| 1 |
DEFINITIONS AND INTERPRETATION |
| 1.1 |
In this Agreement, including the Recitals, unless otherwise expressed or required by the context, the following expressions shall have the respective meanings set opposite thereto:- |
| |
| Expression |
Meaning |
| "Charges" |
means the charges to be paid by the Customer for the Services as specified in the Order Form; |
| "Confidential Information" |
means all business, technical, financial or other information communicated or made known to the Customer by UDOMAIN; |
| "Content" |
means all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the Website; |
| "Customer Software" |
means the software used in the Website owned by the Customer, or licensed to it by a third party or UDOMAIN, but shall not include UDOMAIN Software; |
| "DNS" |
stands for domain name server; |
| "Initial Term" |
means the initial period, which the Charges cover, for the supply of the Services; |
| "Intellectual Property Rights" |
means patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, in each case whether registrable or not in any country; |
| "IP address" |
stands for an internet protocol address; |
| "ISP" |
stands for internet service provider; |
| "Migration Services" |
means the services described in Clause 11.2; |
| "Server" |
means the server or servers as designated by UDOMAIN from time to time through which UDOMAIN provides the Services to the Customer in accordance with this Agreement; |
| "Services" |
means the services relating to hosting provided to the Customer by UDOMAIN which form part of the hosting package and such services chosen by the Customer and set out in the Order Form; |
| "Software" |
means the Customer Software and UDOMAIN Software; |
| "Term Sheets" |
means the sheets of variable terms annexed to and forming part of this Agreement |
| "UDOMAIN Software" |
means the software and related documentation owned by or licensed to UDOMAIN including any Upgrades or related documentation; |
| "Upgrades" |
includes all updates, upgrades, enhancements, corrections, modifications, new releases, new versions and bug fixes in object code form only from time to time issued or made available by UDOMAIN; |
| "URL" |
stands for universal resource locator; |
| "Virus" |
means a computer program that copies itself or is copied to other storage media including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation | |