99% Uptime Guarantee

(1.) Coverage
This 99% uptime guarantee applies to any BigNexus.Com hosting service client in good financial standing with BigNexus.Com at the time of a service outage.

(2.) Service Level Agreement & Specifications
BigNexus.Com endeavors to have the content of your web site available for http access by any party in the world 99% of the time. Network downtime (unavailability) is defined as 100% packet loss from BigNexus.com to its backbone providers. Downtime is measured after notification of network failure via BigNexus.Com's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the BigNexus.com Support hotline. BigNexus.Com's support personnel will determine the end of the downtime by checking that the customer's web site loads from outside the BigNexus.Com network.

(3.) Credits
In the event that your web site is not available for more than 99%, BigNexus.Com will credit the following month's service fee as follows. For any hosting client, such credit shall be retroactive and shall be as calculated below and as measured in a calendar month, with the maximum credit not to exceed one hundred (100) percent of the monthly service charge for the affected month.

In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by sending an electronic mail message to support@bignexus.com. For security, the body of this message must contain your domain name, the dates and times of the unavailability of your website, and such other customer identification requested by BigNexus.Com. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.

(4.) Restrictions
Credits shall not be provided to you in the event that you have any outage resulting from
(1.) scheduled maintenance as posted from time to time at BigNexus.Com,
(2.) your behavior or the performance or failure of your equipment, facilities or applications, or
(3.) circumstances beyond BigNexus.Com's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
(4.) expiry of your domain name, failure of your domain registration, registrar or root-dns servers
(5.) a client breaking any item in BigNexus.Com's Terms of Service conditions causing a machine to fail as a result.