Common use of System Uptime Clause in Contracts

System Uptime. Company will use commercially reasonable efforts to make the Client eStore generally accessible to users via the Internet twenty-four hours a day, seven days a week less: (a) scheduled network, hardware or service maintenance, (b) a failure of the Internet and/or the public switched telephone network, or (c) the occurrence of any event that is beyond Company’s reasonable control (collectively, the “Excusable Downtime”). Company will use all commercially reasonable efforts to make the Client eStare available at least 95% of the time during each month, excluding Excusable Downtime (“Uptime Commitment”). Company shall maintain commercially reasonable and industry standard safeguards for data integrity of transmissions as received by or otherwise transmitted to Company from users or to or from the Client eStore; provided, however, that Company shall not be responsible or have liability for data integrity beyond the original condition as received by or otherwise transmitted to Company. Company shall take commercially reasonable actions to protect against threats that deny service and thus reduce availability of the Client eStore or control by providing mechanisms to protect the transmission facilities, switching components, network management systems and other essential service provider facilities from unauthorized denial-of service attacks, insider attacks, unauthorized or unexpected user actions, unauthorized intrusions, and other perceived threats. One or more separate Service Level Agreements (SLAs) shall be forwarded to Client from Company that deal in substantial conformity with the issues contained in this Section, depending on which Company services Client utilizes in its chosen Company package.

System Uptime. Company will use commercially reasonable efforts to make the Client eStore generally accessible to users via the Internet twenty-four hours a day, seven days a week less: (a) scheduled network, hardware or service maintenance, (b) a failure of the Internet and/or the public switched telephone network, or (c) the occurrence of any event that is beyond Company’s reasonable control (collectively, the “Excusable Downtime”). Company will use all commercially reasonable efforts to make the Client eStare eStore available at least 95% of the time during each month, excluding Excusable Downtime (“Uptime Commitment”). Company shall maintain commercially reasonable and industry standard safeguards for data integrity of transmissions as received by or otherwise transmitted to Company from users or to or from the Client eStore; provided, however, that Company shall not be responsible or have liability for data integrity beyond the original condition as received by or otherwise transmitted to Company. Company shall take commercially reasonable actions to protect against threats that deny service and thus reduce availability of the Client eStore or control by providing mechanisms to protect the transmission facilities, switching components, network management systems and other essential service provider facilities from unauthorized denial-of of-service attacks, insider attacks, unauthorized or unexpected user actions, unauthorized intrusions, and other perceived threats. One or more separate Service Level Agreements (SLAs) shall be forwarded to Client from Company that deal in substantial conformity with the issues contained in this Section, depending on which Company services Client utilizes in its chosen Company package.

System Uptime. Company will use commercially reasonable efforts to make the Client eStore generally accessible to users via the Internet twenty-four hours a day, seven days a week less: (a) scheduled network, hardware or service maintenance, (b) a failure of the Internet and/or the public switched telephone network, or (c) the occurrence of any event that is beyond Company’s 's reasonable control (collectively, the “"Excusable Downtime”"). Company will use all commercially reasonable efforts to make the Client eStare eStore available at least 95% of the time during each month, excluding Excusable Downtime (“"Uptime Commitment”"). Company shall maintain commercially reasonable and industry standard safeguards for data integrity of transmissions as received by or otherwise transmitted to Company from users or to or from the Client eStore; provided, however, that Company shall not be responsible or have liability for data integrity beyond the original condition as received by or otherwise transmitted to Company. Company shall take commercially reasonable actions to protect against threats that deny service and thus reduce availability of the Client eStore or control by providing mechanisms to protect the transmission facilities, switching components, network management systems and other essential service provider facilities from unauthorized denial-of service ofservice attacks, insider attacks, unauthorized or unexpected user actions, unauthorized intrusions, and other perceived threats. One or more separate Service Level Agreements (SLAs) shall be forwarded to Client from Company that deal in substantial conformity with the issues contained in this Section, depending on which Company services Client utilizes in its chosen Company package.