Common use of Data Backup and Return Clause in Contracts

Data Backup and Return. For Subscribers who purchase MaxMD’s Hosted Direct mdEmail® accounts, MaxMD will maintain a disaster recovery plan whereby incremental backups of data transmitted by Subscriber through the Service (“Subscriber Data”) shall be done once a day and full backups of databases shall be done once per week. The backup information shall be stored in a secure facility in the United States, currently Rackspace, Inc. and Iron Mountain Incorporated. Upon termination of this Agreement for any reason, MaxMD will agree to store Subscriber Data for a period of up to six (6) months at MaxMD’s then- current monthly storage charges and will make such Subscriber Data available for retrieval by Subscriber during such time. At the end of such six (6) month period, MaxMD may delete any such Subscriber Data not retrieved by Subscriber.

Data Backup and Return. For Subscribers Clients who purchase MaxMD’s Hosted Direct mdEmail® accounts, MaxMD will maintain a disaster recovery plan whereby incremental backups of data Data transmitted by Subscriber Client through the Service (“Subscriber Data”) shall be done once a day and full backups of databases shall be done once per week. The backup information shall be stored in a secure facility in the United States, currently Rackspace, Inc. and Iron Mountain Incorporated. Upon termination of this Agreement for any reason, MaxMD will agree to store Subscriber Client Data for a period of up to six (6) months at MaxMD’s then- then-current monthly storage charges and will make such Subscriber Client Data available for retrieval by Subscriber Client during such time. At the end of such six (6) month period, MaxMD may delete any such Subscriber Client Data not retrieved by SubscriberClient.