Common use of Network Availability Clause in Contracts

Network Availability. Network availability is defined as the Companyʼs networkʼs ability to pass incoming and outgoing TCP/IP traffic. A serverʼs unavailability caused by network unavailability is not included in server uptime. Interruptions of service due to problems on the backbone or on the Customerʼs portion of the network are beyond the Companyʼs control and are not included in uptime calculations. Interruptions of service caused by denial of service or similar attacks are beyond the Companyʼs control and are not included in uptime calculations.

Network Availability. Network availability is defined as the Companyʼs networkʼs Company network’s ability to pass incoming and outgoing TCP/IP traffic. A serverʼs Servers unavailability caused by network unavailability is not included in server uptimeuptime if such network unavailability is caused by factors beyond the Company’s control. Interruptions of service due to problems on the backbone or on the Customerʼs portion of the customer’s desktop or network are beyond the Companyʼs control and are not included in uptime calculationsCompany’s control. Interruptions of service caused by denial of service or similar attacks are beyond the Companyʼs Company’s control and are not included in uptime downtime calculations.