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Alibaba Cloud Anti-DDoS Service Level Agreement

Last Updated: Sep 21, 2016

Alibaba Cloud Anti-DDoS Service Level Agreement

 

Last Updated:  September 2016

 

This Alibaba Cloud Anti-DDoS Service Level Agreement the (“SLA”) applies to your purchase of use of the Alibaba Cloud Anti-DDoS Service (“Service”) under the terms and conditions of the Alibaba Cloud Product Terms between the relevant Alibaba Cloud entity described in the Product Terms and its affiliates (“Alibaba Cloud”, “us”, or “we”) and you. 

 

1.                SCOPE AND DEFINITIONS

1.1             Clean Traffic Percentage” means the percentage of clean traffic, calculated by packets, among the total traffic forwarded to the original servers after the traffic is mitigated by the Service.

1.2             Monthly Uptime Percentage” means a percentage of time during which the System in operation and is able to forward traffic to original servers as configured and provide access to management console for you, calculated by reference to the following formula:

                                                              (Total operating minutes in a month– Downtime)

Monthly Uptime Percentage = 100% x ————————————————————————

                                                                    Total operating minutes in a month

 

Monthly Uptime Percentage is subject to the exclusion scenarios provided under “Exclusions”.

1.3             Downtime” means the total number of minutes in the month when the System cannot be operated. Downtime excludes the Exclusions.  Downtime excludes the Exclusions.

1.3             Exclusions” means any unavailability, suspension, or termination of the Service that is due to any of the following:

(a)              Your use or your end user’s use of the Service:

(i)                poses a security risk to the Service offering;

(ii)              is fraudulent or unlawful;

(iii)           adversely impacts the operation of the Service and/or other users of the Service; or

(iv)            subjects us or our affiliates to liability;

(b)             events that are outside of our reasonable control, including any events of force majeure;

(c)              events that result from any actions or inactions on your part in connection with your use of the Service;

(d)             events that arise out of your or any third parties’ (not under our direct control) equipment, software, and/or technology;

(e)              events that result from your failure to adhere to any required configurations for the use of the Service;

(f)              events that result from your breach of any of the terms and conditions of the Alibaba Cloud Product Terms;

(g)             events that result from your non-payment of any charges payable to us;

(h)             events that result from critical accidents or failure of the relevant internet service provider(s); or

(i)             events that result from your illegal or unlawful use of the Service.

1.5             “Scheduled Downtime” means the periods of Downtime relating to network, hardware, or service maintenance or upgrades. We will use reasonable commercial endeavors to reasonable prior written notice to you prior to the commencement of Scheduled Downtime.

1.6             Service Guarantee” means the service usage credit that we may credit back to you following our service credit claim process under Section 3.

1.7             Service Credit” means the entire console of the Anti-DDoS system operated and maintained by Alibaba Cloud.

1.8             Time to Mitigate” means the total time required to mitigate the impact of a specific type of attack to meet the Clean Traffic Percentage, measured from the time a critical DDoS alert is generated in the System’s console when a DDoS attack is identified by the System.

2.                SERVICE LEVEL AGREEMENT

2.1 System Availability.             We shall use commercially reasonable endeavors to provide a Monthly Uptime Percentage of no less than 99.99% each month in connection with your use of the System (the “System Availability Guarantee”).   If we fail to meet the System Availability Guarantee then, subject to the terms and conditions of this SLA, you shall be entitled to claim a Service Credit rebate in accordance with Section 3 herein.

2.2 Clean Traffic Guarantee.             We shall use commercially reasonable endeavors to provide either i) the Time to Mitigate commitment, or ii) Clean Traffic Percentage commitment (the “Clean Traffic Guarantee”).   to you in connection with your use of the Service in accordance with the following table.

Attack Type Time to Mitigate Commitment Clean Traffic Percentage Commitment
SYN Flood 5 minutes 98%<
ACK Flood 5 minutes 98%<
UDP Flood 5 minutes 98%<
ICMP Flood 5 minutes 98%<
GET/POST Flood 20 minutes 95%<
DNS Flood 10 minutes 98%<

2.3 SLA.             If we fail to meet the Clean Traffic Guarantee then, subject to the terms and conditions of this SLA, you shall be entitled to claim a Service Credit rebate in accordance with Section 3 herein.

3.                CLAIMS AND PAYMENT PROCESS

3.1             3.1 If you believe that either the System Availability Guarantee or Clean Traffic Guarantee in connection with your use of the Service is not met in any month, then you may file a claim for rebate in accordance with Clause 3.2. Your claim must include at least the following information:

(a)              A detailed description of the incident;

(b)             The date, time, duration, and other relevant details of the Downtime, Time to Mitigate or Clean Traffic Percentage (as the case maybe);

(c)              If you claim is made for a breach of Clean Traffic Guarantee, a packet-capture file of at least one hour in duration must be provided and the packet-capture file should contain identifiable evidence which shows the attack traffic and clean traffic; and

(d)             Any other information that we reasonably ask you to provide to support your claim.

3.2             You must submit your claim for a Service Credit rebate within thirty (30) days of the event giving rise to the claim. Your failure to submit the claim within this time will be deemed to be an irrevocable waiver of your right to claim and receive such rebate. Once we receive your claim, we will review and evaluate your claim and may require your co-operation in conducting a joint investigation to ascertain whether the System Availability Guarantee or Clean Traffic Guarantee has been breached and if so, the cause of the failure. We will make a good faith determination if a Service Credit is to be provided to you in our sole discretion and will inform you the result as soon as reasonably practicable. We will use commercially reasonable effort to process your claim and provide the Service Credit rebate to you as early as possible.  

3.3             If we, after our good faith review of your claim, determine that a Service Credit must be provided to you, the Service Credit to be provided will be the following:

System Availability Guarantee:

Monthly Uptime Percentage Service Credit Percentage
<=99.98%<99.99% 10% of monthly Service fee
<=99.95%<99.98% 20% of monthly Service fee
<99.95% 30% of month Service Fee

Clean Traffic Guarantee:

Breach of either Time to Mitigate Commitment or Clean Traffic Percentage Commitment Service Credit Percentage
Incidents of breach occurred only 1 day in a calendar month, measuring from the first day to the last day of a calendar month, both days inclusive. One day’s Service fee
Incidents of breach occurred more than 3 days in a calendar month, measuring from the first day to the last day of the calendar month, both days inclusive 30% of monthly Service Fee

3.4             Subject to Clauses 3.1, 3.2, and 3.3, the Service Credit shall apply in the form of credit rebate of the relevant charges that you paid for the Service. The rebate may be used or applied to certain designated cloud computing services of ours (which will be informed to you from time to time).  

3.5             Under any circumstance, the total remedy for the Service in a billing month shall not exceed 30% of the total monthly service fee.

3.6             The Service Credit provided must be used within one (1) year from the date the Service Credit is made available for you to use.

3.7             You agree that any decision or determination made by us relating to your claim for any Service Credit shall be final and binding on you.  

4.                ADDITIONAL TERMS

4.1             In the event of any inconsistency between yours and our system record of the Monthly Uptime Percentage in your claim, Time to Mitigate or Clean Traffic Percentage, unless the discrepancy is caused by any material error or malfunctioning of our system, our system record shall at all times prevail and be the final and conclusive reference for calculating the Service Credits to be provided to you.

4.2             The rebates provided in this SLA are your sole and exclusive remedy for any failure in the performance of the Service and we shall not be liable to the you or any person claiming through you for any direct, indirect, consequential or incidental damages or losses or expenses whatsoever, including but not limited to, loss of profits or business and irrespective of whether the claim arises in contract, tort (including negligence), or otherwise.

4.3             We reserve the right to change the terms of this SLA anytime by posting an amended and restated version of this SLA on the Alibaba Cloud International Website. Your continued use of the service after the publication of the amended SLA shall be deemed as your acceptance of the amended SLA.

4.4             This SLA shall form part of your agreement for your purchase and use of the Service

4.5             Increased latency as well as some negative effects to legitimate traffic should be expected during a DDoS mitigation process.

4.6             All the items in this SLA would have no effect if you have used any other competing mitigation services or equipment offered by any party other than Alibaba Cloud during a mitigation process.     

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