Service Level Agreement

Rayobyte Proxy Service Level Agreement

This Rayobyte Proxy Service Level Agreement (“SLA”) is a policy governing the use of Rayobyte Proxies (“Proxy”) and applies separately to each Proxy you create in your Rayobyte account. In the event of a conflict between the terms of this SLA and the terms of the Terms Of Service or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

1. Service Commitment

Rayobyte will use commercially reasonable efforts to make Proxy available with a Monthly Uptime Percentage of at least 99.9% (the “Service Commitment”). In the event a Proxy does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

2. Guidelines

Service Credits are calculated as a percentage of the total charges paid by you for the affected Proxy for the monthly billing cycle in which the Service Commitment was not met, in accordance with the schedule below:

Monthly Uptime Percentage

Less than 99.9% but equal to or greater than 99.0%

Less than 99.0% but equal to or greater than 95.0%

Less than 95.0%

Service Credit Percentage

10%

20%

30%

We will apply any Service Credits only against future Proxy payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from Rayobyte. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than five dollars ($5.00 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide Proxy is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.

Credit Examples:

Customer has 10,000 proxies across three locations. 27 minutes of outage affecting 2,000 of their proxies.
1. 10,000 proxies * 43,830 avg minutes per month = 438,300,000 minutes of service a month
2. 2,000 affected proxies * 27 minutes of downtime = 54,000 minutes of outage time
3. 54,000 / 438,300,000 = 0.000123203285421 or 0.01%
4. No credit would be received as 0.01% is within %99.9 percent (rounded)
Customer has 100 proxies in one location. 3 hours of outage affecting all 100 of their proxies.
1. 100*43,830 = 4,383,000 minutes of service a month
2. 100*180 = 18,000 minutes of outage time
3. 18,000/4,383,000 = 0.00413983440662 or 0.4% (rounded)
4. 0.4% is 0.3% over %99.9 which entitles customer to a 10% credit

3. Credit Request and Payment Procedures

To receive a Service Credit, you will need to submit a claim by contacting Rayobyte customer support . To be eligible, the credit request must be received within two weeks (14 calendar days) after which the incident occurred and must include:

the words “SLA Credit Request” in the subject line;

the dates, times, and region(s) of the affected Proxy resource ID(s) for each Unavailability incident that you are claiming; and

your 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).

If the Monthly Uptime Percentage of such a request is confirmed by us (corresponds with a named outage identified by our monitoring system) and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which the request occurred. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

4. Proxy SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension, or termination of Proxy, or any other Proxy performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Proxy; (ii) that result from any actions or inactions by you or any third party; (iii) that result from you not following the guidelines and best practices described in the Proxy Documentation on the Rayobyte Site; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology; (v) that result in long recovery time due to insufficient IO capacity for your proxy IPs’ workload; (vi) that result from any maintenance as provided for pursuant to the Rayobyte Agreement; or (vii) arising from our suspension or termination of your right to use Proxy in accordance with the Agreement (collectively, the “Proxy SLA Exclusions”). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion. This SLA applies to the Proxy itself and does not apply to any other Services used with the Proxy.

5. Definitions

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“Monthly Uptime Percentage” for a given Proxy is calculated by subtracting from 100% the percentage of 1 minute intervals during the month in which the Proxy is Unavailable. If you have been running the Proxy for only part of the month, the Proxy is assumed to be 100% available for the portion of the month that it was not running. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Proxy SLA Exclusions.

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

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“Unavailable” or “Unavailability” means that all connection requests to Proxy fail during a 1 minute interval.