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Hosting Services Schedule

This is a Schedule to the Terms and Conditions of Karman Digital Limited. This Schedule applies to the Hosting Services as stipulated in the Order Form (as may be amended by the Parties by a Change Control Note).

Unless the context otherwise requires, the definitions used in the Terms and Conditions apply to this Schedule. Any other terms defined in this Schedule have that meaning for this Schedule only.

  1. Definitions

    In this Schedule, the following terms shall have the following meanings unless the context requires otherwise:

    "Extended Hosting Term": the period of time set out in the Order Form;

    "Hosting Term": has the meaning given in Paragraph 2.1; and

    "Initial Hosting Term": the period of time set out in the Order Form.

  2. Hosting Term and termination
    1. This Schedule shall commence on the Go-Live Date (or such other date as set out in the Order Form) and shall automatically continue for the Extended Hosting Term at the end of the Initial Hosting Term or the previous Extended Hosting Term (as applicable) (the "Hosting Term"), unless:
      1. either Party notifies the other party of termination, in writing, at least 60 days before the end of the Initial Hosting Term or the current Extended Hosting Term, in which case this Schedule shall terminate upon the expiry of the Initial Hosting Term or the current Extended Hosting Term; or
      2. this Agreement is otherwise terminated early in accordance with the termination provisions set out in the Terms and Conditions.
    2. On termination of this Schedule for any reason:
      1. all licences granted under this Schedule shall immediately terminate; and
      2. you shall immediately cease to receive the Hosting Services.
  3. Hosting Services
    1. Subject to the Paragraphs of this Schedule and your compliance with your obligations under this Agreement, we shall provide Hosting Services to you and host the applicable website on the Server during the Hosting Term.
    2. You acknowledge and agree that the Hosting Services shall be subject to the agreed hosting resources (as detailed in the specification set out in or attached to the Order Form or as notified to you by us from time to time) and that any use beyond such hosting resources shall be considered a breach of this Agreement by you and we may, without prejudice to any other right or remedy we may have, increase the Hosting Fees to reflect the actual hosting resources used and suspend our provision of the Hosting Services if such increased Hosting Fees are not paid by you.
    3. We do not guarantee against, nor shall we be liable in the event of, any breaks in the continuity of the electricity supply or of the telecoms link to the Server where such is provided by a third party.
    4. If the Hosting Services are suspended or interrupted, we shall use all reasonable endeavours to restore such Hosting Services with minimum delay, but we shall not be liable for any lost, corrupted or destroyed data as a result of any suspension of interruption.
    5. We shall have no responsibility for any Server downtime or any interruption to the Hosting Services where such an event takes places as a result of an Event of Force Majeure.
    6. If the website for which we shall provide the Hosting Services is used for any unlawful means, then we may suspend the Hosting Services or terminate this Schedule upon written notice to you. Where any such suspension or termination takes place, we reserve the right to delete all of your files (including website details and software) without prior notice to you.
    7. Where requested we may advise you on the selection of particular domain names to be used as part of the Hosting Services but we cannot guarantee that any domain names you request will be available and we have no responsibility whatsoever for the domain name selected by you including as to whether it will infringe any rights of a third party or otherwise.
    8. We reserve the right to charge additional Fees for any administrative work associated with any domain name transfers we perform for you.
  4. Your obligations
    1. Unless agreed in writing, any renewal in respect of any registered domain names used as part of the Hosting Services, shall be your responsibility.
    2. You warrant, represent and undertake that the applicable website shall contain no Inappropriate Content and shall not be used directly or indirect for any unlawful purpose. You acknowledge that an unlawful purpose shall include:
      1. the infringement of any third party’s Intellectual Property Rights including any civil or criminal offence in respect of copyright, patent or trademark infringement;
      2. the transmission, display or posting of indecent, obscene or pornographic material;
      3. the commission of any criminal office (including deliberate transmission of computer viruses) under the Computer Misuse Act 1990 or similar legislation in any country;
      4. any transmission, display or posting of any material which is defamatory, offensive or is of an abusive or menacing nature; or
      5. any purposes generally deemed to be unacceptable, including spamming, hacking, phreaking, password cracking, pirated software, emulators, or IP spoofing or providing any links or guides to such material.
    3. You shall ensure that the applicable website and any materials shared with us for the purposes of enabling us to provide the Hosting Services compliance with the laws, regulations and requirements of any country from which it can be accessed.
    4. Where we have agreed to provide Hosting Services for a website other than a website developed by us, you grant us a non-exclusive right to use such website to the extent required for us to perform our obligations under this Schedule. You agree to indemnify, keep us indemnified, and hold us harmless against any and all loss, liability or damage we incur or suffer as a result of any actual or threatened claim that such a website infringes the Intellectual Property Rights of a third party.
    5. You agree to indemnify, keep us indemnified, and hold us harmless against any and all loss, liability or damage we incur or suffer as a result of any breach of this Schedule by you.