Exclusions and Exceptions to Downtime. Notwithstanding anything in this Exhibit C or otherwise in this Agreement, IGLOO shall not be responsible for Downtime in the Hosted Service or any other failure to achieve Availability that is caused by: (a) unavailability or delay in performance of Internet networks controlled by entities other than IGLOO or traffic exchange points that are controlled by entities other than IGLOO; (b) unavailability or delay in any connections or equipment of Customer or any Named User which are not IGLOO-managed and are used by Customer or such Named User to access the Hosted Service; (c) where the Hosted Service is unavailable or delayed as a result of the negligence or acts or omissions of Customer, its employees, contractors, agents or its Named User, including Customer’s breach of this Agreement (whether or not IGLOO suspends Customer’s access to the Services under Section 15.4 of this Agreement) or acts or omissions of a Named User that would constitute breach of this Agreement (whether or not Igloo suspends such Named User’s account under Section 15.5 of this Agreement); (d) where the Hosted Service is unavailable or delayed as a result of Customer’s or Named Users’ software or hardware or third party software or hardware, or both; (e) features designated as “Alpha” or “Beta” (unless otherwise agreed to by the parties in writing); or (f) where the Hosted Service is unavailable or delayed as a result of Force Majeure, including, but not limited to, denial of service attack or other malicious or unwanted attack.
