Media Temple guarantees hardware, network, and infrastructure uptime of 99.999%. If we ever fall short, you get money back. That's the DV 20/20 Uptime Guarantee.
This guarantee excludes any scheduled or emergency network, hardware, or infrastructure maintenance of which Customer has been notified or which have been made public via Media Temple announcement.
In the event that the DV 20/20 Uptime Guarantee fails to meet the specified target of 99.999% uptime during a service period, Media Temple will credit Customer 20% of service period fees for each 20 minutes of downtime, provided said credit will not exceed 100% of said service period fees. The credits set forth in the preceding sentence are Customer's sole remedy for any downtime experienced.
Example 1: A DV customer paying $100/month experiences 20 total minutes of downtime within a billable service period. In this case, the Customer will be eligible to receive a service credit amounting to 20% of the fees for that service period, totaling $20.
Example 2: A DV Developer customer paying $1000/year experiences 20 minutes of downtime within a calendar month. In this case, the Customer will be eligible to receive a service credit amounting to 20% of the fees for that calendar month (1/12th of yearly fees), totaling $16.67.
Customer is responsible for reporting a downtime event and requesting credit(s) within five (5) days of experiencing a downtime event.
Credits are forfeited if Customer's service is terminated. Credits have no cash value and cannot be converted to refunds.
Media Temple shall not be liable to Customer or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, wars; or lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.
This Agreement is a supplement to, and not a replacement for, Media Temple's standard Terms of Service.