Special Unavailability means the Services or Nexusguard Network being unavailable due to: (i) problems with Customer’s equipment; (ii) Force majeure events under Section 14.1 of the Agreement; (iii) unlawful or negligent acts by Customer or its agents or its suppliers; (iv) problems with Customer’s domain name registrar; (v) network unavailability, including without limitation telecommunications problems, beyond Nexusguard’s control; (vi) Customer misuse; (vii) Customer’s TCP requests exceeding sixty- four million (64,000,000) TCP packets per-second; (viii) traffic routed to a Scrubbing Centre exceeds 1,440 Gbps; (ix) planned maintenance as provided in the SLA section; (x) Customer’s breach of any terms of the Agreement; or (xi) third party action or inaction. Nexusguard shall determine in good faith the occurrence of any event of Special Unavailability.