CYBERSTRIDER LIMITED SERVICE SCHEDULE FOR UPGRADE OPTIONS ON CYBES WEB HOSTING ACCOUNTS version 2001112301 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 "POP3 Mailbox" is an electronic mailbox for collection of email. 1.2 "MySQL" is a Relational Database Management System. 1.3 "PGP" is Pretty Good Privacy, and encryption program. 1.4 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 the ordered upgrades to the CYBES Web Hosting account the Customer has previously ordered. 3.2     The CYBES Upgrade Options include: POP3 Mailbox(es) MySQL with 10Mb Database Storage PGP Support Domain Transfer In (One off fee per full transfer in (Registry Change) request) 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 usd duing 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 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, but not limited to the publishing of any material that is obscene, threatening, defamatory or which in any way infringes the Intellectual property rights of another party. 6.2     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. 6.3     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. 6.4     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. 6.5     The Customer accepts responsibility for all items published or transferred from the account 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. 6.6     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. 6.7     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 the use of facilities and services provided will infringe the Intellectual Property Rights or other rights of any third party. 8.2     The Customer 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 third party in relation to 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.     HE 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.