Global Crossing Content Delivery Network Services (Powered by Limelight Networks) SERVICE TERMS AND SLA FOR CONTENT DELIVERY NETWORK SERVICES Global Crossing Content Delivery Network Services. These are the service terms and service level agreement for Global Crossing’s Content Delivery Network Services (the “Services” or “CDN Services”) which apply to CDN Services powered by Limelight Networks in addition to the terms of any Master Services Agreement, Carrier Services Agreement or other Global Crossing master agreement (in each case a “Master Agreement”) executed by the Customer. Initial capitalized terms not defined in these terms and conditions have the meanings given to them in the Master Agreement. 1 Description of Service 1.1 The following services are available as part of Global Crossing’s Content Delivery Network Services powered by Limelight Networks Inc. 1.2 Content Delivery: Provides HTTP/web distribution of all digital media formats. Digital media files such as video, music, graphics, and software are delivered with full fidelity (no packet loss) from Global Crossing content delivery locations directly to the end user/viewer/consumer’s IP-connected computer or device. a) MediaVault - Security offering for Content Delivery and Streaming Media customers that use a CDN-speed content protection mechanism that securely associates digital media or stream locations (URLs) with authorized viewers. b) Exchange - Web-based management and reporting console. c) Logs - Raw logs (standard or live) for customer use/analytics. d) Digital Storage - Performance offering for content delivery and on-demand streaming media customers which places customer’s origin or source content directly on the content delivery network. Also called Origin. e) Content Control - Performance management offering that allows the Customer to throttle or limit digital media delivery download rate. f) Geo-Compliance - Security offering that allows Customer to assess specific geographic location of content request prior to fulfilling delivery request. g) Traffic Distributor - Service management option that allows Customer to designate and control traffic requests divided amongst multiple content delivery networks. h) API - Programmatic interface to CDN Services and reporting. i) Large Library Optimization – Delivery optimization for libraries with a moderate number of very large files and/or a very large number of small files. j) Sub-reports – Creation of custom reports for specific files and/or directories k) Content Management – Provides the Customer the ability to manage its files, including searching, categorizing and management of content more effectively. l) Encoding and Transcoding - Available through a third party subcontractor. © Global Crossing. Rev: Apr 2009 Page 1 of 9 Global Crossing Content Delivery Network Services (Powered by Limelight Networks) 1.3 Media Streaming: Provides on-demand and/or live streaming for all major formats including Windows Media, Flash, QuickTime, Real, and MP3. Streaming differs from HTTP-based content delivery in that files are not cached or stored on the viewer’s computer (with transmittal of a file typically at a greater speed/rate than playback rate), but rather are directly received and played by media player software in real-time. a) Supported Formats - Windows Media (Live and on-demand), Flash (On-demand only), QuickTime (On- demand only), Real (On-demand only), MP3. b) MediaVault - Security offering for content delivery and streaming media customers that use a CDN-speed content protection mechanism that securely associates digital media or stream locations (URLs) with authorized viewers. Not available for Flash on-demand c) Exchange - Web-based management and reporting console. d) Logs - Raw logs (standard or live) for customer use/analytics. Live logs only available for Windows Media e) Digital Storage - Performance offering for content delivery and on-demand streaming media customers which places customer’s origin or source content directly on the content delivery network. Also called Origin. a. Content Control - Performance management offering that allows Customer to throttle or limit digital media delivery download rate. b. Geo-Compliance - Security offering that allows Customer to assess specific geographic location of content request prior to fulfilling delivery request. Not available for Flash on-demand c. Traffic Distributor - Service management option that allows Customer to designate and control traffic requests divided amongst multiple content delivery networks. d. API - Programmatic interface to CDN Services and reporting. e. Large Library Optimization – Delivery optimization for libraries with a moderate number of very large files and/or a very large number of small files f. Sub-reports – Create custom reports for specific files and/or directories g. Content Management – Provides the Customer with the ability to manage its files, including searching, categorizing and management of content more effectively. h. Encoding and Transcoding - Available through a third party subcontractor. 1.4 Detail of the specific CDN Services ordered by Customer (including any ancillary services) together with the Pricing Model selected and all charges applying to the CDN Services, will be set out in an Order Form or Statement of Work (in either case a “Service Order”) executed by Customer and Global Crossing. 1.5 Pricing Models. Two pricing methodologies are supported, as follows: 1.5.1 Mbps 95th Percentile a. Measurement. Global Crossing’s SNMP bandwidth monitoring will sample the inbound and outbound traffic for each Service connection every 5 minutes (i.e., record a data point reflecting how much bandwidth Customer is utilizing at that particular instance) and store those samples for a month. At the end of each month, all the data samples for the inbound and outbound traffic will be collated and sorted from highest to lowest individually. The highest 5% of each the inbound and outbound traffic is discarded, and the next highest remaining data sample on either the inbound or outbound traffic is the “95th Percentile” number. This number will then be used as the basis for computation of charges for that particular month of CDN Services. b. Example. Global Crossing gathers all data samples for the month of Service and sorts them from highest to lowest discarding the top 5%. For purpose of this example assume the 95th Percentile for the month in question was 75 Mbps. Global Crossing will bill Customer for the charge of 75 Mbps based on the following formula (assumes a thirty day month): 1 Sample (5 Min) X 12 (per hour) X 24 (hours in a day) X 30 (days in the month) = 8,640 Maximum Total Samples/Month. So five percent (5%) of 8640 Maximum Samples/Month = 432 Samples/Month discarded. The highest remaining data sample in the inbound or outbound traffic would be the 95th Percentile. 1.5.2 Gigabyte (GB) Transfer © Global Crossing. Rev: Apr 2009 Page 2 of 9 Global Crossing Content Delivery Network Services (Powered by Limelight Networks) a. Measurement. Global Crossing shall invoice Customer based upon the total amount of Gigabytes (“GB”) of data transferred using the CDN Services, multiplied by the price per GB as agreed and set out in the Service Order. The amount of GBs transferred will be calculated (using 1,000,000,000 bytes as the definition of a GB). Customer traffic for purpose of invoicing will include all ingress and egress traffic related to the CDN Services. 1.6 Traffic Spikes. A traffic spike is defined as any increase or decrease (planned or unplanned) that is reasonably determined by Global Crossing to be greater than fifty percent (50%) of Customer’s average traffic for that time period (day/week/month). Global Crossing will determine its incremental charges caused by traffic spikes and shall have the right to invoice the Customer for those incremental charges. Customer should notify Global Crossing in advance of any anticipated traffic spikes. In order to maintain the quality of the Service for all users, if Global Crossing detects a spike, Global Crossing reserves the right to notify Customer and, in the absence of any commitment from Customer to alleviate the spike within four hours of such notice, to suspend the provision of the Service. 2 Service Terms 2.1 Customer acknowledges that Global Crossing may subcontract the provision of some or all elements of the CDN Services to Global Crossing’s subcontractor; Limelight Networks, Inc. Notwithstanding the foregoing, Global Crossing shall remain responsible to Customer for the provision of the CDN Services in accordance with these terms and conditions. In the event that Global Crossing’s contract with Limelight Networks Inc. expires or is terminated, either Customer or Global Crossing shall have the right to terminate the CDN Services upon written notice to the other. The CDN Services are provided to Customer for its own internal use only; resale of the CND Services is prohibited. 2.2 Customer is solely responsible for all content displayed, made available, published, disseminated, transmitted or otherwise distributed by Customer using, or accessible by or to third parties arising from Customer’s use of, the CDN Services, including but not limited to HTTP, streaming media and application content and including any third party or Customer content, identified to Global Crossing to be sent or received using the CDN Services, and/or content hosted or cached by Global Crossing at the direction of Customer (collectively “Customer Materials”). Customer acknowledges