Zenlayer Load Balancing Services

Last updated: March 29, 2023

1. Product Summary.

Load balancing is a software product that schedules user traffic to back-end servers according to configuration policies. This Appendix is only applicable to the Application-based Load Balancing (ALB) and performance guarantee type of Network-based Load Balancing (NLB), and the performance sharing type of Network-based Load Balancing (NLB) is not applied.

2. Acceptance Period.

The Acceptance Period is two (2) business days for ZLB Services.

3. Payment Terms and Fee Calculation.

All Charges for the ZLB Services will be calculated according to the price listed in SOF and billed in accordance with the Section 5 specified in the MSA.

4. Service Availability.

4.1. Service Availability Formula. ZLB service availability shall be calculated as follows:

T = Total Minutes per month

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

“Unavailability” shall mean a single ZLB instance cannot provide the traffic scheduling services normally.

“Unavailability duration” shall mean sum of unavailable minutes of a single ZLB instance in a natural month. The unavailable minutes caused by Section 5.3 below shall be excluded.

5. Service Level Guarantee.

Zenlayer shall use commercially reasonable efforts to maintain a monthly availability for Service of 99.9% or greater.

5.1. Service Availability Guarantee and Service Level Credit.

Zenlayer fails to meet the service levels outlined 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)
≥ 99.9%	Up to 44 minutes	N/A
< 99.9% and ≥ 98.9%	More than 44 minutes and up to 8 hours	10%
< 98.9%	More than 8 hours	20%

5.2. To submit a claim for Service Level Credit, Customer shall

(a) notify Zenlayer in writing within five (5) days of the outage, and

(b) provide necessary information, including 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 amount and ratio of credit shall only apply to the affected Service, and the credit shall be calculated upon the MRC amount of the affected Service listed in this Appendix.

(d) 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 be not responsible for service failure caused by the following reasons, and the failed time will not be calculated into the Service Level Credit:

(a) Emergency or scheduled maintenance, including cutover, maintenance, upgrade and simulated fault drill, etc;

(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) Customer does not configure the back-end server or the problem caused by the abnormal back-end server;

(e) Failure of power, facilities, equipment, systems, configuration or connections not provided by Zenlayer or it’s affiliates;

(f) Customer's visiting volume exceeding the ZLB instance specifications;

(g) The availability detection network segment is disabled caused by Customer’s security policy configured on the back-end servers;

(h) The loss or leakage of data, passwords, passwords, etc. caused by improper maintenance or confidentiality of Customers;

(i) Customer's failure to follow the product use documents or suggestions of Zenlayer;

(j) Suspension or termination of Service in accordance with the MSA; or

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

5.4. In the event that Zenlayer observes that an IP port ordered by Customer is attacked by a DDoS attack, and the scale of the attack adversely affects the network and consequently degrades the Services of other customers on the network, Zenlayer has the right, at its sole discretion and without prior notice, to implement necessary measures to reduce the impact to such DDoS attack. Zenlayer reserves the right to suspend Service if necessary to protect the entire network. Zenlayer will not be liable to Customer for any actions taken to reduce the impact of such DDoS attacks.

5.5. 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 this Appendix.