1. DATA HOSTING SERVICES: Client understands that RTDS takes measures to insure and assure that all Client data is maintained in a secure environment and is accessible only to authorized users. Client is aware that information maintained with RTDS could be subject to interrupted access due to failures relating to software, hardware or Internet connectivity issues. Interrupted access could also be caused by malicious intent or acts of nature. Users agree to hold RTDS harmless and indemnified against any and all liability for losses or damages suffered due to situations resulting from interrupted access to Client data.

It is expressly understood and agreed that RTDS disclaims any and all warranties and liabilities with respect to services or products supplied by RTDS to Client and further disclaims any and all liability for any alleged claim, suit, or liability that arises from or relates, in whole or in part, to work contemplated by RTDS. Client agrees to hold RTDS harmless from any such claims, suits, or liabilities. It is further expressly understood and agreed that RTDS disclaims any liability for, and Client agrees to hold RTDS harmless from and against, any alleged claim, suit, or liability that relates to or arises from, in whole or in part, any cause beyond RTDS’s reasonable control including, without limitation: malicious mischief, theft, fire, flood, earthquake, labor difficulty or natural disaster.

2. DEFINITIONS:

A. The “Systems” is the computer equipment and software that is approved by RTDS and used by Customers and contains the Customers’ data and applications located in the United States with industry standard data security including data backup and password protection for authorized access.
B. “Customer Data” means the data and applications that are owned by the Customers and reside on the Systems.
C. A “Session” means an active communications connection, measured from beginning to end, between Customer or one of its users, and the Systems.
D. An “Outage” means the accumulated time during which Customer or any of its users are unable to establish a Session with the Systems, or access Customer Data for reasons other than:

1. The failure of equipment that is not fully owned, leased or managed by RTDS
2. Scheduled or emergency maintenance performed by RTDS initiative
3. Maintenance or service interruption requested by Customer
4. Customer’s acts or failure to act in a timely and/or proper manner when notified to do so by RTDS
5. Failures caused by Customer Data

An “Outage” shall not be deemed to occur upon the occurrences of routine maintenance or upon the occurrence of an act outside the control of RTDS, such as loss of power at the Customers premises or an act of nature. An Outage will be deemed to commence when RTDS has opened a “trouble ticket” to track such an Outage, and will be deemed end when RTDS has restored availability of the Systems.

3. MAINTENANCE: RTDS reserves the right to perform scheduled and emergency maintenance as needed. RTDS will make commercially reasonable efforts to inform Customer prior to performing scheduled or emergency maintenance. If such notice is not possible, RTDS shall notify Customer about such scheduled or emergency maintenance as soon as is practical.

Real Time Data Services, LLC
888-408-6044