1. SERVICE UPTIME. X7 Hosting's target uptime for the Service is 99.9% of the time in every calendar month and X7 Hosting provides you with a 99.7% Critical Services Uptime Guarantee as defined below. If X7 Hosting fails to meet the 99.7% Critical Services Uptime Guarantee you will be entitled to receive a credit in accordance with the Credit Table below if: (a) you apply for the credit within sixty (60) days of the last day of the month in which the 99.7% Critical Services Uptime Guarantee was not met, and (b) more than 20% of X7 Hosting customers are affected. Such credits may be deducted from amounts otherwise payable by you to X7 Hosting hereunder. In the event there is a dispute regarding credits, X7 Hosting reserves the right to make the final decision about whether credits will be provided to you. If the availability for any three (3) month period is less than 98.00%, you will have the right to terminate your Services Agreement with X7 Hosting.
a."99.7% Critical Services Uptime Guarantee" means that X7 Hosting guarantees that Down Time with respect to the Critical Services shall not exceed 0.3% of the time during a rolling two (2) month period (computed by reference to a 31 day month).
b."Critical Services" means the email services, web hosting services, DNS services, and the X7 Hosting network to the extent that such services do not include Closed Source Applications, as defined in Section 4.
c."Down Time" means periods of time that the Critical Services are not functional and available to X7 Hosting customers and does not include any period of time during which services are not functional or available as a result of:
i. maintenance, scheduled or otherwise, performed by X7 Hosting;
ii.third party intrusions, including without limitation denial of service or similar attacks;
iv. errors or non-performance of third-party software, including without limitation, Microsoft Access, .asp, .jsp, Cold Fusion or Miva Merchant; or
v. any event that is not within X7 Hosting's control.