This SimpleCDN Service Level Agreement ("SLA") is a policy governing the use of the SimpleCDN Service ("CDN Service") under the terms of the Terms of Service (the "SimpleCDN Terms of Service") between SimpleCDN Technologies, Inc. ("SimpleCDN", "us" or "we") and users of SimpleCDN's services ("you"). This SLA applies separately to each SimpleCDN Account. Unless otherwise provided herein, this SLA is subject to the terms of the SimpleCDN Terms of Service and capitalized terms will have the meaning specified in the SimpleCDN Terms of Service. We reserve the right to change the terms of this SLA in accordance with the SimpleCDN Terms of Service.
SimpleCDN will use commercially reasonable efforts to make CDN Service available with a Monthly Uptime Percentage (defined below) of 100% during any calendar month (the "Service Commitment"). In the event SimpleCDN does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.
"Error Rate" means: (i) the total number of internal server errors returned by SimpleCDN as error status "InternalError" or "ServiceUnavailable" divided by (ii) the total number of requests during that five minute period. We will calculate the Error Rate for each SimpleCDN account as a percentage for each five minute period in a calendar month. The calculation of the number of internal server errors will not include errors that arise directly or indirectly as a result of any of the SimpleCDN SLA Exclusions (as defined below).
"Monthly Uptime Percentage" is calculated by subtracting from 100% the average of the Error Rates from each five minute period in the monthly billing cycle.
A "Service Credit" is a dollar credit, calculated as set forth below, that we may credit back to an eligible SimpleCDN account.
Service Credits are calculated as a percentage of the total charges paid by you for SimpleCDN for the calendar month in which the error occurred in accordance with the schedule below.
| Monthly Uptime Percentage | Service Credit Percentage |
| Equal to or greater than 99.999% but less than 100% | 5% |
| Equal to or greater than 99.99% but less than 99.999% | 10% |
| Equal to or greater than 99.9% but less than 99.99% | 25% |
| Equal to or greater than 99% but less than 99.9% | 50% |
| less than 99% | 100% |
We will apply any Service Credits directly to your SimpleCDN Account. Service Credits shall not entitle you to any refund or other payment from SimpleCDN. A Service Credit will be applicable and issued only if the credit amount for the applicable calendar month is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the SimpleCDN Terms of Service, your sole and exclusive remedy for any unavailability or non-performance of CDN Service or other failure by us to provide CDN Service is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA or termination of your use of SimpleCDN.
To receive a Service Credit, you must submit a request by sending an e-mail message to support @ simplecdn.com. To be eligible, the credit request must (i) include your account email address in the subject or body of the e-mail message; (ii) include, in the body of the e-mail, the dates and times of each incident of non-zero Error Rates that you claim to have experienced; (iii) include your server 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); and (iv) be received by us within ten (10) business days after the end of the calendar month in which the errors occurred. If the Monthly Uptime Percentage applicable to the month of such request is confirmed by us and is less than 100, then we will issue the Service Credit to you within one billing cycle following the month in which the error occurred. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
The Service Commitment does not apply to any unavailability, suspension or termination of CDN Service, or any other CDN Service performance issues: (i) that result from Service Suspensions; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of any SimpleCDN Global Point of Presence, including any denial-of-service attacks on a single or multiple CDN nodes; (iii) that result from any actions or inactions of you or any third party; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (v) arising from our suspension and termination of your right to use CDN Service in accordance with the SimpleCDN Terms of Service. If availability is impacted by factors other than those used in our calculation of the Error Rate, we may issue a Service Credit considering such factors in our sole discretion.
