Common use of Service Availability Warranty Clause in Contracts

Service Availability Warranty. Provider will use commercially reasonable efforts to achieve the level of performance guaranteed for each Service (“Service Availability Warranty”), as further defined in each applicable Service Schedule. Any period where a particular Service is unavailable but such unavailability is caused by or associated with any of the following shall not be considered a Service Outage: (i) any circumstance beyond Provider’s reasonable control, including but not limited to a failure or error in a device or hardware not provided by Provider, denial of service or similar attacks, mail bombs, DNS resolution, domain name expiration, hardware failure, Internet unavailability, power failure, Your act or omission, Your portion of the network, IP transit provider issues, SYN attacks or any other Force Majeure event; (ii) any unavailability related to the replacement or repair of customer premises equipment; (iii) any issues related to a Third-Party Supplier; or (iv) any scheduled and emergency maintenance (“Collectivelly the “Service Outage Exclusions”). Also, any period of unavailability lasting less than five (5) consecutive minutes shall not be considered a Service Outage.

Service Availability Warranty. Provider SherWeb will use commercially reasonable efforts to achieve the level of performance guaranteed for each Service (“Service Availability Warranty”), as further defined in each applicable Service Schedule. Any period where a particular Service is unavailable unavailable, but such unavailability is caused by or associated with any of the following following, shall not be considered a Service Outage: (i) any circumstance beyond ProviderSherWeb’s reasonable control, including but not limited to a failure or error in a device or hardware not provided by ProviderSherWeb, denial of service or similar attacks, mail bombs, DNS resolution, domain name expiration, hardware failure, Internet unavailabilityavailability, power failure, Your act or omission, Your portion of the network, IP transit provider issues, SYN attacks or any other Force Majeure event; (ii) any unavailability related to the replacement or repair periods of time where customer premises equipmentequipment is being replaced or repaired; (iii) number porting, whether inbound or outbound; (iv) any issues related to a Third-Third Party Supplier; or (ivv) any scheduled and emergency maintenance (“Collectivelly collectively the “Service Outage Exclusions”). Also, any period of unavailability lasting less than five (5) consecutive minutes shall not be considered a Service Outage.

Service Availability Warranty. Provider Buzinessware will use commercially reasonable efforts to achieve the level of performance guaranteed for each Service (“Service Availability Warranty”), as further defined in each applicable Service Schedule. Any period where a particular Service is unavailable unavailable, but such unavailability is caused by or associated with any of the following following, shall not be considered a Service Outage: (i) any circumstance beyond Provider’s BusinessWare's reasonable control, including but not limited to a failure or error in a device or hardware not provided by ProviderBuzinessware, denial of service or similar attacks, mail bombs, DNS resolution, domain name expiration, hardware failure, Internet unavailabilityavailability, power failure, Your act or omission, Your portion of the network, IP transit provider issues, SYN attacks or any other Force Majeure event; (ii) any unavailability related to the replacement or repair periods of time where customer premises equipmentequipment is being replaced or repaired; (iii) number porting, whether inbound or outbound; (iv) any issues related to a Third-Third Party Supplier; or (ivv) any scheduled and emergency maintenance (“Collectivelly collectively the “Service Outage Exclusions”). Also, any period of unavailability lasting less than five (5) consecutive minutes shall not be considered a Service Outage.