This 100% uptime guarantee applies to any Vivio Technologies Hosting Client in good financial standing with Vivio Technologies at the time of a service outage.

Vivio Technologies endeavors to have our public network available to any party in the world 100% of the time. Network downtime (unavailability) is defined as 100% packet loss from Vivio Technologies to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Vivio Technologies' online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Vivio Technologies NOC, or emergency paging services. Vivio Technologies' administrators will determine the end of the downtime by a trace-route to the backbone providers from Vivio Technologies network.

In the event that our public network does not experience 100% network uptime in a given month, Vivio Technologies will credit 5% of the customer's monthly service fees for customers affected services. Additional credits will be issued for each 30 minutes of network downtime experienced up to 100% of the monthly service fee.

Restrictions Customer shall not receive any credits under this SLA in connection with any failure or deficiency of network availability caused by or associated with:

• Circumstances beyond Vivio Technologies' reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA.
• Failure of bandwidth providers to the Vivio Technologies Network, unless such failure is caused solely by Vivio Technologies.
• Scheduled maintenance and emergency maintenance and upgrades.
• DNS issues outside the direct control of Vivio Technologies.
• Issues with FTP. POP, IMAP, or SMTP customer access.
• False SLA breaches reported as a result of outages or errors of any Vivio Technologies measurement system.
• Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, PHP, etc), any negligence, willful misconduct, or use of the Services in breach of Vivio Technologies' Acceptable Use Policy (AUP).
• E-mail or webmail delivery and transmission.
• DNS (Domain Name Server) Propagation.
• Outages elsewhere on the internet that hinder access to your account. Vivio Technologies is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it.
  
  Vivio Technologies will guarantee only those areas considered under the control of Vivio Technologies:
  
  
  • Vivio Technologies server links to the internet.
  • Vivio Technologies routers.
  • Vivio Technologies servers.