Exclusions and Exceptions to Downtime. Notwithstanding anything in this Exhibit C or otherwise in this Agreement, IGLOO shall not be responsible for Downtime in the Hosted Service or any other failure to achieve Availability that is caused by: (a) unavailability or delay in performance of Internet networks controlled by entities other than IGLOO or traffic exchange points that are controlled by entities other than IGLOO; (b) unavailability or delay in any connections or equipment of Customer or any Named User which are not IGLOO-managed and are used by Customer or such Named User to access the Hosted Service; (c) where the Hosted Service is unavailable or delayed as a result of the negligence or acts or omissions of Customer, its employees, contractors, agents or its Named User, including Customer’s breach of this Agreement or acts or omissions of a Named User that would constitute breach of this Agreement; (d) where the Hosted Service is unavailable or delayed as a result of Customer’s or Named Users’ software or hardware or third party software or hardware, or both; (e) features designated as “Alpha” or “Beta” (unless otherwise agreed to by the parties in writing); or (f) where the Hosted Service is unavailable or delayed as a result of Force Majeure, including, but not limited to, denial of service attack or other malicious or unwanted attack.
