Downtime caused by any of the following circumstances, as determined at our sole discretion, shall not be included in the Covered Downtime and shall not be eligible for SLA Credit:
- Any maintenance performed during the Maintenance Period
- Emergency maintenance performed at any time.
- Scheduled outages.
- Force majeure events, including but not limited to, acts of nature (fire, flood, earthquake, storm, or other natural disaster), acts of war (invasion, hostilities, rebellion, revolution, insurrection, terrorist activities, and other hostile activities), actions taken by governments (sanction, blockage, embargo, and other governmental action), labour disputes (strike, lockout, or any similar dispute), failure of power sources, outages caused by external service providers, and any other event which we cannot reasonably anticipate, prevent, control, or avoid.
- Traffic reaching a Customer Website that exceeds the capabilities of the Customer Website, the Customer's hosting plan, or the Services.
- Customer breach of the Terms of Service or any other policies, terms, or agreements applicable to Customer.
- Customer machine access problems.
- Customer authored code.
- Changes to the Services by parties other than Asap Lab, LTD.