Network

Brinkster Communications Corporation guarantees that the network will be available 99.99% of the time in a given month, excluding scheduled maintenance. If Customer opens a trouble ticket with Brinkster Communications Corporation's Customer Support within ten (10) days of Customer's Server(s) unavailability and Brinkster Communications Corporation determines in its reasonable commercial judgment that the Server was unavailable for over .01% for that month, that outage will be used to calculate Server unavailability for the remedies provided below. However, unavailability shall not be deemed to occur as a result of maintenance activities; acts or omissions of Customer or its agents; failure of Customer supplied content; failure of any non-standard hardware or software installed by Brinkster Communications Corporation or Customer; or network unavailability outside Brinkster Communication's network. Periods of unavailability during which the customer is in breach of its agreement with Brinkster Communications Corporation, including, but not limited to, violation of the Policy or payment default, shall not be used to calculate Server unavailability to determine the remedies provided below. If the outage is determined to be valid by Brinkster Communications Corporation, upon experiencing downtime in excess of .01 % in a given month, Brinkster Communications Corporation will refund the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of customer's monthly fee). Network uptime includes functioning of all network infrastructure including routers, switches and cabling, but does not include services or software running on your server. Network downtime exists when a particular customer is unable to transmit and receive data over .01% during the month and Brinkster Communications Corporation records such failure in the Brinkster Communications Corporation trouble ticket system. Network downtime is measured from the time the trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.

Infrastructure

Brinkster Communications Corporation guarantees that the critical infrastructure systems, including power and HVAC, will be available 100% of the time in a given month, excluding scheduled maintenance. If customer opens a trouble ticket with Brinkster Communications Corporation's Customer Support within ten (10) days of Customer's Server(s) experiencing downtime, and Brinkster Communications Corporation determines in its reasonable commercial judgment that it was caused by Brinkster Communications Corporation's infrastructure failure, Brinkster Communications Corporation will refund the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of customer's monthly fee). Critical infrastructure includes functioning of all power and HVAC infrastructure including UPSs, PDUs and cabling, but does not include the power supplies on customers' servers. Infrastructure downtime exists when a particular server is shut down due to power or heat problems and Brinkster Communications Corporation records such failure in the Brinkster Communications Corporation trouble ticket system. Infrastructure downtime is measured from the time the customer opens a trouble ticket regarding server downtime to the time the problem is resolved and the server is powered back on.