). Following any monthly measurement period where AMRCON fails to meet a listed SLO, AMRCON will investigate the potential reasons for its failure, the reason for the failure, andAMRCON’s corrective plan to prevent repetition of the failure. If Company is dissatisfied with the written report or corrective plan, AMRCON will reasonably cooperate with Company to address Company’s dissatisfaction and refund 4% of monthly billing per day(s) required to remedy the failure SLO.

Technical Support Services

All Services include telephone support services, online technical support services, and on-site support services for Managed Infrastructure and their related operating systems, applications and other items. Support Services are offered 8AM through 5PM EST Monday through Friday except for holidays. All service requests outside these hours are considered billable Emergency Service. Custom coverage is available upon request for additional daily hours or weekends and additional monthly charges may apply. Company must submit support requests via our online ODS Managed Services ticketing system. Company may also call into our support center if Company is having difficultly opening an online ticket, are requesting after hours support, or requesting Emergency Service.

AMRCON will use its best efforts to resolve Company’s computer technical problems for the Managed Infrastructure in a professional, reasonable and timely manner, taking into consideration the circumstances and nature of the technical problems. Response times may be delayed due to research and inquiries, as may be necessary. AMRCON has limited proprietary information from vendors, manufacturers, and developers may not have the ability to obtain any proprietary information necessary to resolve Company’s technical problem. However, AMRCON creates Alliance Partnerships whenever possible with AMRCON approved 3rd parties to help ensure access to information and technical contacts.

Desktop/Server Management Plan

Support is limited to related operating system, standard software applications, and connected peripherals. For hardware related issues, AMRCON will work with manufacturer of the hardware to have warranty service/repair. Should the hardware be outside of the standard warranty it may be eligible for AMRCON’s Extended Warranty if the hardware is less than (4) years old. Should onsite support be required for technical issues, Company shall only be billed if provided service is considered Out-Of-Scope, physically damaged, or maliciously damaged, and will be billed at the rates defined in the Out-Of-Scope Fee Schedule of this Agreement.

Network Management Plan

Support of Company’s network includes support of the routers, switches, firewalls, modems, cabling, domain registration and related DNS. AMRCON will monitor your Internet connection and work with your Internet Service Provider (ISP) to ensure that your Internet service is working properly. If there is an outage, AMRCONworks with your ISP to get services restored. Optional backup ISP services can be installed to avoid possible downtime.

Chief Information Officer Services (CIO Services)

As an  ODS Managed Services client Company shall have reasonable access to Consulting and Engineering Services at no additional cost. AMRCON employs extensive talent with decades of technology experience and recertifying as required by industry standards. Company shall be assigned a Chief Technology Officer (CTO) to fulfill such requests. Your CTO shall provide Company advice and guidance on infrastructure planning, purchasing advice, network audits, and project management (“CTO Services”). All requests for CTO Services must be initiated in writing by Company. Reasonable expenses may be billable for onsite consultations. Depending on the project scope AMRCON may deem the project Out-Of-Scope and service fees may apply. This is determined on a case-by-case basis since each project can vary.

Issue Priority

AMRCON reserves the right to classify each support incident by its level of priority as follows:

■ Critical - Company’s entire office, business operations or more than 50% of employees are affected and unable to perform work duties due to the reported issue.

■ High - At least one of Company’s employees are affected and are unable to perform their work duties due to the reported issues.

■ Medium - The issue is not preventing the employee from performing their work duties.

■ Low - One of more of the Company’s employees has a general question about software usage or a general technical knowledge question. This can also include training, hardware/software installation, or physical changes to the infrastructure that are not critical.

Response Times

AMRCON ensures its best effort to respond to all support requests within one (1) hour or better during normal business hours and guarantees support response times as follows:

■ Critical – Within 1 Business Hour

■ High – Within 4 Business Hours

■ Medium – Within 6 Business Hours

■ Low – Within 1 Business Day

AMRCON’s Objective is to provide a satisfactory resolution during the initial response time; however, extenuating circumstances such as dependency on Company’s third-part hardware/software vendors may preventAMRCON from being able to provide a resolution within the time specified. Under such circumstancesAMRCON may have to communicate with a third party provider, and such activity may extend the time before the solution is provided by AMRCON. Such instances are considered on a “Hold” status until the matter can be resolved.

Supported Operating Systems:

■ Microsoft Windows, XP (Home, Professional), Vista, W7

■ Microsoft Windows Server 2003, 2008, SBS 2003, SBS 2008

Supported Server Applications:

■ Microsoft Exchange 2003, 2007

■ Microsoft SQL 2000 and newer

Desktop Applications:

■ All Operating System Applications

■ Microsoft Office XP and newer

■ Microsoft Outlook latest version

■ QuickBooks, ACT, Goldmine, CRM, and others that meet the following criteria (latest versions only, must have vendor maintenance)

Hardware Firewalls & Content Management:

■ WatchGuard, Cisco, Checkpoint, SonicWall, Dan’s Guard,  and others with approval

■ Linksys, Cisco, Netopia, SMC, and others with approval

Out-Of-Date Equipment/Software Support

AMRCON reserves the right to limit the scope of services pertaining to Managed Infrastructure that contains outdated technology. Out dated technology is defined by any device, software or operating system that is no longer supported, manufactured or licensed by the manufacturer. Out-Of-Date Equipment also pertains to equipment considered outside its normal life cycle. AMRCON’s general life cycle rule is a period of no more than four (4) years of service.

Out-Of-Scope Services

Support of Managed Infrastructure includes project-related work (“Professional Services”), such as any moving of equipment, installing new software/hardware, additions or modifications of technology within reasonable judgment. Fees pertaining to such extensive Professional Services considered Out-Of-Scope will be determined on a case-by-case basis as defined in the Out-Of-Scope Fee Schedule of this Agreement.

Extended Warranty Service

With a Premier Plan AMRCON’s Extended Warranty Service (“EWS”) will provide replacement of Company’s Managed Infrastructure failed hardware outside original manufacturer’s warranty, items must be withinAMRCON’s Out-Of-Date policy, and such hardware failures other than physical damage or catastrophic acts outside normal usage of such equipment. Items nearing exclusion but within AMRCON’s Out-Of-Date policy may be credited the hardware replacement cost to be placed toward a new/replacement hardware cost, or in the case the hardware replacement part is no longer available. Out-of-Scope Professional Services may apply.

Hardware Failures (Regular replacement vs. DRP)

With a Premier Plan support of Managed Infrastructure includes reasonable labor and expenses required as a result of failed hardware under normal use.  Items not covered by original manufactures warranty will be reasonably covered by AMRCON’s Extended Warranty Service at no cost to the Company. Such items must comply within AMRCON’s Out-Of-Date policy.

Catastrophic disasters or cases in which a Disaster Recovery Plan must be executed would be considered Out-Of-Scope. Any such instances would be considered Critical and receive the highest level of priority by AMRCON and our staff. Such replacement hardware covered under manufacturer’s warranty may require additional time to complete the repair, unless mutually determined that it is not in the best interests of the Company to wait. In such cases the fastest possible corrective measures would be recommended and executed, and may incur additional Out-Of-Scope costs.

Onsite Technical Support

AMRCON’s live technical support does not assure that every request for technical support will be resolved remotely to Company’s satisfaction. With the Premier Support plan, onsite support shall be provided to Company as needed to resolve technology support issues that could not be solved using telephone or remote technical support. AMRCON reserves the right to exhaust all telephone and technical support options it deems reasonable before performing onsite technical support services. AMRCON retains sole discretion regarding scheduling of onsite services according to our Issue Priority and Response time policy guarantees.

Access Policy

Company agrees to allow AMRCON after-hours remote access to Managed Infrastructure for regular maintenance and administration when necessary. Such access may be but not limited to emergency support, maintenance and or administration that require completion to properly support such devices under Company’s Managed Infrastructure. Company may also elect to provide physical means of access through the provision of spare keys, and designated alarm codes accountable to AMRCON’s access only. Means of physical access are stored in accordance with AMRCON’s security policy and remain under lock and key until such time that they are required. When means of physical access are not available it is the responsibility of the Company to ensure the designated emergency contact or other authorized personnel allow AMRCON physical access. AMRCON shall not be held responsible for any assurances or guarantees for Emergency Service when access cannot be provided and reserves the right to provide support on the following business day.

Service Window

AMRCON requires a Service Window daily during Company’s after hours in order to complete various onsite or remote tasks such as but not limited to network audits, scans, backups, and other planned or unplanned services to the Managed Infrastructure. Unless otherwise requested by Company this Service Window will be between the hours 6PM and 6AM Monday through Friday and all day on weekends.

AMRCON Patch Management

AMRCON will monitor on a 24 x 7 x 365 basis for newly released security-related bulletins applicable to Microsoft Windows operating systems. AMRCON employs a review policy for such updates to ensure proper functionality prior to deployment on the Managed Infrastructure.

AMRCON updates the Managed Infrastructure after the release of a Microsoft Security Bulletin and performs the update within the times indicated below.

■ Level 1 - Within 48 hours of Microsoft Bulletin. Immediate and widespread threat with many systems vulnerable. Exploit requires no special access or privileges and can spread over the Internet.

■ Level 2 - Within 2 Business Days from the date of Microsoft Bulletin. Recently-discovered vulnerability and potential threat to many systems. Exploits may be developed within 1-2 weeks.

■ Level 3 - Within 5 Business Days from the date of Microsoft Bulletin.

AMRCON Onsite Backup Service (“Backup Service”)

AMRCON employs an integrated backup module for all devices running a Microsoft Windows operating system. An onsite backup device is provided with all  ODS Managed Services service plans and can be found on the first page described as “NAS Device” or Network Allocated Storage Device. This device is responsible for being the repository for daily backups of each drive in the Managed Infrastructure, including all desktops and servers.AMRCON’s backup process is fast, secure and more stable than any tape or database driven software solutions.  ODS Managed Services provides real-time management, execution and reporting of all backup processes and responds automatically to failures. The  ODS Managed Services Backup Service creates a complete image backup of each device’s entire hard drive and stores it on the local backup device onsite or “NAS Device”.AMRCON’s Backup Service policy is set specific to the Company’s requirements and Service Window availability.AMRCON guarantees to maintain a standard  backup rotation (seven (7) day incremental) for each device unless otherwise required by the Company. If a backup fails AMRCON’s support staff is notified in real-time in order to take corrective measures using the following policy.

■ Server Backup Failure – Medium Response Time Policy of 6 hour response

■ Workstation Backup Failure – Low Response Time Policy of 8 hour response

■ Laptop Backup Failure - AMRCON does not guarantee a regular backup pattern for laptops since they are not guaranteed to be available during the Companies Service Window.

No Loss of Backed Up Data Guarantee

Subject to the data backup limitations and requirements as defined herein, AMRCON will at all times ensure the protection and backup of Company’s data for Managed Infrastructure that is covered by the Backup Service, such that Company will not permanently lose any data that has been stored on any Managed Infrastructure system for which AMRCON provides Backup Services. In the event that Company loses such data for any reason (whether by viral “infection”, equipment failure, or inadvertence), AMRCON will make its best efforts to restore the lost data from the last good backup. Should AMRCON not be able to meet this guarantee AMRCON will pay Company $250 per incident.

Backup Agent Software

To deploy the Backup Service, AMRCON will install a software module (the “Data Backup Agent”) on to each Desktop and Server (“Protected System(s)”) in the Managed Infrastructure. Once configured and deployed, the Data Backup Agent replicates and synchronizes the selected Desktop or Server in its entirety using the standardAMRCON backup policy which uses a (7) day incremental backup rotation during the Service Window. The first backup in the rotation is (the “Full Backup) then each remaining (6) days complete an incremental backup of the differences from the full backup each day to complete the (7) day rotation, then returning to the 1st day full backup.

AMRCON Offsite Backup Service (“Offsite Backup”)

AMRCON’s base Backup Service provides the ability to add our Online Backup Service. Each Agreement will include at least 1 unit of offsite replication, which provides a maximum of 25GB of storage space. Additional units of service will be added when your Server exceeds this limit in increments of (5GB) in accordance with our Service Fee Schedule. A mirrored image of the (onsite backup or folder backup) will be pushed securely from your onsite backup to the datacenter at AMRCON, or other optional locations. The Offsite Backup is trickled 24/7 after the onsite backup has been completed. The trickle is configured to use the least amount of bandwidth to ensure network performance. Company must meet the Bandwidth Requirements stated herein.

Backup Service Monitoring

All backup and restore processes are monitored and managed by AMRCON and the AMRCON Network Operations Center (“NOC”). At no point will your data be handled by a 3rd party other than the Internet Service Providers (“ISP”) network communications. If any arise, the NOC is alerted via our ODS console and will receive corrective action in accordance with our SLA and industry best practice. AMRCON may require that Company intervene within the Managed Infrastructure to correct the problem.

In the event that Company’s network, Managed Infrastructure or data is adversely affecting the operation of the backup Service, Company’s Backup Service may be suspended without liability to AMRCON upon prior written notice, unless in the NOC’s sole technical discretion, a technical emergency shall require immediate suspension (which shall be without liability to AMRCON).

Data Protection Levels

Variable configurations are available from the schedules and policies for Backup Service described herein. Other configurations are available upon request. Currently the default policies are as follows:

■ Onsite Backup Service – 7 day rotation: Full image backup of device or folder, then incremental changes daily

■ Offsite Backup Service – Pulls from onsite backup via trickle 24/7

Guaranteed Recoverability

Restore time over the Internet is limited by Company’s connection bandwidth speed. AMRCON may make the recommendation to increase the internet speed or add an additional ISP for purposes of ensuring the backup replication service.

Data Security

AMRCON Data Backup Service Agent uses 256-bit AES (Advanced Encryption Standard) encryption to encode and secure every file backed up using the Offsite Backup using the same measures, protocols and standards that the financial institutions use to protect their data. The AMRCON datacenter backup servers are actually two geographically dispersed, secure facilities, with physical access limited to only AMRCON employees with clearance to maintain the systems.

Bandwidth Requirements

AMRCON will be able to provide an estimate of the completion time for the initial Offsite Backup and an estimate of bandwidth required for Company’s continuous operation of the Offsite Backup Service. Bandwidth requirements are based on a combination of rated bandwidth, latency and bandwidth error rates. Company will be notified ifAMRCON determined that there is insufficient bandwidth for Company’s continuous operation.

Changes are sent to the AMRCON Data Center Server when there is a valid Connection between the Managed Infrastructure and the Data Center. “Valid Connection” means that the bandwidth actually available between the Company site and the AMRCON Data Center 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 occasional or intermittent slowdowns or interruptions in the network path(s) to the Data Center. The Offsite Backup Service will continue operation via a low bandwidth trickle until the backup has been completed.

AMRCON estimates that a typical file system will see a daily change rate of 5%. At this change rate, the expected bandwidth requirement is 20 kbps per protected gigabyte (“GB”). The following table provides an estimate of the upstream bandwidth required to protect various amounts of data:

Bandwidth Requirements

6GB – 128 Kbps / 20GB – 384 Kbps / 60GB – 1.0 Kbps / 80GB – 1.5 Kbps

Higher rates of change will result in a linear increase in bandwidth required. Increased amounts of protected data, increase rates of data change, other demands for bandwidth, or other factors that contribute to latency may, at a given time, limit the effectiveness of Company’s use of Offsite Backup.

Initial Protection Time Requirements

The Initial Backup process for each Protected System must be completed before a Protected System is fully protected by the Backup Service. This process may take several days. Data transfer rates for the Initial Backup can be estimated at 2GB per day for each 256 Kbps of available bandwidth. Typically, if only the minimum bandwidth is available for the given capacity, it could take longer in some cases. We generally find most businesses to exceed the bandwidth requirements and complete the Initial Backup over (48) hours. However, extended network interruptions can extend Time Requirements. The AMRCON Backup Service does employ a system that coordinates a restart of the file transfer exactly where it left off, thus making restarts and network interruptions less catastrophic.

Data Backup Limitations

In order for Company’s data to be backed up in accordance with this Agreement, Company must maintain a functioning 384Kbps or great Internet connection to each Managed Desktop or Server for the purpose of providing data backup services. Company must not reconfigure or otherwise adjust the Data Backup Agent or network and firewall settings. If Company limits the scope or frequency of backup in violation of this provision or otherwise, Company acknowledges that backup will be limited to that scope and frequency enabled by Company. AMRCONcannot provide for restoration of data that has not been backed up due to Company’s failure to comply with this section. Operating System and individual software applications are backed up in their entirety with the Backup Service product. Individual applications and windows files are generally not restored fragmented. Data files and content can be restored at any time during normal business hours.

In the case a system requires complete restoration, AMRCON cannot guarantee the duration of time for recovery, nor guarantees to stock replacement parts in the case of a complete crash.  However a native system containing 10GB of data is generally restored within (1) hour from the onsite backup and disclaims any and all liability in connection with same. AMRCON also makes every attempt to replace damaged disks prior to complete crash.AMRCON will also make the recommendation in high availability situations to stock the replacement hard drives onsite as well as employ a RAID solution to prevent down-time even in the case of a hard drive physical failure. The Offsite Backup Service capacity is limited to (25GB) or the service may be subject to additional charges.

Central Endpoint Security (“CES”)

CES is AMRCON’s integrated security software to protect your Managed Infrastructure from Spyware, Viruses and Malware. Under this Agreement AMRCON agrees to provide best practice protection, administration and clean up on any protected equipment. AMRCON does not guarantee time required for cleanup but does apply standard SLA policy for the issue and works quickly to resolve the problem. All scans, updates and maintenance will take place during the Maintenance Window each day as well as provide real-time protection for Internet use and email protection. AMRCON warns all users to be careful prior to clicking on unfamiliar messages that can be malicious. Ask before clicking on such messages.

Contact Protocol

Although the staff at the NOC are monitoring, and providing real-time administration for your Managed Network, Company employees may require troubleshooting as well as access to technical support to answer questions. Your ODS service is driven by the AMRCON NOC and its technical support staff. Our staff relies on a ticketing system to track all support issues no matter if it is client or NOC initiated. We require a ticket to be opened for each call, or service request.

Request Support

To initiate a Support Request you must open a Support Ticket. All Support Tickets are responded to within (1) hour. The staff in the NOC will determine the SLA and severity of the issue and apply the appropriate time due and date.

■ Open a ticket online  – You can open a ticket online by using the ODS Managed Services Agent. The  ODS Managed Services Agent is located in the Windows taskbar on your desktop. The taskbar is the row on the bottomright corner of your screen where the time is located. There you will find the green and blue  ODS Managed Services logo. Simply double-click the icon and wait a few seconds. A web browser will open and automatically open up your desktops portal to the  ODS Managed Services system. Here you will find a menu on the left side that will have a title “Open a ticket”. Provide a title and basic description of the issue and click “Submit”.

■ Open a ticket by calling support- If you are unable to open a ticket online you will need to call in to support. You can call our AMRCON primary number 732-705-5057 and select option (2) to be transferred to the NOC directly. Someone will be more than happy to enter the ticket and provide the response necessary to resolve the issue.

■ Initiate an After-Hour Emergency Support Ticket- At AMRCON we are available 24/7/365. Our primary telephone system supports a daytime and nighttime automated attendant. If you are calling to request After-Hours Emergency Support simply dial the primary AMRCON telephone number 732-705-5058 and select option (9) to be transferred to the on-call technician. Please take note unless otherwise specified in this Agreement all support requests after or before normal business hours are considered emergency support and is billable at the rates provided under the Out-of-Scope fee schedule. Please note that any employee, who properly identifies themselves and responds to standard security questions, is automatically authorized to initiate billable After-Hour Emergency Support.