Downtime Exclusions means, collectively, (a) Scheduled Maintenance, (b) Emergency Maintenance, (c) End Users’ Internet connection or firewall/network issues, (d) outages elsewhere on the Internet that hinder End Users’ access to the Platform, (e) domain name or other third party service provider issues outside Company’s direct control, (f) acts or omissions of Customer (or acts or omissions of others engaged or authorized by Customer, including End Users), and (g) a force majeure event as described in Section 11.1 of the Agreement.
Downtime Exclusions mean, collectively, (i) Scheduled Maintenance, (ii) Emergency Maintenance, (iii) Customer Users’ Internet connection or firewall/network issues, (iv) outages elsewhere on the Internet that hinder Customer Users’ access to the cBEYONData Software, (v) domain name or other third-party services issues outside the direct control of cBEYONData (including propagation delays), (vi) acts or omissions of Customer (or acts or omissions of others engaged or authorized by Customer, including Customer Users), including negligence, willful misconduct, or use of the cBEYONData Software in breach of this Agreement, (vii) unavailability, interruption, or delay of telecommunication services of a third party,
Downtime Exclusions. Downtime does not include unavailability caused by: (1) Scheduled Maintenance or a suspension of Cloud Services; (2) flaws in Customer’s Data; (3) the incompatibility of any operating system, Interfaced Applications or vendor supplied security patches with Customer’s Data or the Software; (4) acts or omissions of Customer or its agents, including all testing of the servers by Customer or a third party vendor; (5) the failure of servers or services outside of a Datacenter on which the Cloud Services are dependent, including, but not limited to, inaccessibility on the Internet that is not caused by Lyniate’s network or network providers, or failure of VPN connectivity caused wholly or in part by systems not managed by Lyniate as part of the Cloud Service; (6) Lyniate’s blocking of Customer Data that Lyniate deems in its sole reasonable discretion to be in violation of applicable laws (including HIPAA) or other health care regulations; (7) a force majeure event as described in the Agreement or events not in Lyniate’s direct control; (8) a denial of service attack or unauthorized access (i.e., hacking); (9) Customer’s failure to meet the terms and conditions of this Agreement; (10) Customer’s configuration or use of the system in a manner that exceeds the resource capacities of the Cloud Service; and (11) where an upgrade may be expected to significantly interrupt operation of the Cloud Service or require Customer actions to reconfigure routes or other aspects of the Cloud Service or non-Cloud Service systems. Downtime also excludes: (12) Downtime in co-located devices; (13) Downtime not reported by Customer within one Business Day of the day the Downtime first began; (14) time required to format or reformat disks or a RAID array; (15) time required to load, reload, configure or reconfigure an operating system; (16) time required to load, reload, configure or reconfigure Interfaced Applications; (17) time required to restore from backup; (18) unavailability of non-production installations or environments.
Examples of Downtime Exclusions in a sentence
Beginning with the calendar month immediately after the calendar month of the Effective Date, Company shall make the Platform Available for 99% of each calendar month during the Term, excluding any Downtime due to Downtime Exclusion(s) (“Service Availability Requirement”).
Service Availability is measured as the total number of minutes in a calendar month minus any Downtime during the calendar month other than due to Downtime Exclusion(s), divided by the total number of minutes in the calendar month.
More Definitions of Downtime Exclusions
Downtime Exclusions means events set forth in Section 5.5 (Downtime Exclusions), pursuant to which a SaaS Subscription may not be available to Users but shall not be counted as Downtime for the purposes of calculation of the Availability percentage.
Downtime Exclusions means, collectively, (a) Scheduled Maintenance, (b) Emergency Maintenance, (c) End Users’ Internet connection or firewall/network issues, (d) outages elsewhere on the Internet that hinder End Users’ access to the Platform, (e) domain name or other third party service provider issues outside QOMPLX’s direct control (for example, third party cloud hosting service downtime, such as AWS or Azure), (f) acts or omissions of Customer (or acts or omissions of others engaged or authorized by Customer, including End Users), and (g) a force majeure event as described in Section 11.1 of the Agreement.
Downtime Exclusions means: (a) network outages, equipment failures that are outside of our reasonable control, and denial of service attacks; (b) scheduled maintenance or maintenance to fix Problems; (c) Changes initiated by You, whether or not You made the changes Yourself or the changes were made on Your behalf; and(d) any and all force majeure events.