IP Transit and Tunnel Services Addendum

Legal Counsel's Note

This is a specialized addendum for your most technically advanced customers. The most critical clause here is Section 2.1, which formally designates the service as "Best Effort." This single statement is your primary defense against performance-related disputes. For IP Transit, guaranteeing latency or packet loss across the public internet is commercially unfeasible and legally risky. By declining to offer a performance SLA and instead tying the service availability only to the physical/virtual port (Section 2.3), you create a clear, defensible, and realistic service commitment. Section 3.3 is also crucial for indemnifying you against damages caused by a customer's incorrect BGP announcements, a real-world operational risk.

Last Updated: [September 8, 2025]

This IP Transit and Tunnel Services Addendum (the "Addendum") applies to all customers who order IP Transit, IP Tunnels (including but not limited to WireGuard / GRE / L2TP), and related network transport services from NCSE NETWORK LTD ("NCSE"). This Addendum supplements the NCSE Master Terms of Service, and together they form the complete service agreement. In the event of any conflict between this Addendum and the Master Terms of Service, the terms of this Addendum shall prevail.

1. Definition of Service

1.1. IP Transit Service: Refers to the service where NCSE provides access to global Internet routes, allowing the customer's Autonomous System Number (ASN) to exchange routes and traffic with the Internet via NCSE's network.

1.2. Network Tunnel Service: Refers to the service where NCSE establishes an encrypted or unencrypted point-to-point virtual connection between two or more network endpoints using a specific protocol.

2. Service Level and Disclaimer

2.1. Best Effort Basis: UNLESS EXPLICITLY AGREED OTHERWISE IN A SEPARATE ENTERPRISE SERVICE AGREEMENT, ALL IP TRANSIT AND NETWORK TUNNEL SERVICES ARE PROVIDED ON A "BEST EFFORT" BASIS.

2.2. No Performance Guarantee: NCSE does not provide any form of guarantee or Service Level Agreement (SLA) for network performance, including but not limited to latency, packet loss, jitter, or specific routing paths. Due to the complexity of the Internet and the uncontrollable nature of transit across third-party networks, actual performance may vary.

2.3. Uptime: The availability of the network port for this service is covered by the 99.5% Uptime SLA defined in the Master Terms of Service. This SLA solely covers the physical or virtual port connecting the customer to NCSE's edge router and does not cover the performance of any external networks.

3. Routing Policy and Customer Responsibilities

3.1. Route Announcements: The Customer agrees to announce only those IP address prefixes that they are legitimately authorized to use. The Customer shall not announce any reserved, private, or unauthorized third-party IP addresses.

3.2. Route Filtering: NCSE will apply reasonable route filtering measures to maintain the stability of the global routing table. However, the Customer remains solely responsible for the accuracy and legitimacy of their route announcements.

3.3. Damages from Improper Announcements: The Customer shall be fully liable for any damages to NCSE or third-party networks resulting from the Customer's incorrect route announcements (such as route hijacking or leaks).

4. DDoS Attack Mitigation

4.1. Protective Measures: NCSE may provide built-in or optional DDoS mitigation services. The purpose of such services is to make a best effort to mitigate the impact of large-scale traffic attacks on the customer's service.

4.2. Mitigation Actions: In the event of a large-scale DDoS attack, and to protect the stability of the overall network, NCSE reserves the right, at its sole discretion, to temporarily direct traffic for the targeted IP address(es) to a null route (blackhole) without prior notice. This action may result in a temporary service interruption for the targeted service.

5. Bandwidth Billing

If the service is billed based on usage, the billing method will be as described on the order page. A common method is "95th Percentile Billing," where inbound and outbound traffic are sampled throughout the month, the top 5% of samples are discarded, and the next highest value becomes the billable bandwidth for that month.