Shared Hosting Terms and Conditions

Shared Hosting Terms and Conditions

SERVICES
This Service Agreement ("Agreement") applies to the purchase from NTT Europe Online Ltd (a wholly owned subsidiary of Verio Inc) hereaf ter NTT Europe Online. and its affiliates (collectively, "NTT Europe Online") of all services (collectively, the "Services") selected by Customer on t he Service Order Form and the Domain Name Registration Form, as applicable, incorporated by reference and attached hereto, if any, except that if Customer is also ordering Web site production or colocation services, Customer is also required to sign th e agreements specific to those services. NTT Europe Online reserves the right to modify its network and facilities used to provide the Ser vices for purposes including but not limited to accommodating evolving technology and increased network demand, and providing enhanced services. NTT Europe Online shall use reasonable efforts to notify Customer of any planned changes to NTT Europe Online's network or faciliti es that may adversely affect the Services provided hereunder. This agreement does not apply to customers who resell NTT Europe Online serv ices. Such resellers must sign the NTT Europe Online Reseller Agreement, which may be obtained from resellers@ntteuropeonline.co.uk.

TERM
This Agreement shall be for the term specified by Customer on the Service Order Form or Domain Name Registration Form, as appl icable (the "Initial Term"), This Agreement will be automatically renewed, at the end of the Initial Term, on the initial term length basis unless either party provides written notice to the other of termination of this Agreement at least 3 days prior to the end of the then current term. The Initial Term and all extensions thereof are collectively referred to herein as the "T erm" of this Agreement. Dedicated Server customers are required to give 60 days written notice when terminating this Agreement .

BILLING AND PAYMENT
Fees: During the term of this Agreement, Customer shall pay the fees for the Services that are set forth on the Service Order Form and Domain Name Registration Form, as applicable. Such fees may include taxes, fees or assessments by governmental agenci es and NTT Europe Online shall have the right, at any time, to pass through and invoice to Customer any new or increased taxes, fees, asse ssments or other charges imposed on or required to be collected by NTT Europe Online by any governmental agency. Customer shall also be re sponsible for paying all taxes, fees or assessments and other charges imposed on Customer by any governmental agency that may result from this Agreement, or any of the activities contemplated hereunder.

Terms Of Payment: Invoices are due and payable upon receipt. All payments shall be made in U.K. currency. P ayment can be made by credit card, cheque or BACS transfer. Should the account become past due for 14 days NTT Europe Online reserve the r ight to suspend the account, NTT Europe Online having sent 3 invoice reminders. In the event that an account become 18 days over due NTT Europe Online reserve the right to delete the account and cannot be held responsible for any loss of information or data resulting from the deletion . Should the payment made be invalid NTT Europe Online may pass any charges incurred in the processing of payment on to the clie nt themselves Service Continuation After Initial Term: The fees set forth in the Service Order Form or Domain Name Registratio n Form are guaranteed during the Initial Term of this Agreement. If Customer continues to receive the Services after the Initi al Term without entering into a new agreement or agreement extension, the fees charged after the Initial Term shall be at the then standard NTT Europe Online rates for such services, without discount, determined month to month. Suspension Or Interruption Of Servic e For Non-Payment: In the event Customer's account becomes past due for more than thirty (30) days, or if NTT Europe Online has a reasonab ly held belief that Customer may be unable to pay its debts as they become due (i.e., is financially insecure), NTT Europe Online may, in its sole discretion, suspend, interrupt or disconnect the Services upon ten (10) days written notice to Customer. In the event of such suspension, interruption or disconnection, Customer may be required to post a deposit or such other security, as VERI O reasonably deems necessary in order to resume receiving the Services.

In addition, if NTT Europe Online reasonably determines that Customer may be financially insecure, NTT Europe Online may require su ch other action of Customer as NTT Europe Online reasonably determines is necessary under the circumstances, including letters of credit, security deposit(s), restrictions on available credit or other action as NTT Europe Online may require from time to time regardless of Cus tomer's then-current payment status on its account or its payment history on such account.

Failure to satisfy NTT Europe Online's request for such action within timelines reasonably set by NTT Europe Online may result in i mmediate termination of service without further notice. Customer may not withhold or set off any payment for any reason withou t NTT Europe Online's prior written consent. NTT Europe Online shall have no liability for any loss or damage resulting from its suspension or termina tion of Services under this Agreement.

ACCEPTABLE USES
Customer shall at all times adhere to the NTT Europe Online Acceptable Use Policy located at www.verio.co.uk was amended from time to time by NTT Europe Online effective upon posting of the revised policy at the URL. Notwithstanding anything to the contrary contained herein, NTT Europe Online may immediately take corrective action, including disconnection or discontin uance of any and all Services, or terminate this Agreement in the event of notice of possible violation by Customer of the VER IO Acceptable Use Policy. In the event NTT Europe Online takes corrective action due to a violation of the NTT Europe Online Acceptable Use Policy, VE RIO shall not refund to Customer any fees paid in advance of such corrective action.

CANCELLATION POLICY
Customer may terminate this Agreement by giving NTT Europe Online at least 3 days written notice prior to the end of the current term. How ever, Customer remains obligated to pay all amounts remaining in the Initial Term, and if NTT Europe Online has purchased equipment on beh alf of Customer, at Customer's request or pursuant to Customer's order, including but not limited to circuit and router, Custo mer shall assume responsibility for payments for such equipment, until paid in full. In order to terminate early, Customer's p rimary contact person on the account should notify NTT Europe Online of such request to do so. However, NTT Europe Online shall not be liable for unau thorized termination of an account.

Dedicated server clients are required to give 60 days notice prior to terminating the account. NTT Europe Online reserv es the right to terminate this Agreement without cause prior to the end of the term upon sixty (60) days written notice to Cus tomer, in which event NTT Europe Online will refund any fees for Services which Customer has paid in advance. NTT Europe Online shall not be liable fo r any loss or damage caused by it's suspension or termination of this Agreement. Any termination of this agreement by NTT Europe Online or Customer shall not deprive either party of its rights or relieve either party of its obligations, in each case, as accrued pr ior to the date of termination, including, without limitation, Customer's obligation to pay for Services rendered prior to the date of termination.

IP ADDRESS OWNERSHIP
NTT Europe Online shall maintain and control ownership of all IP numbers and addresses that may be assigned to Customer by NTT Europe Online and NTT Europe Online reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

NTT Europe Online is required by ARIN (American Registry for Internet Numbers) to document on a rwhois server which ent ity is using the IP space. If Customer is assigned a static IP address, Customer consents to NTT Europe Online's inclusion of Customer's n ame, company name if a business, postal address, e-mail address, IP address, and telephone number in the rwhois server.

CACHING
Customer expressly (i) grants to NTT Europe Online a license to cache the entirety of Customer's Web Site, including content supplied by t hird parties, hosted by NTT Europe Online under this Agreement and (ii) agrees that such caching is not an infringement of any of Customer intellectual property rights or any third party's intellectual property rights.

BANDWIDTH AND/OR DISK USAGE
Customer agrees that bandwidth and/or disk usage shall not exceed the number of megabytes per month for the Services ordered b y Customer on the Service Order Form. NTT Europe Online shall monitor the customer's usage. If bandwidth or disk usage exceeds the agreed upon number of megabytes per month, NTT Europe Online, in its sole discretion, may assess additional standard charges, disconnect or disco ntinue any and all Services, or terminate this Agreement, in each case, upon ten (10) days advance written notice to Customer. Additional charges will not exceed 10p per Mb of data transfer per month. In the event that NTT Europe Online elects to take such action, Customer shall not be entitled to a refund of any fees paid in advance of such corrective action.

EQUIPMENT
NTT Europe Online is acting only as a reseller and/or provider of any hardware, software, circuit and equipment (collectively, the "Equipm ent") offered under this Agreement that was manufactured by a third party. Any malfunction or manufacturer's defects or other defects, outside the control of NTT Europe Online, of Equipment either sold or provided by NTT Europe Online to Customer or purchased directly by Cust omer used in connection with the Service(s) will not be deemed a breach of NTT Europe Online's obligations under this Agreement. Any right s or remedies Customer may have regarding the performance or compliance of Equipment are limited to those rights extended to C ustomer by the manufacturer of such Equipment. Customer is entitled to use any Equipment supplied by NTT Europe Online only in connection with Customer permitted use of the Service(s).

Customer shall not resell, transfer, export or re-export any Equipment, or any technical data derived there from, in violation of any applicable United States or foreign law.

NTT Europe Online shall not be responsible for any changes in Service(s) outside its control that cause Customer Equipm ent to become obsolete, require modification or alteration, or otherwise affect the performance of the Service(s). However, if practicable (without an obligation to expend funds or incur additional costs), NTT Europe Online will assist Customer in resolving any su ch Equipment problems over which NTT Europe Online may have control.

DISCLAIMER OF WARRANTY
Customer acknowledges and agrees that NTT Europe Online exercises no control over, and accepts no responsibility for, the content of the i nformation passing through NTT Europe Online's host computers, network hubs and points of presence (the "NTT Europe Online Network") or the Internet. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NTT Europe Online, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY IN FORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING , BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT NTT Europe Online PROVIDES. NEITHER NTT Europe Online, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANT S, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANT Y AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INF ORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. NTT Europe Online IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CLIENTELE VIA THE SERVICE(S) PROVI DED BY NTT Europe Online.

INDEMNIFICATION
Customer will indemnify, save harmless, and defend NTT Europe Online and all directors, officers, employees, and agents of NTT Europe Online (collecti vely "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, procee dings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys' fees) arising out of or relating to the use of the Services by Customer, including any violation of the NTT Europe Online Acceptable Use Policy save where any of the same arise as a result of gross negligence or willful misconduct of the indemnified parties. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, tradem ark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.

LIMITATION OF LIABILITY
IN NO EVENT SHALL NTT Europe Online BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR O THER LEGAL THEORY, EVEN IF NTT Europe Online HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES .

In no event will NTT Europe Online's liability for any damages, losses and causes of actions whether in contract or tor t (including negligence or otherwise) exceed the actual amount paid by Customer for the Service which gave rise to such damage s, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of actio n arose. Where English law does not allow the exclusion or limitation of warranties or incidental or consequential damages, or the limitation of liability with respect to death or personal injury due to negligence, so that the above limitations or excl usions may not apply to Customer, in such cases, NTT Europe Online's liability (and the liability of its affiliates, agents, content provi ders and service providers) shall be limited to the greatest extent permitted by applicable law.

FORCE MAJEURE
NTT Europe Online shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circ umstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabo tage, embargo, fire, flood, strike or other labor disturbance, breakdown or damage to machinery, equipment or software, malfun ctioning of software, corruption of data, interruption of or delay in transportation, unavailability of or interruption or del ay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, suppli es, or power used in or equipment needed for provision of the Services. In the event of such a Force Majeure, NTT Europe Online shall give the other party prompt written notice within ten (10) days of the Force Majeure. If any such event continues for a continuous period of thirty (30) days, Customer may terminate this Agreement.

INTELLECTUAL PROPERTY
Customer represents and warrants that Customer's use of the Services shall not infringe the intellectual property or other pro prietary rights of NTT Europe Online or any third party. Customer further acknowledges that all right, title and interest in any and all t echnology, including the software that is part of or provided with the Services and any trademarks or service marks of NTT Europe Online ( collectively, "NTT Europe Online Intellectual Property") is vested in NTT Europe Online and/or in NTT Europe Online's licensors. Unless otherwise specifically pro vided in this Agreement, Customer shall have no right, title, claims or interest in or to the NTT Europe Online Intellectual Property. Cus tomer may not copy, modify or translate the NTT Europe Online Intellectual Property or related documentation, or decompile, disassemble or reverse engineer the NTT Europe Online Intellectual Property, to use it other than in connection with the Services, or grant any other pe rson or entity the right to do so. Unless otherwise specifically provided in this Agreement, Customer is not authorized to dis tribute or to authorize others to distribute the NTT Europe Online Intellectual Property in any manner without the prior written consent o f NTT Europe Online; provided, however, that nothing in this sentence would preclude Customer from using the NTT Europe Online Intellectual Property a s incorporated in the Services. This paragraph shall not operate to extinguish, restrict, vary, waive or affect in any manner whatsoever any right, title or interest which Customer may now have or hereafter acquires in, or in relation to, the third-par ty software that is part of or provided with the Services solely to the extent such third-party licensors publicly provide suc h rights, title or interest in the third-party software to Customer.

CONFIDENTIAL INFORMATION
Each party acknowledges that, in the course of the performance of this Agreement, it may have access to customer information a nd communications, including proprietary information claimed to be unique, secret, or confidential, and which constitutes the exclusive property and trade secrets of the other party ("Confidential Information"). Except as provided in NTT Europe Online's Acceptable Use Policy (AUP), each party agrees to maintain the confidentiality of the Confidential Information and to use the Confidenti al Information only to the extent necessary for legitimate business uses in connection with this Agreement. Upon request of ei ther party or on termination or expiration of this Agreement, each party shall return the Confidential Information of the othe r party then in its possession. Nothing in this Agreement shall prohibit or limit either party's use of information which (a) is now, or hereafter becomes, publicly known or available through lawful means; (b) is rightfully in receiving party's possess ion, as evidenced by receiving party's records; (c) is disclosed to the receiving party without confidential or proprietary re striction by a third party who rightfully possesses and rightfully discloses the information; (d) is independently developed b y the receiving party without any breach of this Agreement; (e) is the subject of a written permission to disclose provided by the disclosing party; or (f) is required to be disclosed by law, court order or request by any government or regulatory autho rity, provided that, to the extent possible, the disclosing party under this clause (f) shall give reasonable notice to the no n-disclosing party prior to disclosure in order to allow such party to object to the disclosure.

Customer further agrees and acknowledges that NTT Europe Online may disclose Customer account information in accordance with NTT Europe Online's AUP and Privacy Policy, located at www.verio.co.uk as amended from t ime to time by NTT Europe Online effective upon posting of the revised policy at the URL.

CUSTOMER DATA
Customer is solely responsible for all its content residing on NTT Europe Online servers, and except as otherwise agreed with NTT Europe Online, for t he backup and restoration of such content.

SELECTED SERVICES
By indicating choice of services, Customer agrees to the additional provisions within:

VIRTUAL PRIVATE SERVER
"Virtual Private Server" consists of the server space and software services provided to the Customer including but not limited to the HTTP service, FTP service, SMTP service, POP service, and server add-ons. Physical Server Set-Up and Updating. NTT Europe Online w ill initially configure the Virtual Private Server for use. After the Virtual Private Server is configured, the Customer will be solely responsible for all Web Server content management. Maintenance Services. NTT Europe Online will perform maintenance services as NTT Europe Online determines reasonably necessary to maintain the continuous operation of the Virtual Private Server. Customer understands that such maintenance may require server downtime. NTT Europe Online will attempt to provide prior notice of the maintenance downtime, ex cept when circumstances beyond NTT Europe Online's control limit NTT Europe Online's ability to do so.

Excessive CPU Usage. Customer agrees that Customer shall not use excessive amounts of CPU processing (i.e., amounts beyond the amount ordered on the Service Order Form) on any of NTT Europe Online's servers. Any violation of this policy may resu lt in corrective action by NTT Europe Online, in its sole reasonable discretion, including assessment of additional standard charges, disc onnection or discontinuance of any and all Services, or termination of this Agreement. In the event that NTT Europe Online elects to take any corrective action, Customer shall not be entitled to a refund of any fees paid in advance prior to such corrective action. E-Commerce. Customer will be solely responsible for the development, operation and maintenance of Customer's Web site and pro ducts and all contents and materials appearing online or on Customer's products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the Web site or related to Customer's products, (b) ensuring th at the content and materials appearing within the Web site or related to Customer's products do not violate or infringe upon t he rights of any third party, and (c) ensuring that the content and materials appearing within the Web site or related to Cust omer's products are not libelous or otherwise illegal. Customer will be solely responsible for the final calculation and appli cation of any and all applicable shipping costs and sales taxes. Customer will also be solely responsible for accepting, proce ssing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom. Customer is s ubject to applicable data protection, intellectual property, and consumer protection laws, and is responsible for the security of any customer credit card numbers and related customer information Customer may access as a result of conducting electronic commerce transactions through the Software. Customer will keep all such information confidential and will use the same degree of care and security as Customer use with Customer's confidential information. Excessive CPU Usage. Customer agrees that Customer shall not use excessive amounts of CPU processing (i.e., amounts beyond the amount ordered on the Service Order Form) on any of NTT Europe Online's servers. Any violation of this policy may resu lt in corrective action by NTT Europe Online, in its sole reasonable discretion, including assessment of additional standard charges, disc onnection or discontinuance of any and all Services, or termination of this Agreement. In the event that NTT Europe Online elects to take any corrective action, Customer shall not be entitled to a refund of any fees paid in advance prior to such corrective action. E-Commerce. Customer will be solely responsible for the development, operation and maintenance of Customer's Web site and pro ducts and all contents and materials appearing online or on Customer's products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the Web site or related to Customer's products, (b) ensuring th at the content and materials appearing within the Web site or related to Customer's products do not violate or infringe upon t he rights of any third party, and (c) ensuring that the content and materials appearing within the Web site or related to Cust omer's products are not libelous or otherwise illegal. Customer will be solely responsible for the final calculation and appli cation of any and all applicable shipping costs and sales taxes. Customer will also be solely responsible for accepting, proce ssing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom. Customer is s ubject to applicable data protection, intellectual property, and consumer protection laws, and is responsible for the security of any customer credit card numbers and related customer information Customer may access as a result of conducting electronic commerce transactions through the Software. Customer will keep all such information confidential and will use the same degree of care and security as Customer use with Customer's confidential information.

SHARED HOSTING
Server Set-Up and Updating. NTT Europe Online will initially configure the Server for use. After the Server is configured, the Customer wi ll be solely responsible for all Web Server content management. Maintenance Services. NTT Europe Online will perform maintenance services as NTT Europe Online determines reasonably necessary to maintain the continuous operation of the Server. Customer understands that such ma intenance may require server downtime. NTT Europe Online will attempt to provide prior notice of the maintenance downtime, except when cir cumstances beyond NTT Europe Online's control limit NTT Europe Online's ability to do so.

Excessive CPU Usage. Customer agrees that Customer shall not use excessive amounts of CPU processing (i.e., amounts beyond the amount ordered on the Service Order Form) on any of NTT Europe Online's servers. Any violation of this policy may resu lt in corrective action by NTT Europe Online, in its sole reasonable discretion, including assessment of standard additional charges, disc onnection or discontinuance of any and all Services, or termination of this Agreement. In the event that NTT Europe Online elects to take any corrective action, Customer shall not be entitled to a refund of any fees paid in advance prior to such corrective action. E-Commerce. Customer will be solely responsible for the development, operation and maintenance of Customer's Web site and pro ducts and all contents and materials appearing online or on Customer's products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the Web site or related to Customer's products, (b) ensuring th at the content and materials appearing within the Web site or related to Customer's products do not violate or infringe upon t he rights of any third party, and (c) ensuring that the content and materials appearing within the Web site or related to Cust omer's products are not libelous or otherwise illegal. Customer will be solely responsible for the final calculation and appli cation of any and all applicable shipping costs and sales taxes. Customer will also be solely responsible for accepting, proce ssing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom. Customer is s ubject to applicable data protection, intellectual property, and consumer protection laws, and is responsible for the security of any customer credit card numbers and related customer information Customer may access as a result of conducting electronic commerce transactions through the Software. Customer will keep all such information confidential and will use the same degree of care and security as Customer uses with Customer's confidential information.

THIRTY DAY GUARANTEE
Customer may try out Shared Hosting risk free for thirty (30) days. If Customer is not completely satisfied, Customer may canc el the account within thirty (30) days of the submission of Customer's Service Order Form and receive a full refund of any Ser vice charges, excluding set-up and domain name registration fees NTT Europe Online has collected in advance and Customer shall be under no further obligations. For security, all cancellation requests must be by the primary contact person on the account who shall p rovide sufficient Customer identification information. However, NTT Europe Online shall not be liable for unauthorized termination of an a ccount. Any cancellation request shall be effective upon receipt.

DOMAIN NAME REGISTRATION

  1. Registrar Services: NTT Europe Online has entered into an agreement with three (3) accredited domain name registrars, Melbourn eIT Ltd. ("MelbIT") (.com, .org, .net), Nominet (.co.uk, .org.uk, .ltd.uk), Centralnic (.uk.com, .eu.com ) to provide Customer with domain name registration services, for any requests by Customer to NTT Europe Online to register an Internet domain name. All fees a re non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred pri or to the end of Customer's then current registration term. NTT Europe Online reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.
  2. Cancellation: Reinstatement. In the event of cancellation by the customer or a chargeback by a credit card company (or similar action by another payment provider allowed by NTT Europe Online) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration will be cancelled, the domain made available to the public and and no refund given. Otherwise the domain name registration shall be transferred to V ERIO as the paying entity for that registration to the registry and NTT Europe Online reserves all rights regarding such domain name inclu ding, without limitation, the right to make the domain name available to other parties for purchase. NTT Europe Online will reinstate Cust omer's domain name registration solely at NTT Europe Online's discretion, and subject to NTT Europe Online's receipt of the initial registration or re newal fee and NTT Europe Online's then-current reinstatement fee.
  3. Renewal. MelbIT (.com, .org, .net ): Customer will be notified by the registry board when renewal fees are due. Re newal fees are payable directly to the registry board. Failure to pay these fees in the time specified by the registry will re sult in cancellation of the registration. Customer must ensure billing information held at the registry is accurate. Nominet ( .co.uk, .org.uk, .ltd.uk) and Centralnic (.uk.com, .eu.com): Customer will be notified when renewal fees are due. Should these fees go unpaid within the time specified in a second notice or reminder regarding renewal, Customer's registration will be ca ncelled.
  4. Transfer: Customer will be responsible for all costs and fees associated with the registration of Customer's domai n name including, but not limited to, all costs and fees for moving or transferring such domain name. Under no circumstances s hall NTT Europe Online be responsible for this cost.
  5. Use of Personal Information: Updated Information. MelbIT, Nominet, Centralnic and/or NTT Europe Online will collect certain pe rsonal information (including, without limitation, contact information such as name, address, email address and telephone numb er) ("Personal Information") from Customer during the registration process. Customer agrees and acknowledges that MelbIT will share Personal Information that Customer provides (or that is gathered about Customer during the registration process, includi ng, for example, Customer's primary domain name server and the like, or that MelbIT, Nominet, Centralnic or NTT Europe Online otherwise ma intains,) with one another, with the Internet Corporation for Assigned Names and Numbers ("ICANN"), with registry administrato r(s), and with other third parties as ICANN and applicable laws and/or policy may require or permit. Customer further agrees a nd acknowledges that MelbIT Nominet, Centralnic and/or NTT Europe Online shall be permitted (and in some cases may be required) to make pu blicly available, or directly available to third party vendors, some, or all, of the Personal Information or domain name regis tration information Customer provides, for purposes of inspection (such as through NTT Europe Online's WHOIS service) or for targeted mark eting and other purposes as required or permitted by ICANN and applicable laws. Customer may access Customer's Personal Inform ation and/or domain name registration information in MelbIT' Nominet, Centralnic or NTT Europe Online's possession to review, modify or up date such information, through a NTT Europe Online information maintenance interface ("NTT Europe Online Interface") that is accessible on the NTT Europe Online W ebsite. NTT Europe Online will not process data about any identified or identifiable natural person that we obtain from Customer in a way incompatible with the purposes and other limitations which NTT Europe Online describes in this Agreement or otherwise in contradiction wit h the Data Protection Act. MelbIT Nominet and Centralnic will take reasonable precautions to protect the information they obta in from Customer from loss, misuse, unauthorized access or disclosure, alteration or destruction. To the extent permissible by law, Customer hereby irrevocably waives any and all claims and causes of action Customer may have arising from such disclosur e or use of Customer's Personal Information and/or domain name registration information by MelbIT, Nominet, Centralnic or NTT Europe Online.
  6. ICANN Guidelines: Additionally, Customer acknowledges that ICANN may establish guidelines, limits and/or requireme nts that relate to the amount and type of information that MelbIT or NTT Europe Online may or must make available to the public or to priv ate entities, and the manner in which such information is made available. Customer hereby consents to any and all such disclos ures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by Customer in connecti on with the registration of a domain name (including any updates to such information), whether during or after the term of Cus tomer's registration of the domain name.
  7. Third Party Data: In the event that, in registering the domain name, Customer is providing information about a thi rd party, Customer hereby represents that Customer has (1) provided notice to that third party of the disclosure and use of th e party's information as set forth in this Agreement, and (2) that Customer has obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.
  8. Accuracy of Data: Customer acknowledges that willfully providing inaccurate information or willfully failing to up date information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of Customer's domain name registration. (In addition, under certain federal laws, such provision of inaccurate or false informat ion is one factor in determining whether Customer may have violated the trademark rights of another party in registering a dom ain name confusingly similar to such party's trademark.) Customer further agrees that Customer's failure to respond for over f ifteen (15) calendar days to inquiries by MelbIT, Nominet, Centralnic and/or NTT Europe Online concerning the accuracy of contact details associated with Customer's registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of Customer's domain name registration.
  9. If Customer has registered a .com, .net, or .org domain name through NTT Europe Online prior to January 10, 2000, and Customer asked NTT Europe Online to register the domain name for Customer, such domain names are subject to the agreement Customer entered into wi th Network Solutions, Inc. ("NSI"), which was then NTT Europe Online's exclusive provider of domain name registration services. By applyin g for the domain name and through the use or continued use of the domain name, the applicant agrees to be bound by the terms o f NSI's domain name policy (the "NSI Policy") which is available at: www.networksolutions.com/legal/service-agreement.html
  10. Domain name search process: NTT Europe Online endeavors to make the domain name availability search process reliable; however, NTT Europe Online does not guarantee availability of domain names or the accuracy or security of the WHOIS system. The registration proce ss is not complete until the domain name requested by Customer has been registered in Customer's name with the appropriate reg istry. Because there are delays in the actual registration of a domain name with the appropriate registry, NTT Europe Online is not respon sible if domain names requested by Customer are actually registered to third parties.
  11. Third-Party Proprietary Rights: NTT Europe Online makes no representations concerning and does not guarantee that Customer's d omain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third part y. Customer agrees to be bound by the terms of the appropriate Domain Name Registration Agreement, Domain Name Dispute Policy, and related agreements that Customer will be asked to review and indicate Customer's acceptance of during the domain name reg istration process. The Domain Name Dispute Policy for .com, .net, and .org customers is posted at www.icann.org/udrp .
  12. Welcome Page: Customer consents to NTT Europe Online's activation ("parking") of the registered domain name on a "Welcome Page " containing a notice, "Welcome to domain name." Such "Welcome Page" indicates that NTT Europe Online registered the domain name, and link s to NTT Europe Online Websites. This "Welcome Page" may be replaced by the Customer when the Customer contracts for Web hosting and posts Customer's own content.

MISCELLANEOUS GOVERNING LAW
The validity, interpretation, enforceability, and performance of this Agreemen t shall be governed by and construed in accordance with the laws of the United Kingdom.

ENFORCEMENT OF AGREEMENT
In the event it is necessary for NTT Europe Online to enforce its rights under this agreement, Customer agrees to pay all fees incurred by NTT Europe Online (including, but not limited to, attorney's fees and collection agency fees)

AMENDMENT OR WAIVER
Except as otherwise provided herein, this Agreement may not be amended except upon the written consent of Customer and an officer of NTT Europe Online. No failure to exercise and no delay in exercising any right, remedy, or p ower hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power here under preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or b y law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.

ASSIGNMENT AND SEVERABILITY
This Agreement shall be binding upon and inure to the benefit of Customer, VERI O and NTT Europe Online's respective successors, and assigns. Customer may not assign this Agreement without the prior written consent of NTT Europe Online, which consent will not be unreasonably withheld or delayed. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force a nd effect.

NOTICES
All notices to Customer hereunder shall be given at the Billing Address provided on the signature p age hereto. All notices to NTT Europe Online hereunder shall be given to:

NTT Europe Online Ltd
Devon House
58 - 60 St. Katharine's Way, 1st Floor
London EW1 1LB
Facsimile: 020 7767 3701

With copy to:

Legal Department
Verio Inc.
8005 S. Chester Street
Suite 200
Englewood, Colorado 80112 USA
Facsimile: 303-792-3879

Any notice hereunder shall be in writing and shall be given by registered, certified or Express mail, or re liable overnight courier addressed to the addresses in this Agreement, or by facsimile. Notice shall be deemed to be given upo n the earlier of actual receipt or three (3) days after it has been sent, properly addressed and with postage prepaid.

ENTIRE AGREEMENT
This Agreement, and any other document or agreements specifically identified in this Agreement, supercedes all previous repres entations, understandings or agreements.

SURVIVAL
The rights and obligations of the parties in this Agreement that would by their nature or context be intended to survive the e xpiration or termination of this Agreement shall so survive.

ACCEPTANCE OF SERVICES
ACCEPTANCE OF THIS AGREEMENT BY NTT Europe Online MAY BE SUBJECT, IN NTT Europe Online'S ABSOLUTE DISCRETION, TO SATISFACTORY COMPLETION OF A CREDIT CHECK AND CONTINUED CREDIT WORTHINESS OF CUSTOMER. ACTIVATION OF SERVICE SHALL INDICATE NTT Europe Online'S ACCEPTANCE OF THIS AGRE EMENT. USE OF THE NTT Europe Online NETWORK CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. CUSTOMER REPRESENTS AND WARRANTS THAT CUSTOMER HAS F ULL AUTHORITY AND RIGHT TO ENTER INTO THIS AGREEMENT. CUSTOMER FURTHER REPRESENTS AND WARRANTS THAT CUSTOMER IS AT LEAST 18 YE ARS OF AGE.