DARTNODE SERVICE LEVEL AGREEMENT

Effective Date: January 1, 2025 | Last Revised: January 22, 2025

This Service Level Agreement ("SLA") sets forth the service commitments and remedies provided by Snaju Inc., doing business as DartNode ("DartNode," "Company," "we," "us," or "our"), to customers ("Customer," "you," or "your") for designated Services. This SLA is incorporated into and subject to the Terms of Service.

ARTICLE I - DEFINITIONS

Section 1.1 - Definitions. For purposes of this SLA, the following terms shall have the meanings set forth below:

1. "Covered Services" means Virtual Private Servers (VPS), Cloud Hosting, and Dedicated Servers purchased from DartNode that are subject to this SLA.
2. "Downtime" means a period during which Covered Services are unavailable or unreachable due to causes attributable to DartNode, as determined solely by DartNode.
3. "Monthly Uptime Percentage" means the total number of minutes in a calendar month minus Downtime minutes, divided by the total minutes in that month, multiplied by 100.
4. "Scheduled Maintenance" means planned maintenance activities for which DartNode provides advance notice.
5. "Service Credit" means the percentage of monthly service fees credited to Customer's account as compensation for Downtime.

ARTICLE II - UPTIME COMMITMENT

Section 2.1 - Network Uptime Guarantee. DartNode commits to maintaining a Monthly Uptime Percentage of at least ninety-nine point nine percent (99.9%) for Covered Services, excluding Scheduled Maintenance and Exclusions set forth herein.

Section 2.2 - Uptime Calculation. Monthly Uptime Percentage is calculated as follows:

Monthly Uptime % = ((Total Minutes in Month - Downtime Minutes) / Total Minutes in Month) x 100

Section 2.3 - What Constitutes Downtime. Downtime is defined as a period during which:

1. The Customer's Service and its primary assigned IP address are completely unreachable from the public internet;
2. The unreachability is due to failure of DartNode's network, hardware, or infrastructure;
3. The unreachability is verified by DartNode's monitoring systems or through reasonable investigation.

ARTICLE III - SERVICE CREDITS

Section 3.1 - Credit Schedule. If DartNode fails to meet the uptime commitment, Customer shall be entitled to Service Credits according to the following schedule:

Section 3.2 - Maximum Credit. The maximum Service Credit for any calendar month shall not exceed one hundred percent (100%) of the monthly fee for the affected Service. In no event shall Service Credits exceed the fees actually paid for the affected Service during the applicable month.

Section 3.3 - Credit Application. Service Credits:

1. Shall be applied to Customer's account as account credit;
2. May only be used toward future DartNode invoices;
3. Are not transferable, refundable, or redeemable for cash;
4. Shall expire twelve (12) months after issuance if unused;
5. Shall be forfeited upon account termination.

ARTICLE IV - CREDIT REQUEST PROCEDURE

Section 4.1 - Request Deadline. To be eligible for Service Credits, Customer must submit a credit request within twenty-four (24) hours after the Downtime incident concludes.

Section 4.2 - Request Requirements. Credit requests must include:

1. Customer's account identifier or email address;
2. Affected Service identifier (hostname, IP address, or service ID);
3. Date and time the Downtime began (with timezone);
4. Date and time the Downtime ended (with timezone);
5. Description of the impact and symptoms experienced;
6. Any supporting evidence (screenshots, logs, third-party monitoring data).

Section 4.3 - Submission Methods. Credit requests may be submitted via:

1. Support ticket through the Customer portal at app.dartnode.com;
2. Email to [email protected] with subject line "SLA Credit Request".

Section 4.4 - Verification. DartNode will review credit requests within five (5) business days. We may request additional information to verify the claim. DartNode's determination of Downtime duration and cause shall be final.

Section 4.5 - Credit Issuance. Approved Service Credits shall be applied to Customer's account within ten (10) business days of approval.

ARTICLE V - COVERED EVENTS

Section 5.1 - Qualifying Events. This SLA covers Downtime resulting from:

1. Hardware Failure: Failure of DartNode-owned or managed hardware components, including servers, storage, and networking equipment;
2. Software Failure: Failure of DartNode-managed hypervisor, operating system (host level), or virtualization platform;
3. Network Failure: Failure of DartNode's core network infrastructure, including routers, switches, and upstream connectivity;
4. Power Failure: Data center power outages affecting DartNode infrastructure;
5. Human Error: Downtime caused by DartNode personnel errors in managing infrastructure.

ARTICLE VI - EXCLUSIONS

Section 6.1 - Excluded Events. This SLA does not apply, and no Service Credits shall be issued, for Downtime or performance issues arising from:

1. Scheduled Maintenance: Planned maintenance for which DartNode provided at least forty-eight (48) hours advance notice via email, dashboard notification, or status page;
2. Emergency Maintenance: Urgent maintenance required to address security vulnerabilities, critical patches, or imminent threats to service stability;
3. Customer Actions: Downtime caused by Customer's actions, configurations, software, applications, or content;
4. Customer Non-Payment: Service suspension due to unpaid invoices or billing issues;
5. Third-Party Services: Failures of third-party services, software, or providers not controlled by DartNode;
6. External Attacks: Denial-of-service attacks, hacking attempts, or other malicious activities targeting Customer's Services, unless DartNode's mitigation efforts cause extended outage;
7. Force Majeure: Events beyond DartNode's reasonable control, including natural disasters, war, terrorism, riots, government actions, pandemics, or widespread infrastructure failures;
8. Upstream Provider Issues: Failures of upstream bandwidth providers, transit networks, or peering partners, except where DartNode fails to implement reasonable redundancy;
9. DNS Issues: Problems with Customer's domain registration, DNS configuration, or third-party DNS services;
10. Policy Violations: Downtime resulting from suspension or termination due to violation of Terms of Service or Acceptable Use Policy;
11. Beta or Preview Services: Services designated as beta, preview, or experimental;
12. Free Services: Services provided at no charge, including trial periods or promotional services;
13. Resource Exhaustion: Customer's Service exceeding allocated resources (CPU, memory, disk, bandwidth);
14. Operating System Issues: Problems within Customer's operating system, applications, or software stack.

ARTICLE VII - SCHEDULED MAINTENANCE

Section 7.1 - Maintenance Windows. DartNode performs routine maintenance to ensure optimal service performance. Standard maintenance windows are:

1. Tuesday through Thursday, 2:00 AM to 6:00 AM Central Time (US);
2. Emergency maintenance may occur at any time as necessary.

Section 7.2 - Maintenance Notification. DartNode will provide notice of scheduled maintenance:

1. Standard Maintenance: At least forty-eight (48) hours advance notice;
2. Emergency Maintenance: As much notice as reasonably practicable, which may be simultaneous with or after the maintenance begins.

Section 7.3 - Notification Methods. Maintenance notices will be communicated through one or more of the following:

1. Email to the address associated with Customer's account;
2. Dashboard notification in the Customer portal;
3. Status page at status.dartnode.com;
4. In-console notification for affected Services.

ARTICLE VIII - REMEDIES AND LIMITATIONS

Section 8.1 - Exclusive Remedy. THE SERVICE CREDITS SET FORTH IN THIS SLA CONSTITUTE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY DARTNODE TO MEET THE UPTIME COMMITMENT.

Section 8.2 - Limitation. This SLA does not:

1. Create any warranty beyond those expressly stated;
2. Modify the limitation of liability provisions in the Terms of Service;
3. Entitle Customer to any refund, only account credits as specified;
4. Apply to services terminated for non-payment or policy violations;
5. Create any obligation for DartNode to provide specific uptime for individual components.

Section 8.3 - Cumulative Outages. Multiple Downtime incidents in a single calendar month shall be aggregated for purposes of calculating Service Credits. However, total credits shall not exceed the maximum credit specified in Section 3.2.

ARTICLE IX - CREDIT DENIAL

Section 9.1 - Grounds for Denial. DartNode reserves the right to deny Service Credit requests if:

1. The request is not submitted within the twenty-four (24) hour deadline;
2. Customer's account is not in good standing (e.g., past due invoices);
3. The Downtime falls within an Exclusion category;
4. Customer is in violation of the Terms of Service or Acceptable Use Policy;
5. The claim is fraudulent, exaggerated, or not supported by evidence;
6. DartNode's investigation determines the issue was not caused by DartNode's infrastructure.

ARTICLE X - MODIFICATIONS

Section 10.1 - SLA Changes. DartNode reserves the right to modify this SLA at any time. Changes will be posted on our website with an updated "Last Revised" date.

Section 10.2 - Effective Date. Modifications shall be effective upon posting unless otherwise specified. Material changes adverse to Customer shall be effective thirty (30) days after posting.

Section 10.3 - Continued Use. Continued use of Services after modifications constitutes acceptance of the updated SLA.

ARTICLE XI - CONTACT INFORMATION

Section 11.1 - Support. For SLA credit requests or questions about this Service Level Agreement, contact:

Snaju Inc. d/b/a DartNode
Support: [email protected]
Status Page: status.dartnode.com
Phone: (281) 724-4464

BY USING DARTNODE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS SERVICE LEVEL AGREEMENT AND ACCEPT ITS TERMS.