ethProxy Service Level Agreement  

ServerOrigin Communications – ethProxy Service Level Agreement

Effective: February 1, 2010

This ethProxy Service Level Agreement (“SLA”) is a policy governing the use of the ethProxy Service (“ethProxy Service”) under the terms of the Terms of Service (the “ethProxy Terms of Service”) between ServerOrigin Communications, LLC. (“SOCLLC”, “us” or “we”) and users of ethProxy’s services (“you”). This SLA applies separately to each SOCLLC Account. Unless otherwise provided herein, this SLA is subject to the terms of the SOCLLC Terms of Service and capitalized terms will have the meaning specified in the SOCLLC Terms of Service. We reserve the right to change the terms of this SLA in accordance with the SOCLLC Terms of Service.

Service Commitment

SOCLLC will use commercially reasonable efforts to make ddos mitigation service available with a Monthly Uptime Percentage (defined below) of 99.998% during any calendar month (the “Service Commitment”). In the event SOCLLC does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Definitions

“Error Rate” means: (i) the total number of internal server errors returned by ethProxy as error status “Internal Error” or “Service Unavailable” divided by (ii) the total number of requests during that five minute period. We will calculate the Error Rate for each ethProxy account as a percentage for each five minute period in a calendar month. The calculation of the number of internal server errors will not include errors that arise directly or indirectly as a result of any of the SOCLLC SLA Exclusions (as defined below).

“Monthly Uptime Percentage” is calculated by subtracting from 99.999% the average of the Error Rates from each five minute period in the monthly billing cycle.

A “Service Credit” is a dollar credit, calculated as set forth below, that we may credit back to an eligible ethProxy account.

Service Credits

Service Credits are calculated as a percentage of the total charges paid by you for ethProxy service for the calendar month in which the error occurred in accordance with the schedule below.

We will apply any Service Credits directly to your SOCLLC Account. Service Credits shall not entitle you to any refund or other payment from SOCLLC. A Service Credit will be applicable and issued only if the credit amount for the applicable calendar month is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the SOCLLC Terms of Service, your sole and exclusive remedy for any unavailability or non-performance of ddos mitigation service or other failure by us to provide ddos mitigation service is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA or termination of your use of ethProxy services.

Definitions

To receive a Service Credit, you must submit a request by sending an e-mail message to support @ ethProxy.com. To be eligible, the credit request must (i) include your account email address in the subject or body of the e-mail message; (ii) include, in the body of the e-mail, the dates and times of each incident of non-zero Error Rates that you claim to have experienced; (iii) include your server request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks); and (iv) be received by us within ten (10) business days after the end of the calendar month in which the errors occurred. If the Monthly Uptime Percentage applicable to the month of such request is confirmed by us and is less than 99.998%, then we will issue the Service Credit to you within one billing cycle following the month in which the error occurred. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

ethProxy SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension or termination of ethProxy Service, or any other SOCLLC Service performance issues: (i) that result from Service Suspensions; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of any SOCLLC Global Point of Presence, including any denial-of-service attacks exceeding protection limitations on a single or multiple ethProxy nodes; (iii) that result from any actions or inactions of you or any third party; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (v) arising from our suspension and termination of your right to use ethProxy Service in accordance with the SOCLLC Terms of Service. If availability is impacted by factors other than those used in our calculation of the Error Rate, we may issue a Service Credit considering such factors in our sole discretion.