SPECIAL TERMS AND CONDITIONS

1. DOMAIN NAME SERVICES

Where the Services include the registration or transfer of domain names by TSGI on behalf of the Customer, or where the Customer requests during the continuance of the Agreement that TSGI provides to it or any Third Party User such a service the following Special Terms and Conditions shall apply:

(a) Unless specifically stated otherwise to the contrary in the Service Schedule, the Customer shall pay TSGI's charges in connection with services for the registration, hosting, renewal or transfer of any domain names on behalf of the Customer or any Third Party User at TSGI's then current rates for such services;

(b) The Customer shall be responsible for the selection of all domain names which it may from time to time instruct TSGI to register on its behalf or on behalf of a Third Party User, and in particular that it shall not, and shall procure that no Third Party User shall, request or otherwise cause TSGI to register or otherwise deal with any domain name which is likely to infringe the trade mark rights of any third party or which is confusingly similar to any other third party's trade mark or domain name. The Customer further undertakes not to, and procures that no Third Party User shall, use or attempt to use any domain name registered by TSGI on its behalf in bad faith or in a manner designed to confuse third parties as to the nature and origin of any website which may be accessed via such domain name;

(c) The Customer shall indemnify TSGI against all costs, claims, losses, damages and expenses suffered or incurred by TSGI as a result of any breach by the Customer of its obligations under (b) above, and the Customer agrees that TSGI may comply with any order from any competent authority to deliver up or transfer any domain name on the grounds that the same infringes the rights of a third party or otherwise.

2. VIRUS CHECKING

Where the Services include the provision of virus checking and/or firewall services to the Customer the following Special Terms and Conditions shall apply:

(a) Unless otherwise stated in the Service Schedule the Customer shall be responsible for ensuring that it has and keeps in place suitable procedures for backing-up its data and for disaster recovery;

(b) TSGI shall use up to date virus checking software (as specified in the Service Schedule) but the Customer acknowledges that no virus checking software is guaranteed to detect all viruses and that therefore TSGI gives no guarantee or warranty that the Customer's or any Third Party User's systems will be virus-free;

(c) Where the Customer is or becomes aware of any matter which it knows or ought reasonably be expected to know constitute a threat to the security or integrity of the Customer's or any Third Party User's system it shall immediately notify TSGI of such matter.

(d) TSGI shall use reasonable endeavours to ensure that in any part of the Service Equipment which has the principal purpose of safeguarding the security of the Services shall at the Service Commencement Date comply with any published specifications relating to it, and TSGI shall where practicable pass on to the Customer the benefit of any warranties given to TSGI by the supplier of any such Service Equipment. Notwithstanding the foregoing TSGI provides no guarantee or warranty with respect to the security of the Services or the Customer's or Third Party User's systems.

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3. SALE OF SERVICE EQUIPMENT

Where the Service Schedule indicates that TSGI is to sell specified Service Equipment to the Customer the following Special Terms and Conditions shall apply:

(a) The legal and beneficial ownership of such Service Equipment shall not pass to the Customer until payment in full and in clear funds of the Service Equipment Price.

(b) In the event that there is computer software embedded in or forming an integral part of the Service Equipment, this software shall be deemed Third Party Software and the terms of clause 13 of the General Terms and Conditions shall apply.

(c) To the extent that TSGI has the benefit of any warranty or guarantee in respect of the Service Equipment, TSGI will, to the extent that it is able, pass on the benefit of such warranty or guarantee to the Customer, but gives no other warranty or guarantee in respect of the Service Equipment.

(d) The Customer shall abide by any export controls in respect of the Service Equipment imposed by the Department of Commerce of the United States of America which are notified to it by TSGI in advance.

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4. CO-LOCATION SERVICES

Where the Services include the provision of co-location services or facilities by TSGI the following Special Terms & Conditions shall apply:

(a) the Customer must ensure that the Customer Equipment for the Space allocated to it has no more than the maximum permitted heat dissipation set out in the Service Specification;

(b) the Customer may not use the Space for any purpose other than installing, maintaining and operating the Customer Equipment and shall comply with TSGI’s security procedures and safety practices in entering the Space. Only employees and agents of the Customer authorised by TSGI may have access to the Space and TSGI may revoke entry privileges for any persons who TSGI reasonably suspects may breach security and safety procedures;

(c) TSGI reserves the right of access to the Space in the case of emergency. TSGI reserves the right to relocate Customer Equipment to another facility by giving no less than thirty days written notice. If the Customer objects to the location of the new Space, the Customer may terminate the Agreement relating to this Service without penalty within thirty days of receiving notice of the new Space location;

(d) the Customer acknowledges that it has only been granted a license to occupy the Space and has not been granted any leasehold interest in the Space. If the Space is damaged then TSGI may relocate the Customer Equipment.

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