Common use of Web Site Availability Clause in Contracts

Web Site Availability. The Fund Documents Web Site shall be publicly available to users a minimum of 99% of the time during any 24 hour period, 95% of the time during any 7 day period, and 95% of the time during any 30 day period; and there will be no period of interruption in public accessibility to the Fund Documents Web Site that exceeds 24 continuous hours excluding server downtime due to scheduled maintenance. "Available" means that end users are able to access and use the hosting services and all functionality and content therein, and the hosting services are functioning correctly and accurately. The Trust shall not engage in any maintenance, upgrades, replacement of hardware or software, or any other activity that may result in the Fund Documents Web Site not being available without the prior approval of the Company in each instance as to the timing and duration of such unavailability. To the extent that there is any applicable guidance received from the SEC or from the SEC Staff that requires Web site availability in addition to, or in excess of, these standards, the Trust and Distributor will comply with such guidance.