When calculating the uptime, the following exceptions will apply:
All scheduled service windows throughout that month (scheduled, unscheduled, mandatory, and emergency).
All internet connectivity and infrastructure issues/failures not attributed to facilities or equipment owned, leased, purchased or otherwise operated by Hostway that causes the unavailability.
All application related failures attributed to specific applications operated by the Customer that are not maintained and operated by Hostway that negatively impact Hostway’s ability to provide service.
Network or service availability issues related to malicious behavior perpetrated by the Customer, or their employees, customers, clients, associates et al that access the server by any means that negatively impacts the availability of the server, i.e. spamming, probing, spoofing, etc.
Network or service availability issues related to denial of service attacks, mail bombing and other flooding techniques.
Network availability loss caused by any factor(s) beyond Hostway’s control, including but not limited to such factors as IP transit provider (backbone) or end user’s portion of the network (commonly known as “last mile”) failure.
Other unforeseeable circumstances that are outside of Hostway’s control, such as, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, unavailability of or interruption or delay in Customer telecommunications or third party services, the failure of any third party software, or scheduled or emergency downtime of the Server or Hostway Network for repair, replacement, or maintenance of any software, hardware, or network component thereof