Article 1     General Provisions

eSurfing Cloud (hereinafter referred to as "Party B", website: https://www.esurfingcloud.com) provides Dedicted Physical Server services (hereinafter referred to as "Services") to the user (also referred to as "Party A") in accordance with the provisions of this Agreement and its operating rules as may be amended from time to time. Party B reserves the right to change the terms of the Service Level Agreement (SLA) at any time.

Article 2     Terms and Service Commitment

2.1   Definition

Service Cycle: A Service Cycle is one natural month.

Total Time of Service Cycle: Total Time of Service Cycle is the total number of minutes in a Service Cycle = Total number of days in a Service Cycle x 24 hours x 60 minutes.

Service Unavailability: Service Unavailability is the period when the dedicated physical server system logs show that the Services were inaccessible for one or more consecutive minutes because of eSurfing Cloud. Service unavailability of less than one minute is not counted.

2.2   Calculation of Service Availability Rate

Service Availability = (Total Minutes in a Single Physical Server Service Cycle - the Single Physical Server Service Unavailable Minutes)/Total Minutes in a Single Physical Server Service Cycle x 100%.

2.3   Commitment to Service Availability Rate

eSurfing Cloud provides a dedicated physical server business availability of more than 99%.

Article 3     Restrictions

The unavailability of Party A's dedicated physical servers due to the following reasons shall not be counted in the unavailability time:

(1)     Scheduled system maintenance, including cutover, repair, upgrade, or simulated failure exercises, for which Party B has provided prior notice to Party A;

(2)     Network failures, device faults, or configuration adjustment of non-eSurfing Cloud devices;

(3)     Unavailability caused by Party A's application or installation activities;

(4)     Party A's application programs or data attacked by hackers;

(5)     Operations authorized by Party A or any Party A's misjudgment in operations;

(6)     Loss or disclosure of data, including passphrases and passwords, due to improper maintenance or confidentiality by Party A;

(7)     Unavailability caused by Party A's self-upgrading of the operating system;

(8)     Operating system vulnerabilities; and

(9)     Server hardware failure and consequent repair time;

(10)   Unavailability caused by other non-Party B reasons;

(11)   Service unavailability resultant from force majeure events or unforeseen accidents; Force majeure or other accidents that are unforeseeable, insurmountable, and unavoidable and have a significant impact on one party or both parties, including but not limited to natural disasters (such as floods, earthquakes, and plague epidemics) and social events (such as wars, strikes, unrest, government actions, interruption of telecom backbone lines, hackers, network congestion, technical change of telecommunications departments, and government policies).

Article 4     Service Credit

Credit Method: In the event Party B does not meet the commitment on the Service Availability Rate specified in this SLA, you are entitled to claim Service Credits as specified in the SLA, which shall be the sole and exclusive compensation for any performance or availability issues for the Services under this SLA.

Time Limit for Application: You can apply for service credit in each Service Cycle after the bills are settled. The application must be filed within two (2) months after the end of the Service Cycle in which the incident that's the subject of the claim occurred. Applications beyond the time limit will not be accepted. eSurfing Cloud will make a reasonable assessment of all information provided to us and make a good-faith decision on whether the service credit is owned.

Compensation Application Method: You can make a claim at the eSurfing Cloud user center.

Description:

1.        If the service period is less than one month, only the unavailable time will be recorded and no compensation will be issued.

2.        If the service availability of the dedicated physical server is less than 99%, Party A will be granted 108 hours as service compensation time.

3.        Under no circumstances shall the service compensation time received by Party A exceed one service cycle.

Article 5     Effectiveness and Miscellaneous

This SLA shall take effect and be observed starting from the date when the user applies for Dedicated Physical Server. It shall terminate at the termination of this Agreement.

In the event of any conflict or inconsistency between the English and the Chinese versions of this Agreement, the English version shall prevail. If there is any unclear part in the Chinese version, please refer to the English version.