Effective date of Agreement: January 15, 2019

Baidu AI Cloud's DDoS Protection Service ADAS IP Level Agreement ("SLA" for short) specifies the service availability level indicators of DDoS ADAS IP ("ADAS IP" for short) and compensation scheme provided by Baidu AI Cloud to customers. In particular, you are reminded that this Service Level Agreement is only applicable if you do not use any cleaning services or equipment not provided by Baidu AI Cloud. If you use any cleaning services or equipment provided by third parties while using DDoS ADAS IP service, this Service Level Agreement will not apply.

1.Indicator Definition

Service cycle: A service cycle is a natural month.
Total minutes of service cycle: Calculated based on total number of days in service cycle 24 (hours) 60 (minutes).
ADAS IP is not available: When all consecutive attempts by the customer to establish a forwarding with the designated ADAS IP fail within a certain minute, it is deemed that this listening service is unavailable within that minute. After DDoS ADAS IP is accessed, the entire service system will be composed of a series of requests forwarding system. The service of the ADAS IP is unavailable only to the unavailability of its own services and is not applicable to the availability of the entire link (such as full bandwidth and computer room malfunction of the customer's source station).
Unavailable minutes of service: Total number of minutes during which the DDoS ADAS IP is unavailable in the service period.

2.Service Availability

2.1 Service Availability Calculation Formula

2.2 Service Availability Commitment

Baidu AI Cloud's protection service promises that the availability of DDoS ADAS IP service is not less than 99.9%. If this commitment is not fulfilled, you can obtain compensation in accordance with Article 3 of this Service Level Agreement.

3.Compensation Plan

3.1 Compensation Standard

According to the customer's DDoS ADAS IP service availability ratio under a certain account of Baidu AI Cloud, the compensation amount is calculated based on the standards in the table below. The compensation method is limited to vouchers used for purchase of DDoS ADAS service, and the total compensation amount does not exceed 50% of the basic monthly fee of the DDoS ADAS service for the month.

However, no compensation will be made for the service unavailable duration due to the following reasons:
(1) Unavailable service due to a major failure of the network operator;
(2) Unavailable service due to your non-payment or arrears;
(3) Unavailable service due to the black hole of IP caused by traffic attack exceeding the DDoS ADAS IP service specification that you purchased;
(4) Unavailable service due to your failure to comply with regulations or illegal use of Baidu AI Cloud's products;
(5) Unavailable service due to problems with the source station at the backend of the DDoS ADAS IP service (such as full bandwidth, IP exposure, computer room malfunction and link network jitter of the source station)
(6) Unavailable service due to security threats or fraud or illegal acts caused by you or your end users to the service provided by Baidu AI Cloud;
(7) Unavailable service due to equipment, software or technology of you or any third party (not directly controlled by Baidu AI Cloud);
(8) Unavailable service due to your failure to configure and use the products in accordance with regulations of Baidu AI Cloud;
(9) Unavailable service due to your breach of any product terms for Baidu AI Cloud;
(10) Unavailable service due to maintenance and upgrade of network, hardware or service (Baidu will notify you by email, text message and official website notification center 3 days before planned maintenance and upgrade interruption);
(11) Unavailable service due to force majeure or emergency, etc.
( 12) Other unavailability not caused by Baidu AI Cloud.

3.2 Time Limit of Application for Compensation

The compensation application must be submitted within two months after the end of the month when Baidu AI Cloud's DDoS ADAS IP service fails to meet the service availability commitment ratio. Application for compensation beyond the time limit will not be accepted. Baidu AI Cloud receives your compensation application and initiates a compensation application check when your information is fully submitted. During the check, it may verify the relevant situation with you, and based on the verification results, it will deal with the compensation application according to this Level Service Agreement and relevant agreements.

4.Miscellaneous

(1) To the extent permitted by laws and regulations, Baidu reserves the right of final interpretation of the SLA.
(2) The SLA shall take effect as soon as it is published, Baidu AI Cloud has the right to modify the terms of this SLA. For any modification to the terms of this SLA, Baidu AI Cloud will notify you by means of website publicity or email. If you do not agree with the modification made by Baidu AI Cloud to SLA, you have the right to stop using the DDoS service. If you continue to use the DDoS service, you are deemed to have accepted the modified SLA.
(3) All notifications of Baidu AI Cloud to users under the SLA can be made through webpage announcements, messages, emails, SMS or other forms. Such notifications are deemed to have been delivered to the recipients on the date of delivery. Baidu AI Cloud shall not be held liable for any losses incurred as a result of the users' failure to learn about the service changes or termination terms of Baidu AI Cloud.
(4) The conclusion, implementation and interpretation of the SLA and the resolution of disputes shall be applicable to Chinese law and shall be governed by Chinese courts. If there is any dispute between the two parties regarding the content of the SLA or its implementation, the two parties shall try to resolve the issue through friendly negotiation. If the negotiation fails, either party may bring a lawsuit to the People's Court of Haidian District of Beijing.
(5) The SLA constitutes an entire agreement between the two parties on the matters agreed in the SLA and other related matters. Except as provided in the SLA, no other rights are granted to the parties to the SLA.
(6) If any agreement in the SLA is completely or partially invalid or not enforceable for whatever reason, the rest of the SLA is still valid and binding.
(7) For user constraint terms, please see "user's rights and obligations" in Baidu AI Cloud User Service Agreement.
(8) For the exemption clauses of service provider, please see the related provisions of "Disclaimer" in Baidu AI Cloud User Service Agreement.