Defects and Availability Sample Clauses

Defects and Availability. Lucky Orange uses commercially reasonable efforts to maintain the Service; however, Lucky Orange is not responsible for any unanticipated defects or failures associated with the Service or any damages to you (either direct or indirect) that may result from any such defects or failures. Lucky Orange is not obligated to provide you support for, and shall not be responsible or liable for, any errors in the Service or any damages resulting from your failure to properly implement the Service on your web properties in accordance with the Documentation. The Service may be inaccessible or inoperable for any reason including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs which may be undertaken from time- to-time by Lucky Orange or its third-party service providers; or (3) any other causes beyond Lucky Orange’s reasonable control. You further understand that the Service is provided over the Internet and hosted by a third-party provider, so the quality and availability of the Service may be affected by factors outside of Lucky Orange’s control. The Service is not intended to be available 100% of the time and Lucky Orange does not make any guarantees regarding the reliability or availability of the Service and will not be liable to you or any third party for damages or losses related to the Service being unavailable.
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Defects and Availability. We use commercially reasonable efforts to maintain this Service, but we are not responsible for any defects or failures associated with this Service, any part thereof, or any damages (direct or indirect) that may result from any such defects or failures. This Service may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs which we may undertake from time-to-time; or (3) causes beyond our reasonable control or which we could not reasonably foresee. You understand that this Service is provided over the Internet and hosted by a third party provider, so the quality and availability of this Service may be affected by factors outside of our control. This Service is not intended to be available 100% of the time and we do not make any guarantees regarding the reliability or availability of this Service. We will not be liable to you or any third party for damages or losses related to this Service being unavailable. If you are using this Service as an employee of our Partner, you understand and agree that this Service may not achieve your intended result and that you may be required to re-submit User Content (defined below) in the event of a malfunction. You further understand that variances in the operation of this Service may arise because of, among other things, mechanical damage to the hardware, website, a software malfunction, a power interruption, or otherwise abnormal operating conditions. Tile Five disclaims all responsibility, liability, or obligation arising from or related to the foregoing.
Sample 1

Related to Defects and Availability

  • RDDS availability Refers to the ability of all the RDDS services for the TLD, to respond to queries from an Internet user with appropriate data from the relevant Registry System. If 51% or more of the RDDS testing probes see any of the RDDS services as unavailable during a given time, the RDDS will be considered unavailable.

  • High Availability Registry Operator will conduct its operations using network and geographically diverse, redundant servers (including network-­‐level redundancy, end-­‐node level redundancy and the implementation of a load balancing scheme where applicable) to ensure continued operation in the case of technical failure (widespread or local), or an extraordinary occurrence or circumstance beyond the control of the Registry Operator. Registry Operator’s emergency operations department shall be available at all times to respond to extraordinary occurrences.

  • Funding Availability This Contract is at all times subject to state appropriations. The Department makes no express or implied representation or guarantee of continued or future funding under this Contract. The Department has, as of the date of the execution of this Contract, obtained all requisite approvals and authority to enter into and perform its obligations under this Contract, including, without limitation, the obligation to make the initial payment or payments required to be made under this Contract on the date or dates upon which such initial payment or payments may otherwise be disbursed during the current contract period, (i.e., Sept ember 1, 2015, through August 31, 2017). The Grantee acknowledges the Department’s authority to make such payments is contingent upon the Texas Legislature's appropriation to the Department of sufficient funds and the availability of funds to the Department for such purpose. If the State of Texas or the federal government terminates its appropriation through the Department or fails to pay the full amount of the allocation for the operation of any grant or reimbursement program hereunder , or the funds are otherwise unavailable, the Department may immediately and without penalty reduce payments or terminate this Contract, in whole or in part. Upon termination of the Contract or reduction of payments, the Grantee shall return to the Department any unexpended funds already disbursed to the Grantee. Neither the Department nor the State of Texas shall incur liability for damages or any loss that may be caused or associated with such termination or reduction of payments. The Department shall not be required to give prior notice for termination or reduction of payments.

  • EPP service availability Refers to the ability of the TLD EPP servers as a group, to respond to commands from the Registry accredited Registrars, who already have credentials to the servers. The response shall include appropriate data from the Registry System. An EPP command with “EPP command RTT” 5 times higher than the corresponding SLR will be considered as unanswered. If 51% or more of the EPP testing probes see the EPP service as unavailable during a given time, the EPP service will be considered unavailable.

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