HOSTING UPTIME GUARANTEE Clause Samples

HOSTING UPTIME GUARANTEE. Digital Fruition guarantees the web server on which Customerʼs web site resides will be up and running, and accessible via the internet 99.9% of the time in a given month. Many factors are outside the reasonable control of Digital Fruition, and therefore are not covered by this guarantee. These factors include: scheduled maintenance, malicious server attacks, actions or inactions of Customer or any third parties not affiliated with Digital Fruition, acts of nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), acts of any governmental body, war, insurrection, terrorism, sabotage, armed conflict or embargo, fire or flood. Upon experiencing downtime above and beyond the 99.9% availability, Digital Fruition will issue a credit of one full day for every full hour of the actual amount of downtime, based on Customerʼs Hosting Service planʼs monthly fee. This means that if the web server on which Customerʼs web site resides is unreachable for 1 hour (beyond the 00.1% allowed), Customer will receive 1 day of credit. The amount of compensation may not exceed a one monthʼs fee of the Customer's Hosting Service plan. Customer must send their request for the credit within 10 business days in order to be eligible for the credit. This does not apply for any month that the Customer has been in breach of Digital Fruition's terms and conditions or if the account is in default of payment. If Customer fails to comply with these requirements, Customer forfeits its right to receive a service credit.