Common use of NETWORK DOWNTIME Clause in Contracts

NETWORK DOWNTIME. If network downtime occurs due to malfunction of Lightwave’s network, affected Customers are eligible for a credit for each day of disruption. Network downtime is defined as an outage to Lightwave’s network exceeding ten (10) minutes between the hours of 6am and 10pm. Customers will not receive any credit in connection with any network failure or deficiency that is caused by or associated with: a) Circumstances beyond Lightwave’s control including but not limited to: acts of any governmental body, sabotage, war, terrorism, weather, fire, flood, strike, prolonged interruptions to the power grid, frequency interference, radar, cyber attacks, unavailability of or interruption or delay in telecommunica- tions or third party services, failure to obtain supplies, hardware or materials needed to maintain Lightwave’s network. b) Failure of Lightwave’s backbone network to the Internet. c) Scheduled maintenance or emergency maintenance. d) DNS issues outside the direct control of Lightwave Broadband. e) Failure of Customer owned equipment, network, internal wiring, power source, or computers. f) Customer acts or omissions, including without limitation, any negligence, willful misconduct or use of Lightwave’s equipment, network or services in breach of Lightwave’s Acceptable Use Policy, Customer Agreement, or Service Agreement.

NETWORK DOWNTIME. If network downtime occurs due to malfunction of Lightwave’s network, affected Customers are eligible for a credit for each day of disruption. Network downtime is defined as an outage to Lightwave’s network exceeding ten (10) minutes between the hours of 6am and 10pm. Customers will not receive any credit in connection with any network failure or deficiency that is caused by or associated with: a) Circumstances beyond Lightwave’s control including but not limited to: acts of any governmental body, sabotage, war, terrorism, weather, fire, flood, strike, prolonged interruptions to the power grid, frequency interference, radar, cyber attacks, unavailability of or interruption or delay in telecommunica- tions or third party services, failure to obtain supplies, hardware or materials needed to maintain Lightwave’s network. b) Failure of Lightwave’s backbone network to the Internet. c) Scheduled maintenance or emergency maintenance. d) DNS issues outside the direct control of Lightwave Broadband. e) Failure of Customer owned equipment, network, internal wiring, power source, or computers. f) Customer acts or omissions, including without limitation, any negligence, willful misconduct or use of Lightwave’s equipment, network or services in breach of Lightwave’s Acceptable Use Policy, Customer Agreement, or Service Agreement.