Terms of Service Agreement for Dyn’s Carahsoft Reseller Program

Terms of Service Agreement for Dyn’s Carahsoft Reseller Program

TERMS OF SERVICE AGREEMENT

PLEASE NOTE: THIS TERMS OF SERVICE AGREEMENT (THIS “AGREEMENT”) IS A LEGALLY BINDING AGREEMENT BETWEEN THE INDIVIDUAL AND/OR ENTITY ACCESSING DYN’S SERVICES HEREUNDER (“YOU” OR THE “LICENSEE”) AND DYNAMIC NETWORK SERVICES, INC. (“DYN,” “US,” “OUR,” OR “WE”) AND GOVERNS LICENSEE’S USE OF SUCH SERVICES (THE

“SERVICES”). BY EITHER (A) SIGNING A COPY OF THIS AGREEMENT, (B) ACCEPTING THE TERMS AND CONDITIONS VIA DYN’S WEBSITE OR AN ONLINE PORTAL PROVIDED BY DYN YOU AGREE TO BE BOUND BY THE TERMS HEREOF. IF (i) YOU ARE NOT AUTHORIZED TO REPRESENT AND ENTER INTO THIS AGREEMENT ON BEHALF OF THE LICENSEE, (ii) YOU DISAGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, OR (iii) YOU ARE UNDER THE AGE OF 18, YOU MUST NOT USE THE SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT. DYN AND LICENSEE MAY EACH BE INDIVIDUALLY REFERRED TO AS A “PARTY” OR COLLECTIVELY AS THE “PARTIES”.

This Agreement includes the following Exhibits:

Exhibit A: Dyn’s Acceptable Use Policy (the “Acceptable Use Policy”)

Exhibit B: Dyn’s Privacy Policy (the “Privacy Policy”)

Exhibit C: Product Specific Terms and Conditions (the “Product Terms”)

1.Grant of Service, Restrictions.

1.1.Licensee may use the Services solely for Licensee’s internal business purposes.

1.2.Licensee agree that the Services will not be used:

(i)in a manner that violates, or in a manner that facilitates the violation of, any applicable law, rule or regulation;

(ii)in a manner that violates, or in a manner that facilitates the violation of, the rights of any third party, including, without limitation, the intellectual property or privacy rights of any third party;

(iii)in a manner that negatively affects Dyn or its systems or networks;

(iv)in a manner that negatively affects a third party’s use and enjoyment of the Services or any other services provided by Dyn;

(v)in a manner that violates the Acceptable Use Policy; or

(vi)in a manner that violates the Product Terms.

1.3.Licensee also agree to fully cooperate with Dyn in connection with its provisioning and Licensee’s use of the Services.

2.Client Credentials.

In no event will Dyn be liable for any unauthorized use or misuse of Licensee’s user name(s), password(s), or any other credentials used by Licensee to access the Services. Licensee agree not to use any password Licensee use to access and/or use the Services to access or use any non-Dyn account, products or services.

3.Ownership.

3.1. The Services. LICENSEE AGREES THAT IT HAS NO OWNERSHIP RIGHTS IN THE SERVICES

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OR ANY DOCUMENTATION ASSOCIATED THEREWITH. ALL OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS IN AND TO THE SERVICES, ANY DOCUMENTATION ASSOCIATED THEREWITH AND ANY COPY OF THE SAME MADE BY LICENSEE REMAINS WITH DYN AND/OR ITS SERVICE PROVIDERS.

3.2.Client Content. Licensee acknowledges and agrees that Dyn does not exercise any control over any data, information or other content that Licensee and/or Licensee’s end users upload to Dyn’s systems or networks or otherwise transmit to Dyn or its systems or networks (“Client Content”), and that Licensee are solely responsible for Client Content. Furthermore, Licensee acknowledges and agrees that Dyn will have no liability or responsibility for any Client Content.

3.3.Performance Data. Dyn shall exclusively own all right, title, and interest to data produced by Dyn’s systems and networks in the course of the delivery of the Services to Licensee and Licensee’s end users. For the avoidance of doubt, such performance data shall not include Client Content.

4.Confidentiality.

4.1.Definition of Confidential Information: “Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, but is not limited to, trade secrets, object and source code, know-how, proposed products and services, research and development, business forecasts, finances and customer lists. However, Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party without the use of the Receiving Party’s Confidential Information.

4.2.Protection of Confidential Information. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) (i) not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its and its affiliates’ agents, employees and contractors who need that access for purposes consistent with this Agreement and who are bound by a duty of confidentiality that is no less stringent than that which is established by this Section 4 (Confidentiality).

4.3.Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to that Confidential Information.

5.Privacy Policy. Licensee hereby agrees to the terms of, and expressly consents to the collection and use of personal data/personal information in accordance with, the Privacy Policy.

7.Acceptable Use Policy. Licensee agree that Licensee and Licensee’s Users shall at all times comply with the terms of the Acceptable Use Policy.

8.DISCLAIMER OF WARRANTIES.

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8.1.EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, DYN DOES NOT MAKE ANY ADDITIONAL PROMISES, EITHER EXPRESS OR IMPLIED, REGARDING DYN’S PERFOMANCE UNDER THIS AGREEMENT. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND DYN DOES NOT GUARANTEE THAT THE SERVICES WILL BE FREE OF ANY MATERIAL FUALTS, INTERUPTION OR UNAVAILABILITY.

8.2.TO THE MAXIMUM EXTENT PERMITTED BY LAW, DYN HEREBY DISCLAIMS ALL WARRANTIES, BOTH EXPRESSED AND IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT.

8.3.WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LICENSEE ACKNOWLEDGES THAT THE INTERNET CONSISTS OF MULTIPLE INTERCONNECTED NETWORKS THAT ARE INDEPENDENTLY OWNED AND NOT SUBJECT TO DYN’S CONTROL, AND THAT DYN DOES NOT WARRANT THE SERVICES AGAINST FAILURE, MALFUNCTION, OR CESSATION OF INTERNET SERVICES OR CONNECTIVITY BY INTERNET SERVICE PROVIDERS OR ANY OF THE NETWORKS THAT MAKE UP THE INTERNET THAT MAY MAKE THE SERVICES TEMPORARILY OR PERMANENTLY UNAVAILABLE.

8.4.NOTWITHSTANDING ANYTHING SET FORTH IN THE PRODUCT TERMS, LICENSEE’S SOLE AND EXCLUSIVE REMEDIES FOR A FAILURE TO PROVIDE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, A FAILURE TO MEET ANY SERVICE LEVEL SET FORTH IN ANY APPLICABLE PRODUCT TERMS AND A FAILURE OF THE SERVICES TO CONFORM TO THE DESCRIPTIONS SET FORTH THEREIN) SHALL BE LIMITED TO SUCH REMEDIES AS MAY BE PROVIDED TO LICENSEE BY THE RESELLER OF DYN’S SERVICES THROUGH WHICH SUCH SERVICES WERE PURCHASED BY LICENSEE. DYN IS NOT DIRECTLY LIABLE TO LICENSEE FOR ANY SUCH FAILURE.

9.LIMITATION OF LIABILITIES.

9.1.LIMITATION OF LIABILITY FOR SPECIFIC TYPES OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY AGREES THAT THE OTHER PARTY AND ITS EMPLOYEES WILL NOT BE LIABLE TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES REGARDLESS OF WHETHER SUCH LOSSES OR DAMAGES ARISE FROM A BREACH OF CONTRACT OR SUCH PARTY’S OR ITS EMPLOYEES’ NEGLIGENCE.

9.2.GENERAL LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DYN’S AND ITS EMPLOYEES’ TOTAL LIABILITY ARISING FROM THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CLAIMS ARISING FROM SUCH PARTY’S AND/OR ITS EMPLOYEES’ NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY LICENSEE FOR THE SERVICES PROVIDED HEREUNDER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEEDING THE DATE ON WHICH THE CLAIM AT ISSUE ACCRUED.

9.3.MISCELLANEOUS. THE LIMITATIONS SET FORTH IN THIS SECTION 9 APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE. LICENSEE ACKNOWLEDGES AND AGREES THAT THIS SECTION 9 REPRESENTS A REASONABLE ALLOCATION OF RISK AND THAT, IN THE ABSENCE OF THESE LIMITATIONS OF LIABILITY, THE TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. THE PARTIES ACKNOWLEDGE AND AGREE THAT LIMITATION OF LIABILITY REFERRED TO IN THIS SECTION 9 WILL NOT APPLY TO A PARTY TO THE EXTENT THE LIABILITY IS CAUSED OR CONTRIBUTED

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TO BY THE FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF A PARTY.

10. Term, Termination.

The term of this Agreement shall commence upon Licensee’s acceptance of the terms and conditions of this Agreement and shall expire upon the occurrence of any one of the following events: (i) the expiration or termination of the agreement entered into between Dyn and the reseller pertaining to the resale and provisioning of the Services, (ii) the expiration or termination of the agreement entered into by and between Licensee and the reseller pertaining to the resale and/or use of the Services, or (iii) the termination of this Agreement in accordance with the terms and conditions set forth herein. In addition to any other rights or remedies that Dyn may have, Dyn may immediately terminate this Agreement and/or suspend or terminate Licensee’s right to use the Services in the event that Licensee breaches the terms of this Agreement, including the Acceptable Use Policy.

11. United States Government End Users.

The Software and any associated documentation are “Commercial Item(s),” as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§ 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Licensee agree that when Licensee license the Software for acquisition by the U.S. Government, or any sub-unit or contractor therefore, Licensee will license it consistent with the policies set forth in 48 C.F.R. Section 12.212 (for civilian agencies) and 48 C.F.R. §§ 227-7202-1 and 227-7202-4 (for the Department of Defense).

12. Export Compliance.

Licensee will comply with all applicable export control and economic sanctions laws and regulations of the United States and other governments in the performance of this Agreement and in the import, export, re-export, shipment, transfer, use, operation, maintenance, or repair of the Services and any related technical data and services.

13. Relationship of the Parties.

The performance by Dyn of its duties and obligations under this Agreement shall be that of an independent contractor, and nothing in this Agreement shall create or imply an agency relationship between the Parties, nor will the Agreement be deemed to constitute a joint venture or partnership between the Parties. LICENSEE IS NOT AN AGENT OF DYN, AND LICENSEE AGREES THAT (i) DYN SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF SITECORE AND (II) SITECORE SHALL NOT BE LIABLE FOR ANY ACT OR OMISSION OF DYN.

14.Governing Law. The Agreement and all agreements associated herewith shall be governed in all respects by the laws of the State of New Hampshire without regard to its conflict of laws principles, and all claims and/or lawsuits in connection with this Agreement, an Order, and/or any associated agreements must be brought in any state or federal court located in the State of New Hampshire, and the Parties hereby irrevocably submit to the jurisdiction and venue of any such court.

15.Severability.

If any provision of this Agreement is determined by a court to be invalid, illegal, or unenforceable, such

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determination shall not impair or affect the validity, legality, or enforceability of the remaining provisions of the relevant agreement, and each provision, or portion thereto, is hereby declared to be separate, severable, and distinct and the Parties shall use their best efforts to agree upon a substitute provision that comports as closely as possible with the intent and effect of the stricken provision, failing which the court shall construe the relevant agreement to as closely as possible achieve the intention of the parties had the stricken provision remained.

16. Assignment.

Licensee may not assign any of Licensee’s rights or obligations under this Agreement absent Dyn’s prior written consent. Any assignment of such rights or obligations in violation of this Agreement shall be null and void. Any valid assignment of Licensee’s rights and obligations under this Agreement shall not relieve Licensee of any obligations or liabilities which arise prior to or on the date of such assignment.

17. Entire Agreement and Waiver.

This Agreement is the complete and exclusive statement of the agreement between the Parties with respect to the subject matter of this Agreement, and this Agreement supersedes any proposal or prior agreement, oral or written, and any other communications between the Parties in relation to the subject matter of this Agreement.

Exhibits:

Exhibit A: Acceptable Use Policy

Exhibit B: Privacy Policy

Exhibit C: Product Terms

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EXHIBIT A

TO TERMS OF SERVICE AGRREEMENT

ACCEPTABLE USE POLICY

This Acceptable Use Policy (“AUP”) describes the prohibited uses of Dyn’s network, systems, and Services. This AUP applies to all Authorized Users of the Services and is incorporated by reference into the applicable Agreement between Client and Dyn. Capitalized terms used herein, but undefined will have the meaning given to such term in the Agreement. The term “You” refers to the individual or legal entity, as applicable, identified as the Client and/or Authorized User when you submitted an Order and registered on Dyn’s websites. THIS AUP SHALL APPLY EQUALLY TO CLIENT AND CLIENT’S PERMITTED AUTHORIZED USERS, AND CLIENT SHALL ENSURE ITS PERMITTED AUTHORIZED USERS COMPLY WITH THIS POLICY. IF YOU DO NOT AGREE TO BE BOUND BY THIS AUP OR THE AGREEMENT YOU ARE NOT PERMITTED TO ACCESS OR USE THE SERVICES.

1.No Infringing, Illegal, Threatening, Defamatory, and Offensive Uses. You shall not use the Services to violate any applicable laws, rules, or regulations issued or promulgated by any competent government authority. Without limiting the foregoing, You shall not use the Services for, or in connection with, the following: (a) theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property or proprietary information; (b) fraud, forgery, or theft or misappropriation of funds, credit cards, or personal information; (c) export, re-export, or transfer of restricted software, algorithms, or other data in violation of applicable export control laws;

(d)deceptive practices such as posing as another service for the purposes of phishing or pharming; (e) distributing any materials of a threatening or harmful nature, including, without limitation, threats of death or physical harm, or materials that are malicious, harassing, libelous, defamatory, which harm Dyn’s reputation, or which facilitate extortion; or (f) distributing any offensive materials, including, without limitation, materials that are obscene, constitute illegal pornography, indecent, or hateful and materials which promote illegal gambling or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

2.Security and Interference. You shall not use the Services to violate, attempt to violate, or knowingly facilitate the violation of the security or integrity of any network, electronic service, or other system that is accessible through, or in connection with, the Services. You shall not use the Services in a manner that interferes with any other party’s ability to use and enjoy the Services, that interferes with Dyn’s ability to provide the Services, or that otherwise may create legal liability for Dyn in Dyn’s sole discretion. You shall not use the Services to violate the acceptable use policy or terms of service of any other service provider, including, without limitation, any Internet service provider or domain name registry. Without limiting the foregoing, You shall not use the Services for, or in connection with, the following:

(a)hacking, cracking into, or otherwise using the non-public areas of the Services or any other system without authorization; (b) unauthorized probes or port scans for vulnerabilities; (c) unauthorized penetration tests, traffic that circumvents authentication systems or other unauthorized attempts to gain entry into any system; (d) web crawling which is not restricted to a rate so as not to impair or otherwise disrupt the servers being crawled; (e) unauthorized network monitoring or packet capture; (f) forged or non-standard protocol headers, such as altering source addresses; (g) flooding; (h) Denial of Service (DoS) attacks of any kind; (j) distributing unauthorized data, malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code; (k) operating network Services such as: open proxies; open mail relays; or open, recursive domain name servers; (l) use that is beyond commercially reasonable limits and that negatively impacts Dyn’s ability to provide the Services; or (m) sharing or publishing content from the Services to cause, or have the consequence of causing, the user of the content to be in violation of the terms and this AUP.

3.Spam. You shall not use the Services for purposes of distributing “spam” emails, bulk unsolicited instant messages, or any other form of unsolicited electronic communications distributed on a bulk basis to recipients with which You have no preexisting business or personal relationship. Additionally, You shall not use the Services to collect responses from spam. You shall not harvest, collect, gather, or assemble information or data of users, including, but not limited to, email addresses, without their consent. Without limiting the foregoing, You shall not use the Services for, or in connection with, the following: (a) sending pyramid schemes; (b) sending chain letters; (c) sending any mail in contravention of the CAN SPAM Act of 2003, Canada’s Anti-Spam Legislation (CASL), or any other applicable state or federal laws and regulations; (d) to send email to address lists obtained from third-parties, whether such lists were rented, purchased or otherwise obtained; or (e) altering or obscuring email headers or assuming the identity of a sender without the explicit permission of that sender.

4.Export Control Policy. Export control and economic sanctions laws in the United States prohibit or restrict unlicensed transactions with certain parties identified in lists published by government agencies. In addition, many countries maintain trade sanctions and embargo programs against specific countries, such that unlicensed transactions involving those embargoed countries are prohibited or restricted. In order to comply with these and other legal requirements, it is Dyn general policy that Dyn does not do business with or otherwise engage with customers in the following geographic areas: Cuba, Iran, North Korea, Syria, Sudan, and the Crimea region of Russia. Additionally, Dyn does not do business with or otherwise engage in or facilitate transactions involving individuals or entities that are subject to sanctions or other applicable trade control restrictions, including, but not limited to, parties listed on the Specially Designated Nationals (SDN) maintained by the U.S. Department of the Treasury. By using the Services You represent and agree that You are not located in a prohibited geographic area nor are You subject to sanctions or applicable trade control restrictions.

5.Violations. If You become aware of any violation of this AUP You shall promptly report such violation to Dyn.

6.Rights and Remedies. Dyn, in its sole reasonable discretion, will determine whether conduct fails to conform to the terms and conditions of this AUP. If Your conduct fails to conform to the terms and conditions of this AUP in a fashion that negatively impacts Dyn or its systems or networks, or such that continued provision of the Services violates the law, Dyn may immediately suspend the Services and/or any Order. Dyn may further, in its sole discretion, terminate the Services and/or any Order if the conduct giving rise to the suspension is either i) willful or malicious, or ii) if not willful or malicious, not cured within a reasonable period of time after notice of the

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suspension is provided. Dyn may also intercept, block, or black hole Your data or traffic if Your conduct fails to conform to this AUP. Dyn may cooperate with legal authorities or other appropriate third parties in connection with any investigation of illegal conduct violating this AUP.

7.Changes to this Policy. We reserve the right to modify this AUP from time to time. We will post any changes to this AUP on this page and, if the changes are significant, we will provide a more prominent notice, which may include posting notice of such changes on Dyn’s home page or designated status page. Your continued use of the Services constitutes an acknowledgement of the terms of the then current AUP and an agreement to follow and be bound by the same. The foregoing provisions of this Section 7 shall not apply to the extent the Federal Acquisition Regulation prohibits the application of such provisions with respect to a particular U.S. government user.

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EXHIBIT B

TO TERMS OF SERVICE AGREEMENT

PRIVACY POLICY

Dynamic Network Services, Inc. (“Dyn,” “Us,” or “We”) is committed to protecting the privacy of the users of the www.dyn.com and other Dyn website that reference this Privacy Policy (collectively, the “Sites”) and the services offered through the Sites (the “Services”).

This Privacy Policy describes Dyn’s practices regarding the collection, use and disclosure of Personal Information collected from you through your use of our Sites and Services. It does not apply to Dyn sites, services and products that do not display or link to this statement or that have their own privacy statements.

At this point, you are probably asking, “what is Personal Information?”. “Personal Information” is information provided by you to Dyn which personally identifies an individual, such as your name, home address, personal email address or telephone number, or other data which can be reasonably linked to such information by Dyn.

I. COLLECTION AND USE OF PERSONAL INFORMATION GENERALLY

We collect Personal Information from the users of our Site and Services. We will not sell, share, transfer, or use the Personal Information we collect from you other than as stated in this Privacy Policy.

II. INFORMATION YOU GIVE TO US

When you visit or use our websites or interact with Dyn, there are times when Dyn will ask you to provide us with your Personal Information. For example, when registering for a new account on our website, we will prompt you to provide us with your name, physical address, email address and phone number. There are also instances in which you may elect to provide us with Personal Information when you use our Sites or interact with Dyn. For example, you may provide Dyn with your Personal Information when you send email using Dyn’s email delivery services or when you contact Dyn’s technical support team.

III. INFORMATION WE AUTOMATICALLY COLLECT FROM YOU

While visiting our Sites or using our Services, we may automatically collect Personal Information from you through the use of cookies and other mechanisms. For example, when you visit Dyn’s website, we automatically collect device identifiers (e.g., device model, operating system, browser version, and other data that may be used to identify a device), IP addresses, device configurations, browser history, and geographic location data.

IV. USE AND DISCLOSURE OF PERSONAL INFORMATION

Dyn uses your information for a variety of purposes related to its provisioning, maintenance and improvement of the Services, and the development of new services. For example, Dyn uses your Personal Information to administer your account, provide technical support and to communicate with you about your account, the Services and other exciting news about Dyn.

Except as provided above, Dyn will not use your Personal Information, nor will it share your Personal Information with companies, organizations or individuals outside of Dyn, unless one of the following circumstances apply:

With your consent:

We may use and share Personal Information with companies, organizations or individuals outside of Dyn when we have your express consent to do so. For example, you may enter into an agreement with Dyn that permits Dyn to use or disclose Personal Information under circumstances other than those described in this Privacy Policy.

For internal use, research and product development:

We may use your Personal Information for our internal use, research and product development. For domain registration:

When you use Dyn’s domain name registration services, we are required to disclose your Personal Information in accordance with the RAA and ICANN policies. Please see Section VIII for more information regarding our treatment of Personal Information in connection with our domain name registration services.

For external processing:

We provide personal information to our affiliates or other trusted businesses or persons to process it for us based on our instructions or other appropriate confidentiality and security measures.

To detect, prevent or otherwise address fraud, security or other legal related issues:

We will share personal information with companies, organizations or individuals outside of Dyn if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

meet any applicable law, regulation, legal process or enforceable governmental request.

enforce applicable Terms of Service, including investigation of potential violations.

detect, prevent, or otherwise address fraud, security or technical issues.

protect against harm to the rights, property or safety of Dyn, our users, third parties or the public as required or permitted by law.

For example, we share device-identifying information, which may consist of Personal Information, to iovation, Inc., a trusted partner that specializes in fraud prevention services, for the purposes of combating fraudulent purchases on our Sites and other fraudulent activities on the Internet.

If Dyn is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any Personal Information and give affected users notice before Personal Information is transferred or becomes subject to a different privacy policy.

Dyn has established a global network presence and may process Personal Information on our servers in many countries around the world. You agree that we may process Personal Information on a server located outside the country where you reside.

Dyn will not sell or license your Personal Information to a third party for that third party’s own direct marketing purposes.

VI. COOKIES AND SIMILAR TECHNOLOGY

“Cookies” include commonly used pieces of information in the form of small files that are placed on an individual’s computer hard drive to enable the individual to more easily communicate and interact with the Sites and Services. We may use cookies on the site or in communications sent through the Services for various purposes, including by way of example:

Saving user preferences;

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Customizing content of the Site for individual users;

Ensuring that users are not repeatedly sent the same banner ads;

Recording session information;

Fraud prevention;

Saving certain information about users of the Sites and others who visit the Sites; and

Facilitating and enhancing interaction with the Sites.

“Web beacons” (also known as “single-pixel” or “clear” GIFs) include electronic images imbedded in the Site or in communications sent through the Services which are invisible to users. Web beacons collect information, such as identifiers, time and date of access, and descriptions of the pages or communications in which the web beacons are imbedded. The Site and communications sent through the Services may include web beacons. We may use the web beacons on the Site and in communications sent through the Services for various purposes, including by way of example to track users who have visited our Site, viewed advertisements on the Site or in communications sent through the Services, or otherwise accessed communications sent through the Services.

We may use an outside advertisement serving company to display advertisements on the Site or in communications sent through the Services. The advertisement serving company may place and collect cookies or web beacons when it displays an advertisement on the Site or through the Services. We do not have access to information that would confirm the use of cookies or web beacons by the advertisement serving company. We may also use a third party provider to analyze data and patterns regarding usage of the Site and the communications sent through Services. This third party provider may use cookies or web beacons to collect such information.

Most browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You may also be able to refuse certain web beacons by adjusting the settings on your browser or email software. Please refer to your browser or email software instructions or help screen to learn more about these functions.

VII. SAFE HARBOR PROGRAM

Dyn complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. Dyn has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Dyn’s certification, please visit http://www.export.gov/safeharbor/. In compliance with the US-EU and US-Swiss Safe Harbor Principles, we endeavor to resolve all complaints about privacy and the collection or use of customer information. If you have questions about our participation in the Safe Harbor program or have a complaint, please send an email to privacy@dyn.com.

VIII. DOMAIN REGISTRATION

In order to provide domain registration services, Dyn is required to be an ICANN accredited registrar. As an ICANN accredited registrar, Dyn is required to share, process and maintain Personal Information of customers of its domain registration services in accordance with the ICANN Registrar Accreditation Agreement (as amended from time to time) (“RAA”) and policies related to the domain name registration services provided by Dyn. By using Dyn’s domain name registration services, you agree that Dyn may use, share, transfer, process and retain any Personal Information provided to Dyn in connection with such services in accordance with the version RAA by which Dyn is bound and any applicable ICANN policies. For more information regarding the RAA and ICANN policies, you contact Dyn or

visit www.icann.org. Please note that Dyn is currently bound by the terms and conditions of the 2009 RAA; however, effective on or about December 15, 2014, Dyn will be bound by the terms and conditions of the 2013 RAA.

IX. SECURITY

Dyn has implemented policies that include administrative, technical, and physical safeguards designed to help protect Personal Information against unauthorized access, use, or disclosure. While Dyn strives to protect your privacy, due to many reasons, including the inherent security flaws in the Internet, Dyn cannot guarantee the security of any information you disclose to us and, as such, you agree that your disclosure of such information is at your own risk.

X. INFORMATION PROCESSED BY DYN’S CLIENTS

Our clients may provide us with Personal Information belonging to their customers or other third parties in connection with their use of our services. Dyn does not control the content or nature of the information processed by our Client’s in connection with their use of our services. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate Personal Information processed by one of our Clients should direct his query to the Client (the data controller) directly.

XI. ACCESS, REVIEW AND UPDATE PERSONAL INFORMATION

Should you wish to access, amend, correct, or delete any of Personal Information which you have provided to us, please

contact privacy@dyn.com, and Dyn will use commercially reasonable efforts to respond to such requests within thirty days. Please note that your ability to use, and Dyn’s ability to provide, the Services may depend upon the use of your Personal Information. As such, you agree that Dyn will not be liable for any inability to provide all or a portion of the Services that may result from Dyn’s compliance with any request to amend, correct or delete any of your Personal Information.

XII. UNSUBSCRIBE

If you no longer wish to receive Newsletters, Support Related Emails or other promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter, by going to https://account.dyn.com/profile/mailinglist.html or emailing privacy@dyn.com. In order to ensure the integrity, security and operation of our systems and networks, we do not allow you to unsubscribe from Service Notices.

XIII. CHANGES TO PRIVACY POLICY

We reserve the right to modify this Privacy Policy from time to time. We will post any changes to this Privacy Policy on this page and, if the changes are significant, we will provide a more prominent notice, which may include sending notice to you by email or posting notice of such changes on the home page of each Site.

XIV. CONTACT INFORMATION

If you have any questions regarding this Privacy Policy, Dyn may be contacted at: By email:

privacy@dyn.com

Terms of Service Agreement – CARAHSOFT RESELLER PROGRAM v.1.1

By mail:

Dynamic Network Services, Inc. 150 Dow Street

Manchester, NH 03101

Terms of Service Agreement – CARAHSOFT RESELLER PROGRAM v.1.1

EXHIBIT C

TO TERMS OF SERVICE AGREEMENT

PRODUCT TERMS

(Attached.)

Terms of Service Agreement – CARAHSOFT RESELLER PROGRAM v.1.1

PRODUCT SPECIFIC TERMS AND CONDITIONS

DYN DNS SERVICES

1.INTRODUCTION.

These Product Specific Terms and Conditions (these “Product Terms”) are entered into by and between Dyn and Client, and are incorporated into the Agreement entered into by and between the same. Capitalized terms not defined herein shall have the same meaning ascribed to them in the Agreement (as such term is defined in the Master Services Agreement located at dyn.com/legal/enterprise-legal-terms).

2.GENERAL DEFINITIONS.

2.1.Credit’ shall mean a dollar value equal to one three hundred and sixty fifth (1/365th) of the annualized amount of the monthly recurring fee due from Client under the applicable Order for the affected Managed DNS services.

2.2.Dynamic DNS’ means update system services enabling the automatic update of the Dynamic IP Address associated with a hostname.

2.3.Dynamic IP Address’ means an IP Address that does not remain the same over time.

2.4.Emergency Maintenance’ means maintenance that Dyn deems, in its sole discretion, necessary to remedy or prevent defects in Dyn’s systems or networks that are affecting or may imminently affect the quality of the Services.

2.5.NI’ or ‘Nameserver Infrastructure’ shall mean the group of Dyn controlled systems (servers, hardware, and associated software) that are responsible for delivering the Dyn DNS Services.

2.6.Outage’ individually and collectively refers to NI Outage, PI Outage, Propagation Outage and Support Outage.

2.7.PI’ or ‘Peripheral Infrastructure’, shall mean the application protocol interfaces, zone transfer mechanisms, update systems, and other Client-accessible data access or manipulation methods provided by Dyn to Client for use in connection with the Dyn Managed DNS Services.

2.8.Propagation Latency’ means the measure of the time elapsed between the receipt of Updated Records from Client and the propagation of those Updated Records to all active nodes in the NI that have been assigned by Dyn to resolve DNS queries on behalf of Client.

2.9.QPS’ means the average number of DNS queries received by the Nameserver Infrastructure during one second of service regardless of whether the record type is defined within the DNS zone.

2.10.Query Logs’ means data generated by the NI upon its receipt of DNS queries.

2.11.Resource Record’ means the manner of storing particular data concerning a DNS zone or host (e.g., A- Record, AAAA Record, and CNAME).

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DYN DNS SERVICES V.3.3 (EFFECTIVE JULY 14, 2016)

2.12.Scheduled Maintenance’ means maintenance and/or upgrades to Dyn’s systems or networks conducted

(i) within Dyn’s regular maintenance windows or (ii) no less than forty-eight hours of receiving electronic notice from Dyn of such maintenance and/or upgrades, which such notice may be provided via web-posting on dynstatus.com or such other website that Dyn may designate from time-to-time.

2.13.Updated Records’ means a complete, updated set of resource records received by Dyn for one or more properly delegated Client Zones that are the subject of a DNS NOTIFY request received by Dyn.

2.14.Usage Component’ means any component of the Dyn Managed DNS Services that is offered on a per unit basis, which includes, but is not limited to, QPS, domains, Resource Records, and hostnames.

3.DYN DNS SERVICES

3.1.Dyn’s DNS Services. “Dyn DNS Services” refers to authoritative DNS services provided by Dyn whereby assigned portion(s) of the Nameserver Infrastructure respond to DNS queries on Client’s behalf. Dyn DNS Services include Remote Access, Standard DNS, Managed DNS, and Secondary DNS as well as all related technical support services and purchased add-on services described below.

3.2.Add-On Services for Managed DNS: The following add-on services are for Managed DNS only, and are purchased separately from, but for use solely in conjunction with, Managed DNS. For the avoidance of doubt, these services may not be purchased and used with Remote Access, Standard DNS, or Secondary DNS.

3.2.1.Traffic Director. On a per hostname basis, Dyn will allow Client to configure Dyn’s responses to DNS queries received on the NI for the applicable hostname using a variety of traffic management methodologies, which may include the following:

(i)High Availability: High Availability is a traffic management methodology whereby DNS queries received on the NI for the applicable hostname are responded to using a Client designated, default resource, unless that default resource is unavailable; in which case, such queries will be responded to using an alternate Client designated resource.

(ii)Ratio Load Balancing: Ratio Load Balancing is a traffic management methodology whereby DNS queries received on the NI for the applicable hostname are responded to using Client designated Resource Records and supported, response-ratio configurations made by Client in the Dyn web-based management portal and/or the Dyn API.

(iii)Geolocation Load Balancing: Geolocation Load Balancing is a traffic management methodology whereby responses to DNS queries for the applicable hostname received on the NI will be based on

(a) the geographic region from where Dyn believes the DNS queries to have originated and (b) Client designated resources for said geographic region. Dyn determines the geographic origin of DNS queries based on third party mapping and sourcing technology, and as such, Dyn does not make any representations or warranties regarding the accuracy of such determinations.

3.2.2.Query Log Delivery. Dyn will periodically provide Client with query logs generated as a result of Client’s and its end users’ use of Managed DNS under the applicable Order (“Client Query Logs”), and Dyn will grant Client a non-exclusive, non-sub-licensable right to use Client Query Logs provided by Dyn to Client, but solely for Client’s internal business purposes.

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3.2.3.Private Pool with Vanity Nameservers. Dyn will provide Client with a set of up to four (4) of nameserver hostnames and corresponding IP addresses that will be solely reserved for the use by Client in connection with and throughout the term of the applicable Order. The nameserver hostnames may be designated by Dyn or by Client; however, the corresponding IP addresses shall be designated by Dyn, and Dyn reserves the right to modify said IP addresses from time to time, in its sole discretion.

3.2.4.Bulk Hosting. Dyn will provide Client with a significantly increased number of domains, with actual amounts to be specified in the Order. Client will incur no overage fees for excess usage of domains associated with the Bulk Hosting service for the first Term following its purchase, provided that in any subsequent Term, if Client exceeds the specified Bulk Hosting domains allotment by an amount equal to or greater than 5%, Dyn reserves the right to charge the stated overage fees for domains at a rate specified in the Order, or if not specified in the Order, of either $0.15/domain (for Bulk Hosting of fewer than 1 million domains) or $0.10/domain (for Bulk Hosting equal to or greater than 1 million domains).

3.2.5.QuickStart Implementation. Dyn will provide training and implementation assistance to Client for up to the specified period of time and up to the number of Client representatives set forth in the applicable Order; however, if the Order does not specify the duration of the QuickStart training and implementation assistance or the number of Client representatives that are permitted to receive such assistance, then the duration and/or number of permitted Client representatives shall be determined by Dyn, in its reasonable discretion. If Dyn agrees, in its sole discretion, to perform such training onsite, Client shall reimburse Dyn for all travel expenses incurred by Dyn in connection with such onsite training. If purchased, Client must utilize the purchased QuickStart services within sixty (60) days of the applicable Order’s effective date.

3.2.6.Onsite/Remote Training. Dyn will provide training regarding Managed DNS services for the specified period of time and the specified number of Client representatives set forth in the applicable Order; however, if the Order does not specify the duration of the training assistance or the number of Client representatives that are permitted to receive the training assistance, then the duration and number of permitted Client representatives shall be determined by Dyn, in its reasonable discretion. If Dyn agrees, in its sole discretion, to provide onsite training assistance to Client, Client shall reimburse Dyn for all travel expenses incurred by Dyn in connection said training. If purchased, Client must utilize the purchased Onsite/Remote Training services within sixty (60) days of the applicable Order’s effective date.

4.EXCESS USAGE, USAGE CALCULATION.

4.1.Excess Usage for Managed DNS. If Client exceeds the limits for any applicable Usage Component specified in an Order for Managed DNS, then Client shall incur additional monthly charges for such excess usage in accordance with the terms of the Agreement and at the rates specified in the applicable Order. If there is not a specified usage limitation for a particular Usage Component, then the usage limitation for that Usage Component shall be deemed to be zero (0), any use of such Usage Component shall be deemed to be excess usage, and Client will incur additional monthly charges (i.e., overage fees) for such excess usage in accordance with the terms of the Agreement and at the rates specified in the applicable Order. Notwithstanding the foregoing, if the applicable Order does not specify the rates (i.e., the additional

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monthly charge) that are to apply to such excess usage, then the rates for such excess usage shall be Dyn’s then current list overage fees, which may be provided upon written request.

4.2.Excess Usage for Secondary DNS. If Client exceeds 20 QPS in any monthly usage cycle in connection with Secondary DNS, then Client may incur additional monthly charges at Dyn’s then current list overage fees, which may be provided upon written request.

4.3.QPS Usage Calculations. For Managed DNS and Secondary DNS, Dyn calculates QPS usage using the 95th percentile billing method.

5.DISCLAIMERS.

THE SERVICES DESCRIBED HEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE”. DYN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES DESCRIBED HEREIN, INCLUDING ANY WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. EXCEPT TO THE EXTENT PERMITTED BY LAW, DYN DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

6.SERVICE LEVELS

6.1.Applicability of Service Levels.

Dyn offers the following service levels and features in connection with its Managed DNS and Secondary DNS and Gold Support and Platinum Support packages:

 

 

NI Outage

PI Outage

Support

Priority

Propagation

 

 

SLA

SLA

Outage

Queuing*

Outage

 

 

 

 

SLA

 

SLA

Managed

DNS/Secondary DNS

√√

√√

 

 

 

 

 

 

 

 

 

 

Managed

DNS/Secondary DNS

√√

√√

√√

√√

 

with Gold Support

 

 

 

 

 

 

Managed

DNS/Secondary DNS

√√

√√

√√

√√

√√

with Platinum Support

 

 

 

 

 

*See Section 7 (Technical Support) for more information regarding priority technical support queuing.

6.2.Service Levels Defined.

6.2.1.‘NI Outage’ shall mean:

(a)For Managed DNS (excluding Bulk Hosting), a period when the Dyn NI fails to respond to DNS queries for more than thirty (30) consecutive seconds, or

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(b)For Managed DNS (excluding Bulk Hosting) with Gold or Platinum Support, a period when the Dyn NI fails to respond to DNS queries for more than fifteen (15) consecutive seconds.

(c)For Bulk Hosting with Gold or Platinum Support, a period when the Dyn NI fails to respond to DNS queries for more than fifteen (15) consecutive minutes.

6.2.2.‘PI Outage’ shall mean:

(a)For Managed DNS (including Bulk Hosting), a period when the Dyn PI is unavailable for more than six (6) hours out of any thirty (30) day period, or

(b)For Managed DNS (including Bulk Hosting) with Gold or Platinum Support, a period when the Dyn PI is unavailable for more than four (4) hours out of any thirty (30) day period.

6.2.3.“Support Outage” shall mean a failure by Dyn to respond to a properly submitted Gold or Platinum Support ticket, whichever the case may be, within the amount of time specified in Section 7 (Technical Support) below.

6.2.4.‘Propagation Outage’ means a failure by Dyn to achieve an average (i.e., mean) Propagation Latency of fifteen (15) minutes in any given month.

6.3.Exclusion from Outages.

Notwithstanding any other term in herein, any errors, delays, downtime or unavailability of the services resulting from one or more of the Exclusions shall be excluded from the calculus for determining whether an Outage occurred, and an Outage shall not be deemed to have occurred where any errors, delays, downtime or unavailability results from one or more of the Exclusions.

The term “Exclusions” refers to the following acts, omissions, event and circumstances: (i) the suspension and/or termination of the Services as described in the MSA and/or the AUP; (ii) any actions or inactions of you or any third party; (iii) Client’s or its representatives’ or end users’ failure to comply with the terms and conditions of this Agreement, (iv) any failure to comply with the usage limits set forth in the applicable Order;

(v)any inaccurate or insufficient information or configurations provided or set by Client or its representative(s) or Authorized Users; (vi) Client’s or its representatives’ or end users’ failure to use all four DNS nameserver hostnames provided by Dyn; (vii) any misuse of the Services; (viii) any errors, delays, downtime or unavailability resulting from any Client or third-party equipment, application programing, software, systems or networks; (ix) any network unavailability outside of the NI or PI; (x) any malicious acts by a third party against Client or against its end users, agents or suppliers; (xi) with regards to Support Outage, Client attempts to contact/submit a support ticket to Dyn outside of the specified support hours; (xii) Scheduled Maintenance or Emergency Maintenance; (xiii) any acts of terrorism, cyber terrorism or God, or any other event of force majeure; or (xiv) any other events or circumstances that are outside of Dyn’s reasonable control (collectively, the “Exclusions”).

6.4.Notification, Determination & Credits.

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6.4.1.Notification of Potential Outage Event. When Client becomes aware of a potential Outage, Client shall open a support ticket in Dyn’s support ticket system as soon as is practicable, but in no case more than five (5) calendar days after the event.

6.4.2.Determination Regarding Existence of Outage Event. Dyn, based upon its records and data, shall have the power to determine, in its sole discretion, whether any Service disruption constitutes an Outage.

6.4.3.Determination of Credits Due to Client. Upon receipt of said support ticket, Dyn shall take reasonable commercial steps to determine whether an Outage occurred and thus whether Client may be eligible to receive Credit(s). For each separate and distinct event to which an Outage relates, Dyn will issue the following credits:

Managed DNS

 

NI Outage

Length

Credit(s)

 

30 sec. – 5 min.

1

 

 

5:01 min. – 4 hrs.

7

 

 

More than 4 hrs.

30

 

 

PI Outage

Length

Credit(s)

 

6 hrs. – 8 hrs.

1

 

 

8:01 hrs. – 12 hrs.

3

 

 

More than 12 hrs.

7

 

 

 

 

 

 

Bulk Hosting with Gold or Platinum

 

 

Support

 

 

 

NI Outage Length

 

Credit(s)

 

 

15 min. – 2 hrs.

 

1

 

 

2 hrs. – 4 hrs.

 

7

 

 

More than 4 hrs.

 

30

 

Managed DNS with Gold or Platinum

Support

NI Outage Length

Credit(s)

15 sec. – 5 min.

1

5:01 min. – 4 hrs.

7

More than 4 hrs.

30

PI Outage Length

Credit(s)

4 hrs. – 8 hrs.

1

8:01 hrs. – 12 hrs.

3

More than 12 hrs.

7

Support Outages

Credit(s)

Per event

1

Managed DNS with Platinum Support

Propagation Outage

Credit(s)

Per month

7

6.4.4.Application of Credits to Client’s Account. Credit(s) due to Client shall: (1) not exceed thirty (30) in any one month period; (2) be applied to Client’s Account by crediting the value of the Credit(s) against Client’s next charge or invoice.

7.TECHNICAL SUPPORT

7.1.Standard Support. Dyn will use commercially reasonable efforts to make a member of its technical support staff available to respond to questions and/or concerns about the Services in accordance with the technical support schedule located at dyn.com/services.

7.2.Gold Support. If Client elects to upgrade to and purchase Dyn Gold Level Support, Dyn will use commercially reasonable efforts to (i) make a member of its technical support staff available to respond to questions and/or concerns about the Services in accordance with the technical support schedule referenced in section 7.1, (ii) provide Client with priority technical support queuing over Standard Support clients, and

(iii)provide Client with optional, annual state-of-account reviews. Dyn will use commercially reasonable

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efforts to respond to a properly submitted Gold Support ticket related to an Outage within one (1) business hour (see the technical support schedule referenced in Section 7.1) of receiving said ticket.

7.3.Platinum Support. If Client elects to upgrade to and purchase Dyn Platinum Support, Dyn will use commercially reasonable efforts to (i) make a member of its technical support staff available to respond to questions and/or concerns about the Services in accordance with the technical support schedule referenced in section 7.1, (ii) provide Client with priority technical support queuing over Standard Support and Gold Support clients, (iii) optional weekly check-ins, and (iv) optional, quarterly state-of-account reviews. Dyn will use commercially reasonable efforts to respond to a properly submitted Platinum Support ticket related to an Outage within thirty (30) minutes of receiving said ticket.

8.MISCELLANEOUS

8.1.The provisioning of Credits in accordance with the terms of these Product Terms shall be Client’s sole and exclusive remedy should Dyn fail to meet any of the service levels described herein.

8.2.These Product Terms do not apply to Dyn TLD services.

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PRODUCT SPECIFIC TERMS AND CONDITIONS

PRODUCT SPECIFIC TERMS AND CONDITIONS

DYN EMAIL DELIVERY SERVICES

1.INTRODUCTION.

These Product Specific Terms and Conditions are entered into by and between Dyn and Client, and are incorporated into the Agreement entered into by and between the same.

2.GENERAL DEFINITIONS.

2.1.‘Client Authorized User’ shall mean all individuals or users granted rights (intentionally or unintentionally) by Client in Client’s Dyn Email Delivery Services portal (https://email.dynect.net).

2.2.Credit’ shall mean a dollar value equal to one three hundred and sixty fifth (1/365th) of the annualized amount of the monthly recurring fee due from Client under the applicable Order for the affected Dyn Email Delivery Services.

2.3.DKIM’ or “DomainKeys Identified Mail’ is an email authentication framework system that allows mailbox providers to validate mail from your domain against a public (DNS) and private key.

2.3.Emergency Maintenance’ means maintenance that Dyn deems, in its sole discretion, necessary to remedy or prevent defects in Dyn’s systems or networks that are affecting or may imminently affect the quality of the Services.

2.4.MI’ or ‘Mailserver Infrastructure’ shall mean the group of Dyn controlled systems (servers, hardware and associated software) that are responsible for receiving and delivering the Dyn Email Delivery Services.

2.5.RFC’ means a final, non-draft ‘Request For Comment’ published by the Internet Engineering Task Force.

2.6.Scheduled Maintenance’ means maintenance and/or upgrades to Dyn’s systems or networks conducted (i) within Dyn’s regular maintenance windows or (ii) no less than forty-eight hours of receiving electronic notice from Dyn of such maintenance and/or upgrades, which such notice may be provided via web-posting on dynstatus.com or such other website that Dyn may designate from time-to-time.

2.7.SPF’ or ‘Sender Policy Framework’ is a means of authenticating email from a setup of IP Addresses.

2.8.Usage Component’ means any component of the Dyn Email Delivery Services that is offered on a per unit basis, which includes, but is not limited to, the number of emails that may be sent per month.

3.DYN EMAIL DELIVERY SERVICES

3.1.Standard Dyn Email Delivery Services. The Standard Email Delivery Services includes the following features:

3.1.1.Advanced Logging and Reporting. Client may use and review a variety of logging and reporting tools accessible via https://email.dynect.net.

3.1.2.Bulk or Transactional Email Delivery. Client will be able to connect and deliver single or bulk messages through the Dyn SMTP or API connection and access delivery stats via API.

3.1.3.Dedicated or Shared IPs. Dyn will allow Client, at Dyn’s sole discretion, either exclusive or shared use of a Dyn controlled Internet Protocol address in connection with its provisioning of the Dyn Email Delivery Services.

3.1.4.Dyn Application Program Interface (API) Access (Rest-Based). Client may update the technical information Dyn uses to provide it with the Dyn Email Delivery Services via the application program interface associated with https://emailapi.dynect.net.

3.1.5.Deliverability Monitoring. Dyn will monitor Client’s email delivery across the IP(s) from which Dyn sends mail on behalf of Client and make adjustments as necessary.

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DYN EMAIL DELIVERY SERVICES V 2.1

3.1.6.Email Authentication. Dyn will make accessible, email authentication means to validate Dyn’s servers and IP addresses as valid on behalf of a client’s domain. While setup is optional within Dyn’s network, the success of email delivery may require it depending on client domain SPF and DKIM configuration.

3.1.7.ISP Throttling & Message Queuing. Dyn will send Client’s email at varying rates and in accordance with its understanding of applicable ISP mail acceptance policies.

3.1.8.Seed Account Testing. Dyn will, from time to time: (i) create electronic copies of email messages sent by Client through the course of using the Email Delivery Services (“Sample Messages”); (ii) subject to the terms, conditions, and policies of certain third-party email service providers, send the Sample Messages to email accounts that Dyn has established with third party email service providers (“Seed Accounts”); and (iii) use the information obtained by Dyn through the course of sending Sample Messages to Seed Accounts to (a) help improve Dyn’s Email Delivery Services and (b) provide feedback to Client relating to Client’s use of Dyn’s Email Delivery Services.

3.1.9.Spam-Complaint, Sent & Bounce Reporting. Dyn will, on a monthly basis, make accessible to Client via the Web- Based Management Portal and/or the API, a report that details: how many emails Dyn has sent on behalf of Client in the last month and how many of those emails were categorized as ‘spam’ and/or ‘bounced’ emails.

3.1.10.Web-Based Management Portals. Client may use the website located at https://email.dynect.net, or such other website that Dyn may designate from time to time, to manage the settings that Dyn will use in delivering the Services.

3.2.Implementation, Training.

3.2.1.QuickStart Implementation. ‘QuickStart’ is an add-on training and implementation service that Client may elect to purchase. If Client elects to purchase QuickStart, Dyn will provide training and implementation assistance to Client for up to the specified period of time and up to the number of Client representatives set forth in the applicable Order; however, if the Order does not specify the duration of the QuickStart training and implementation assistance or the number of Client representatives that are permitted to receive such assistance, then the duration and/or number of permitted Client representatives shall be determined by Dyn, in its reasonable discretion. If Dyn agrees, in its sole discretion, to perform such training onsite, Client shall reimburse Dyn for all travel expenses incurred by Dyn in connection with such onsite training. If purchased, Client must utilize the purchased QuickStart services within sixty (60) days of the applicable Order’s effective date.

3.2.2.Onsite/Remote Training. Onsite/Remote Training is an add-on training service that Client may elect to purchase. If Client elects to purchase Onsite/Remote Training, Dyn will provide training for the specified period of time and the specified number of representatives set forth in the applicable Order; however, if the Order does not specify the duration of the training assistance or the number of Client representatives that are permitted to receive the training assistance, then the duration and number of permitted Client representatives shall be determined by Dyn, in its reasonable discretion. If Dyn agrees, in its sole discretion, to provide onsite training assistance to Client, Client shall reimburse Dyn for all travel expenses incurred by Dyn in connection said training. If purchased, Client must utilize the purchased Onsite/Remote Training services within sixty (60) days of the applicable Order’s effective date.

4.USAGE AND OVERAGE FEES

4.1.Emails Per Month. Client may use Dyn’s Email Delivery Services to send up to the number of emails specified in each applicable Order during any given month of the Term of said Order.

4.2.Excess Usage. If Client exceeds the limits for any applicable Usage Component specified in an Order, then Client shall incur additional monthly charges for such excess usage in accordance with the terms of this Agreement and at the rates specified in the applicable Order. If there is not a specified usage limitation for a particular Usage Component, then the usage limitation for that Usage Component shall be deemed to be zero (0), any use of such Usage Component shall be deemed to be excess usage, and Client will incur additional monthly charges (i.e., overage fees) for such excess usage in accordance with the terms of the Agreement and at the rates specified in the applicable Order. Notwithstanding the foregoing, if the applicable Order does not specify the rates (i.e., the additional monthly charge) that are to apply to such excess usage, then the rates for such excess usage shall be the rates specified in the Overage Fee, which are as follows:

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PRODUCT SPECIFIC TERMS AND CONDITIONS

 

OVERAGE FEE SCHEDULE

 

 

(Pricing is listed on a per month basis

)

Emails

 

$ 0.003/email

5.SERVICE LEVELS

5.1.Service Levels.

5.1.1.‘MI Outage’ shall mean a failure by Dyn to ensure that its systems and networks have the ability to accept and send mail in accordance with the following:

MI Acceptance Capacity – In any given hour of a calendar month, Dyn must have the ability to accept from the Client, the greater of: (i) zero point six percent (0.6%) of the number of emails specified in the applicable Order or (ii) six thousand (6,000) emails.

MI Sending Capacity – In any given hour of a calendar month, Dyn must have the ability to, send on behalf of the Client, the greater of: (i) zero point six percent (0.6%) of number of emails specified in the in the applicable Order or (ii) six thousand (6,000) emails.

5.1.2.‘Support Outage’ shall mean a failure to meet the support service levels set forth in Section 6 (Technical Support).

5.1.3.‘Outage’ shall mean a MI Outage or Support Outage, as applicable.

5.2.Exclusion from Outages.

Notwithstanding any other term herein, any downtime or unavailability of the MI or Support Services resulting from one or more of the Exclusions shall be excluded from the calculus for determining Outages, and an Outage shall not be deemed to have occurred where downtime or unavailability results from one or more of the Exclusions.

The term “Exclusions” refers to the following acts, omissions, event and circumstances: (i) the suspension and/or termination of the Services as described in the MSA and/or the AUP; (ii) any actions or inactions of you or any third party; (iii) Client’s or its representatives’ or end users’ failure to comply with the terms and conditions of this Agreement, (iv) any failure to comply with the usage limits set forth in the applicable Order; (v) any inaccurate or insufficient information or configurations provided or set by Client or its representative(s) or Authorized Users; (vi) any misuse of the Services; (vii) any downtime or unavailability attributable to Client or third-party equipment, application programing, software, systems or networks; (viii) any network unavailability outside of the MI;

(ix)any malicious acts by a third party against Client or against its end users, agents or suppliers; (x) with regards to Support Outage, Client attempts to contact Dyn outside the applicable support hours; (xi) Scheduled Maintenance or Emergency Maintenance; (xii) any acts of terrorism, cyber terrorism or God, or any other event of force majeure; or (xiii) any other events or circumstances that are outside of Dyn’s reasonable control (collectively, the “Exclusions”).

5.3.Notification, Determination & Credits.

5.3.1.Notification of Potential Outage Event. When Client becomes aware of a potential Outage, Client shall open a support ticket in Dyn’s support ticket system as soon as is practicable, but in no case more than five (5) calendar days after the event.

5.3.2.Determination Regarding Existence of Outage Event. Dyn, based upon its records and data, shall have the power to determine, in its sole discretion, whether any Service disruption constitutes an Outage.

5.3.3.Determination of Credits Due to Client. Upon receipt of said support ticket, Dyn shall take reasonable commercial steps to determine whether an Outage occurred and thus whether Client may be eligible to receive Credit(s). With regards to MI Outages, the number of Credits will be calculated as follows:

MI Outage Length

 

Credit(s)

Any 1 hr. Outage

 

1

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5.3.4.Application of Credits to Client’s Account. Credit(s) due to Client shall: (1) not exceed thirty (30) in any one month period; (2) be applied to Client’s Account by crediting the value of the Credit(s) against Client’s next charge or invoice.

6.TECHNICAL SUPPORT

Dyn will use commercially reasonable efforts to make a member of its technical support staff available to respond to questions and/or concerns about the Services in accordance with the terms set forth below:

6.1.Standard Support. Dyn will use commercially reasonable efforts to make a member of its technical support staff available to respond to questions and/or concerns about the Services in accordance with the Technical Support Schedule set forth below.

6.2.Pay-Per-Incident Support. Concierge Pay Per Incident Support is available to Client 24 hours a day, 7 days a week, 365 days a year at the rate listed in the applicable Order, or if the applicable Order does not specify the rate, such rate shall be Dyn’s then current list pricing for Pay-Per-Incident Support. Dyn will use commercially reasonable efforts to respond to appropriately submitted Pay Per Incident Support requests promptly.

6.3.Urgent Support. Dyn will provide Client, free of charge, customer support for any problem arising as a direct result of an MI Outage. Such Urgent Support shall be available to Client 24 hours a day, 7 days a week, 365 days a year. Dyn will use commercially reasonable efforts to respond to Urgent Support inquiries opened by Client in accordance with the method described at https://manage.dynect.net/help. Dyn will use commercially reasonable efforts to respond to an appropriately submitted Urgent Support inquiry within thirty (30) minutes. If Dyn fails to respond to an appropriately submitted support inquiry within the referenced thirty-minute window Client will be eligible to receive one (1) Credit. Subject to Section 5 (Service Levels), if Client submits an Urgent Support request, but no MI Outage has occurred, it shall be charged on a per incident basis in accordance with this Section 6.2 (Pay-Per-Incident Support).

6.4.Gold Level Support. If Client elects to upgrade to and purchase Dyn Gold Level Support, Dyn will use commercially reasonable efforts to (i) make a member of its technical support staff available to respond to questions and/or concerns about the Services in accordance with the Technical Support Schedule set forth below, (ii) provide Client with priority technical support queuing over standard technical support users, and (iii) provide Client with optional, annual state-of-account reviews. Dyn will use commercially reasonable efforts to respond within thirty (30) minutes to Gold Level Support inquiries that have been appropriately submitted by Client in accordance with the method described at https://manage.dynect.net/help. Subject to Section 5 (Service Levels), if Dyn fails to respond to an appropriately submitted support inquiry within the referenced thirty (30) minute window, Client will be eligible to receive one (1) Credit.

6.5.Platinum Support. If Client elects to upgrade to and purchase Dyn Platinum Support, Dyn will use commercially reasonable efforts to (i) make a member of its technical support staff available to respond to questions and/or concerns about the Services in accordance with the Technical Support Schedule set forth below, (ii) provide Client with priority technical support queuing over Standard Support and Gold Level Support users, (iii) provide Client with optional weekly check-ins, and (iv) optional, quarterly state-of-account reviews. Dyn will use commercially reasonable efforts to respond within thirty (30) minutes to Platinum Support inquiries that have been appropriately submitted by Client in accordance with the method described at https://manage.dynect.net/help. Subject to Section 5 (Service Levels), if Dyn fails to respond to an appropriately submitted support inquiry within the referenced thirty (30) minute window, Client will be eligible to receive one (1) Credit.

Technical Support Schedule

 

Standard Support

Gold Level Support

Platinum Support

Support hours/days per week: phone

24/5

 

 

Sun. 8PM – Fri. 8PM

24/7

24/7

 

EST

 

 

Support hours/days per week: email

24/5

24/5

24/5

Sun. 8PM – Fri. 8PM

Sun. 8PM – Fri. 8PM

Sun. 8PM – Fri. 8PM

 

EST

EST

EST

*Support requests that are both submitted by Client and responded to by Dyn outside of the above referenced hours shall be treated as Concierge Pay Per Incident Support requests for billing purposes.

Page 4 of 5

PRODUCT SPECIFIC TERMS AND CONDITIONS

7.MISCELLANEOUS

7.1.The provisioning of Credits in accordance with the terms of these Product Terms shall be Client’s sole and exclusive remedy should Dyn not meet the level of service provided for in these Product Terms.

7.2.All times referenced in these Product Terms are EST/EDT.

7.3.Capitalized terms not otherwise defined herein shall have the same meaning ascribed to them in the Master Services Agreement or the applicable Order(s) that are associated with these Product Specific Terms and Conditions.

Page 5 of 5

PRODUCT SPECIFIC TERMS AND CONDITIONS

PRODUCT SPECIFIC TERMS AND CONDITIONS

INTERNET INTELLIGENCE AND INTERNET ALERTS

1.INTRODUCTION

These Product Specific Terms and Conditions are entered into by and between Dyn and Client, and are incorporated into the Agreement entered into by and between the same. Dyn’s Internet Intelligence product suite includes the separate Internet Intelligence – Network, Internet Intelligence and Internet Alert services described herein, along with any relevant add-on features.

2.INTERNET INTELLIGENCE – NETWORK, INTERNET INTELLIGENCE, & INTERNET ALERTS

2.1.Internet Intelligence – Network. Dyn’s Internet Intelligence – Network service is a web-based Internet performance analysis tool providing Client interactive data analysis capabilities and visualization of the global Internet BGP routing infrastructure. Internet Intelligence – Network provides the ability to list and view Internet asset inventories by domain, providing real-time monitoring of connected assets and domains that make up an Internet service delivery platform, including by showing network addresses, prefixes, and names, and on-demand performance testing from global vantage points. Internet Intelligence – Network allows for user designed modeling to compare transit company performance to user’s Internet assets from markets across the world.

2.1.1.Dyn offers the following tiers associated with its Internet Intelligence- Network services:

 

 

Tier 1

Tier 2

Tier 3

Tier 4

 

 

10

25

75

Internet Alerts – Routing

 

 

 

 

 

 

 

 

50

125

Internet

Alerts – Performance

IP Prefixes Permitted to be

10

10

25

100

 

Monitored

 

 

 

 

 

 

Standard

Gold

Gold

Platinum

 

Support

2.2.Internet Intelligence. Dyn’s Internet Intelligence service is a web-based Internet performance analysis tool providing data on and visualization of the global Internet BGP routing infrastructure and Real User Monitoring (RUM) performance. Internet Intelligence provides a real-time status dashboard measuring availability, reachability, and performance for a user’s selected cloud service provider, CDN provider and data center IP assets. Internet Intelligence allows users to compare cloud providers and CDNs by location for markets across the world

2.2.1.Dyn offers the following tiers associated with its Internet Intelligence services:

 

 

Tier 1

Tier 2

Tier 3

Tier 4

Number

of Permitted Cloud

1

1

Multi-view

Multi-view

Service

Provider Views

 

 

 

 

Number

of Permitted CDN

1

1

Multi-view

Provider Views

 

 

 

 

Number of Permitted IP Asset

10

25

45

100

 

Views

 

 

 

 

PRODUCT SPECIFIC TERMS AND CONDITIONS

INTERNET INTELLIGENCE & INTERNET ALERTS V2.0

Page 1 of 4

2.3.Internet Alerts.

2.3.1.Internet Alerts – Routing. Dyn’s Internet Alerts – Routing provide a variety of alerts over a published API or via pre-set email addresses to help Client continuously monitor the health of selected Internet routes

including the following types of alerts: Route Hijacks, Hijacked Subnetworks, Route Outages, Newly

Routed Prefixes, Newly Routed Sub-prefixes, New Upstream Autonomous System Numbers, New Autonomous System Number Originations.

2.3.2.Internet Alerts – Performance. Dyn’s Internet Alerts – Performance provide route performance information over a published API for business critical endpoint IP addresses. Client can identify the key locations on the Internet that are to be monitored. Client may set thresholds for latency and packet loss to a target, generating alerts for three types of events including: end to end connectivity – when measurements fail to reach the target, latency deterioration: when a fixed millisecond threshold (e.g. 200ms) is exceeded, and packet loss: when packet loss exceeds a percentage threshold (e.g. 40%).

2.4.Internet Intelligence – Custom Vantage Point. Internet Intelligence – Custom Vantage point is an add-on feature, which is purchased separately from, but for use in conjunction with, one of the Internet Intelligence product suite services. Custom Vantage Point allows Client to add a specific vantage point into Dyn’s global monitoring infrastructure. Dyn will deploy a virtual machine instance that is loaded remotely at the location specified by Client, and that vantage point will collect Internet performance data from worldwide endpoints and provide the data into the applicable Internet Intelligence product suite service.

2.5.QuickStart Implementation. QuickStart is an add-on training and implementation service that Client may elect to purchase. If Client elects to purchase QuickStart, Dyn will provide training and implementation assistance to Client for up to the specified period of time and up to the number of Client representatives set forth in the applicable Order; however, if the Order does not specify the duration of the QuickStart training and implementation assistance or the number of Client representatives that are permitted to receive such assistance, then the duration and/or number of permitted Client representatives shall be determined by Dyn, in its reasonable discretion. Any purchased QuickStart training must be performed within 60 days of the Effective Date set forth in the Order. If Dyn agrees, in its sole discretion, to perform such training onsite, Client shall reimburse Dyn for all travel expenses incurred by Dyn in connection with such onsite training.

2.6.Disclaimer. WITHOUT LIMITING ANY OF THE GENERALITY OF ANY DISCLAIMER SET FORTH IN THESE PRODUCT TERMS OR THE MSA, DYN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE COMPLETENESS, ACCURACY OR SUITABILITY OF THE SERVICES DEFINED HEREIN OR THE DYN DATA, AND DYN HEREBY DISCLAIMS ALL SUCH WARRANTIES, BOTH EXPRESS AND IMPLIED. DYN SHALL HAVE NO LIABILITY RESULTING FROM CLIENT’S USE OF OR RELIANCE UPON THE SERVICES OR DYN DATA. ANY USE, DISCLOSURE OR PUBLICATION BY CLIENT OF DYN DATA, AND ANY RELIANCE UPON DYN DATA, WILL BE AT CLIENT’S DISCRETION AND SOLE RISK, AND CLIENT WILL BE SOLELY RESPONSIBLE FOR THE RESULTS OF SUCH ACTIONS.

3.OWNERSHIP, RESTRICTIONS

3.1.Dyn Data’ means all information, data and specifications provided by Dyn through the Services described herein.

3.2.As between the Parties, Dyn shall own and retain all rights, title and interest in and to Dyn Data. Client may analyze and use Dyn Data solely for its internal business purposes.

PRODUCT SPECIFIC TERMS AND CONDITIONS

INTERNET INTELLIGENCE & INTERNET ALERTS V2.0

3.3.Dyn Data is Dyn’s Confidential Information. Accordingly, Client may not disclose Dyn Data to any third party without Dyn’s prior written consent in each instance, which Dyn is under no obligation to provide. In the event that Dyn consents to Client’s disclosure of Dyn Data, Client will provide Dyn with reasonable attribution for any disclosure or publication of the Dyn Data. Dyn will have no liability to any third party to which Client discloses any Dyn Data (whether with Dyn’s consent or in violation of this Agreement), including without limitation any operator of a third party measurement target.

3.4.Unless otherwise expressly permitted under this Agreement, Client may not sell, re-sell, distribute, transmit, display, disclose, divulge, reveal, report, publish or transfer the Service or the Dyn Data to any third party or reproduce or create derivative works based upon the Service or Dyn Data, or any portion thereof, without the express permission of Dyn. Notwithstanding the foregoing, Client may (i) incorporate reasonable portions of Dyn Data as part of conference presentations and press releases for promotional purposes and (ii) disclose reasonable portions of the Dyn Data solely in connection with the aforementioned purpose (collectively, the “Promotional Rights”); however, if Dyn determines, in its sole discretion, that Client incorporates or discloses more than a reasonable portion of Dyn Data, Dyn may revoke the Client’s Promotional Rights by providing Client with written notice of such revocation.

3.5.Client will not reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Service.

4.BILLING AND USAGE

4.1.Fees. Unless otherwise specified in an Order, fees for the Services set forth herein are calculated on a platform tier basis.

4.2.Excess Usage and Usage Component.

4.2.1.Usage Component’ means any component of the Internet Intelligence, Internet Intelligence – Network, and Internet Alert services that is offered on a per unit basis (e.g., the number of IP prefixes to be monitored).

4.2.2.If Client exceeds the limits for any applicable Usage Component specified in an Order, then in the following month Client may be moved to the next appropriate tier at Dyn’s then standard fee for the tier. If Client exceeds any applicable Usage Component limits in the top tiers defined herein, then the parties shall enter into good faith negotiations on the proper scope of Services for Client, and Dyn may charge additional monthly charges for such excess usage in accordance with the terms of the Agreement and at the rate of $10/Usage Component exceeded.

5.TECHNICAL SUPPORT

5.1.Standard Support. Dyn will use commercially reasonable efforts to make a member of its technical support staff available to respond to questions and/or concerns about the Services in accordance with the technical support schedule located at dyn.com/services.

5.2.Gold Support. If Client elects to upgrade to and purchase Dyn Gold Level Support, Dyn will use commercially reasonable efforts to (i) make a member of its technical support staff available to respond to questions and/or concerns about the Services in accordance with the technical support schedule referenced in section 7.1, (ii) provide Client with priority technical support queuing over Standard Support clients, and (iii) provide Client with optional, annual state-of-account reviews. Dyn will use commercially reasonable efforts to respond to a properly submitted Gold Support ticket related to an Outage within one (1) business hour (see the technical support schedule referenced in Section 7.1) of receiving said ticket.

PRODUCT SPECIFIC TERMS AND CONDITIONS

INTERNET INTELLIGENCE & INTERNET ALERTS V2.0

5.3.Platinum Support. If Client elects to upgrade to and purchase Dyn Platinum Support, Dyn will use commercially reasonable efforts to (i) make a member of its technical support staff available to respond to questions and/or concerns about the Services in accordance with the technical support schedule set forth below, (ii) provide Client with priority technical support queuing over Standard Support and Gold Support clients, (iii) optional weekly check- ins, and (iv) optional, quarterly state-of-account reviews. Dyn will use commercially reasonable efforts to respond to a properly submitted Platinum Support ticket related to an Outage within thirty (30) minutes of receiving said ticket.

6.MISCELLANEOUS.

6.1.All times referenced in these Product Specific Terms and Conditions are EST/EDT.

6.2.Capitalized terms not otherwise defined herein shall have the same meaning ascribed to them in the Master Services Agreement or the applicable Order(s) that are associated with these Product Specific Terms and Conditions.

PRODUCT SPECIFIC TERMS AND CONDITIONS

INTERNET INTELLIGENCE & INTERNET ALERTS V2.0

PRODUCT SPECIFIC TERMS AND CONDITIONS

IP TRANSIT INTELLIGENCE AND INTERNET INTELLIGENCE – TRANSIT

1.INTRODUCTION.

These Product Specific Terms and Conditions are entered into by and between Dyn and Client, and are incorporated into the Agreement entered into by and between the same.

2.GENERAL DEFINITIONS.

2.1.Credit’ means a dollar value equal to one three hundred and sixty fifth (1/365th) of the annualized, scheduled recurring service fee(s) due under the applicable Order for the affected IP Transit Intelligence or Internet Intelligence – Transit services.

2.2.Dyn Data’ means all information, data and specifications provided by Dyn through the IP Transit Intelligence or Internet Intelligence – Transit services.

2.3.Emergency Maintenance’ means maintenance that Dyn deems, in its sole discretion, necessary to remedy or prevent defects in Dyn’s systems or networks that are affecting or may imminently affect access to and the quality of Dyn’s IP Transit Intelligence or Internet Intelligence – Transit services.

2.4.Scheduled Maintenance’ means maintenance and/or upgrades to Dyn’s systems or networks conducted (i) within Dyn’s Regular Maintenance Windows (between 5:00-6:00 am, Tuesday and Thursdays) or (ii) no less than forty-eight hours of receiving electronic notice from Dyn of such maintenance and/or upgrades, which such notice may be provided via web-posting on dynstatus.com or such other website that Dyn may designate from time-to-time.

2.5.Usage Component’ means any component of Dyn’s IP Transit Intelligence or Internet Intelligence – Transit services that is offered on a per unit basis (e.g., the number of users that are permitted to use the IP Transit Intelligence or Internet Intelligence – Transit services).

3. DYN IP TRANSIT INTELLIGENCE AND INTERNET INTELLIGENCE – TRANSIT

3.1.IP Transit Intelligence and Internet Intelligence – Transit. Dyn’s IP Transit Intelligence and Internet Intelligence – Transit each constitute a suite of web-based reference analysis tools enabling sales, marketing, business development and peering professionals to monitor and evaluate the Internet’s competitive landscape. The core of Dyn’s IP Transit Intelligence and Internet Intelligence – Transit services is Dyn’s Internet Index, the master database of information compiled daily from the Internet’s global routing tables, providing data on global, national, and regional rankings of all network service providers based on actual measurements. Dyn’s IP Transit Intelligence and Internet Intelligence – Transit provide:

3.1.1.Annotated lists of service providers’ current customers, including their geographic distribution and an analysis of the services they currently receive from competing providers.

3.1.2.Daily news change lists that track global customer wins and losses, plus longer-term trends of market performance from all providers.

3.1.3.Side-by-side comparisons of the vital statistics of multiple network service providers, including relative analyses of their Internet Index Placements, measures of their customer bases and their regional strengths and weaknesses.

3.2.Disclaimer. WITHOUT LIMITING ANY OF THE GENERALITY OF ANY DISCLAIMER SET FORTH IN THESE PRODUCT TERMS OR THE MSA, DYN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE COMPLETENESS, ACCURACY OR SUITABILITY OF THE IP TRANSIT INTELLIGENCE OR INTERNET INTELLIGENCE – TRANSIT SERVICES OR THE DYN DATA, AND DYN HEREBY DISCLAIMS ALL SUCH WARRANTIES, BOTH EXPRESS AND IMPLIED. DYN SHALL HAVE NO LIABILITY RESULTING FROM CLIENT’S USE OR RELIANCE UPON DYN DATA. ANY USE, RELIANCE ON, DISCLOSURE OR PUBLICATION BY CLIENT OF DYN DATA WILL BE AT CLIENT’S DISCRETION AND SOLE RISK, AND CLIENT WILL BE SOLELY RESPONSIBLE FOR THE RESULTS OF SUCH ACTIONS.

Page 1 of 3

PRODUCT SPECIFIC TERMS AND CONDITIONS

IP TRANSIT INTELLIGENCE AND INTERNET INTELLIGENCE – TRANSIT V 2.3

4.OWNERSHIP, RESTRICTIONS

4.1.As between the Parties, Dyn shall own and retain all rights, title and interest in and to Dyn Data. Client may analyze and use Dyn Data solely for its internal business purposes.

4.2.Dyn Data is Dyn’s Confidential Information. Accordingly, Client may not disclose Dyn Data to any third party without Dyn’s prior written consent in each instance, which Dyn is under no obligation to provide. In the event that Dyn consents to Client’s disclosure of Dyn Data, Client will provide Dyn with reasonable attribution for any disclosure or publication of the Dyn Data. Dyn will have no liability to any third party to which Client discloses any Dyn Data (whether with Dyn’s consent or in violation of this Agreement), including without limitation any operator of a third party measurement target.

4.3.Unless otherwise expressly permitted under this Agreement, Client may not sell, re-sell, distribute, transmit, display, disclose, divulge, reveal, report, publish or transfer the Service or the Dyn Data to any third party or reproduce or create derivative works based upon the Service or Dyn Data, or any portion thereof, without the express permission of Dyn. Notwithstanding the foregoing, Client may (i) incorporate reasonable portions of Dyn Data as part of conference presentations and press releases for promotional purposes and (ii) disclose reasonable portions of the Dyn Data solely in connection with the aforementioned purpose (collectively, the “Promotional Rights”); however, if Dyn determines, in its sole discretion, that Client incorporates or discloses more than a reasonable portion of Dyn Data, Dyn may revoke the Client’s Promotional Rights by providing Client with written notice of such revocation.

4.4.Client will not reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Service.

5.BILLING AND USAGE

5.1.Fees. Fees for Dyn’s IP Transit Intelligence and Internet Intelligence – Transit services are calculated on a per-user basis.

5.2.Excess Usage. If Client exceeds the limits for any applicable Usage Component specified in an Order, then Client shall incur additional monthly charges for such excess usage in accordance with the terms of this Agreement and at the rates specified in the applicable Order. If there is not a specified usage limitation for a particular Usage Component, then the usage limitation for that Usage Component shall be deemed to be zero (0), any use of such Usage Component shall be deemed to be excess usage, and Client will incur additional monthly charges (i.e., overage fees) for such excess usage in accordance with the terms of the Agreement and at the rates specified in the applicable Order. Notwithstanding the foregoing, if the applicable Order does not specify the rates (i.e., the additional monthly charge) that are to apply to such excess usage, then the rates for such excess usage shall be Dyn’s then current list overage fees, which may be provided upon written request.

6.SERVICE LEVELS.

6.1.Service Levels. ‘Outage’ shall mean a failure by Dyn to use commercially reasonable efforts to provide Client with 24-hour access to Dyn’s IP Transit Intelligence or Internet Intelligence – Transit services, subject to Scheduled Maintenance, Emergency Maintenance and Exclusions.

6.2.Exclusions to Outages.

Notwithstanding any other term in herein, any downtime or unavailability of Dyn’s IP Transit Intelligence or Internet Intelligence – Transit services resulting from one or more of the Exclusions shall be excluded from the calculus for determining Outages, and an Outage shall not be deemed to have occurred where downtime or unavailability results from one or more of the Exclusions.

The term “Exclusions” refers to the following acts, omissions, event and circumstances, both individually and collectively: (i) the suspension and/or termination of the Services as described in the MSA and/or the AUP; (ii) any actions or inactions of you or any third party; (iii) Client’s or its representatives’ or end users’ failure to comply with the terms and conditions of this Agreement, (iv) any failure to comply with the usage limits set forth in the applicable Order; (v) any misuse of the Services; (vi) any Client or third-party equipment, application programing, software, systems or networks; (vii) any network unavailability outside of Dyn’s systems and networks; (viii) any malicious acts by a third party; (ix) Scheduled Maintenance or Emergency

Page 2 of 3

PRODUCT SPECIFIC TERMS AND CONDITIONS

IP TRANSIT INTELLIGENCE AND INTERNET INTELLIGENCE – TRANSIT V 2.3

Maintenance; (x) any acts of terrorism, cyber terrorism or God, or any other event of force majeure; and/or (xi) any other events or circumstances that are outside of Dyn’s reasonable control.

6.3.Notification, Determination & Credits.

6.3.1.Notification of Potential Outage Event. When Client becomes aware of a potential Outage, Client shall open a support ticket in Dyn’s support ticket system as soon as is practicable, but in no case more than five (5) calendar days after the event.

6.3.2.Determination Regarding Existence of Outage Event. Dyn, based upon its records and data, shall have the power to determine, in its sole discretion, whether any Service disruption constitutes an Outage.

6.3.3.Determination of Credits Due to Client. Upon receipt of said support ticket, Dyn shall take reasonable commercial steps to determine whether an Outage occurred and thus whether Client may be eligible to receive Credit(s). The number of Credits will be calculated as follows:

Outage Length

Credit(s)

0 sec. – 4 hrs.

0

4 hrs. – 24 hrs.

1

24 hrs. – 72hrs.

3

More than 72 hrs.

7

6.3.4.Application of Credits to Client’s Account. Credit(s) due to Client shall: (1) not exceed thirty (30) in any one month period; (2) be applied to Client’s Account by crediting the value of the Credit(s) against Client’s next charge or invoice.

7.MISCELLANEOUS.

7.1.The provisioning of Credits in accordance with the terms of these Product Specific Terms and Conditions shall be Client’s sole and exclusive remedy should Dyn not meet the level of service provided for in these Product Specific Terms and Conditions.

7.2.All times referenced in these Product Specific Terms and Conditions are EST/EDT.

7.3.Capitalized terms not otherwise defined herein shall have the same meaning ascribed to them in the Master Services Agreement or the applicable Order(s) that are associated with these Product Specific Terms and Conditions.

Page 3 of 3

PRODUCT SPECIFIC TERMS AND CONDITIONS

IP TRANSIT INTELLIGENCE AND INTERNET INTELLIGENCE – TRANSIT V 2.3

PRODUCT SPECIFIC TERMS AND CONDITIONS

REPUTATION MANAGEMENT

1.Introduction.

1.1.These Product Specific Terms and Conditions (“Product Terms”) are entered into by and between Dyn and Client, and are incorporated into the Agreement entered into by and between the same.

2.Reputation Management Service.

2.1.‘Reputation Management’ is an email delivery consultation service whereby Dyn will (i) monitor and analyze Client’s use of Dyn’s Email Delivery Services and (ii) provide advice and feedback to help optimize Client’s use of Dyn’s Email Delivery Services.

2.2.Reputation Management is not a technical support service for Dyn’s Email Delivery Services, rather it is a service designed to help Client optimize its use of Dyn’s Email Delivery Services. Information relating to technical support for Dyn’s Email Delivery Services can be found in the Product Specific Terms and Conditions for Dyn’s Email Delivery Services.

2.3.Reputation Management is designed to optimize Client’s ability to deliver legitimate email through Dyn’s Email Delivery Services. Client agrees that it shall not use Dyn’s Reputation Management service to send email in violation of any law, rule or regulation.

3.Ownership, Use.

3.1.As between the Parties, Dyn shall own and retain all rights, title and interest in and to the Reputation Management Services, including, without limitation, Dyn Data. Client may use the Reputation Management Services, including Dyn Data, solely for its legitimate, internal business purposes.

3.2.Dyn Data is Dyn’s Confidential Information. Accordingly, Client may not disclose Dyn Data to any third party without Dyn’s prior written consent in each instance, which Dyn is under no obligation to provide. In the event that Dyn consents to Client’s disclosure of Dyn Data, Client will provide Dyn with reasonable attribution for any disclosure or publication of the Dyn Data. Dyn will have no liability to any third party to which Client discloses any Dyn Data (whether with Dyn’s consent or in violation of this Agreement), including without limitation any operator of a third party measurement target.

3.3.For the purposes of these Product Terms, “Dyn Data” means all information, data and specifications provided by or on behalf of Dyn in connection with the Reputation Management Services.

4.Disclaimers.

4.1.Due to the various factors affecting inbox delivery rates which are outside of Dyn’s control, Dyn cannot and does not guarantee that its provisioning of Reputation Management services will result in increased email deliverability (e.g., increased inbox placement rates, increased open rates, enhanced sending reputation scores).

4.2.Client acknowledges and agrees that Reputation Management is specifically designed for, and is solely intended to be used in connection with, Client’s use of Dyn’s Email Delivery Services, and that Reputation Management is not intended for use with any third party email delivery services.

PRODUCT SPECIFIC TERMS AND CONDITIONS

REPUTATION MANAGEMENT V 2.1

Page 1 of 2

4.3.REPUTATION MANAGEMENT IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. DYN MAKES NO REPRESENTATIONS REGARDING REPUTATION MANAGEMENT AND DISCLAIMS ALL WARRANTIES, BOTH EXPRESSED AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

4.4.WITHOUT LIMITING ANY OF THE GENERALITY OF ANY DISCLAIMER SET FORTH IN THESE PRODUCT TERMS OR THE MSA: (i) DYN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE COMPLETENESS, ACCURACY OR SUITABILITY OF THE REPUTATION MANAGEMENT SERVICES, INCLUDING WITHOUT LIMITATION, DYN DATA; (ii)

DYN SHALL HAVE NO LIABILITY RESULTING FROM CLIENT’S USE OR RELIANCE UPON DYN DATA; AND (iii) ANY USE, RELIANCE ON OR USE OF THE REPUTATION MANAGEMENT SERVICES, INCLUDING, WITHOUT LIMITATION, DYN DATA, WILL BE AT CLIENT’S SOLE RISK, AND CLIENT WILL BE SOLELY RESPONSIBLE FOR THE RESULTS OF SUCH ACTIONS.

5.Indemnification.

5.1.Client agrees to indemnify, defend and hold harmless Dyn, its Affiliates and their officers, directors, employees and agents from and against any and all liabilities, damages, fines, penalties, costs and expenses (including all attorney’s fees) arising from or related to any third-party claim (including any claims brought by or fines imposed by any government agency) alleging that the Client used the Reputation Management Services to violate any third party rights or any applicable law.

Page 2 of 2

PRODUCT SPECIFIC TERMS AND CONDITIONS

REPUTATION MANAGEMENT V 2.1

PRODUCT SPECIFIC TERMS AND CONDITIONS

DYN TRAFFIC MANAGEMENT (TM) & INTERNET PERFORMANCE MANAGEMENT (IPM) PACKAGES

1.INTRODUCTION.

These Product Specific Terms and Conditions (these “Product Terms”) are entered into by and between Dyn and Client, and are incorporated into the Agreement entered into by and between the same. Capitalized terms not defined herein shall have the same meaning ascribed to them in the Agreement (as such term is defined in the Master Services Agreement located at dyn.com/legal/enterprise-legal-terms).

These Product Terms detail Dyn’s TM and IPM Packages, consisting of platform bundles of Dyn’s services, including Managed DNS and Internet Intelligence services.

2.GENERAL DEFINITIONS.

2.1.Credit’ shall mean a dollar value equal to one three hundred and sixty fifth (1/365th) of the annualized amount of the monthly recurring fee due from Client under the applicable Order for the affected Managed DNS Services.

2.2.Dynamic DNS Service’ means DNS service implemented in a way that enables computers on the Internet to connect to a host that is associated with a Dynamic IP Address.

2.3.Dynamic IP Address’ means an IP Address that does not remain the same over time.

2.4.Emergency Maintenance’ means maintenance that Dyn deems, in its sole discretion, necessary to remedy or prevent defects in Dyn’s systems or networks that are affecting or may imminently affect the quality of the Services.

2.5.NI’ or ‘Nameserver Infrastructure’ shall mean the group of Dyn controlled systems (servers, hardware, and associated software) that are responsible for delivering the Managed DNS Services.

2.6.Outage’ individually and collectively refers to NI Outage, PI Outage, Propagation Outage and Support Outage.

2.7.PI’ or ‘Peripheral Infrastructure’, shall mean the application programming interfaces, zone transfer mechanisms, update systems, and other Client-accessible data access or manipulation methods provided by Dyn to Client for use in connection with the Managed DNS Services.

2.8.Propagation Latency’ means the measure of the time elapsed between the receipt of Updated Records from Client and the propagation of those Updated Records to all active nodes in the NI that have been assigned by Dyn to resolve DNS queries on behalf of Client.

2.9.QPS’ means the average number of DNS queries received by the Nameserver Infrastructure during one second of service regardless of whether the record type is defined within the DNS zone.

2.10.Query Logs’ means data generated by the NI upon its receipt of DNS queries.

2.11.Resource Record’ means the manner of storing particular data concerning a DNS zone or host (e.g., A-Record, AAAA Record, and CNAME).

2.12.Scheduled Maintenance’ means maintenance and/or upgrades to Dyn’s systems or networks conducted (i) within Dyn’s regular maintenance windows or (ii) no less than forty-eight hours of receiving electronic notice from Dyn of such

Page 1 of 7

PRODUCT SPECIFIC TERMS AND CONDITIONS

TM & IPM PACKAGES V 1.1 (CARAHSOFT RESELLER PROGRAM)

maintenance and/or upgrades, which such notice may be provided via web-posting on dynstatus.com or such other website that Dyn may designate from time-to-time.

2.13.Updated Records’ means a complete, updated set of resource records received by Dyn for one or more properly delegated Client zones that are the subject of a DNS NOTIFY request received by Dyn.

2.14.Usage Component’ means any component of the services included in the Dyn IPM Packages that is offered on a per unit basis, which includes, but is not limited to, QPS, domains, Resource Records, hostnames, Traffic Directors, Internet Intelligence Users, IP Prefixes being monitored, Internet-Alerts, etc.

3.DYN TM AND IPM PACKAGES

3.1.TM and IPM Packages. “TM and IPM Packages” are platform bundles of Dyn’s services, including Managed DNS and Internet Intelligence services, and consist of Basic Traffic Management, Plus Traffic Management, Lite IPM, Advanced IPM, Professional IPM, and Premium IPM. The specific services and Usage Component allotments of the various TM and IPM Packages are more fully detailed on the Order as well as the subscription management page available through https://portal.dynect.net.

3.2.Managed DNS Services. “Managed DNS Services” refers to authoritative DNS services whereby assigned portion(s) of Dyn’s Nameserver Infrastructure respond to DNS queries on Client’s behalf, as well as related technical support services and the add-on services described below.

3.3.Internet Intelligence. “Internet Intelligence Services” refers to Dyn’s web-based Internet performance analysis tool providing data on the global Internet BGP routing infrastructure and Real User Monitoring (RUM) performance. Internet Intelligence provides a real-time status dashboard measuring availability, reachability, and performance for a user’s selected cloud service provider(s), CDN provider(s) and data center IP assets. Internet Intelligence allows users to compare cloud providers and CDNs by location for markets across the world.

3.4.Add-On Services for TM and IPM Packages: The following “Add-On Services” may be included in a TM or IPM Package or may be purchased separately from, but to be used solely in conjunction with, the services included in a TM or IPM Package:

3.4.1.Traffic Director. “Traffic Director” is an add-on service for use in conjunction with Dyn’s Managed DNS Service whereby Client may configure Dyn’s responses to DNS queries received on the NI for the applicable hostname using traffic management methodologies, which may include the following:

(i)High Availability: High Availability is a traffic management methodology whereby DNS queries received on the NI for the applicable hostname are responded to using a Client designated, default resource, unless that default resource is unavailable; in which case, such queries will be responded to using an alternate Client designated resource.

(ii)Ratio Load Balancing: Ratio Load Balancing is a traffic management methodology whereby DNS queries received on the NI for the applicable hostname are responded to using Client designated Resource Records and supported, response-ratio configurations made by Client in the Dyn web-based management portal and/or the Dyn API.

(iii)Geolocation Load Balancing: Geolocation Load Balancing or ‘GLB’ is a traffic management methodology whereby responses to DNS queries for the applicable hostname received on the NI will be based on (a) the geographic region from where Dyn believes the DNS queries to have originated and (b) Client designated resources for said geographic region. Dyn determines the geographic origin of DNS queries based on third party

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mapping and sourcing technology, and as such, Dyn does not make any representations or warranties regarding the accuracy of such determinations.

(iv)Active Failover. “Active Failover” s a traffic management methodology whereby Dyn will: (a) monitor Client’s A Records; (b) cease responding to any DNS Query with an A Record that Dyn has determined to be malfunctioning; and (c), where Dyn has determined an A Record to be malfunctioning, respond to such DNS Query with an A Record that Client has designated for use in such circumstances.

3.4.2.Query Log Delivery. Dyn will periodically provide Client with query logs generated as a result of Client’s and its end users’ use of Managed DNS under the applicable Order (“Client Query Logs”), and Dyn grants Client a non- exclusive, non-sub-licensable right to use Client Query Logs provided by Dyn to Client, but solely for Client’s legitimate, internal business purposes.

3.4.3.Private Pool with Vanity Nameservers. Dyn will provide Client with a set of up to four (4) of nameserver hostnames and corresponding IP addresses that will be solely reserved for the use by Client in connection with and throughout the term of the applicable Order. The nameserver hostnames may be designated by Dyn or by Client; however, the corresponding IP addresses shall be designated by Dyn, and Dyn reserves the right to modify said IP addresses from time to time, in its sole discretion.

3.4.4.Internet Alerts

3.4.4.1.Internet- Routing. Dyn’s Internet Alerts – Routing provide a variety of alerts over a published API or via pre-set email addresses to help Client continuously monitor the health of selected Internet routes including the following types of alerts: Route Hijacks, Hijacked Subnetworks, Route Outages, Newly Routed Prefixes, Newly

Routed Sub-prefixes, New Upstream Autonomous System Numbers, New Autonomous System Number Originations.

3.4.4.2.Internet Alerts – Performance. Dyn’s Internet Alerts – Performance provide route performance information over a published API for business critical endpoint IP addresses. Client can identify the key locations on the Internet that are to be monitored. Client may set thresholds for latency and packet loss to a target, generating alerts for three types of events including: end to end connectivity – when measurements fail to reach the target, latency deterioration: when a fixed millisecond threshold (e.g. 200ms) is exceeded, and packet loss: when packet loss exceeds a percentage threshold (e.g. 40%).

3.4.5.Internet Intelligence – Custom Vantage Point. Internet Intelligence – Custom Vantage point is an add-on feature, which is purchased separately from, but for use in conjunction with, one of the Internet Intelligence product suite services. Custom Vantage Point allows Client to add a specific vantage point into Dyn’s global monitoring infrastructure. Dyn will deploy a virtual machine instance that is loaded remotely at the location specified by Client, and that vantage point will collect Internet performance data from worldwide endpoints and provide the data into the applicable Internet Intelligence product suite service.

3.4.6.QuickStart Implementation. Dyn will provide training and implementation assistance to Client for up to the specified period of time and up to the number of Client representatives set forth in the applicable Order; however, if the Order does not specify the duration of the QuickStart training and implementation assistance or the number of Client representatives that are permitted to receive such assistance, then the duration and/or number of permitted Client representatives shall be determined by Dyn, in its reasonable discretion. Any purchased QuickStart training must be performed within 60 days of the Effective Date set forth in the Order. If Dyn agrees, in its sole discretion, to perform such training onsite, Client shall reimburse Dyn for all travel expenses incurred by Dyn in connection with such onsite training.

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3.4.7.Other. To the extent any other Add-On Services are included on an Order but not referenced herein, they are those services described in the applicable Product Specific Terms and Conditions.

4.EXCESS USAGE; RENEWAL UPGRADES; USAGE CALCULATION.

4.1.Excess Usage. If a Client subscribed to a Basic Traffic Management or Lite IPM package exceeds the limits for any applicable Usage Component specified in their Order, then Client shall incur additional monthly charges for such excess usage in accordance with the terms of the Agreement and at the rates specified in the applicable Order. If there is not a specified usage limitation for a particular Usage Component, then the usage limitation for that Usage Component shall be deemed to be zero (0), any use of such Usage Component shall be deemed to be excess usage, and Client will incur additional monthly charges (i.e., overage fees) for such excess usage in accordance with the terms of the Agreement and at the rates specified in the applicable Order. Notwithstanding the foregoing, if the applicable Order does not specify the rates (i.e., the additional monthly charge) that are to apply to such excess usage, then the rates for such excess usage shall be Dyn’s then current list overage fees, which may be provided upon written request.

4.2.Renewal Upgrades. Clients subscribed to Plus Traffic Management, Advanced IPM, Professional IPM, or Premium IPM packages will not be subject to any excess usage calculations as set forth in Section 4.1 during the Initial Term, or any subsequent Renewal Term provided that upon renewal of an Order, Client’s Scope of Services will automatically increase to the IPM Package that best corresponds to Client’s highest Usage Component consumption in the three months immediately preceding the renewal date. If a Client subscribed to Premium IPM exceeds limits on Usage Components in the three months immediately preceding the renewal date, Client and Dyn will enter into good faith negotiations to determine the appropriate scope of services for Client. Renewal upgrades may not cause Client’s subscription to fall below Client’s then-current TM or IPM Package. For the avoidance of doubt, references herein to a “month” refer to an applicable monthly usage cycle.

4.3.QPS Usage Calculations. For Managed DNS, Dyn calculates QPS usage using the 95th percentile billing method.

5.OWNERSHIP, RESTRICTIONS

5.1.Dyn Data’ means all information, data and specifications provided by Dyn through the Services described herein.

5.2.As between the Parties, Dyn shall own and retain all rights, title and interest in and to Dyn Data. Client may analyze and use Dyn Data solely for its internal business purposes.

5.3.Dyn Data is Dyn’s Confidential Information. Accordingly, Client may not disclose Dyn Data to any third party without Dyn’s prior written consent in each instance, which Dyn is under no obligation to provide. In the event that Dyn consents to Client’s disclosure of Dyn Data, Client will provide Dyn with reasonable attribution for any disclosure or publication of the Dyn Data. Dyn will have no liability to any third party to which Client discloses any Dyn Data (whether with Dyn’s consent or in violation of this Agreement), including without limitation any operator of a third party measurement target.

5.4.Unless otherwise expressly permitted under this Agreement, Client may not sell, re-sell, distribute, transmit, display, disclose, divulge, reveal, report, publish or transfer the Service or the Dyn Data to any third party or reproduce or create derivative works based upon the Service or Dyn Data, or any portion thereof, without the express permission of Dyn. Notwithstanding the foregoing, Client may (i) incorporate reasonable portions of Dyn Data as part of conference presentations and press releases for promotional purposes and (ii) disclose reasonable portions of the Dyn Data solely in connection with the aforementioned purpose (collectively, the “Promotional Rights”); however, if Dyn determines, in its sole discretion, that Client incorporates or discloses more than a reasonable portion of Dyn Data, Dyn may revoke the Client’s Promotional Rights by providing Client with written notice of such revocation.

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5.5.Client will not reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services.

6.DISCLAIMERS.

THE SERVICES DESCRIBED HEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE”. DYN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES DESCRIBED HEREIN, INCLUDING ANY WARRANTY OR GUARANTEE THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR ERROR FREE. EXCEPT TO THE EXTENT PERMITTED BY LAW, DYN DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

7.SERVICE LEVELS

7.1.Applicability of Service Levels.

Dyn offers the following service levels and features in connection with its TM and IPM Packages:

 

 

NI Outage

PI Outage

Support

Priority

Propagation

 

 

SLA

SLA

Outage

Queuing*

Outage

 

 

 

 

SLA

 

SLA

Basic Traffic Management and Lite

√√

√√

 

 

 

IPM (Managed DNS)

 

 

 

 

 

 

 

 

Plus Traffic Management,

 

 

 

 

 

Advanced

IPM and Professional

√√

√√

√√

√√

 

IPM (Managed DNS with Gold

 

 

 

 

 

 

Support)

 

 

 

 

 

 

Premium

IPM (Managed DNS with

√√

√√

√√

√√

√√

Platinum

Support)

 

 

 

 

 

*See Section 8 (Technical Support) for more information regarding priority technical support queuing.

7.2.Service Levels Defined.

7.2.1.‘NI Outage’ shall mean:

(a)For Managed DNS, a period when the Dyn NI fails to respond to DNS queries for more than thirty (30) consecutive seconds, or

(b)For Managed DNS with Gold or Platinum Support, a period when the Dyn NI fails to respond to DNS queries for more than fifteen (15) consecutive seconds.

7.2.2.‘PI Outage’ shall mean:

(a)For Managed DNS, a period when the Dyn PI is unavailable for more than six (6) hours out of any thirty (30) day period, or

(b)For Managed DNS with Gold or Platinum Support, a period when the Dyn PI is unavailable for more than four (4) hours out of any thirty (30) day period.

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7.2.3.“Support Outage” shall mean a failure by Dyn to respond to a properly submitted Gold or Platinum Support ticket, whichever the case may be, within the amount of time specified in Section 8 (Technical Support) below.

7.2.4.‘Propagation Outage’ means a failure by Dyn to achieve an average (i.e., mean) Propagation Latency of fifteen (15) minutes in any given month.

7.3.Exclusion from Outages.

Notwithstanding any other term in herein, any errors, delays, downtime or unavailability of the services resulting from one or more of the Exclusions shall be excluded from the calculus for determining whether an Outage occurred, and an Outage shall not be deemed to have occurred where any errors, delays, downtime or unavailability results from one or more of the Exclusions.

The term “Exclusions” refers to the following acts, omissions, event and circumstances: (i) the suspension and/or termination of the Services as described in the MSA and/or the AUP; (ii) any actions or inactions of you or any third party; (iii) Client’s or its representatives’ or end users’ failure to comply with the terms and conditions of this Agreement,

(iv)any failure to comply with the usage limits set forth in the applicable Order; (v) any inaccurate or insufficient

information or configurations provided or set by Client or its representative(s) or Authorized Users; (vi) Client’s or its representatives’ or end users’ failure to use all four DNS nameserver hostnames provided by Dyn; (vii) any misuse of the Services; (viii) any errors, delays, downtime or unavailability resulting from any Client or third-party equipment, application programing, software, systems or networks; (ix) any network unavailability outside of the NI or PI; (x) any malicious acts by a third party against Client or against its end users, agents or suppliers; (xi) with regards to Support Outage, Client attempts to contact/submit a support ticket to Dyn outside of the specified support hours; (xii) Scheduled Maintenance or Emergency Maintenance; (xiii) any acts of terrorism, cyber terrorism or God, or any other event of force majeure; or (xiv) any other events or circumstances that are outside of Dyn’s reasonable control (collectively, the “Exclusions”).

For the avoidance of doubt, NI and PI Outages apply to Dyn’s Managed DNS Services, excluding Internet Intelligence or Add-On Services.

7.4.Notification, Determination & Credits.

7.4.1.Notification of Potential Outage Event. When Client becomes aware of a potential Outage, Client shall open a support ticket in Dyn’s support ticket system as soon as is practicable, but in no case more than five

(5) calendar days after the event.

7.4.2.Determination Regarding Existence of Outage Event. Dyn, based upon its records and data, shall have the power to determine, in its sole discretion, whether any Service disruption constitutes an Outage.

7.4.3.Determination of Credits Due to Client. Upon receipt of said support ticket, Dyn shall take reasonable commercial steps to determine whether an Outage occurred and thus whether Client may be eligible to receive Credit(s). For each separate and distinct event to which an Outage relates, Dyn will issue the following credits:

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Plus Traffic Management, IPM Advanced,

IPM Professional, and IPM Premium

NI Outage Length

Credit(s)

15 sec. – 5 min.

1

5:01 min. – 4 hrs.

7

More than 4 hrs.

30

 

PI Outage Length

 

Credit(s)

 

4 hrs. – 8 hrs.

 

1

 

8:01 hrs. – 12 hrs.

3

 

More than 12 hrs.

7

 

Support Outages

 

Credit(s)

 

Per event

 

1

 

 

 

 

 

 

IPM Premium

 

 

 

Propagation Outage

 

Credit(s)

 

Per month

 

7

Basic Traffic Management and IPM Lite

NI Outage Length

Credit(s)

30 sec. – 5 min.

1

5:01 min. – 4 hrs.

7

More than 4 hrs.

30

PI Outage Length

Credit(s)

6 hrs. – 8 hrs.

1

8:01 hrs. – 12 hrs.

3

More than 12 hrs.

7

7.4.4.Application of Credits to Client’s Account. Credit(s) due to Client shall: (1) not exceed thirty (30) in any one month period; (2) be applied to Client’s Account by crediting the value of the Credit(s) against Client’s next charge or invoice.

8.TECHNICAL SUPPORT

8.1.Standard Support. Dyn will use commercially reasonable efforts to make a member of its technical support staff available to respond to questions and/or concerns about the Services in accordance with the technical support schedule located at dyn.com/services.

8.2.Gold Support. If Client’s TM or IPM Package includes Dyn Gold Level Support, Dyn will use commercially reasonable efforts to (i) make a member of its technical support staff available to respond to questions and/or concerns about the Services in accordance with the technical support schedule referenced in section 8.1, (ii) provide Client with priority technical support queuing over Standard Support clients, and (iii) provide Client with optional, annual state-of-account reviews. Dyn will use commercially reasonable efforts to respond to a properly submitted Gold Support ticket related to an Outage within one (1) business hour (see the technical support schedule referenced in Section 8.1) of receiving said ticket.

8.3.Platinum Support. If Client’s IPM Package includes Dyn Platinum Support, Dyn will use commercially reasonable efforts to (i) make a member of its technical support staff available to respond to questions and/or concerns about the Services in accordance with the technical support schedule set forth in Section 8.1, (ii) provide Client with priority technical support queuing over Standard Support and Gold Support clients, (iii) optional weekly check-ins, and (iv) optional, quarterly state-of-account reviews. Dyn will use commercially reasonable efforts to respond to a properly submitted Platinum Support ticket related to an Outage within thirty (30) minutes of receiving said ticket.

9.MISCELLANEOUS

9.1.The provisioning of Credits in accordance with the terms of these Product Terms shall be Client’s sole and exclusive remedy should Dyn fail to meet any of the service levels described herein.

9.2.These Product Terms do not apply to Dyn TLD services.

9.3.For the avoidance of doubt, references to Managed DNS shall not be deemed to be references to Managed DNS Express.

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PRODUCT SPECIFIC TERMS AND CONDITIONS

DYN RUM PRODUCT

1.INTRODUCTION.

These Product Specific Terms and Conditions are entered into by and between Dyn and Client, and are incorporated into the Agreement entered into by and between the same.

2.GENERAL DEFINITIONS.

2.1.RUM Data Feed’ or ‘RUM Product’ means the cloud-based analytics tool provided by Dyn that delivers RUM Data to Client via the RUM Data Portal and/or the Dyn RUM API.

2.2.RUM Beacon’ means the software code installed on a Site in order to communicate with Dyn and execute tests within the browsers of Visitors. The tests measure network availability and performance to various endpoints, as agreed to between the parties.

2.3.Site’ means any webpage, mobile application, or other web property under Client’s control that has deployed a RUM Beacon that sends data to Dyn.

2.4.RUM Data’ means all information and data provided by Dyn to Client through the Rum Product, including Performance Visualizations and Performance Data.

2.5.Visitors’ means visitors to Client’s Sites.

2.6.Performance Data’ means the representation of the observed RUM Beacon test results (including observed availability and performance of various targets to user populations) annotated with proprietary meta-data, including but not limited to, geo-location and originating network.

2.7.Performance Visualizations’ mean static images and dynamic web content portraying the observed availability and performance of various targets to user populations, as well as direct comparisons of the availability and performance of the competing targets to user populations.

2.8.‘RUM Data Portal’ means the web application made available by Dyn where Client may view and interact with RUM Data.

3.LICENSE GRANT, RESTRICTIONS

3.1.Software and Product License. Subject to the terms and conditions of this Agreement, Dyn grants to Client a non- exclusive, non-transferable, non-sublicenseable, limited term license to install, copy and use the RUM Beacon solely as necessary for Client to use the RUM Product, and to otherwise use the RUM Product for internal business purposes during the Term.

3.2.RUM Data License. Subject to the terms and conditions of this Agreement, including the restrictions set forth in Section 3.3 below, Dyn grants to Client a non-exclusive, non-transferable, non-sublicenseable, license to use, copy, or make derivative works of the RUM Data during the Term.

3.3.Restrictions. Client agrees that it will not disclose or transmit the RUM Data, or any derivatives thereof, to third parties without the express written consent of Dyn, provided that Client may display limited sets of reproductions of Performance Visualizations to Content Delivery Network (“CDN”) providers in connection with Client’s contract

PRODUCT SPECIFIC TERMS AND CONDITIONS

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negotiations with those CDN providers. Client further agrees that it will not (and will not allow any third party to) (i) copy, modify, adapt, translate or otherwise create derivative works of the RUM Products or the RUM Beacon except as expressly provided herein; (ii) reverse engineer the RUM Product; (iii) rent, lease, sell, assign or otherwise transfer rights in or to the RUM Product or the RUM Data; (iv) use the RUM Product or RUM Data to help develop any products, without Dyn’s prior written approval; (v) remove any proprietary notices or labels on the RUM Product or RUM Data; or (vi) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the RUM Product or the RUM Beacon.

4. Ownership, Confidentiality.

4.1.As between the Parties, Dyn shall own and retain all rights, title and interest in and to the RUM Product and RUM Data.

4.2.RUM Data is Dyn’s Confidential Information. Except as explicitly provided for in Section 3.3, Client may not disclose RUM Data to any third party without Dyn’s prior written consent, which Dyn is under no obligation to provide. In the event that Dyn consents to Client’s disclosure of RUM Data, Client will provide Dyn with reasonable attribution for any disclosure or publication of the RUM Data.

5.BILLING AND USAGE

5.1.Fees. Fees for Dyn’s RUM Product services are calculated on a per-license basis.

5.2.Excess Usage. If Client exceeds the license limits specified in an Order, then Client may at Dyn’s discretion incur additional monthly charges for such excess usage in accordance with the terms of this Agreement and at the rates specified in the applicable Order. Notwithstanding the foregoing, if the applicable Order does not specify the rates that are to apply to such excess usage (e.g., overage fees), then the rates for such excess usage shall be the per-license rates specified in the Order.

6. Client Obligations.

6.1.Client agrees it will comply with all applicable laws, policies, and regulations relating to the collection of information from Visitors, including obtaining any necessary consents from Visitors, and it will not (nor will it allow any third party to) use the RUM Product to track or collect any data that personally identifies an individual (such as a name or physical address) unless it has obtained any necessary consents from Visitors.

6.2.Client will institute, publish, and abide by an appropriate privacy policy in connection with its Sites. This privacy policy must adequately disclose to Visitors that Client uses web beacons in connection with its Sites and how those web beacons are used to collect and process data.

7.DISCLAIMER.

7.1.Disclaimer. WITHOUT LIMITING ANY OF THE GENERALITY OF ANY DISCLAIMER SET FORTH IN THESE PRODUCT TERMS OR THE MSA, DYN DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE COMPLETENESS, ACCURACY OR SUITABILITY OF THE SERVICES OR RUM DATA, AND DYN HEREBY DISCLAIMS ALL SUCH WARRANTIES, BOTH EXPRESS AND IMPLIED. DYN SHALL HAVE NO LIABILITY RESULTING FROM CLIENT’S USE OF OR RELIANCE UPON THE SERVICES OR RUM DATA. ANY USE OR RELIANCE BY CLIENT OF THE SERVICES OR RUM DATA WILL BE AT CLIENT’S DISCRETION AND SOLE RISK, AND CLIENT WILL BE SOLELY RESPONSIBLE FOR THE RESULTS OF SUCH ACTIONS.

8.MISCELLANEOUS.

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8.1.Capitalized terms not otherwise defined herein shall have the same meaning ascribed to them in the Master Services Agreement or the applicable Order(s) that are associated with these Product Specific Terms and Conditions.

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