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THE FOLLOWING TERMS OF BUSINESS APPLY TO ALL SERVICES PROVIDED BY ON THE NET SOLUTIONS LTD TO YOU. BY PURCHASING SERVICES FROM ON THE NET SOLUTIONS LTD YOU AGREE TO THESE TERMS OF BUSINESS. 1. DEFINITIONS "Agreement" means the agreement between You and ON THE NET SOLUTIONS LTD, comprising these Terms together with any Orders You may make; "Fees" means the fee or fees (and Local Administration Costs) due for the provision of the Services as set out in any Order or (if not set out) calculated by reference to the then standard ON THE NET SOLUTIONS LTD prices; "ICANN" means the Internet Corporation for Assigned Names and Numbers; "Local Administration Costs" means any registration fees and other costs incurred by ON THE NET SOLUTIONS LTD on Your behalf for the registration or attempted registration of domain names including currency conversion costs and bank charges; "Order" means the order form or letter signed by You requesting Services; "Server" means the computer server equipment operated by ON THE NET SOLUTIONS LTD in connection with the provision of the Services; "Service" or "Services" means any and all services provided by ON THE NET SOLUTIONS LTD under these Terms including, without limitation, domain name registration services; domain name portfolio management services; domain name searching, monitoring and recovery services, web site hosting, web, email and usenet searching and monitoring services and consultancy services and any other services which may be provided from time to time; "Standard Price List" means the list(s) of the standard prices for ON THE NET SOLUTIONS LTD Plc group company products which are available on request "Subscription" means an annual payment made in order to receive Services from ON THE NET SOLUTIONS LTD; "Terms" means these terms and conditions of business; "ON THE NET SOLUTIONS LTD" means ON THE NET SOLUTIONS LTD 8 Langley Close Sandbach Cheshire CW11 1YJ. "Web Site" means the area on the Server allocated by ON THE NET SOLUTIONS LTD to You for use by You as a site on the Internet; and "You and Your" mean the person, firm or company who purchases Services from ON THE NET SOLUTIONS LTD and any of their or its employees, consultants and authorised agents. 2. APPLICATION OF TERMS 2.1 These Terms apply to any or all Services to be provided by ON THE NET SOLUTIONS LTD to You from time to time. These Terms are made up of a number of constituent parts, including the Service-Specific Terms governing ON THE NET SOLUTIONS LTD's provision of the relevant Service to You, as well as the General Terms that govern the provision of all such Services. 2.2 These Terms together with any Order(s) represent the entire agreement relating to the Services and supersede any arrangements previously agreed between You and ON THE NET SOLUTIONS LTD. Save in the case of fraudulent misrepresentation or fraudulent concealment, any representation, warranty or undertaking, whether oral or written, (including in any previous correspondence or communication) and any other terms and conditions sought to be imposed by You by Your own order forms or otherwise are expressly excluded. 2.3 No change to these Terms, or a subsequent version of these Terms as may be posted on the ON THE NET SOLUTIONS LTD. website from time to time, or any other part of the Agreement, shall be binding unless made with the prior written consent of a director of ON THE NET SOLUTIONS LTD. Unless ON THE NET SOLUTIONS LTD notifies You to the contrary, no agent of, or person employed by or under contract with ON THE NET SOLUTIONS LTD, has any authority to alter or vary these Terms or the Agreement in any way. 2.4 In addition to these Terms, all domain name registrations are subject to the terms and conditions of any registrar ON THE NET SOLUTIONS LTD may use to fulfil the Order and the rules and regulations of the relevant Network Information Center (NIC) or similar registry administrator. As a condition of the Agreement You agree to be bound by the rules and regulations and dispute resolution policies applicable to each domain name applied for on Your behalf. Details of these terms and conditions are available from the relevant registries such as Nominet for .uk (www.nominet.net). SERVICE-SPECIFIC TERMS AND CONDITIONS 3. DOMAIN NAME REGISTRATION General 3.1 ON THE NET SOLUTIONS LTD is an accredited registrar with ICANN for .com, .net, org, .biz and .info top level domains ("TLD"s) under the terms of ICANN's Registrar Accreditation Agreement. Your use of a domain name, once registered, may be challenged by a third party; if so, ICANN's Uniform Domain Name Dispute Resolution Policy (the " UDRP ") as amended from time to time shall apply to all .com, .net and .org registrations or renewals. The terms of the UDRP are available at http://www.icann.org/udrp/udrp.htm 3.2 ON THE NET SOLUTIONS LTD does not warrant or guarantee that the domain name applied for will be registered in Your name or is capable of being registered by You. Accordingly, You should take no action in respect of Your requested domain name(s) until You have been notified that Your requested domain name has been registered. 3.3 The registration of the domain name and its ongoing use is subject to the relevant naming authority's terms and conditions of use and You are responsible for ensuring that You are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims You may have against ON THE NET SOLUTIONS LTD in respect of the decision of a naming authority to refuse to register a domain name and, without limitation, agree that the administration charge paid by You to ON THE NET SOLUTIONS LTD. shall be non-refundable in any event. 3.4 ON THE NET SOLUTIONS LTD accepts no responsibility in respect of the use of a domain name by You and any dispute between You and any other individual or organisation regarding a domain name must be resolved between the parties concerned and ON THE NET SOLUTIONS LTD will take no part in any such dispute. ON THE NET SOLUTIONS LTD reserve the right, on ON THE NET SOLUTIONS LTD becoming aware of such a dispute, at ON THE NET SOLUTIONS LTD.'s sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority. You warrant and undertake that to the best of Your knowledge and belief neither the registration of the domain name nor the manner in which it is directly or indirectly used by You or and any licensee directly or indirectly infringes the legal rights of a third party. 3.5 You are solely responsible for providing ON THE NET SOLUTIONS LTD with accurate and up-to-date contact information and ON THE NET SOLUTIONS LTD shall not accept any responsibility for any cancellation or refusal to renew a domain name by the relevant naming authority due to any failure to provide such information. Any changes made by You to Your details using the control panel facility are Your own responsibility. Unless You have subscribed to one of ON THE NET SOLUTIONS LTD's domain name portfolio management products in respect of a particular name or names ON THE NET SOLUTIONS LTD are not responsible for the renewals of any domain name registrations and You should make Your own arrangements for reminding Yourself when any name is due for renewal. 3.6 Where ON THE NET SOLUTIONS LTD is acting as registrar, the ICANN-adopted consensus policies on transfer of sponsorship of registrations between registrars shall apply. ON THE NET SOLUTIONS LTD reserves the right to charge an administrative fee in respect of any transfers to another web hosting or domain name registration company in accordance with ON THE NET SOLUTIONS LTD's Standard Price List from time to time. Information You are required to submit 3.7 As part of the registration process, You are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. This information will be used by ON THE NET SOLUTIONS LTD in accordance with its Privacy Policy and in accordance with the provisions of the Data Protection Act 1998. The information You are obliged to provide in connection with the domain name You are registering is the following: 3.8 You agree and acknowledge that when You renew Your domain name registration, the type of information You are required to provide may have changed. If You do not wish to provide the new required information, Your registration may not be renewed. 3.9 All other information which ON THE NET SOLUTIONS LTD may request from You at registration is voluntary. However, not providing this information may prevent You from obtaining all products and services made available to domain name registrants by ON THE NET SOLUTIONS LTD, other than registration of the domain name. 3.10 If You intend to license use of a domain name to third party You are still responsible for providing the contact information specified above and for providing and updating accurate technical and administrative contact information. You accept liability for any wrongful use of the domain name unless You promptly discuss the identity of the license to any party providing reasonable evidence of actionable harm. 3.11 If You licence a domain name to a third party You will remain responsible for payment of the relevant Fees and performance of all other obligations under this Agreement. Additional information maintained about Your registration 3.12 In addition to the information You provide, as registrar ON THE NET SOLUTIONS LTD maintains records relating toYour domain name registration. These records may include: Obligations relating to provided data 3.13 In the event that, in registering the domain name, You are providing information about a third party, You hereby represent that You have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that You have obtained that third party's express consent to the disclosure and use of that party's information as set forth in these Terms. 3.14 You acknowledge that wilfully providing inaccurate information or wilfully failing to update information promptly will constitute a material breach of these Terms and will be sufficient basis for cancellation of Your domain name registration. You further agree that Your failure to respond for over fifteen (15) days to inquiries by ON THE NET SOLUTIONS LTD concerning the accuracy of contact details associated with Your registration shall constitute a material breach of these Terms and will be sufficient basis for cancellation of Your domain name registration. 3.15 ON THE NET SOLUTIONS LTD will not process data about any identified or identifiable natural person that ON THE NET SOLUTIONS LTD. obtains from You in a way incompatible with the purposes and other limitations which ON THE NET SOLUTIONS LTD describes in this Agreement or in connection with its duties under the Data Protection Act 1998. 3.16 ON THE NET SOLUTIONS LTD will take reasonable precautions to protect the information it obtains from You from ON THE NET SOLUTIONS LTD's loss, misuse, unauthorised access or disclosure or use, or alteration or destruction, of that information. ON THE NET SOLUTIONS LTD will have no liability to You or any third party to the extent that such reasonable precautions are taken. Disclosure and use of registration information 3.17 You agree and acknowledge that ON THE NET SOLUTIONS LTD will make available domain name registration information You provide or that ON THE NET SOLUTIONS LTD otherwise maintains to ICANN, to the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit. You further agree and acknowledge that ON THE NET SOLUTIONS LTD may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information You provide, for the purposes of inspection or for targeted marketing and other purposes as required or permitted by ICANN and applicable laws. 3.18 Additionally, You acknowledge that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that ON THE NET SOLUTIONS LTD may or must make available to the public or to private entities and the manner in which such information is made available. 3.19 You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by You in connection with the registration of a domain name (including any updates to such information), whether during or after the term of Your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action You may have arising from such disclosure or use of Your domain name registration information by ON THE NET SOLUTIONS LTD. 3.20 Certain ON THE NET SOLUTIONS LTD users have access to ON THE NET SOLUTIONS LTD's control panel. If You are one of those users, You may use the control panel utility to modify the zone file, DNS, IP, MX Records and SOA WHOIS, and contact information for any .com, .net, or .org domain name registered through or administered by ON THE NET SOLUTIONS LTD or registered by a ON THE NET SOLUTIONS LTD reseller. Users without such access should contact the VI customer services department to effect any alterations. Ownership of data 3.21 You agree and acknowledge that ON THE NET SOLUTIONS LTD owns all database, compilation, collective and similar rights, title and interests worldwide in ON THE NET SOLUTIONS LTD's domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that ON THE NET SOLUTIONS LTD owns the following information for those registrations for which ON THE NET SOLUTIONS LTD is the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information ON THE NET SOLUTIONS LTD generates or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. Domain Registrar Transfers 3.21 You agree that You can change registrar for an existing domain name only in accordance with the policy of the relevant registry. You agree You may not change registrar for a period of sixty (60) days after initial registration of the domain name with ON THE NET SOLUTIONS LTD. Only the “Authoritative Holder” (the entity listed as the registrant in the current domain name registration) of the domain name registration may initiate a request to transfer that domain name registration from another registrar to ON THE NET SOLUTIONS LTD. You hereby represent that You have the full and complete authority as the holder of the domain name registration to initiate such a transfer, or that You have been given full and complete authority by the Authoritative Holder of the domain name registration to initiate such a transfer. ON THE NET SOLUTIONS LTD, at its sole discretion, may require You to provide documentation that proves that the Authoritative Holder of the domain name initiated this transfer request. The request to transfer a domain name registration from another registrar to ON THE NET SOLUTIONS LTD may be denied: (a) during the first sixty (60) days after initial registration of the domain name with the original registrar; (b) in accordance with circumstances described in the Domain Name Dispute Policy; (c) if there is a pending bankruptcy of the domain name holder; (d) where there is a dispute over the identity of the domain name holder; (e) by operation of law; or (f) at the discretion of the thencurrent registrar. It is the responsibility of the Authoritative Holder to ensure that the request to transfer will not be denied for any of the above reasons prior to initiating and paying for the registrar transfer services. Fees are not refundable, but can be applied to subsequent transfer requests at ON THE NET SOLUTIONS LTD's sole discretion. Upon successful completion of the registrar transfer request, ON THE NET SOLUTIONS LTD shall immediately become the registrar of record. You will be required to extend Your existing registration term for one (1) year from the date Your existing registration is set to expire, provided that the total unexpired term of a registration does not exceed ten (10) years. 4. WEB SITE HOSTING/EMAIL/ONLINE STORE SYSTEMS 4.1 ON THE NET SOLUTIONS LTD specifically excludes any warranty as to the accuracy or quality of information received by any person via the Server and in no event will ON THE NET SOLUTIONS LTD be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. 4.2 You warrant to ON THE NET SOLUTIONS LTD that You will only use Your assigned Web Site for lawful purposes. In particular, You further warrant and undertake to ON THE NET SOLUTIONS LTD that: 4.3 ON THE NET SOLUTIONS LTD may suspend the Service immediately in its sole discretion if it receives any complaint that material on the Server may be unlawful, harmful or defamatory or if it believes its standards or acceptable use policy have been breached 4.4 ON THE NET SOLUTIONS LTD may disclose Your name and address to a complaining individual or naming authority if in its reasonable discretion, it is necessary or appropriate to do so. 4.5 You are responsible for sending mail in accordance with any relevant legislation (including data protection legislation) and for sending the same in a secure manner. ON THE NET SOLUTIONS LTD will take all reasonable steps to ensure accurate and prompt routing of messages but it will not accept any liability for non-receipt or misrouting or any other failure of email. 4.6 You warrant, undertake and agree that: 4.7 While ON THE NET SOLUTIONS LTD will use its reasonable endeavours to ensure the integrity and security of the Server, it does not guarantee that the Server will be free from unauthorised users or hackers. 5. CO-LOCATION, SHARED AND DEDICATED SERVER HOSTING 5.1 Hosting services are provided on the basis of an initial and minimum term of twelve (12) months. Thereafter the Services will automatically continue until You terminate the Services giving ninety (90) days notice in writing to ON THE NET SOLUTIONS LTD. Any such termination or cancellation will be subject to the payment of any outstanding charges. 5.2 The rental of Cobalt RAQ 550 dedicated hosting Services are provided on the basis of an initial term of twenty four (24) months which, subject always to Your right to cancel the services on payment of any outstanding charges and a cancellation fee equivalent to the remainder of the Services, will automatically continue for additional twelve (12) month periods thereafter unless and until terminated in writing on ninety (90) days' notice. 5.3 You acknowledge that the Fee payable for the hosting package You use is based on a set bandwidth and disk space allowance. If, in any calendar month, You obtain any bandwidth or disk space usage over that basic allocation then ON THE NET SOLUTIONS LTD will charge You its standard overusage charge, which will be invoiced one (1) calendar month in arrears and payable in accordance with clause 7. 5.4 ON THE NET SOLUTIONS LTD's Service Level Agreements set out the hosting performance You can expect and Your right to credits in the event of non-performance. 6. RESELLER TERMS AND CONDITIONS 6.1 If You are or become a reseller of ON THE NET SOLUTIONS LTD's Services You must ensure that You continue to comply with these Terms by making Your customers bound to no less comprehensive and protective Terms than these. 6.2 You agree that in Your capacity as reseller of ON THE NET SOLUTIONS LTD's Services You will not incur any liability on ON THE NET SOLUTIONS LTD's part nor in any way pledge or purport to pledge its credit or purport to make any contract binding on ON THE NET SOLUTIONS LTD. 6.3 ON THE NET SOLUTIONS LTD does not accept the liability or default of Your own customers as affecting or limiting Your obligations under this Agreement and suggests that You require Your customers to sign a form of this Agreement. 6.4 As a reseller You shall hold ON THE NET SOLUTIONS LTD and shall procure that Your customers hold ON THE NET SOLUTIONS LTD. harmless in respect of any act or omission by You or Your customers and to indemnify ON THE NET SOLUTIONS LTD. in respect of any claims that may be made directly against ON THE NET SOLUTIONS LTD. GENERAL TERMS AND CONDITIONS 7. Orders 7.1 Each Order for Services by You shall be deemed to be an offer by You to buy the Services from ON THE NET SOLUTIONS LTD subject to these Terms. No Order shall be deemed to be accepted by ON THE NET SOLUTIONS LTD until ON THE NET SOLUTIONS LTD issues a written acknowledgement or (if earlier) the Services are provided. 7.2 ON THE NET SOLUTIONS LTD shall be under no obligation to deliver any Services in addition to those identified in the Order without the prior written consent of a duly authorised representative of ON THE NET SOLUTIONS LTD. 7.3 You shall provide to ON THE NET SOLUTIONS LTD, at Your cost, any information, resources or facilities reasonably requested by ON THE NET SOLUTIONS LTD for the delivery of the Services and, where necessary, ensure that Your employees, contractors and other suppliers co-operate fully and promptly with ON THE NET SOLUTIONS LTD. 7.4 Any instructions supplied by You to ON THE NET SOLUTIONS LTD in relation to the Services must be complete, accurate and clearly legible. ON THE NET SOLUTIONS LTD reserves the right to make a charge for any costs and any additional work incurred by ON THE NET SOLUTIONS LTD from any failure by You to comply with this provision and shall not be liable for any errors caused by such failure. 7.5 No purported cancellation of any Order or part of an Order will be effective unless and until ON THE NET SOLUTIONS LTD. gives written acknowledgement of cancellation. ON THE NET SOLUTIONS LTD may, as a condition of such acknowledgement, or otherwise on early termination in accordance with clause 14, impose such reasonable charge for cancellation as it shall consider appropriate including a charge for any costs (including Local Administration Costs) and for any work incurred by ON THE NET SOLUTIONS LTD at the date cancellation is acknowledged. 7.6 You acknowledge and agree that the Services commence upon the sending of ON THE NET SOLUTIONS LTD's notice of confirmation, pursuant to clause 7.1 above, and that there is no right to cancel this Agreement under the Council Directive 97/7/EC on the protection of consumers in respect of distance contracts or associated local laws. 8. Payment 8.1 ON THE NET SOLUTIONS LTD will take payment under its direct debit arrangement annually in advance unless otherwise agreed. The first payment will cover the set-up, twelve (12) months' hosting to include bandwidth, machines rental or purchase (if any) and any additional rack space charges, purchased servers must be fully paid for before service will commence. In the event of excess usage above the agreed bandwidth/disk space levels for that Service ON THE NET SOLUTIONS LTD will issue with an invoice for such excess usage at the rates set out in the Standard Price list. 8.2 Without prejudice to ON THE NET SOLUTIONS LTD's other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, ON THE NET SOLUTIONS LTD reserves the right, forthwith and at its sole discretion, to suspend the provision of Services to You. 8.3 Subject to an increase in third party costs such as Local Administration Costs, the Fee for the Services shall be in accordance with the relevant scale of charges and rates published from time to time in ON THE NET SOLUTIONS LTD's Standard Price List. ON THE NET SOLUTIONS LTD reserves the right to alter the Fees payable for Services at any time and any new Order for Services after such time shall be deemed to have been made in acceptance of such new Fees. Subject to clause 8.3 such alterations will not affect any previously accepted Order or quotation given under 8.5 below. 8.4 You acknowledge that Local Administration Costs may differ from the amount or amounts (if any) previously indicated by ON THE NET SOLUTIONS LTD as a result of changes in pricing by the relevant domain authority and/or changes in the exchange rate and associated bank charges and You agree to pay the actual Local Administration Costs incurred by ON THE NET SOLUTIONS LTD on Your behalf if higher than those set out in the Order. 8.5 You acknowledge that the Fee may represent only the initial costs of a domain name registration and that continued use of the name will require You to pay recurring charges and renewal fees in accordance with Clause 8.1. 8.6 Unless otherwise expressly specified in the Order, and subject to clause 3.2, all quotations given by ON THE NET SOLUTIONS LTD for ON THE NET SOLUTIONS LTD's Fees are valid for a period of thirty (30) days only from the date upon which they are given, after which time the quotation shall automatically expire. 8.7 The price of the Services is exclusive of VAT or its equivalent and all other tax or duty which, if applicable, shall be payable by You in addition at the appropriate rate. 8.8 ON THE NET SOLUTIONS LTD reserves the right to demand payment on account in advance of providing any Services and unless otherwise specified in the Order may invoice in respect of work completed or to be carried out, before, during and after completion of such work as it sees fit. 8.9 You will provide ON THE NET SOLUTIONS LTD with the details requested in Clause 3 and the relevant subscription details, including details of Your preferred payment method and confirmation that ON THE NET SOLUTIONS LTD may process Your details (annually) in order to review Your Subscription. 8.10 ON THE NET SOLUTIONS LTD will automatically renew Your Subscription for a further twelve (12) months unless You advise it otherwise with at least ninety (90) days before the twelve months expires. Payment for such renewal will be taken in accordance with this Clause 8. On receipt of the funds by ON THE NET SOLUTIONS LTD., ON THE NET SOLUTIONS LTD shall send a receipted invoice to You. 8.11 Invoices are payable within thirty (30) days of the date of the invoice without deduction or set-off. Unpaid invoices shall attract interest at a rate of 4% above the base rate of Barclays Bank plc per annum without prior notice (such interest being payable both before and after any judgment may be obtained) and ON THE NET SOLUTIONS LTD reserves the right to suspend the Services until payment is made. Time for payment is of the essence. With regard to Fees that relate to the relevant fee for a domain name registration, You must make payment in full before Your application can be accepted. 8.12 Where You do not re-register Your domain name(s), ON THE NET SOLUTIONS LTD may choose to register the title in and ownership to these domain names, and if such Fees are overdue ON THE NET SOLUTIONS LTD may deal with such names without restriction as if the full legal and beneficial owner. 9. Intellectual property rights and other consents 9.1 ON THE NET SOLUTIONS LTD retains ownership of all intellectual property rights in any information, reports, documents, software or other materials created by ON THE NET SOLUTIONS LTD as part of the Services, including all methodologies, know-how and processes used to do so (together, the " Materials "). ON THE NET SOLUTIONS LTD grants to You a limited licence to store and view the Materials delivered to You on Your internal computer network. Unless done so strictly for Your internal business use, the Materials may not be otherwise reproduced, transmitted, broadcast or displayed in public without ON THE NET SOLUTIONS LTD's prior written consent. ON THE NET SOLUTIONS LTD is the proprietor of the ON THE NET SOLUTIONS LTD trade mark in the UK and other countries. All other trade marks, product names and company names or logos used in ON THE NET SOLUTIONS LTD. 's site are ON THE NET SOLUTIONS LTD property or that of their respective owners. No permission is given by ON THE NET SOLUTIONS LTD in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and You acknowledge that such use may constitute an infringement of the holder's rights. 9.2 You are solely responsible for obtaining all intellectual property rights clearances and/or other consents and authorisations necessary in respect of the names, marks or other materials which are the object of the Services and You warrant that ON THE NET SOLUTIONS LTD use of such names, marks or materials and any other information, documents or software which You supply to ON THE NET SOLUTIONS LTD under this Agreement (together, the " Objects ") shall not infringe any third party's intellectual property rights or be otherwise unlawful or illegal. 9.3 On becoming aware of any dispute between You and any other individual or organisation regarding the Objects, ON THE NET SOLUTIONS LTD reserves the right, at its sole discretion and without notice or liability to You, to cease any further use of such Objects including, without limitation, deleting or suspending them from its computer systems and/or to make appropriate representations or provide information to any relevant authority or interested party. 10. Liability 10.1 Whilst ON THE NET SOLUTIONS LTD shall use reasonable skill and care in the delivery of the Services You acknowledge that the delivery of the Services: 10.2 ON THE NET SOLUTIONS LTD shall use reasonable endeavours to provide continuing availability of the Server and the Services but shall not, in any event, be liable for Service interruptions or down time of the Server, except to the extent set out in the Service Level Agreement applicable to the Services You have ordered. 10.3 ON THE NET SOLUTIONS LTD shall not be liable for any delay or failure to perform its obligations under this Agreement where such delay or failure is due to circumstances beyond its reasonable control including, without limitation, any act or omission by You or providers of internet connectivity and other events of force majeure. Any time deadlines set out in the Order or otherwise agreed are estimates only. 10.4 All conditions, terms, representations (other than fraudulent representations) and warranties relating to the Services, whether implied by law or otherwise, which are not expressly stated in this Agreement including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are excluded to the fullest extent possible by law. 10.5 ON THE NET SOLUTIONS LTD's total aggregate liability to You for any claim in contract, tort, negligence or otherwise arising out of or in connection with this Agreement and the provision of the Services shall be limited to the price paid by You in respect of the Services which are the subject of any such claim and provided that You notify ON THE NET SOLUTIONS LTD of any such claim within one (1) year of it arising. In no event shall ON THE NET SOLUTIONS LTD be liable to You for any loss of business, contracts, profits or anticipated savings, goodwill or for any other indirect or consequential or economic loss whatsoever. 10.6 Nothing in this Agreement shall limit or exclude ON THE NET SOLUTIONS LTD's liability for death or personal injury resulting from ON THE NET SOLUTIONS LTD's negligence or any other liability, the limitation or restriction of which is prohibited by law. 10.7 The Services are provided by ON THE NET SOLUTIONS LTD for Your exclusive use. ON THE NET SOLUTIONS LTD does not accept any liability or obligation towards any third party or generally towards any person and the Contract (Rights of Third Parties) Act 1999 shall not apply to the relationship between You and ON THE NET SOLUTIONS LTD. 11. Indemnity You agree to indemnify and keep indemnified and hold ON THE NET SOLUTIONS LTD and its directors, officers, employees and agents and the registry operator for .com, .net and .org domain names (Network Solutions, Inc), on demand harmless from and against any claim brought against ON THE NET SOLUTIONS LTD or Network Solutions Inc by a third party resulting from the provision of Services by ON THE NET SOLUTIONS LTD to You and/or Your use of the Server and/or any domain name registered, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by ON THE NET SOLUTIONS LTD or Network Solutions Inc in consequence of Your breach or non-observance of these terms of business. 12. Confidentiality and publicity 12.1 Both You and ON THE NET SOLUTIONS LTD undertake not to disclose to a third party any confidential information which You or ON THE NET SOLUTIONS LTD receives relating to the contents or performance of this Agreement or the other's business in general, and shall procure that each of its directors and employees shall not do so, except with the prior consent in writing of the other, as required by law, or to the extent to which that information is publicly available or already known to the receiving party at the date of receipt other than through any unauthorised disclosure by any person. 12.2 Without prejudice to clause 12.1, ON THE NET SOLUTIONS LTD shall be entitled to mention Your name as a client of ON THE NET SOLUTIONS LTD and the name(s) of products in respect of which ON THE NET SOLUTIONS LTD provides Services in publicity and promotional material on and off-line without Your prior consent unless You send notice in writing to ON THE NET SOLUTIONS LTD (by post to Legal Department, ON THE NET SOLUTIONS LTD, 8 Langley Close, Sandbach, Cheshire CW11 1YJ or by email to legal@otn.co.uk ) referencing this clause and requesting no publicity. Any request will only apply to publicity material to be prepared after such notice is given and ON THE NET SOLUTIONS LTD will be under no obligation to cease using material printed or published prior to such notice. 13. Credit Card Security 13.1 ON THE NET SOLUTIONS LTD use a secure server that implements Secure Socket Layer (SSL) technology (certified to the standard for encrypted credit card transactions stipulated by Verisign Inc.) to prevent any person from gaining access to Your credit card or registration information whilst it is on ON THE NET SOLUTIONS LTD. 's site or being transmitted across the Internet. 13.2 If You discover that goods or services have been ordered from a supplier over ON THE NET SOLUTIONS LTD's site using Your credit card details in circumstances where You had not agreed to or authorised this, then (provided You have not, through failure to take reasonable care, allowed an unauthorised person to gain access to Your credit card details, purchaser ID or password) ON THE NET SOLUTIONS LTD's suppliers are required to refund to You the money they receive provided that: (a) You inform Your credit card company and ON THE NET SOLUTIONS LTD of the unauthorised purchase as soon as You discover it; and (b) You co-operate with Your credit card company, the supplier, ON THE NET SOLUTIONS LTD and, if necessary, the police in relation to the unauthorised use. 14. Termination 14.1 ON THE NET SOLUTIONS LTD may terminate this Agreement forthwith if You fail to pay any sums due to ON THE NET SOLUTIONS LTD. as they fall due or if, in its reasonable opinion, You do not have sufficient technical expertise to use the Service without excessive ongoing technical support. 14.2 ON THE NET SOLUTIONS LTD may terminate this Agreement upon written notice if You breach any of these Terms and You fail to correct the breach within thirty (30) days following written notice from ON THE NET SOLUTIONS LTD. specifying the breach, or if You are a company You go into insolvent liquidation, or if You are a person You are declared bankrupt. 14.3 You acknowledge and agree that Your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to Your domain name registration, including, but not limited to (i) the UDRP, (ii) any ICANN adopted policy, (iii) any registrar (including ON THE NET SOLUTIONS LTD) or registry administrator procedures, or (iv) any other ccTLD registry administrator procedures. 14.4 On termination of the Agreement ON THE NET SOLUTIONS LTD shall be entitled immediately to block Your Web Site and to remove all data located on it. ON THE NET SOLUTIONS LTD will hold such data for a period of fourteen (14) days and allow You to collect it at Your expense, failing which ON THE NET SOLUTIONS LTD shall be entitled to delete all such data. ON THE NET SOLUTIONS LTD shall further be entitled to post a notice in respect of the non-availability of Your Web Site as ON THE NET SOLUTIONS LTD thinks fit. 15. Notices Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two (2) days following the date of posting. 16. Law 16.1 For the adjudication of disputes concerning or arising from use of the domain name, the domain name holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the domain name holder's domicile and (2) the courts of England . 16.2 Subject to clause 16.1 above:- 17. Entire agreement 17.1 These Terms together with any Order and any document expressly referred to in them, contain the entire agreement between ON THE NET SOLUTIONS LTD relating to the subject matter covered and, save in the case of fraudulent misrepresentation or fraudulent concealment, supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between ON THE NET SOLUTIONS LTD in relation to such matters. [ON THE NET SOLUTIONS LTD may alter these Terms at any time without notification to You provided the current Terms are always available on ON THE NET SOLUTIONS LTD's website]. No oral explanation or oral information given by any party shall alter the interpretation of these Terms. 17.2 You confirm that, in agreeing to these Terms, You have not relied on any representation save insofar as the same has expressly in these Terms been made a representation and You agree that You shall have no remedy in respect of any misrepresentation (other than a fraudulent misrepresentation) which has not become a term of this Agreement. 18. Miscellaneous 18.1 If any provision of this Agreement or part thereof shall be void for whatever reason, the offending words shall be deemed deleted and the remaining provisions shall continue in full force and effect. 18.2 Your rights and obligations under this Agreement are personal to You and You undertake that You shall not nor purport to: assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part. 18.3 ON THE NET SOLUTIONS LTD reserves the right to sub-contract any of the work required to fulfil the Services and to assign this Agreement upon notice to You. 18.4 Neither party shall be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority. 18.5 Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same. 18.6 Clause headings have been included in this Agreement for convenience only and shall not be considered part of, or be used in interpreting, this Agreement. 18.7 Other than as expressly set out in Clause •, no person who is not a party to this Agreement shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
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