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CYBERSTRIDER LIMITED SERVICE SCHEDULE FOR CYBES WEB HOSTING ACCOUNTS version 2000121801 CYBES is a Trading Style and brand of Cyberstrider Limited THIS SERVICE SCHEDULE is made between: (1) CYBERSTRIDER LIMITED whose registered office is at 20 William James House,Cowley Road, Cambridge, CB4 0WX, United Kingdom ("the Supplier") and (2) The person or organisation ordering the service ("the Customer") The Supplier and the Customer have entered into a Master Agreement ("the Master Agreement") containing the Supplier's general terms and conditions that apply to the provision of the services described in this Service Schedule. This Service Schedule incorporates the terms of the Master Agreement and must be read in conjunction with the Supplier's Acceptable Use Policy (AUP). The AUP may be subject to change from time to time. It is the Customer's responsibility to ensure they comply with the latest edition of the AUP in force at any given time. The Customer wishes the Supplier to provide the services ordered via www.cybes.net described duing the order stage and in this Service Schedule to the Customer. This Service Schedule constitutes a binding contract between the Supplier and the Customer for the supply of the services described in this Service Schedule. 1. DEFINITIONS 1.1 "The Domain Name" is the internet name requested by the Customer as part of the service ordered. 1.2 "A Virtual Web Server" means a web site for a Domain Name hosted on a Web Server which itself hosts multiple other web sites for other Domain Names and is part of the service ordered by the Customer. 1.3 "Applicant" means an organisation or individual applying to register a Domain Name via the Customer. 1.4 "Registrant" means an organisation or individual who is recorded in the Register of the particular domain registry as the registrant of the Domain Name 1.5 "The Initial Period" is twelve (12) months starting with the date of this Agreement. 1.6 "A Renewal Period" means a period beginning on the expiry of the Initial Period or the expiry of any earlier Renewal Period and lasting for twelve (12) months. 1.7 "The Registered Details" means the information provided from time to time to the Domain Registry in connection with the registration of the Domain Name or the renewal of that registration. 1.8 "The Registry" means the organisation used by the Supplier to register domain names. 1.9 "The Service Network" means the collection of networks constituting the Supplier's network of servers for the provision of Internet services to the Customer. 1.10 "Third Party" means a party associated directly with the Customer or a party that provides services, facilities, hardware or software via the Supplier for the provision of agreed services as ordered by the Customer. 1.11 "The Supplier's Nominet UK Tag" is an alphanumeric string used to identify the source of e-mail messages to the Registry's automated computer process containing transactions to be applied to the .uk Register Database and is the means by which the Registry identifies the Supplier as being the Customer's agent. 1.12 "The Supplier's NIC-Handle " is an alphanumeric string used to by the Registry to identify the Supplier as being the Customer's agent. 1.13 Words and phrases defined in the Master Agreement have the same meanings when used in this Service Schedule. 2. INTERPRETATION This Service Schedule supersedes all prior agreements, arrangements, representations and undertakings between the Supplier and the Customer in respect of its subject matter (except the Master Agreement). 3. THE SERVICES 3.1 The Supplier will set up all internet based services to provide the Customer with a service which supports Domain Names and the associated Virtual Web Server (web space) and E-Mail services under the limitations of the level of service as ordered by the Customer. 3.2 The CYBES Web Hosting service includes:
3.3.1 to enter into a contract between the Applicant and the Registry incorporating the Registry's applicable standard terms and conditions from time to time for the registration of the Domain Name; 3.3.2 where possible, and if the Customer is transferring the domain name in to the Supplier's system, to transfer the registration of the Domain Name from the Customer's current Domain Registry to the Domain Registry used by the Supplier; 3.3.3 for the minimum registration period specified by the Registry to maintain the registration of the Domain Name on behalf of the Customer, Applicant and Registrant by promptly notifying the Registry of any change to the Registered Details, by renewing the registration of the Domain Name, and by settling all fees charged by the Registry in connection with the registration, maintenance or renewal of that registration; 3.3.4 to make any declaration on behalf of the Customer, Applicant and Registrant required by the Registry in connection with the registration or renewal of the registration of the Domain Name; and 3.3.5 to disclose to the Registry all written and unwritten communications to or from the Customer. 3.4 he Customer does not authorise the Supplier to cancel the registration of the Domain Name or to transfer that registration to any third party unless expressly requested by the Customer. 3.5 If the Customer, Applicant or Registrant wishes to change the Registered Details, the Customer will notify the Supplier immediately and [subject to condition 3.6] the Supplier will contact the Registry accordingly. 3.6 If the Customer requests the Supplier to release the Domain Name registration from its association with the Supplier: 3.6.1 the Supplier will not be obliged to (but at its option may) make the requested change, or so release the registration, unless all monies owed to the Supplier by the Customer under this Service Schedule have been received by the Supplier in full, and in that case the Supplier must make the requested change or release the Domain Name registration from its association with the Supplier ; and 3.6.2 the Supplier will not be obliged to (but at its option may) make the requested change, or so release the registration, unless all the procedures as requested by the Supplier have been completed by the Customer in full, and in that case the Supplier must make the requested change or release the Domain Name registration from its association with the Supplier ; and 3.6.3 where the Supplier agrees to or is obliged to release the Domain Name registration under condition 3.6.1 and 3.6.2 above, the Supplier must make the change or release the registration within seven (7) days after that agreement or the Customer's request, as the case may be and subject to the Registry's own limitations, procedures and timescales. 3.7 The authorities contained in condition 3.3 above will continue for the duration of this Service Schedule and, whilst this Service Schedule continues, will be irrevocable. 3.8 The Customer will be free to appoint or authorise anyone else to register any other domain name in any Registry, but its doing so will not affect or revoke the authorities given in condition 3.3 above. 3.9 This Service Schedule does not oblige the Supplier to provide any Internet connection, access or other Internet related services. If the Customer wishes to obtain these from the Supplier, any agreement for those services made between the Supplier and the Customer will be the subject of a separate Service Schedule. 4. CHARGES AND PAYMENT 4.1 Service charges are listed on the web site www.cybes.net and are presented to the Customer before the Customer submits their order. 4.2 The Customer will pay the Charges online at www.cybes.net using Credit/Debit card: On acceptance of this Service Schedule and during the order process: 100% of the Yearly Fee On the first and each subsequent anniversary of the agreement of this Service Schedule (payment will be extracted automatically from the card used during signup): 100% of the Yearly Fee 4.3 The Customer will reimburse the Supplier on demand for all registration, renewal and other fees charged by any Third Party and paid by the Supplier in connection with the provision of the agreed Services to the Customer. 4.4 If any sum payable to any Third Party is not paid by the Customer by the due date then (without prejudice to the Supplier's other rights and remedies), the Supplier may suspend any or all of the Services or terminate this Service Schedule. 4.5 If the Customer overuses any resources (such as using extra bandwidth or disk space) then the Customer will pay the Supplier on demand, £20 + VAT per 100Mb/month data transfer allowance and £50 + VAT per 10Mb web space. The resource overuse fee charged will effectively upgrade the Customer's service until the end of the current Service Period at the time. If the Customer refuses to pay the resource overuse fee then (without prejudice to the Supplier's other rights and remedies), the Supplier may suspend any or all of the Services or terminate this Service Schedule. To prevent this situation, the Customer is required to upgrade their account before resource overuse by signing up for a higher Cybes package. The Customer will in effect execute a brand new Service Schedule for the new Cybes Service and thus terminating this Service Schedule. 5. DURATION This Service Schedule will take effect on the date the service is ordered and will remain in force until the expiry of the Initial Period and will then continue for consecutive Renewal Periods until terminated by the Supplier or the Customer giving at least 45 days notice to the other to expire at the end of the Initial Period or at the end of the first or any later Renewal Period, or until terminated under any other provision of this Service Schedule or the Master Agreement. 6. THE CUSTOMER'S OBLIGATIONS 6.1 The Customer acknowledges that any Registry may allow other organisations and members of the public to access the Registrant's Data for the purpose of obtaining information about the registration of the Domain Name. The Customer acknowledges that they have duly informed the Applicant of this. 6.2 The Customer, Applicant and Registrant will comply with the terms and conditions imposed by the Registry in relation to the Domain Name. These may be found at the following sites (www.nic.uk for .uk domains and www.totalregistrations.com or www.bulkregister.com or www.opensrs.net or www.joker.com for com/net/org domains) depending on the registry we used to register your com/net/org domain. 6.3 Unless the Services include the provision by the Supplier of a primary and secondary Domain Name Server, the Customer will ensure that it has, and provides the Supplier with details of, a primary and a secondary Domain Name Server for the Domain Name. The Customer will promptly notify the Supplier of any change to the details it provides to the Supplier under this condition. 6.4 The Customer, Applicant and Registrant are advised to read the terms and conditions of the Registry and to familiarise themselves with those terms, particularly those covering the use and disclosure of personal data. If the Customer, Applicant or Registrant fails to comply with any of those terms and conditions, the registration may be cancelled or suspended. 6.5 The registration of a domain name does not, in itself, create any proprietary right in the name used as a domain name. 6.6 The Customer will ensure that the facilities provided shall not be used for any illegal activity, and indemnifies the Supplier from any liability that may arise due to such usage. Such activity will be deemed to include the publishing of any material that is obscene, threatening, defamatory or which in any way infringes the Intellectual property rights of another party. 6.7 The Customer will comply with the terms and conditions imposed by any Third Party in connection with the provision of the Services to the Customer by the Supplier. 6.8 Subject to Clause 11.5 in the Master Agreement, the Customer accepts that in the event of allegations of infringement of Clauses 6.1 and 6.2, the Supplier may without notice or liability suspend or interrupt the Customer's services, or remove any specific material held on the Supplier's systems on the Customer's behalf pending clarification of such allegations or suspicion. 6.9 The Customer is advised to read the Supplier's Acceptable Use Policy (AUP) and to familiarise itself with those terms. If the Customer fails to comply with any of those AUPs, the Customer's service may be cancelled or suspended. The Customer will ensure that they comply with the latest version of the AUP, which can be found on the Supplier's web site. The AUP may be revised, without notice, at any time, at the sole discretion of the Supplier. 6.10 The Customer accepts responsibility for all items published or transferred from the Virtual Web Server covered by this Service Schedule. The Supplier will only act as a distributor of the Customer's IP traffic and will not examine it in any way except for the purpose of routing it over the Internet. 6.11 In the event that a Third Party makes direct representation to the Customer with regard to possible breach of Clause 6, the customer will without delay notify the Supplier of the nature and background of such representations so that the Supplier may promptly carry out any actions required to mitigate any exposure or damages. 6.12 Storage and Bandwidth limits can not be exceeded. More storage space and bandwidth can be made available by upgrading to the next level of service. 6.13 The Customer accepts responsibility (at their own cost) for ensuring that any data is suitably backed up, and for obtaining necessary permissions and insurance for the duration of this Service Schedule. 7. EFFECT OF TERMINATION Conditions 2, 4.3, 4.4, 6, 7, 8 and 9 will survive the termination of this Service Schedule and continue indefinitely. 8. CUSTOMER'S WARRANTIES 8.1 The Customer warrants to the Supplier that neither the registration of the Domain Name nor any use of the Domain Name nor the use of facilities and services provided will infringe the Intellectual Property Rights or other rights of any third party. 8.2 The Customer, Applicant and Registrant will indemnify the Supplier and keep the Supplier indemnified against all costs, claims, expenses, and liabilities incurred or suffered by the Supplier in the course of acting on behalf of or as agent for the Customer, including, without limitation, all fees payable by the Supplier to any Registry in relation to the Domain Name and services provided. 8.3 The Customer warrants to the Supplier that the Customer has not been induced to enter into this Service Schedule by any warranties or representations except as specifically contained in the Master Agreement or this Service Schedule as warranties. The Customer waives any claim for breach of any representation and for any misrepresentation, except in respect of any fraudulent misrepresentation. 9. THE SUPPLIER'S LIABILITY 9.1 Subject to condition 12.9 of the Master Agreement, the liability of the Supplier whether in contract or in tort or in any other way in connection with this Service Schedule or the Services, will be limited to damages which will not exceed, in aggregate, 100% of the fees paid by the Customer to the Supplier in the previous three (3) months under this Service Schedule. 9.2 Subject to Clause 12.2 in the Master Agreement, the Supplier does not warrant or represent that the services will be available or will continue to be available for use by the Customer. Nor does the Supplier warrant or represent that the use of service will not infringe the Intellectual Property Rights or any other rights of any third party. 9.3 The Supplier accepts no responsibility for the use or consequences of any use of any services provided under this Service Schedule, in particular for any conflict with or infringement of trademarks, service marks (registered or unregistered), or with any other rights. 9.4 The Customer acknowledges that the exclusions and limitations on the Supplier's liability in this Service Schedule and those in the Master Agreement have been drawn to the Customer's attention and that the Supplier is willing to undertake greater liability provided the Supplier is able to obtain insurance to cover fully its potential liabilities to the Customer and the Customer pays for that insurance. |