Next Horizon will refund the customer's monthly fee in the event of a service outage due to the failure of one of the following Next Horizon owned and operated pieces of equipment: our Network, LAN, or one of our web hosting servers. For purposes of this guarantee, Service Outages shall be defined as more than 43 consecutive minutes of web site (HTTP) inaccessibility within a calendar month.
When calculating the total minutes of connectivity failure resulting only from the failure of the Next Horizon-owned LAN in one month for purposes of determining whether a Qualified Service Outage has occurred, no single minute shall count towards the 43-minute period unless it is part of a connectivity failure caused by a failure of the Next Horizon-owned LAN which connectivity failure lasted at least 10 consecutive minutes.
Next Horizon will not be held responsible for service outages resulting from non-Next Horizon operated equipment including, but not limited to, Internet backbone failures or congestion. Additionally, Next Horizon will not be held responsible for delays in the registration or transfer of a domain due to registrar related issues, for outages resulting from malfunctioning customer scripts or applications that are installed by the customer, nor for unusual traffic spikes or "denial of service" attacks against Next Horizon's network or customer's website(s). Other exclusions include Scheduled/Emergency Maintenance and upgrades; General Telco Failure; DNS issues outside the control of Next Horizon; Circumstances beyond Next Horizon's reasonable control, including without limitation acts of any governmental body, war, Acts of God, strikes, insurrection, sabotage; Customer’s acts or omissions including without limitation willful misconduct, or use of Next Horizon’s network or services in breach of Next Horizon Terms and Conditions or Acceptable Use Policy.
Refunds will be issued upon request by the customer and upon determination that a service outage, as defined by this guarantee, has occurred. Refund requests must be made within thirty (30) days of the issuance of the invoice that represents the time period during which the service outage took place. Regardless of the number of outages, all refunds are limited to one month's hosting service fees and do not include excess usage fees, setup fees or other non-standard recurring charges. Additionally, service outages will not include downtime due to acts of God, nor for outside security breaches. Finally, Next Horizon will not be held liable for service outage damages resulting in the loss of prospective profits or anticipated sales or as a result of expenditures, investments, or commitments in connection with the business.