Zenlayer Internet Access Services

Last updated: March 29, 2023

1. Service Description.

1.1. Internet Access Services. Internet Access Services allow delivery of Customer’s content through the internet using hardware and other tangible equipment, software, and intangible computer code servers provided by Customer or its end user (“Customer Equipment”) or leased from Zenlayer (“Zenlayer Equipment”).

1.2. IP Address. Any IP address(es) allocated to the Customer by Zenlayer shall remain the sole property of Zenlayer. Customer is given a non-exclusive, non-transferable right to use such IP address(s) until termination or suspension of the Service. Zenlayer reserves the right to change an allocated IP address at any time.

1.3. IP Transit Services. IP transit is a type of internet access services. Zenlayer will transfer customer contents to all the internet destination addresses.

1.4. Paid Peer services. Paid Peer Services is a type of internet access services. Zenlayer will transfer customer contents to the specific network as contract signed.

1.5. Professional Services. Professional Services may include but are not limited to providing power on or power off for Zenlayer Equipment or Customer Equipment and configuring Zenlayer Equipment or Customer Equipment.

2. Acceptance Period.

The Acceptance Period is (2) business days for other Internet Access Services.

3. Burst Billing.

3.1. Burstable billing. Burstable billing is a method of measuring bandwidth based on peak use. It also allows usage to exceed a specified threshold for brief periods of time without the financial penalty of purchasing a higher committed information rate (CIR, or commitment) from an Internet service provider (ISP).

3.2. 95th percentile .The 95th percentile is a widely used mathematical calculation to evaluate the regular and sustained use of a network connection. The 95th percentile method more closely reflects the needed capacity of the link in question than tracking by other methods such as mean or maximum rate. The bytes that make up the packets themselves do not actually cost money, but the link and the infrastructure on either end of the link cost money to set up and support. This method of billing is commonly used in peering arrangements between corporate networks, it is not often used by ISPs because Internet service providers need committed information rates (CIRs) for planning purposes.

3.3. Burstable rate calculation . Bandwidth is measured (or sampled) from the switch or router and recorded in a log file. In most cases, this is done every 5 minutes. At the end of the month, the samples are sorted from highest to lowest, and the top 5% (which equal to approximately 36 hours of a 30-day billing cycle) of data is thrown away. The next highest measurement becomes the billable use for the entire month.

4. Specific Terms for Internet Access Services.

4.1. Network Attack.

(a) In the event Zenlayer observes a Distributed Denial of Service (DDoS) attack on the IP Port subscribed by Customer and the scale of such attack causes adverse impact to the network resulting in service degradation to other customers on the Network, Zenlayer will, at its sole discretion and without prior notice, implement necessary actions to reduce the impact of such DDoS attack. Zenlayer also reserves the right to suspend the Service as required to protect the network as a whole if such service-impacting DDoS attack occurs more than once in a calendar month. Zenlayer shall not be liable to the Customer for any actions taken by Zenlayer to reduce the impact of such DDoS attack.

(b) In the event Customer using Zenlayer Internet Access Service engaging in DDOS attacks, Zenlayer have the right to stop the customer services immediately. Zenlayer also reserves the right to ask the customer for compensation for the damage caused by the attack.

4.2. IP address announcement. Customer can using BGP protocol connect to Zenlayer network and announce IP addresses or request Zenlayer using Zenlayer’s ASN announce customer IP address. Customer must provide one of the document below as the request reference:

(a) IRR RPKI records shows customer has the owner of the IP address.

(b) LOA allow Zenlayer to announce the IP address send from IRR record owner’s email addresses.

4.3. IP address leasing. Customer can lease IP address from Zenlayer in order to use Zenlayer internet access services. Customer can not use Zenlayer IP address to engage in illegal and criminal activities. Zenlayer reserve the right to trace the losses caused by illegal and criminal activities to customers.

4.4. Security. Internet Access Services only provide customer access capability to the internet. Zenlayer do not provider network security protect services. Customer should aware of the risks of cybersecurity and all the digital assets maybe stolen and destroyed through the network. Zenlayer will not be responsible for customer losses caused by network security issues.

5. Service Level Guarantee.

This Service Level Agreement (“SLA”) is only applicable for Service(s) provided by Zenlayer, and its affiliated carriers within Zenlayer’s service territory. This SLA does not include Service(s) provided over the network of non-affiliated carriers, including the local loop.

5.1. Internet Access Service Availability Guarantee and Service Level Credit.

5.1.1 Zenlayer shall use commercially reasonable efforts to maintain a monthly availability for Service of 99.95% or greater. The availability metrics will be based on a monthly average of the Service and Customer’s production web server (measured directly), computed from data captured across all regions and hits.

5.1.2 Subject to Section 5.2. of this Appendix, if Zenlayer fails to meet the service levels outlined in Section 5.1.1. above, except for the reasons outlined in Section 5.3. below, Customer shall be entitled to a Service Level Credit as outlined in the Table below:

Service Availability % per Calendar Month	Unavailability Duration Approximation (for reference only)	Amount of Credit (% of Monthly fee)
≥ 99.95%	Up to 22 minutes	N/A
< 99.95% and ≥ 99.9%	More than 22 minutes and up to 44 minutes	10%
< 99.9% and ≥ 99%	More than 44 minutes and up to 7 hours and 18 minutes	20%
< 99% and less than 24 hours	More than 7 hours and 18 minutes up to 24 hours	50%
more than 24 hours	More than 24hours	100%

5.2. To submit a claim for Service Level Credits, the Customer must:

(a) Notify Zenlayer in writing not more than thirty (30) days from the date of the outage to Customer (if Customer fails to notify Zenlayer within said 30 days, no credit shall be given), and

(b) Provide Customer’s name, Customer’s administrative contact, contract number, date of the event giving rise to the claim with beginning and end time, origination and destination route, source and destination IP Addresses, and a traceroute from the source address (if applicable).

(c) The formula for Actual Availability shall be as follows:

T = Total Minutes per Month

U = Unavailability Duration (round up to the nearest minutes)

(d) The Customer shall not be entitled to a credit if the applicable Services have been terminated.

(e) The amount and ratio of credit shall only apply to the affected service, and the credit shall be calculated upon the total MRC amount of the affected service listed in this Appendix.

(f) The credit shall be calculated by referencing the records held by Zenlayer, which will be the sole conclusive evidence of the service level achieved, absent manifest error.

5.3. Zenlayer shall not be responsible for network outage, service failure, or service unavailability, and these periods shall not be counted towards calculating credits if the failure or unavailability is due to:

(a) Emergency or scheduled maintenance;

(b) Force Majeure;

(c) Actions by Customer or others authorized by Customer to use the Services or Customer-provided equipment or software or local access facilities ordered directly by Customer;

(d) Failure of power, facilities, equipment, systems or connections not provided by Zenlayer or its’ affiliates;

(e) Zenlayer’s or its affiliates' inability to access the Customer's premises;

(f) Suspension or termination of service in accordance with the MSA; or

(g) Acts or omissions of third parties that are not affiliated with Zenlayer.

5.4. Maintenance. Zenlayer may suspend Services during the maintenance or update of its network. In the event of routine, planned maintenance, Zenlayer will provide Customer with reasonable prior notice. For emergency maintenance, Zenlayer will provide as much notice as is practicable under the circumstances. In all cases, Zenlayer will work with Customer to minimize disruptions to the Service. Under no circumstances, will any planned interruption or routine maintenance be considered a Service Outage. Such maintenance is not entitled to any credits unless stated otherwise in the SLA.