Network Availability Commitment Clause Samples

Network Availability Commitment i. We will use commercially reasonable efforts to make our Services available to you at all times, subject to certain limitations described in this Agreement ("Network Availability Commitment"). ii. A Network outage occurs when there is total "Loss of Service" (defined below) for more than 60 consecutive minutes per occurrence. "Loss of Service" means that NextLevel is unable to transmit IP packets on your behalf, such that you are unable to communicate with or access any other Internet Service Providers via the IP transmission protocol or unable to communicate with or access any other telecommunications providers via the Public Switched Telephone Network, as a result of the failure of NextLevel facilities, equipment, or personnel used to provide the NextLevel Services.

Network Availability Commitment i. We will use commercially reasonable efforts to make our NextLevel IP "Network" (defined below) available to you at all times, subject to certain limitations described in this Agreement (the "Network Availability Commitment"). For purposes of this Network Availability Commitment, the NextLevel IP Network ("Network") means the integrated access device, local access loop, aggregation router, connectivity to the core network, and core network components up to the handoff to either the Internet peering point (for Internet packets) or the handoff to local, long distance or other voice Services provider for phone service traffic. ii. A Network outage occurs when there is total "Loss of Service" (defined below) for more than 60 consecutive minutes per occurrence. "Loss of Service" means that NextLevel is unable to transmit IP packets on your behalf, such that you are unable to communicate with or access any other Internet Service Providers via the IP transmission protocol or unable to communicate with or access any other telecommunications providers via the Public Switched Telephone Network, as a result of the failure of NextLevel facilities, equipment, or personnel used to provide the NextLevel Internet™, or NextLevelVoice™ Services.

Network Availability Commitment. Subject to the same terms, conditions, and limitations of the 100% network availability commitment, Dallas Colo offers a 99.90% network availability commitment on all IP bandwidth services not covered under the 100% network availability commitment. The 99.90% network availability commitment is applicable to those IP bandwidth Services delivered to Customers via a single, non-redundant independent network drop only.

Network Availability Commitment. 3.1 A network is unavailable when there is total "Loss of Service" as defined herein for more than sixty (60) consecutive minutes per occurrence. "Loss of Service" means that you are unable to access Services or communicate using Services as intended as a result of the failure of INFINIWIZ facilities, equipment, or personnel used to provide the Services.

Network Availability Commitment. Subject to the terms herein, ▇▇ ▇▇▇▇▇ offers a 99.90% network availability commitment on its Internet Protocol (IP) bandwidth provided to Client as part of the Services. This network availability commitment is available for a “Network Outage,” which is defined as the uninterrupted failure of ▇▇ ▇▇▇▇▇ to deliver IP packets across the ▇▇ ▇▇▇▇▇ network in connection with its delivery of ordered Services to the Client. To qualify for the 99.90% network availability commitment with respect to any of the Client Equipment, such Client Equipment must be utilizing single- or redundant-input network drops from ▇▇ ▇▇▇▇▇ at all times, including at the time of any Network Outage. The 99.90% network availability commitment shall not be available with respect to any Network Outages directly or indirectly caused by Client, including, without limitation, failed equipment, misconfigurations, exploited servers, or traffic in excess of the maximum allowed by the applicable MSA. Service credits are available only with respect to the Client Equipment adversely and directly affected by a Network Outage. Service credits under the 99.90% network availability commitment shall be based on percentage of Network Uptime, which is defined as the sustained and continuous period of time without a Network Outage: Network Uptime Service Credit (percentage of current monthly charge for affected service) 99.90% Commitment 98.00% 10% 96.00% 25% 94.00% 50% 92.00% 75% 90.00% 100%

Network Availability Commitment. We will use commercially reasonable efforts to make our VoxNet IP “Network” (defined below) available to you at all times, subject to certain limitations described in this Contract (the “Network Availability Commitment”). For purposes of this Network Availability Commitment, the VoxNet IP Network (“Network”) means the integrated access device, local access loop, aggregation router, connectivity to the core network, and core network components up to the handoff to either the Internet peering point (for Internet packets) or the handoff to local, long distance or other voice Services provider for phone service traffic. The VoxNet IP Network does include any broadband circuits.

Network Availability Commitment