Common use of Uptime Guarantee Clause in Contracts

Uptime Guarantee. In the event of Downtime (as defined below), the monthly fee payable for the Services shall be reduced as follows: 6.1.1. If the Total Downtime in the calendar month is more than seven and seven and two-tenths (7.2) hours, but does not exceed fourteen and four-tenths (14.4) hours, the monthly fee for that month shall be reduced by one-third (33.3%); 6.1.2. If the total Downtime in the calendar month is more than fourteen and four-tenths (14.4) hours, but does not exceed twenty-one and six tenths (21.6) hours, the monthly fee for that month shall be reduced by two-thirds (66.6%); and 6.1.3. If the total Downtime in the calendar month is more than twenty-one and six-tenths (21.6) hours, the monthly fee for that month shall be waived. For the purposes of this Section, Downtime shall mean any interruption of one (1) minute or more in the availability to users of any Web site residing on the Hardware and made available through the Services, only if such interruption is due to either (i) failure by GlobalCenter to manage a server anomaly so as to avoid interruption in Web availability, or (ii) a disruption in the connection between any such server and the Internet. For purposes of this Section, the Internet is deemed to consist of services that commence where GlobalCenter transmits a Client's content to GlobalCenter's carrier(s) at the GlobalCenter border router port(s). Such carriers provide GlobalCenter with private and dedicated bandwidth. GlobalCenter undertakes no obligation for the circuit or link between GlobalCenter's facilities and such carrier's services. If router packet loss is excess of seventy percent (70%) and is sustained for sixty (60) seconds or more, GlobalCenter will classify this an "outage." If an "outage" continues for a time period of more than two (2) minutes, then such outage will be deemed Downtime.

Uptime Guarantee. In the event of Downtime (as defined below), the monthly fee payable for the Services shall be reduced as follows: 6.1.1. If if the Total total Downtime in the calendar month is more than seven and seven and two-tenths two (7.22) hours, but does not exceed fourteen and four-tenths four (14.44) hours, the monthly fee for that month shall be reduced by one-third (33.3%); 6.1.2. If if the total Downtime in the calendar month is more than fourteen and four-tenths four (14.44) hours, but does not exceed twenty-one and six tenths eight (21.6) 8) hours, the monthly fee for that month shall be reduced by two-thirds (66.6%); and 6.1.3. If the total Downtime in the calendar month is more than twenty-one and six-tenths eight (21.6) 8) hours, the monthly fee for that month shall be waived. For the purposes of this Section, Downtime shall mean any interruption of one (1) minute or more in the availability to users of any Web site residing on the Hardware and made available through the Services, only if such interruption is due to either (i) failure by GlobalCenter to manage a server anomaly as agreed in Exhibit II so as to avoid interruption in Web availability, or (ii) a disruption in the connection between any such server and the Internet. For purposes of this Section, . the Internet is deemed to consist of services that commence where GlobalCenter transmits a Client's content to GlobalCenter's carrier(s) at the GlobalCenter border router port(s). Such carriers provide GlobalCenter with private and dedicated bandwidth. GlobalCenter undertakes no obligation for the circuit or link between GlobalCenter's facilities and such carrier's services. If router packet loss is excess of seventy percent (70%) and is sustained for sixty (60) seconds or more, GlobalCenter will classify this an "outage." If an "outage" continues for a time period of more than two (2) minutes, then such outage will be deemed Downtime.

Uptime Guarantee. In the event of Downtime (as defined below), the monthly fee payable for the Services shall be reduced as follows: 6.1.1. If the Total total Downtime in the calendar month is more than seven and seven and two-tenths (7.2) hours, but does not exceed fourteen and four-tenths (14.4) hours, the monthly fee for that month shall be reduced by one-third (33.3%); 6.1.2. If the total Downtime in the calendar calender month is more than fourteen and four-tenths (14.4) hours, but does not exceed twenty-one and six tenths (21.6) hourshorus, the monthly fee for that month shall be reduced by two-thirds (66.6%); and 6.1.3. If the total Downtime in the calendar month is more than twenty-twenty- one and six-tenths (21.6) hours, the monthly fee for that month shall be waived. For the purposes of this Section, Downtime shall mean any interruption of one (1) minute or more in the availability to users of any Web site residing on the Hardware and made available through the Services, only if such interruption is due to either (i) failure by GlobalCenter to manage a server anomaly so as to avoid interruption in Web availability, or (ii) a disruption in the connection between any such server and the Internet. For purposes of this Section, the Internet is deemed to consist of services that commence where GlobalCenter transmits a Client's content to GlobalCenter's carrier(s) at the GlobalCenter border router port(s). Such carriers provide GlobalCenter with private and dedicated bandwidth. GlobalCenter undertakes no obligation for the circuit or link between GlobalCenter's facilities and such carrier's services. If router packet loss is excess of seventy percent (70%) and is sustained for sixty (60) seconds or more, GlobalCenter will classify this an "outage." If an "outage" continues for a time period of more than two (2) minutes, then such outage will be deemed Downtime.

Uptime Guarantee. In the event of Downtime (as defined below), the monthly fee payable for the Services shall be reduced as follows: 6.1.15.1.1. If if the Total total Downtime in the calendar month is more than seven and seven and two-two tenths (7.2) hours, but does not exceed fourteen and four-tenths (14.4) hours, the monthly fee for that month shall be reduced by one-third (33.3%); 6.1.25.1.2. If if the total Downtime in the calendar month is more than fourteen and four-tenths (14.4) hours, but does not exceed twenty-one and six six-tenths (21.6) hours, the monthly fee for that month shall be reduced by two-thirds (66.6%); and 6.1.35.1.3. If the total Downtime in the calendar month is more than twenty-one and six-tenths (21.6) hours, the monthly fee for that month shall be waived. For the purposes purpose of this Section, Downtime shall mean any interruption of one (1) minute or more in the availability to users of any Web site residing on the Hardware and made available through the Services, only if such interruption is due to either (i) failure by GlobalCenter to manage a server anomaly so as to avoid interruption in Web availability, or (ii) a disruption in the connection between any such server and the Internet. For purposes of this Section, the Internet is deemed to consist of services that commence where GlobalCenter transmits a Client's content consent to GlobalCenter's carrier(s) at the GlobalCenter border router port(s). Such carriers provide GlobalCenter with private and dedicated bandwidth. GlobalCenter undertakes no obligation for the circuit or link between GlobalCenter's facilities and such carrier's services. If router packet loss is excess of seventy percent (70%) and is sustained for sixty (60) seconds or more, GlobalCenter will classify this an "outage." If an "outage" continues for a time period of more than two (2) minutes, then such outage will be deemed Downtime.

Uptime Guarantee. In the event of Downtime (as defined below), the monthly fee payable for the Services shall be reduced as follows: 6.1.1. If 6.1.1 if the Total total Downtime in the calendar month is more than seven and seven and two-tenths (7.2) hours, but does not exceed fourteen and four-tenths (14.4) hours, the monthly fee for that month shall be reduced by one-third (33.3%); 6.1.2. 6.1.2 If the total Downtime in the calendar month is more than fourteen and four-tenths (14.4) hours, but does not exceed twenty-one and six tenths (21.6) hours, the monthly fee for that month shall be reduced by two-thirds (66.6%); and 6.1.3. 6.1.3 If the total Downtime in the calendar month is more than twenty-one and six-tenths (21.6) hours, the monthly fee for that month shall be waived. For the purposes of this Section, Downtime shall mean any interruption of one (1) minute or more in the availability to users of any Web site residing on the Hardware and made available through the Services, only if such interruption is due to either (i) failure by GlobalCenter to manage a server anomaly so as to avoid interruption in Web availability, or (ii) a disruption in the connection between any such server and the Internet. For purposes of this Section, the Internet is deemed to consist of services that commence where GlobalCenter transmits a Client's content to GlobalCenter's carrier(s) at the GlobalCenter border router port(s). Such carriers provide GlobalCenter with private and dedicated bandwidth. GlobalCenter undertakes no obligation for the circuit or link between GlobalCenter's facilities and such carrier's services. If router packet loss is excess of seventy percent (70%) and is sustained for sixty (60) seconds or more, GlobalCenter will classify this an "outage." If an "outage" continues for a time period of more than two (2) minutes, then such outage will be deemed Downtime.

Uptime Guarantee. In the event of Downtime (as defined below), the monthly fee payable for the Services shall be reduced as follows: 6.1.1. If if the Total total Downtime in the calendar month is more than seven and seven and two-tenths (7.2) hours, but does not exceed fourteen and four-tenths (14.4) hours, the monthly fee for that month shall be reduced by one-third (33.3%); 6.1.2. If if the total Downtime in the calendar month is more than fourteen and four-tenths (14.4) hours, but does not exceed twenty-one and six tenths (21.6) hours, the monthly fee for that month shall be reduced by two-thirds (66.6%); and 6.1.3. If the total Downtime in the calendar month is more than twenty-one and six-tenths (21.6) hours, the monthly fee for that month shall be waived. For the purposes of this Section, Downtime shall mean any interruption of one (1) minute or more in the availability to users of any Web site residing on the Hardware and made available through the Services, only if such interruption is due to either (i) failure by Frontier GlobalCenter to manage a server anomaly so as to avoid interruption in Web availability, or (ii) a disruption in the connection between any such server and the Internet. For purposes of this Section, the Internet is deemed to consist of services that commence where Frontier GlobalCenter transmits a Client's content to Frontier GlobalCenter's carrier(s) at the Frontier GlobalCenter border router port(s). Such carriers provide Frontier GlobalCenter with private and dedicated bandwidth. Frontier GlobalCenter undertakes no obligation for the circuit or link between Frontier GlobalCenter's facilities and such carrier's services. If router packet loss is excess of seventy percent (70%) and is sustained for sixty (60) seconds or more, Frontier GlobalCenter will classify this an "outage." If an "outage" continues for a time period of more than two (2) minutes, then such outage will be deemed Downtime.