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1. Service Level Description

We are proud of the consistently reliable nature of our data centers and network and the level of support we provide. We have established standards upon which we base our assessment of that reliability. These standards are set out in this Service Level Agreement (SLA), which is an addendum to the Terms of Service that govern your service with us. Depending on the services you purchase from us, in the unlikely event our Data Center Service and/or Network (as defined below) service level fails to meet these Standards, you may seek certain compensation as set out in this SLA. Terms that are not defined in this SLA shall have the meaning given to them in the Terms of Service governing your services.

2. Our Data Center Services

This SLA applies to our data centers, starting from the protected power systems (generators and UPS systems) and terminating at the dedicated or shared customer power circuits provided off our PDUs (Power Distribution Units), and it covers all the HVAC systems and environmental conditions (namely, temperature and humidity) and all of our provided cross-connects within our data centers. In addition, for customers with our provided rented or lease-to- owned hardware, the SLA also applies to the hardware repair or replacement timeframes. This SLA does not apply to any customer equipment, such as in- rack power bars (in-rack “PDUs”), any servers, switches, firewalls, load balancers, routers, or any other customer equipment (with the exception of our provided hardware) or customer cabling. For purposes of this SLA only, the term “Data Center” encompasses the description in this paragraph.

3. Our Network

This SLA applies to our internal, managed network core, distribution and access layers, as shown on our current network map. A current copy of our network map is available on our web site. This SLA does not apply to LEC/CLEC/telco circuits, fiber, upstream providers or any other portions of our network or Internet connectivity that are not under our complete control. The SLA also does not apply to any customer devices or any customer managed cables / connections. For purposes of this SLA only, the term “Network” encompasses the description in this paragraph.

4. Data Center Service Performance Standards

We evaluate the performance of our Data Center Services as follows:

4.1. Colocation Customers:

4.1.1. Electric Service:

4.1.1.1. For customers with redundant dedicated power circuit pairs (otherwise known as “A & B” circuits), electric feed will be available 100% of the time over at least one of the two circuits in each dedicated power circuit primary & secondary (“A & B”) pair.

4.1.1.2. For customers with non-redundant dedicated power circuit(s), electric feed will be available 99.9% of the time.

4.1.1.3. For customers using power from shared non-redundant power circuit(s), electric feed will be available 99.9% of the time.

4.1.2. The following environmental specifications will be met at our data centres at all times: an ambient temperature of 68 to 74 oF (average/setpoint of 71 oF) and at Relative Humidity (RH) of 25% to 55% (average/setpoint of 40%).

4.1.3. All cross-connects, provided by us wholly within our data centers, will be available 100% of the time.

4.2. Dedicated Server (rental or lease-to-own) Customers:

4.2.1. For customers with our provided rented or lease-to-owned hardware, any malfunctioning hardware will be repaired or replaced within under two (2) hours from the time a ticket is open, identifying the issue and requesting/authorizing the hardware replacement or repair.

4.3. Superb Cloud (CloudServer, DedicatedCloud, WholesaleCloud and FlexCloud) Customers:

4.3.1. The cloud platform will be available 100% of the time.

4.3.2. The guaranteed CPU core quantity and performance/capacity (passmark performance measurement), amount of RAM and disk space, as well as the port bandwidth and the included traffic, will be available, without any restrictions or throttling, 100% of the time.

4.3.3. The CPU, RAM and hard drive resources will be always provided on a dedicated, non-oversold basis.

4.3.4. The *d series of CloudServer and DedicatedCloud accounts, and all WholesaleCloud accounts, will always provide fully dedicated, non- oversold and unshared cores (one customer per core).

4.3.5. All customer data on the cloud will always exist in at least two (2) fully redundant, concurrently up-to-date, copies, across different (redundant) hypervisors within the same cloud zone (location).

4.3.6. New VM(s) will be provisioned in less than 120 seconds of the customer submitting the VM provisioning request using the myCP® Control Panel.

4.3.7. In case of the currently active individual hypervisor failure for a customer VM(s), the affected customer VM(s) will be hot (live) migrated and restarted on anotherhypervisor in less than 90 seconds after the platform detection of the hypervisor failure.

4.3.8. Immediate minimum scalability of 1,000% (10x) of the previous 30 days average purchased cloud capacity will be always available and guaranteed to all CloudServer, DedicatedCloud and FlexCloud customers.

4.3.9. Immediate minimum scalability of 200% (2x) of the previous 30 days average purchased cloud capacity will be always available and guaranteed to all WholesaleCloud customers.

4.3.10. Customer cloud server (VM) and cloud resource pool location will always remain unchanged and guaranteed to the specific location chosen at the time of initial service order, except for customers utilizing Disaster Recovery as a Service (DRaaS), where the location may change to the DRaaS location chosen by the customer during customer testing of the DRaaS failover or during an event that triggers the DR measures.

4.4. The myCP® Control Panel will be available for customer use 100% of the time.

4.5. We will make an effort to inform you in advance of any service affecting maintenance by opening a ticket in myCP® under your account and/or via e-mail to the primary e-mail address on your account.

4.6. Customers experiencing an outage or emergency should call the 24x7x365 Data Center or Global Support at the phone number provided. All calls will be answered by a live technician in under five (5) minutes.

4.7. The evaluation criteria set out in this paragraph is collectively referred to in this SLA as the Data Center Service Performance “Standards.”

5. Data Center Service Performance Measurement

We maintain internal systems, logs and journals, which measure the Standards as follows:

5.1. Managed, metered in-rack power bars which measure the utilization and uptime of customer “A & B” dedicated power circuits;

5.2. Regular facility walk-throughs recording status, and relevant readings, of all critical systems (such as UPS systems, PDU units, generators, and HVAC systems);

5.3. Numerous thermostats throughout the facility, measuring the data center temperature and humidity on an ongoing basis;

5.4. Global phone system logs that include detailed information on all customer phone calls, including caller ID, response time, talk time, technician(s) handling the call, and queuetime (if any);

5.5. Global myCP® ticket system logs, which record all ticket activity and the time thereof, such as customer request(s) and authorization(s), our response(s), diagnosis and workperformed. This is recorded for all customer trouble tickets/requests;

5.6. Detailed cloud platform logs, which measure all significant events, activity and utilization levels within the platform;

5.7. Numerous ongoing external performance tests of the cloud platform (test VM) performance;

5.8. Generally, a 30 consecutive day average of all statistical data is used to determine whether our Data Center Services have met the Standards.

5.9. Exclusions:

5.9.1. Electric outages caused by another customer on a non-redundant, shared power circuit;

5.9.2. “A & B” redundant power circuits where our managed, metered in-rack power bar is not in exclusive use on the secondary power circuit;

5.9.3. “A & B” redundant power circuits where customer has exceeded 80% of the single circuit rated Amperage draw as an aggregate total across both circuits in a redundant pair, or, if managed, metered power bar is only in use on secondary and not on primary circuit, where secondary circuit usage has exceeded 1.0 Amps at any time while the primary power circuit is in use;

5.9.4. Non-redundant dedicated power circuits where customer has exceeded 80% of the single circuit rated Amperage draw at any time;

5.9.5. Any instance where customer server/device has exceeded 2.0 Amps draw, at any time, on a shared power-circuit, unless appropriate service for the additional Amperage has been purchased (only applies to single-server colocation);

5.9.6. Temperature in the designated hot aisles;

5.9.7. Temperature in, or around, any customer racks where more than 120 Amps at 110V or more than 60 Amps at 208V (or any combination thereof) is in use, unless priorarrangements for additional cooling capacity in the said racks have been made and implemented and an SLA exclusion waiver granted;

5.9.8. Third party measurements of the Standards, including those you maintain;

5.9.9. Any maintenance activity performed during previously announced maintenance windows;

5.9.10. Any customer caused outages or service degradation; and

5.9.11. Data Center phone support service during an emergency situation at, or affecting, the data center, as long as such an emergency situation has been announced to customers.

6. Network Performance Standards

We evaluate the performance of the Network as follows:

6.1. The Network will be available and functional, i.e., having a path available for the flow of data packets, 100% of a 24-hour day, at its core and distribution layers, excluding scheduled maintenance and upgrades. We will make an effort to inform you in advance of such maintenance if you have chosen to subscribe to the relevant updates list at http://nsssc.superb.net (only Customers subscribed to this update list will receive scheduled maintenance notifications). The fact that notice is not provided to you, or received by you, shall not be evidence that Network unavailability is not scheduled maintenance. One device (e.g., router or switch) or circuit/link being down for scheduled or unscheduled maintenance, regardless of for how long, at locations where the device or circuit/link is redundant (i.e., another device or circuit/link (or multiple ones thereof) is capable of taking on the load of the one that is down), shall not be classified as Network unavailability.

6.2. There will be no packet loss in our internal network (i.e., between the core routers and distribution switches at the same PoP/Data Center, or between core routers at different PoPs/Data Centers), or from our core router through which we connect to a Tier 1 provider to the next Internet route hop at the Tier 1 provider’s end (at the POP where we connect to it). For the purposes of this SLA, the term “Tier 1” shall mean the generally acknowledged and accepted Tier 1 Internet backbone providers, having a national or international Internet network, with whom we directly connect.

6.3. Latency shall be 3 milliseconds (ms) or less from one core router to another, or to a distribution switch, at the same Data Center or PoP, or from core router at one PoP or Data Center to a core router at a different PoP or Data Center within the same metro area (under 50 mile distance), and from our core router through which we connect to a Tier 1 provider to the next Internet route hop at the Tier 1 provider’s end (at the POP where we connect to it), and from our core router through which we connect to any private peer or peering exchange. This excludes any Tier 1 providers, private peers or peering exchanges where the connection is 50 miles or more away from the relevant core router, or any peering exchange fabric caused issues or peer-end issues. Latency shall be less than 100 ms between any point on our network on the East Coast to any point on our network on the West Coast, and vice versa, less than 30 ms from any point along one coast to any other point along the same coast, and less than 10 ms within the same greater metropolitan area (over 50 mile distance).

6.4. IP Transit customers experiencing an outage or emergency should call the 24x7x365 NOC at one of the NOC phone numbers provided. All calls will be answered by a live technician in under five (5) minutes.

6.5. The evaluation criteria set out in this paragraph is collectively referred to in this SLA as the Network Performance “Standards.”

7. Network Performance Measurement

We maintain internal systems, logs and journals, which measure the Standards as follows:

7.1. Generally, a 30 consecutive day average of all statistical data is used to determine whether our Network has met the Standards;

7.2. Connectivity Standards for the Network’s latency and packet loss objectives are measured over the 30 consecutive day period for each particular path or route;

7.3. Network availability (uptime) standards are measured for each Network PoP, or Data Center, core and distribution layer as a whole, using instantaneous measurements instead of averages; and

7.4. Global phone system logs that include detailed information on all customer phone calls, including caller ID, response time, talk time, technician(s) handling the call, and queue time (if any).

7.5. Exclusions:

7.5.1. Instantaneous measurements of the Standards are not accepted as evidence that the Standards have not been met, with the exception of any Network PoP core (as a whole) and/or distribution (as a whole) layer uptime, where instantaneous measurements are used;

7.5.2. Third party measurements of the Standards, including those you maintain; and

7.5.3. NOC phone support service during a network emergency, as long as such an emergency situation has been announced to customers.

8. Remedies

8.1. Dedicated Server Rental and Lease-To-Own customers:

8.1.1. Should any hardware component fail on a Server, as that term is defined below, we will use commercially reasonable efforts, at our own cost and expense, to replace the defective component(s).

8.1.2. We will store commonly used parts for current standard configuration Servers on the site where the affected Server is located. For parts that are so stored, we shall commence efforts to replace the defective components within 2 hours of our confirmation of the failure, and its diagnosis by us. For each additional full 2 hour period during which we are unable to replace the defective components following our diagnosis and confirmation performed (which is not a part of this 2 hour period), you will be entitled to credit for 1 day Equipment Rental, or, if applicable, Lease-To-Own fee. For parts that are not commonly used, the replacement time of which is not governed by this SLA, we will act on a commercially reasonable basis to obtain the part(s) as soon as reasonable and then replace the failed part(s) with the new part(s).

8.1.3. The remedies set out in these subparagraphs shall apply to you if your Agreement with us includes: (i) an Equipment Rental Addendum; and/or (ii) a Lease-to-Own Addendum during the time prior to the transfer of ownership of the server to you (each the “Server(s)”). The term “Server(s)” specifically excludes hardware owned by you, including that hardware that you purchased from or through us.

8.2. Cloud Service Customers:

8.2.1. During each calendar month, for each full hour (rounded up from 31 minutes; rounded down from 30 minutes) during which your cloud service(s) are not available, you will be entitled to a 1 day affected cloud service fee credit. In case of effect on a part of the cloud resource pool (affected VM(s) which do not cumulatively add up to the account resource pool total), the credit will be proportional to the resources (CPU/RAM/disk equally weighted) actually affected.

8.2.2. During each calendar month, for each full hour (rounded up from 31 minutes; rounded down from 30 minutes) during which the guaranteed CPU cores quantity and/or performance (passmark), amount of RAM and/or disk space are not available to you, you will be entitled to a 1 day affected cloud service fee credit. In case of effect on a part of the cloud resource pool (affected VM(s) which do not cumulatively add up to the account resource pool total), the credit will be proportional to the resources (CPU/RAM/disk equally weighted) actually affected.

8.2.3. During each calendar month, for each full hour (rounded up from 31 minutes; rounded down from 30 minutes) during which the double data redundancy of all your data is not maintained, you will be entitled to a 1 day affected cloud service fee credit. In case of effect on a part of the cloud resource pool (affected VM(s) which do not cumulatively add up to the account resource pool total), the credit will be proportional to the resources (CPU/RAM/disk equally weighted) actually affected.

8.2.4. If any VM does not meet the VM provisioning or hot migration standards, as per 4.3.6 or 4.3.7, for each calendar day when such a failure or failure(s) occur, you will be entitled to a 1 day affected cloud service fee credit. In case of effect on a part of the cloud resource pool (affected VM(s) which do not cumulatively add up to the account resource pool total), the credit will be proportional to the resources (CPU/RAM/disk equally weighted) actually affected.

8.2.5. If the immediate scalability guarantee is not met, as per 4.3.8 or 4.3.9, you will be entitled to a 30 day affected newly ordered service fee credit (that is, the first month of the newly ordered additional resources will be provided at no charge). In case of effect on a part of the cloud resource pool newly ordered resources, the credit will be proportional to the amount of resources (CPU/RAM/disk equally weighted) actually affected.

8.2.6. If the location permanency guarantee is not met, as per 4.3.10, you will be entitled to a full service credit for the entire duration of time while services are provided out of another location (excluding DRaaS customers, where a live location change DR service is specifically purchased and provisioned), for the affected services. In case of effect on a part of the cloud resource pool (affected VM(s) which do not cumulatively add up to the account resource pool total), the credit will be proportional to the resources (CPU/RAM/disk equally weighted) actually affected.

8.2.7. The remedies set out in these subparagraphs shall apply to you if your Agreement with us includes the Cloud Service Addendum.

8.3. Colocation Customers:

8.3.1. During each calendar month, for each full hour (rounded up from 31 minutes; rounded down from 30 minutes) in which electric feed is simultaneously not available on both dedicated power circuits in a redundant “A & B” circuit pair, you will be entitled to a 1 day affected power circuit fee (for both primary & secondary circuit) credit.

8.3.2. During each calendar month, for each full hour (rounded up from 31 minutes; rounded down from 30 minutes; first hour only rounded down from 45 minutes), in which electric feed is not available to your non-redundant dedicated power circuit or on the shared non-redundant power circuit that you are using, you will be entitled to a 1 day affected power circuit fee (if using a dedicated non-redundant power circuit) or colocation fee (if using a shared non-dedicated power circuit on a by-server basis) credit.

8.3.3. During each calendar month, for each day (measured 00:00-23:59 in local data center time) during which the environmental specifications are not met, as an average of all environmental readings taken by us over that day at the data center, you will be entitled to a 1 day affected racks and/or cabinets colocation fee credit.

8.3.4. The remedies set out in these subparagraphs shall apply to you if your Agreement with us includes the Colocation Service Addendum.

8.4. IP Transit (Network Service) Customers:

8.4.1. During each calendar month, for each full hour (rounded up from 31 minutes; rounded down from 30 minutes) in which the Network fails to meet the uptime standards detailed in 6.1, you will be entitled to a 1 day affected IP transit fee credit, or, if you are a by-server colocation, dedicated server or cloud customer, to 1 day of the Front-End Network service fee portion of your account.

8.4.2. During each calendar month, for each 1% of packet loss (rounded up from 0.51%, but not until it reaches first 1.0%; rounded down from 0.50%) on our Network, you are entitled to a 1 day affected IP transit fee credit, or, if you are a by-server colocation, dedicated server or cloud customer, to 1 day of the Front-End Network service fee portion of your account.

8.4.3. During each calendar month, for each additional 3 ms of latency (rounded up from 1.6 ms, but not until it reaches first 6.0 ms; rounded down from 1.5 ms) above the guaranteed amounts, you are entitled to a 1 day affected IP transit fee credit, or, if you are a by-server colocation, dedicated server or cloud customer, to 1 day of the Front-End Network service fee portion of your account.

8.4.4. The remedies set out in these subparagraphs shall apply to you if your Agreement with us includes the IP Transit Service Addendum.

8.5. All Customers:

8.5.1. During any unique support incident, that does not fall during emergency circumstances (as determined by us, and only if so announced by us to affected customers), if any phone call from you to Global Support, your Data Center or the NOC (as applicable for the affected service), to request emergency/immediate response or service is not answered by a live technician within under five (5) minutes, you will be entitled to a 1 day affected service fee credit.

8.5.2. Only one of the credits specified in clauses 8.1, 8.2, 8.3, 8.4 and 8.5, of your choice, or if you have not indicated your choice with your initial credit request, then of our choosing (which may not be later changed by you), may be applied at a time to any affected service, and never more than one in combination or conjunction on the same affected service for the same day. In case of multiple affected services in the same incident or in overlapping or otherwise related incidents, however, one service credit (of your choosing) can be applied to each affected service.

8.5.3. Any credits applied, arising from one or multiple, connected or unconnected, incidents, shall not add up to more than the current billing month (as of the end of the incident) net billed monthly recurring fees total for the affected service, during any billing month, 30 consecutive day period, or calendar month.

8.6. Certain failures to meet Performance Standards:

You will have the option to immediately terminate a particular Service if any of the following conditions take place:

8.6.1. More than 1% (7.2 hours) simultaneous electric supply downtime on both the “A & B” redundant power circuits in a redundant circuit pair over a consecutive 30-day period;

8.6.2. More than 1% (7.2 hours) Network downtime (defined as your switch or router, which must be redundantly connected to at least two (2) of our distribution switches or routers, not having Internet connectivity, excluding due to failure or misconfiguration of your server, router, firewall or switch hardware or software, due to your cabling, due to a Denial of Service attack, hacking, or similar, or due to a cross-connect not provided entirely by us) over a consecutive 30-day period;

8.6.3. Higher than 5% packet loss on the Network over a consecutive 30-day period on average;

8.6.4. Higher than 20 ms latency above any of the guaranteed levels on the Network over a consecutive 30-day period on average;

8.6.5. More than 1% (7.2 hours) cloud platform downtime (defined as the cloud platform as a whole not serving customer VMs at the location of your Service); or

8.6.6. Over 24 hours downtime (i.e., cannot ping, with measurement starting from the time that the issue has been diagnosed and we have been authorized to repair or replace the affected hardware) of your Server due to the failure of a commonly used part.

Your selection of this Remedy must be exercised within thirty (30) days of the first occurring condition. This Remedy may not be exercised in combination with any other remedies. If another Remedy has been already exercised by you for any occurring condition, you are not eligible for this Remedy. This Remedy only applies to the Service(s) directly affected by the condition(s) indicated above. The provisions of the Terms of Service governing your Services shall continue to apply to all unaffected Services, and to all affected Services if the termination Remedy is not exercised within thirty (30) days of the first occurring condition.

9. Requesting Credit

9.1. You must contact us within thirty (30) days from the date on which any Performance Standards are first not met.

9.2. You are entitled to request a remedy set out in paragraph 8 (a ‘”Remedy”) for only one failure of any particular Service to meet the Standards on any day. If you fail to choose a remedy where multiple remedies apply, then we will choose one for you. Our choice shall be binding.

9.3. To be valid, your notice must be submitted in writing by you via our myCP® control panel.

9.4. The Remedy Notice must contain:

· Sufficient information about the failure of the Service to meet the Standards so as to enable us to review our records and validate your claim;

· Include any and all trouble ticket number(s) open concerning the failure;

· Your choice of Remedy; and

· Be designated a “SLA Credit Request” in myCP®.

Your failure to comply with these requirements releases us from any requirement to provide you with a Remedy. The fact that a defective Remedy Notice was rejected by us does not result in an extension of time in which to submit your corrected Remedy Notice.

9.5. Upon receipt of a complete Remedy Notice, we will review our records and investigate your claim. You will receive the requested Remedy on your next invoice or a response from us within 20 business days of our receipt of your Remedy Notice. Current outstanding invoices will not be reissued and credit may not be claimed until it is given on the next invoice issued.

9.6. If we are unable to validate your claim, we will provide you with the description of the data we have reviewed and on which we based our decision. Any subsequent dispute based on your Remedy Notice shall be resolved solely on the basis of those records.

9.7. In order to submit an SLA Credit Request your account must be in good standing and have no overdue amounts owed. You are not entitled to any Remedy if your account is not in good standing, or has not been in good standing during failure of the Service to meet the Standards or at any time thereafter. The fact that your account is not in good standing will not cause the deadlines set out in this SLA to be altered.

10. General

10.1. The provisions of this SLA are the sole and exclusive measurements of the Standards. No other performance levels are part of the Standards, nor part of your Agreement with us.

10.2. Your selection of a Remedy, or failure to do so, is your sole and exclusive remedy for any failure of our Data Center Service Services or Network.

10.3. This SLA may be revised from time to time. During the Term, this version of the SLA will be applied. However, during any Renewal Terms, the then-current revised SLA will apply. New Services purchased from us will be also subject to the then-current revised SLA. It is your obligation to request a copy of the most recent SLA prior to any Renewal Term, or purchase of additional Services.