Common use of Web Server availability Clause in Contracts

Web Server availability. SherWeb covenants to 99.9% Web server availability, defined as the ability to retrieve the HTTP headers from the hosting server, calculated on a monthly basis. SherWeb will not monitor availability of individual web sites but only monitors the server availability as a whole for the Web Hosting Service. Any circumstance beyond SherWeb’s reasonable control, including but not limited to the following conditions, will not be included in Web Server availability calculations: problem located on the client’s side, including network/Internet issue, problem with 3rd party application; loss of Service availability due to Network Attack such as DDoS, SYN or similar attacks, issue caused by DNS resolution and/or domain name or certificate expiration; software “bugs” or problems within used products creating service interruptions, hardware bug or failure beyond high-availability system; problem located outside our control within the Datacenter exploited by SherWeb, such as Internet and power availability or any other situation mentioned within this SLA.Server availability warranty does not cover availability of specific applications or servers products (such as ColdFusion or ▇▇▇.▇▇▇ applications) deployed on Web Server. Performance of such applications largely depends on the quality of code comprising such application, which is beyond of SherWeb’s control. SherWeb calculates uptime as a percentage of the time in a month (30 days X 24 hours X 60 minutes) during which the system is available, excluding, but not limited to, the conditions above and all scheduled and urgent maintenances. Any loss of Service availability lasting less than five minutes will not be included in the calculation of Service availability. SherWeb calculates Service availability based on both monitoring system and incident report from engineering team. Any circumstance beyond SherWeb’s reasonable control, including but not limited to the following conditions, will not be included in SQL Server availability calculations: problem located on the client’s side, including network/Internet issue, problem with 3rd party application; loss of Service availability due to Network Attack such as DDoS, SYN or similar attacks, issue caused by DNS resolution and/or domain name or certificate expiration; software “bugs” or problems within used products creating service interruptions, hardware bug or failure beyond high-availability system; problem located outside our control within the Datacenter exploited by SherWeb, such as Internet and power availability or any other situation mentioned within this SLA. SherWeb calculates uptime as a percentage of the time in a month (30 days X 24 hours X 60 minutes) during which the system is available, excluding, but not limited to, the conditions above and all scheduled and urgent maintenances. Any loss of Service availability lasting less than five minutes will not be included in the calculation of Service availability. SherWeb calculates Service availability based on both monitoring system and incident report from engineering team. Any circumstance beyond SherWeb’s reasonable control, including but not limited to the following conditions, will not be included in Mail Server availability calculations: problem located on the client’s side, including network/Internet issue, mail bombing, and other flooding techniques directed toward SherWeb’s mail servers, problem with 3rd party application; loss of Service availability due to Network Attack such as DDoS, SYN or similar attacks, issue caused by DNS resolution and/or domain name or certificate expiration; software “bugs” or problems within used products creating service interruptions, hardware bug or failure beyond high-availability system; problem located outside our control within the Datacenter exploited by SherWeb, such as Internet and power availability or any other situation mentioned within this SLA.The outgoing email protocol used on the mail server (SMTP) is a “store-and-forward” type of protocol that does not warrant immediate delivery of email messages. If the mail server’s first email delivery attempt fails, it will re-attempt delivery according to a predefined schedule. If the message fails to be sent for 24 to 72 hours, the messages will be returned to the sender. SherWeb calculates uptime as a percentage of the time in a month (30 days X 24 hours X 60 minutes) during which the system is available, excluding, but not limited to, the conditions above and all scheduled and urgent maintenances. Any loss of Service availability lasting less than five minutes will not be included in the calculation of Service availability. SherWeb calculates Service availability based on both monitoring system and incident report from engineering team.

Web Server availability. SherWeb covenants to 99.9% Web server availability, defined as the ability to retrieve the HTTP headers from the hosting server, calculated on a monthly basis. SherWeb will not monitor availability of individual web sites but only monitors the server availability as a whole for the Web Hosting Service. Any circumstance beyond SherWeb’s reasonable control, including but not limited to the following conditions, will not be included in Web Server availability calculations: problem located on the client’s side, including network/Internet issue, problem with 3rd party application; loss of Service availability due to Network Attack such as DDoS, SYN or similar attacks, issue caused by DNS resolution and/or domain name or certificate expiration; software “bugs” or problems within used products creating service interruptions, hardware bug or failure beyond high-availability system; problem located outside our control within the Datacenter exploited by SherWeb, such as Internet and power availability or any other situation mentioned within this SLA.Server availability warranty does not cover availability of specific applications or servers products (such as ColdFusion or ▇▇▇.▇▇▇ applications) deployed on Web Server. Performance of such applications largely depends on the quality of code comprising such application, which is beyond of SherWeb’s control. SherWeb calculates uptime as a percentage of the time in a month (30 days X 24 hours X 60 minutes) during which the system is available, excluding, but not limited to, the conditions above and all scheduled and urgent maintenances. Any loss of Service availability lasting less than five minutes will not be included in the calculation of Service availability. SherWeb calculates Service availability based on both monitoring system and incident report from engineering team. Any circumstance beyond SherWeb’s reasonable control, including but not limited to the following conditions, will not be included in SQL Server availability calculations: problem located on the client’s side, including network/Internet issue, problem with 3rd party application; loss of Service availability due to Network Attack such as DDoS, SYN or similar attacks, issue caused by DNS resolution and/or domain name or certificate expiration; software “bugs” or problems within used products creating service interruptions, hardware bug or failure beyond high-availability system; problem located outside our control within the Datacenter exploited by SherWeb, such as Internet and power availability or any other situation mentioned within this SLA. SherWeb calculates uptime as a percentage of the time in a month (30 days X 24 hours X 60 minutes) during which the system is available, excluding, but not limited to, the conditions above and all scheduled and urgent maintenances. Any loss of Service availability lasting less than five minutes will not be included in the calculation of Service availability. SherWeb calculates Service availability based on both monitoring system and incident report from engineering team. Any circumstance beyond SherWeb’s reasonable control, including but not limited to the following conditions, will not be included in Mail Server availability calculations: problem located on the client’s side, including network/Internet issue, mail bombing, and other flooding techniques directed toward SherWeb’s mail servers, problem with 3rd party application; loss of Service availability due to Network Attack such as DDoS, SYN or similar attacks, issue caused by DNS resolution and/or domain name or certificate expiration; software “bugs” or problems within used products creating service interruptions, hardware bug or failure beyond high-availability system; problem located outside our control within the Datacenter exploited by SherWeb, such as Internet and power availability or any other situation mentioned within this SLA.The outgoing email protocol used on the mail server (SMTP) is a “store-and-and- forward” type of protocol that does not warrant immediate delivery of email messages. If the mail server’s first email delivery attempt fails, it will re-attempt delivery according to a predefined schedule. If the message fails to be sent for 24 to 72 hours, the messages will be returned to the sender. SherWeb calculates uptime as a percentage of the time in a month (30 days X 24 hours X 60 minutes) during which the system is available, excluding, but not limited to, the conditions above and all scheduled and urgent maintenances. Any loss of Service availability lasting less than five minutes will not be included in the calculation of Service availability. SherWeb calculates Service availability based on both monitoring system and incident report from engineering team.