Smart Content Delivery™ SLA

1. Application of Smart Content Delivery SLA
   This Global IP Network. ("GIN") Service Level Agreement ("SLA") provides Customers with certain rights and remedies regarding GIN's Smart Content Delivery™ ("SCD") performance. This GIN SCD SLA applies only to SCD Customers and applies only to the SCD portion of the Services that Customer receives from GIN.
2. Definitions
   For purposes of this GIN SCD SLA, the following terms have the meanings set forth below:
   • "SCD Content" means cacheable objects (as defined below) which are delivered to a SCD cache server.
   • "Cache Servers" means servers for delivering SCD Content which are located on the global Smart Content Delivery service platform.
   • "SCD Service Outage" means an instance in which no SCD Content is delivered for more than 15 consecutive minutes.
   • "Origin Server" means either GIN's or Customer's Internet web site server where Customer Content is stored for retrieval by the Cache Servers.
   • "Cacheable Object" means any web object designated by Customer on its Origin Server as being cacheable.
   • "SCD Account" means an individual Media Control Center account on the SCD platform.
   • "Base Fee" consists solely of the base monthly fee paid by Customer for an SCD Account and excludes all other fees which might be charged to Customer, including, by way of example and not limitation, set-up fees, fees for Internet access and local loop, space rental fees, charges for additional services such as managed services, incremental bandwidth usage, electricity, extra IP addresses, RAM, or hard drives beyond that which is available without additional charge under GIN's standard rates, hourly support charges, and other types of optional additional services.
3. 100% Availability Guarantee
   GIN's goal is to deliver SCD Content 100% of the time. Subject to Sections 5 and 6 below, upon Customer's request, GIN will issue a credit to Customer for SCD Service Outages in an amount equal to one day's worth of the Base Fee paid per affected service by Customer, multiplied by each 24-hour period in which Customer experiences a SCD Service Outage during a particular month.
4. Measurement
   GIN will periodically measure SCD availability by requesting representative Cacheable Objects from Cache Servers at Selected POPs using software and hardware components capable of measuring traffic and responses at such Selected POPs. GIN reserves the right to periodically change the measurement points and methodologies it uses without notice to Customer. Availability is based on caching service being available from the zones for which the customer has contracted. 100% availability is determined by checking response from the cache servers for the requested object.
5. Exceptions
   Customer shall not receive any credits under this GIN SCD SLA in connection with any SCD Service Outage caused by or associated with:
   1. circumstances beyond GIN's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the GIN SCD SLA;
   2. a. circumstances beyond GIN's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the GIN SCD SLA;
   3. failure of access circuits to the SCD network, unless such failure is caused solely by GIN;
   4. scheduled maintenance and emergency maintenance and upgrades;
   5. maintenance and upgrades; DNS issues outside the direct control of GIN;
   6. Failure or unavailability of hardware that is provided by or controlled by Customer, including but not limited to, Customer's Origin Server(s);
   7. Failure or unavailability of software applications or code that are provided to GIN's SCD service platform by Customer, or the interactions of these items;
   8. False SLA breaches reported as a result of outages or errors of any GIN measurement system; or
   9. Customer's acts or omissions (or act or omissions of others engaged or authorized by Customer), including without limitation, any negligence, willful misconduct, or use of the GIN services in breach of GIN's Terms and Conditions of Service or GIN's Acceptable Use Policy.
6. Credit Request and Payment Procedures
   In order to receive a credit, Customer must make a request on GIN's Web site at https://www.gin.ntt.net/support/sla/credit.cfm. Each request in connection with an SCD Service Outage must be received by GIN within seven days of the SCD Service Outage and must be confirmed by GIN's measurements of SCD performance.
   
   SLA credits will only be issued to Customers who have paid in full the Base Fee for the service covering the time period within which the credit has been requested.
   
   Each valid credit will be applied to an invoice of Customer within two billing cycles after GIN's receipt of Customer's request therefore. Credits are exclusive of any applicable taxes charged to Customer or collected by NTT.
   
   Notwithstanding anything in this GIN Smart Content Delivery SLA to the contrary, the total amount credited to a Customer in connection with in any calendar month will not exceed the Base Fee paid by Customer for such month.
7. Miscelaneous
   In the event Customer requests a credit under this GIN SCD SLA, GIN shall review and determine whether a failure to meet an SLA Guarantee occurred. If a failure to meet either the Availability Guarantee is confirmed by GIN's measurement results, GIN shall issue a credit to Customer as set forth herein. If GIN 's measurements did not record the claimed failure, GIN shall review any measurements timely provided by Customer, to determine whether a failure did occur and if yes, whether such failure was GIN's responsibility and whether a Service credit should be issued to Customer. The credit for one day is defined as one thirtieth of the total amount of the Base Fee.