Unavailability Definition:
"Unavailability" or "Unavailable" for GREENNODE Services means one of the following:
- For GPU Node (Host Server): loss of access to one or more of the Host Servers provided to the Client due to a breakdown or a malfunction of any hardware parts related to H100 GPUs inside these Host Servers. Devaluation of the performance of the infrastructure without loss of access to a Host Server shall not constitute Unavailability, even in cases where a reduction in infrastructure performance levels is observed. If a Host Server is rebooted by the Client or due to scheduled and communicated maintenance, the availability of the Host Servers will resume monitoring thirty (30) minutes after the reboot.
- For Storage Resources: Access is not possible to Storage Resources (including additional NFS Datastores), due to a fault with or downtime of the Storage Resources. Downtime and faults that do not prevent access to Host Servers shall not be considered Unavailability.
- For Network and connectivity: loss of access to the Host Servers and/or Data Stores due to a breakdown or a malfunction of the network equipment or connectivity. Breakdowns and/or malfunctions of the network equipment or connectivity which do not impact on the ability to access Host Servers and Data Stores do not constitute Unavailability, even where there is a noticeable reduction in performance levels.
Unavailability Exclusion:
The Client agrees that GREENNODE shall not be responsible for any inaccess, suspension or interruption of Services in the following cases, and each "Unavailability Exclusion" below will be excluded from any time-based calculations related to any type of GREENNODE Services being Unavailable:
- The Service is inaccessible due to the fault of Clients, users and/or third party such as: expired domain name, Domain Name Server error (DNS), misconfiguration, operating system error, computer virus, spyware, unavailable Client’s network service, iptables system, firewall, etc.
- The Service is blocked because the content(s), file(s) Client stores on GREENNODE’s system violate the Laws, is accused of intellectual property infringement and/or other GREENNODE’s regulations; Client’s use of source code affects GREENNODE’s system; Client does not make payment for the service fee for GREENNODE.
- Illegal access to other services which are not managed by Client.
- The Service is inaccessible because Client’s use of the service is not in accordance with the standard recommended by GREENNODE.
- Due to Client’s request to stop the system.
- The Service is inaccessible due to errors from Client’s devices.
- The Service is inaccessible due to Force Majeure Event.
- When Client uses the sources/services of GREENNODE to attack other systems and is detected, GREENNODE will notify to stop the service (for example: DDOS, intentional attack, virus distribution).
- Service is suspended because the Client does not pay the Services fee.
- Service is interrupted due to the Periodic System Maintenance, which has been notified to the Client in advance.
- The Service is inaccessible, suspended, or interrupted due to further reasons as follows:
  - factors outside of GREENNODE’s reasonable control;
  - Clients’ software or hardware or third party software or hardware, or both;
  - abuses or other behaviors that violate the Agreement;
  - Clients’ acts or omissions (including reboots/shutdown of a Covered Server, system misconfigurations, or lost credentials);
  - Client’s failure to upgrade to the latest available security patches or firmware/bios.
- Any scheduled, recurring or zero impact maintenance windows related to GREENNODE infrastructure (including but not limited to GREENNODE Colocation Space, Services Equipment, etc.);
- Unavailability due to misuse of a particular type of GREENNODE Services;
- Unavailability that results from any facilities, equipment, software, or other technology and/or third-party facilities, equipment, services, software, or other technology (other than third-party equipment within GREENNODE's direct control).
- Unavailability arising from any usage of an outdated release of the GREENNODE Services or third-party software, or any failure to install a material update to either of the foregoing;
- Unavailability caused by third-party service or facility providers, including any telecom, internet, or other related service or facility provider, or packet loss, network or Internet problems beyond GREENNODE's border router supporting GREENNODE's public internet connectivity;
- Denial of service attacks, virus or hacking attacks, or bugs in code, hardware, or services for which there is not commercially reasonable, known solution (even if there is a known workaround); and any other event that are not within GREENNODE's direct control or that could not have been avoided with commercially reasonable care.
GREENNODE will use its best efforts to communicate downtime events prior to any scheduled, recurring, or zero-impact maintenance windows as described above, however, this will not always be possible. Without limiting the foregoing, service interruptions due to emergency maintenance will constitute Unavailability Exclusions equivalent to scheduled maintenance windows, provided that (1) GREENNODE notifies the Client of such emergency maintenance as soon as possible and (2) downtime due to emergency maintenance does not exceed four (4) hours in any month.