Common use of LIABILITY DISCLAIMER AND LIMITATION Clause in Contracts

LIABILITY DISCLAIMER AND LIMITATION. Any liability on the part of Host Europe GmbH for non-compliance with the service level shall be given only if Host Europe GmbH was responsible for the non-compliance. In particular, Host Europe GmbH shall not be liable for: • Downtimes for which Host Europe GmbH is not directly responsible, in particular external DNS and routing problems, attacks on the network and/or e-mail infrastructure of Host Europe GmbH (DDoS/viruses) and downtimes of parts of the Internet outside the control of Host Europe GmbH, which may lead to erroneous measurements of the customer. • Downtimes for which the customer is at fault, in particular downtime caused by incoming / outgoing hacker attacks (DDoS) due to faulty or inadequate maintenance of the customer’s own hardware and software. • Downtimes based on the fact that the customer’s own hardware or software was used or repaired improperly or systems were not installed, operated and maintained according to the guidelines of the manufacturer or Host Europe GmbH. • Downtimes erroneously reported to the customer due to errors with internal or external monitoring services. • Downtimes as a result of maintenance windows of Host Europe GmbH or its suppliers.

LIABILITY DISCLAIMER AND LIMITATION. Any liability on the part of Host Europe GmbH for non-compliance with the service level shall be given only if Host Europe GmbH was responsible for the non-compliance. In particular, Host Europe GmbH shall not be liable for: •  Downtimes for which Host Europe GmbH is not directly responsible, in particular external DNS and routing problems, attacks on the network and/or e-mail infrastructure of Host Europe GmbH (DDoS/viruses) and downtimes of parts of the Internet outside the control of Host Europe GmbH, which may lead to erroneous measurements of the customer. •  Downtimes for which the customer is at fault, in particular downtime caused by incoming / outgoing hacker attacks (DDoS) due to faulty or inadequate maintenance of the customer’s own hardware and software. •  Downtimes based on the fact that the customer’s own hardware or software was used or repaired improperly or systems were not installed, operated and maintained according to the guidelines of the manufacturer or Host Europe GmbH. •  Downtimes erroneously reported to the customer due to errors with internal or external monitoring services. •  Downtimes as a result of maintenance windows of Host Europe GmbH or its suppliers.

LIABILITY DISCLAIMER AND LIMITATION. Any liability on the part of Host Europe GmbH for non-compliance with the service level shall be given only if Host Europe GmbH was responsible for the non-compliance. In particular, Host Europe GmbH shall not be liable for: • - Downtimes for which Host Europe GmbH is not directly responsible, in particular external DNS and routing problems, attacks on the network and/or e-mail infrastructure of Host Europe GmbH (DDoS/viruses) and downtimes of parts of the Internet outside the control of Host Europe GmbH, which may lead to erroneous measurements of the customer. • - Downtimes for which the customer is at fault, in particular downtime caused by incoming / outgoing hacker attacks (DDoS) due to faulty or inadequate maintenance of the customer’s own hardware and software. • - Downtimes based on the fact that the customer’s own hardware or software was used or repaired improperly or systems were not installed, operated and maintained according to the guidelines of the manufacturer or Host Europe GmbH. • - Downtimes erroneously reported to the customer due to errors with internal or external monitoring services. • - Downtimes as a result of maintenance windows of Host Europe GmbH or its suppliers.

LIABILITY DISCLAIMER AND LIMITATION. ‌ Any liability on the part of Host Europe GmbH for non-compliance with the service level shall be given only if Host Europe GmbH was responsible for the non-compliance. In particular, Host Europe GmbH shall not be liable for: • Downtimes for which Host Europe GmbH is not directly responsible, in particular external DNS and routing problems, attacks on the network and/or e-mail infrastructure of Host Europe GmbH (DDoS/viruses) and downtimes of parts of the Internet outside the control of Host Europe GmbH, which may lead to erroneous measurements of the customer. • Downtimes for which the customer is at fault, in particular downtime caused by incoming / outgoing hacker attacks (DDoS) due to faulty or inadequate maintenance of the customer’s own hardware and software. • Downtimes based on the fact that the customer’s own hardware or software was used or repaired improperly or systems were not installed, operated and maintained according to the guidelines of the manufacturer or Host Europe GmbH. • Downtimes erroneously reported to the customer due to errors with internal or external monitoring services. • Downtimes as a result of maintenance windows of Host Europe GmbH or its suppliers.