Term and Conditions

The Terms & Conditions document can be downloaded here (86KB Word file)

1. Definitions

(a) "Adaptive" means Adaptive Technologies Ltd, a company registered in England, Registered Company Number 3621786. "Order" means the Order for Services on Adaptive’s Order Form or any request by the Customer and accepted as an Order by Adaptive and into which these Terms and Conditions are incorporated. "Writing" means communications by e-mail, post, fax or hand delivery, such written communication will not be deemed served on Adaptive until received by Adaptive.

(b) "The Customer" means the person or company who contracts with Adaptive for the Services and where one person contracts with Adaptive on behalf of or as an agent for another, the Customer shall be deemed to include all those persons.

(c) "Service(s)" means the Internet Service(s) and services associated thereto supplied by Adaptive to the Customer and/or the registration of Domain Names as described in Adaptive’s Order Form.

2. Terms and Conditions of Supply

(a) The parties agree that these terms and conditions (together with any other terms and conditions expressly incorporated into this contract) represent the entire agreement between the parties relating to the sale or supply of the Services and that no statement or representation made by either party has been relied upon by the other in agreeing to enter into this contract.

(b) Adaptive’s employees or agents are not authorised to make any representation concerning the Services unless confirmed by an Officer of Adaptive in writing. In entering into the Contract the Customer acknowledges that it does not rely upon any such representation that is not so confirmed.

(c) Any advice or recommendation given by Adaptive or its employees or agents to the Customer or its employees or agents as to supply of the Services which is not confirmed in writing by Adaptive is followed or acted upon entirely at the Customer’s own risk and Adaptive shall not be liable for any such advice or recommendation which is not so confirmed.

(d) Quotations issued by Adaptive are given subject to these Terms and Conditions and are not offers capable of acceptance so as to make a legally binding contract. All orders (by whatever name called) submitted to Adaptive require Adaptive’s written acceptance before any Contract arises and thereafter incorporate these Terms and Conditions.

(e) These terms and conditions exclude any other terms and conditions in any form of contract or order or similar which are inconsistent with these conditions which the Customer may seek to impose, even if such purports to exclude or supersede any terms and conditions inconsistent with them. The Customer accepts that any Service(s) received by him or any contract between Adaptive and the Customer, shall be deemed to be acceptance of these Terms and Conditions.

(f) No order which has been accepted in Writing by Adaptive may be cancelled by the Customer except with the Agreement in Writing of Adaptive and on terms that the Customer shall indemnify Adaptive in full against all loss, costs, damages, charges and expenses incurred by Adaptive.

(g) Adaptive reserves the right to delegate or sub-contract any part of the Service(s), providing this is agreed by the Customer in Writing in advance of the sub-contracting.

(h) Any variations to these Terms and Conditions shall have no effect unless expressly agreed in writing save that Adaptive may from time to time vary any term of this agreement that shall enable it to fulfil its obligations herein and any such variation will be notified to the Customer by Adaptive publishing the variation on its website.

(i) Any typographical, clerical or other error or omission in any written or printed document or information issued by Adaptive shall be subject to correction or alteration at any time without any liability on the part of Adaptive.

(j) The Customer acknowledges; that it purchases Services in a competitive market and that the bargaining strength of Adaptive was not a relevant factor; that it received no inducement to agree to any term herein; that it knows and understands the existence, extent and meaning of these conditions; that it knows and understands the restriction or exclusion of any rights given to it in this contract or by any of the implied or express conditions and warranties contained in the Supply of Goods and Services Act 1982 or any other enactment or any other principle in law or equity and that it accepts the restriction or exclusion of those conditions as being fair and reasonable having regard to all the circumstances of the Agreement.

(k) Unless (and to the extent) otherwise agreed in writing between the parties, time shall not be of the essence of the performance by Adaptive of any of its obligations under this Agreement.

(l) Nothing in this Agreement and no action taken by the parties pursuant to this Agreement shall constitute or be deemed to constitute between the parties a partnership, association, joint venture, or other co-operative entity.

3. Specifications

(a) The quantity, quality and description of and any specification for the Services shall be those set out in the Order Form. All descriptive terms contained in Adaptive’s sales literature and price lists are approximate only and shall not form part of this contract.

(b) The Customer shall be responsible to Adaptive for ensuring the accuracy of the terms of any Order (including any applicable specification), and for giving Adaptive any necessary information relating to the Service(s) and within a sufficient time to enable Adaptive to perform the Contract in accordance with its terms. The customer is entirely responsible for satisfying itself that all Service(s) supplied by Adaptive (including any descriptions, data, advice, recommendations or other information provided by Adaptive in relation to those Service(s)) are entirely suitable for the Customer’s purposes, having particular regard to relevant on-site conditions, the nature of any existing equipment of the Customer or other circumstances of the application of the Services known only to the customer or any particular purpose intended for any Service.

(c) Adaptive reserves the right at all times to substitute, change, rearrange or alter the configuration of the Service(s) provided under this agreement. Adaptive shall, where possible, use reasonable efforts to give prior written notice to the Customer of such substitution change, rearrangement or alteration.

(d) The provisions of this contract apply only to those parts of the Internet Service(s) which are provided by Adaptive. Adaptive is not responsible in any way for any other Service or connection, including but not limited to other networks to which Adaptive connects. Adaptive may without notice and from time to time change or alter the networks to which Adaptive connects.

(e) Adaptive shall not be responsible for adapting or modifying the Services to conform to statutory requirements not current at the time of the acceptance of the Order. In the event of changes to statutory requirements Adaptive will use all reasonable endeavours to cooperate with the Customer to agree and implement a modification to the Service(s) to comply with the new requirements.

4. Price and Payment

(a) The Price of the Service(s) shall be the price on Adaptive’s Order Form. The Customer is responsible for all charges including and after the commencement of the Service. Unless otherwise stated all prices are exclusive of value added tax and any other taxes.

(b) The Customer shall pay Adaptive for the Service(s) in accordance with the rates and in the manner set out in the Adaptive Order Form unless otherwise agreed in writing. Save for the initial payment, the Customer shall pay the price to Adaptive within thirty (30) days of the date on the relevant invoice rendered by Adaptive. Any amounts disputed in good faith may be deducted from the invoice and the remainder must be paid by the due date. The disputed amount should be notified in writing to Adaptive within 30 days of receipt of the invoice giving the reasons for withholding payment. Upon receipt of the Customer’s dispute notice, Adaptive and the Customer will work together in good faith to resolve such disputes in a prompt and mutually acceptable manner. The Customer agrees to pay any disputed amounts within 10 working days once the issues have been resolved.

(c) All amounts due to Adaptive under this Agreement shall be paid by the Customer in full (without any set-off, deductions or withholdings whatsoever) by standing order, direct debit, cheque, electronic transfer or such other method as may be agreed. Payment(s) made to Adaptive will be applied to the oldest balance due to Adaptive at the time of payment.

(d) Adaptive may increase prices where written notice is given to the Customer at least thirty (30) calendar days prior to the start of the period for which the price change is to take effect.

(e) If the Customer fails to make payment in full on the due date then, without prejudice to any other right or remedy available to Adaptive, Adaptive shall be entitled to; cancel the contract (or outstanding part thereof); suspend any further supply of Service(s) to the Customer; appropriate any payment made by the Customer to such of the Services (or the Services supplied under any other contract between the Customer and Adaptive) as Adaptive may think fit (notwithstanding any purported appropriation by the Customer) and/or charge the Customer interest (both before and after any judgment) on the amount unpaid at the rate of eight per cent per annum above Bank of England base rate from time to time. Until payment in full is made, such interest is to accrue on a daily basis. If it were held that Adaptive is not entitled to rely upon this provision, Adaptive will rely upon the statutory provision in respect of interest pursuant to the Late Payment of Commercial Debts (Interest) Act 1998. Adaptive will employ all reasonable endeavours to inform the Customer in writing of its intention to follow this course of action.

5. Commencement of Service

(a) The Service will be deemed to be accepted by the Customer and to commence immediately upon Adaptive communicating to the Customer by whatever method that it is ready to provide the Service(s).

(b) Adaptive will use its reasonable endeavours to comply with any date or dates for commencement of the Service(s) but such date(s) will constitute only statements of expectation and will not be binding. If Adaptive fails to provide the Service(s) by such date(s) such failure shall not constitute a breach of this agreement and in particular without limitation Adaptive shall not be responsible for delays shown to be caused by Carriers or telephone companies providing access circuits, any default of the Customer, the management of the Customer's premises or any failure beyond the control of Adaptive.

6. Term and Termination

(a) This agreement shall be effective for an initial term of 12 months and shall continue thereafter until determined in accordance with the provisions herein.

(b) This agreement may be terminated by either party on any date after the end of the initial term provided that written notice is given to the other party at least 1 month in advance of the termination.

(c) The Customer may terminate this Agreement forthwith where the Service(s) provided by Adaptive is interrupted for thirty (30) continuous working days provided that the interruption in the service is due to a failure of Adaptive’s facility, equipment or personnel and which interruption is not caused by a relevant Carrier or any other party other than Adaptive. Any period of interruption to the Service(s) for the purposes of this provision does not include any period of interruption resulting from the Customer’s failure to make payment.

(d) Adaptive may terminate this Agreement forthwith or withdraw or suspend the Service(s) at any time upon:

(i) the Customer failing to make payment to Adaptive in accordance with this agreement;

(ii) the Customer expressly or impliedly repudiating or breaching this agreement by refusing or threatening to refuse to comply with any of the provisions of this agreement or Adaptive’s Acceptable Use Policy;

(iii) the Customer entering a voluntary arrangement with its creditors, or has or had a petition or an administration order with its creditors presented against it, or becomes subject to an administration order, or becomes insolvent, goes into compulsory or voluntary liquidation or a provisional liquidator or a receiver and/or manager or administrative receiver is appointed, an encumbrancer takes possession of any of the property or assets of the Customer or if the Customer ceases, or threatens to cease, to carry on any business, fails to or refuses to pay in full any sum due and payable by the Customer to Adaptive on the due date for payment, or Adaptive reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer.

(e) Any termination shall not relieve the Customer of its obligation to pay any charges incurred hereunder prior to such termination. Unless otherwise agreed by Adaptive the Customer shall be liable for all costs and charges incurred by Adaptive arising from such termination. The Parties' right and obligations that by their nature would extend beyond the termination, cancellation or expiry of this Agreement shall survive such termination, cancellation or expiry.

(f) Upon termination of this Agreement and at the request of the Customer Adaptive will return or destroy all confidential information belonging to the Customer.

7. Service Maintenance

From time to time Adaptive and/or a relevant Carrier may have to interrupt the Service(s) or alter the specification of the Service(s) for operational or maintenance reasons. Wherever possible, notice of such interruption shall be given to the Customer in Writing prior to the event and any alteration to the interruption will be notified likewise. Adaptive will use their best endeavours to reduce the duration of any interruption of service. Wherever possible, Adaptive shall implement all Service(s) maintenance, specification alterations or suspensions outside Working Hours.

In any event the Customer shall have no claim against Adaptive arising from such interruption for whatever loss or for whatever reason.

8. Fault Resolution

(a) In the event that the Customer becomes aware of a defect, fault or impairment in the provision of the Service(s) other than by way of service maintenance, and the Customer gives written notification to Adaptive of such defect, fault or impairment, then Adaptive shall use its best endeavours to resolve the defect, fault or impairment as quickly as reasonably possible.

(b) If it is determined that the defect, fault or impairment is a result of:

(i) the negligence, act, omission, or fault of the Customer or its agents, or

(ii) the Customer or its Agent's breach of this Agreement, or

(iii) the failure or malfunction of Customer Equipment, then Adaptive may recover from the customer all reasonable costs incurred in remedying the defect, fault or impairment.

9. Service Suspension

(a) Adaptive may at its absolute discretion elect to suspend forthwith provision of the Service(s) until further notice in the event that:

(i) Adaptive is entitled to terminate this Agreement (and no exercise by Adaptive of its right of suspension under this clause shall exclude Adaptive's right subsequently to terminate this Agreement); or

(ii) Adaptive needs to carry out repairs to any equipment or configurations of equipment which are used to provide the Service(s); or

(iii) Adaptive is obliged to comply with an order, instruction or request of Government, an emergency service organisation or other competent administrative authority or relevant Carrier; or

(iv) if outstanding amounts due under this agreement to Adaptive have not been paid.

(b) Where the suspension is implemented as a consequence of the breach, fault or omission of the Customer, the Customer shall pay Adaptive's reasonable costs and expenses incurred by the implementation of such suspension and/or recommencement of the provision of the Service(s). The parties agree that the original fee is a reasonable estimate of such costs and expenses.

10. Domain Names

(a) Where the provision of the Service(s) includes the registration of a Domain Name by Adaptive the Terms and Conditions in this section shall apply.

(b) The Customer confirms and warrants that he is the owner of or that he has been duly authorised by the owner or is entitled to use any trade mark, name or Domain Name requested or allocated as its name or Domain Name. The Customer acknowledges that Adaptive cannot guarantee that any name or Domain Name requested by the Customer will be available or approved for use. Adaptive shall be entitled to require the Customer to select a replacement name or Domain Name and may suspend and/or terminate the Service(s) if, in the opinion of Adaptive, there are reasonable grounds for Adaptive to believe that the Customer's current choice of name or Domain Name is, or is likely to be, in breach of the provisions of this clause or of Adaptive’s Acceptable Use Policy.

(c) Adaptive does not represent, warrant or guarantee that any Domain Name applied for by the customer or on the Customer’s behalf will be registered in the Customer’s requested name or is capable of being registered by the Customer or that the use of such Domain Name by the Customer will not infringe any third party rights.

(d) The registration of the Domain Name and its ongoing use by the Customer is subject to the relevant naming authority’s terms and conditions of use and the Customer undertakes that they will comply with such terms and conditions. The relevant naming authority’s Terms and Conditions are available from their website or upon request from Adaptive.

(e) The Customer hereby irrevocably waives any claims the Customer may have against Adaptive in respect of any decision of a naming authority to refuse to register a Domain Name and, without limitation, the Customer acknowledges and agrees that any administration or other charge paid by the Customer in respect of the registration of the Domain Name is non-refundable in any event.

(f) Adaptive accepts no responsibility in respect of the use of a Domain Name by the Customer and any dispute between the Customer and any other individual or organisation regarding a Domain Name must be resolved between the parties concerned and Adaptive will take no part in any such dispute. Adaptive reserves the right, on becoming aware of such a dispute concerning a Domain Name, at its discretion and without giving any reason, to either suspend or cancel the relevant Service(s) associated with the Domain Name, and/or to make such representations to the relevant naming authority, as Adaptive deems appropriate.

(g) No transfer of Service(s) including any re-registration or transfer of Domain Names or changes to the delegation of Domain Names will be permitted unless and until all outstanding invoices have been settled and cleared funds have been transferred to Adaptive. In particular the Customer waives the right to any redelegation, re-registration or transfer of any Domain Name by any third party or authority until all outstanding invoices have been paid.

(h) Any Internet Protocol address purchased by the Customer from Adaptive shall at all times remain Adaptive’s property and the Customer will have a non-transferable license to use such address for the duration of this Contract. If this Contract is terminated for whatever reason, the Customer’s license to use the Internet Protocol address shall automatically terminate and thereafter the Customer will not use such address.

(i) The Customer acknowledges that its contact details, including where such details constitute Personal Data such as name, address, phone numbers and email address, will be passed to RIPE, the registry body for IP addresses. The Customer further acknowledges that it is a necessary requirement of being registered with RIPE that the Customer’s details be placed on the RIPE database which is publicly viewable on the RIPE website. The Customer hereby consents to its details being dealt with in the manner stated in this clause.

(j) Adaptive may agree in writing with the customer to accept as part of its Service(s) the transfer of Domain Name(s) already registered by and on behalf of the Customer. Upon the acceptance of such transfer by Adaptive such provisions herein shall apply. The Customer must notify Adaptive of the date of the original registration and the date of re-registration of such name or names.

(k) It is the customer’s responsibility to ensure that domains are renewed at the appropriate intervals. Adaptive will take reasonable steps to advise you of the renewal dates, which will require your response in writing. This service is provided as a courtesy and it remains your responsibility to ensure renewal by means of written request whether or not you receive notification from us

11. Warranties

Provided that the Customer performs it obligations under this agreement, Adaptive warrants that:

(i) it shall use its reasonable skill and care in providing and maintaining the Service(s), though the Customer acknowledges that it is impossible to provide and maintain a service that would be entirely free of any fault and Adaptive does not undertake to do so;

(ii) that it is not aware as at the date of this agreement of anything within its reasonable control which might adversely affect its ability to perform its obligations under this agreement;

12. Liability

(a) Except in respect of death or personal injury Adaptive shall not be liable to the Customer for any claim for direct, indirect or consequential economic or other losses, damages or liabilities such as (without limitation) lost profits, revenue, costs including legal and other professional costs, removal, storage or other expenses, or other claims to any consequential compensation whatsoever, arising from or in connection with any representation or any express or implied warranty, condition or other contract term or any duty at common law or pursuant to statute which arises out of or in connection with the supply of the Service(s) except as expressly provided in these Terms and Conditions even if Adaptive has been advised of the possibility of such losses. The Parties will use their best endeavours in allocating resources to minimise any such losses.

(b) Adaptive shall not be liable to the Customer or be deemed to be in breach of the Contract or any part thereof or any duty at common law or pursuant to statute or otherwise by reason of any delay in performing or any failure to perform, any of its obligations in relation to the Service(s) if the delay or failure was due either directly or indirectly to any cause beyond the Company’s reasonable control including but not exclusively; act of God, explosion, flood, earthquake, subsidence, tempest, fire or accident; war or threat of war or preparation for war, sabotage, collapse of structure, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measure of any kind on the part of any governmental, parliamentary or local authority, import or export regulation or embargo; strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Company or of a third party); unexpected difficulties in obtaining raw materials, labour, fuel, parts or equipment; power failure or unforeseeable breakdown in equipment or the act negligence or omission of any relevant Carrier.

(c) The Customer agrees to indemnify Adaptive against all or any loss or damage it may suffer as a result of any act, negligence or omission on the part of the Customer its servants or agents whilst using the Service(s) that forms the subject matter of this agreement which corrupts, contaminates, impairs or otherwise causes loss or harm to any data, information or equipment or otherwise restricts or impinges upon or harms the ability of Adaptive to provide similar service(s) to its other Customers. Such loss or damage to include (without limitation) lost profits, revenue, costs, goodwill or other claims to direct, indirect or consequential economic or other losses of Adaptive or any other party.

(d) The Customer warrants that it shall have at all material times an effective policy of insurance to cover any liability or claim that may arise including but not limited to direct, indirect and consequential losses.

(e) Adaptive shall not be liable for the loss or corruption of any of the Customer’s information or data held on or in any of Adaptive’s or the Customer’s equipment, materials, components or software which may be lost or corrupted at any time including during Adaptive’s maintenance, repair or upgrading of such equipment, materials, components or software and the Customer accepts responsibility for protecting and/or preparing a back-up copy of any such information or data prior to Adaptive carrying out such Services.

13. Customer Obligations

(a) Upon request the Customer shall, without unreasonable delay, provide Adaptive with information about the Customer’s use of the Service(s)

(b) The Customer shall provide a support function for the provision of support to Users who are required and directed to use the Service(s) to report all faults, queries and complaints. For the avoidance of doubt, Adaptive shall have no responsibility for provision of support to Users.

(c) The Customer undertakes to comply with the Acceptable Use Policy as published and amended and updated from time to time on the Adaptive Technologies website at www.adaptivetechnologies.com and any breach thereof shall be a breach of this agreement and shall entitle Adaptive to terminate this Agreement forthwith.

(d) The Customer undertakes to indemnify and keep indemnified Adaptive against any prosecution, civil or criminal, all costs, claims, demands, actions and proceeding which may be brought or threatened against Adaptive by any User or third party to whose networks the Customer's networks connected, expressly including, but not limited to, uses of the Internet which are in breach of Adaptive’s Acceptable Use Policy or which arise from the Customer's use of Internet Services or the User's use of Internet Services in any way.

(e) The Customer undertakes to ensure that no third party, except for the Customer’s duly authorised sub-contractor, may use the Service(s) provided by Adaptive, and to indemnify Adaptive against any prosecutions, civil or criminal, which result from such use. This clause shall not in itself prevent resale or onsale by the Customer to User(s) of Service(s) provided under this Agreement where those User(s) are known to the Customer, and where the User(s) have the full consent of the Customer.

(f) The Services may be resold, onsold, or otherwise transferred to persons not in the employ of the Customer or to other companies or organisations only with the written permission of Adaptive.

(g) Intellectual property rights in all software supplied to the Customer remain the property of Adaptive or its licensor. The Customer agrees to comply with the terms of any agreement reasonably required by the owner of intellectual property rights in all software supplied to the Customer for the protection of that software.

(h) Service(s) and Internet Service(s) may comprise equipment, software, services, technical information, training materials or other technical data, which, because of their origin or otherwise are subject to United Kingdom or United States of America export control regulations or the laws or regulations of another country. In such case, provision of Service(s) and Internet Service(s) shall be conditional upon the parties obtaining and providing all necessary consents. The parties shall provide reasonable assistance to each other to obtain such consents. The Customer undertakes to comply with any applicable export or re-export laws and regulations, including but not limited to obtaining written authority from the UK or USA government as appropriate if the Customer intends at any time to re-export any items of UK or USA origin to any proscribed destination.

(i) The Customer may not use Adaptive's name in publicity or press releases without Adaptive's prior written consent.

14. Miscellaneous

(a) Each party agrees to maintain in strict confidence all plans, designs, drawings, trade secrets, business and other proprietary information of the other Party which is disclosed pursuant to this Agreement. Neither Party shall disclose to any third party such confidential information without the express written consent of the other. No obligation of confidentiality shall apply to the disclosed information which the recipient;

(i) already possessed without obligation of confidentiality; or

(ii) develops independently; or

(iii) rightfully receives without obligation of confidentiality from a third party.

(b) By agreeing to these Terms and Conditions the Customer agrees to the processing of its personal data and sensitive personal data as defined in the Data Protection Act 1998. The Customer confirms that it has required consent from any relevant individual for the processing of their personal data and sensitive personal data for whom Adaptive will deal with.

(c) Except as expressly provided herein no licence, express or implied, is granted by Adaptive pursuant to this Agreement.

(d) Neither party may assign this Agreement without the written consent of the other Party (which consent shall not be unreasonably withheld or unduly delayed).

(e) If any dispute arises out of this agreement the financial value of which exceeds the County Court Small Claims upper limit the parties will initially consider the appropriateness of resolving such dispute by mediation in accordance with the Centre for Dispute Resolution (CEDR) model mediation procedure in such form as is recommended by CEDR. Any dispute arising under or in connection with these Conditions not so resolved by mediation shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of the Chartered Institute of Arbitrators in accordance with the Arbitration Act 1975.

(f) If any provision of this Agreement is held by a court or any governmental agency or authority to be invalid, void, or unenforceable, the remainder of this Agreement shall nevertheless remain legal, valid and enforceable providing always that if such a provision is of a fundamental nature to this Agreement either party may terminate this Agreement forthwith.

(g) Failure by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right, nor operate so as to bar the exercise or enforcement thereof or to any other right on a later occasion.

(h) Paragraph headings do not form part of this Agreement and shall not be taken into account in the construction of interpretation thereof.

(i) Any notice to be given to Adaptive or to the Customer shall be in writing.

(j) Any reference in these conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

(k) This Agreement shall be governed and construed in accordance with the laws of England, and the Parties irrevocably agree to the exclusive jurisdiction of the Courts of England.

(l) Adaptive may disclose any Confidential Information of the Customer to the extent that it is required to be disclosed to any governmental or other authority or regulatory body or to the extent required by law.

Schedule of Terms

(a) "Access Circuit" means any communications line or data port supplied or made available by Adaptive or its sub-contractors for the purpose of provision of Service(s) to the Customer.

(b) "Base Rate" means the annual base rate of interest from time to time in force as advertised by The Bank of England.

(c) "Carrier" means MCI, British Telecommunication Plc and/or their servants, agents, subsidiaries and associated companies and successors in title and/or any supplier of telecommunications services to Adaptive for the Service(s).

(d) "Internet Standards" means the protocols and standards defined from time to time by RFCs and Standards documents issued by the IETF (Internet Engineering Task Force), including RFCs 1009, 1122, 1123, 1250, and the RFCs obsolescing or extending these RFCs.

(e) "IP Address" is a number used by Internet Protocols for the routing and delivery of IP packets.

(f) "Name" means any Internet-specific name specifically requested by, allocated to, or used by the Customer for the provision of Service(s) and shall include, without limitation, any domain name or email address.

(g) "Packet" means an Internet Protocol (IP) packet containing data in a form suitable for transmission over the Internet, including source and destination IP addresses.

(h) "Point of Presence" or "PoP" means an Adaptive-operated facility in which Adaptive keeps its data communications equipment.

(i) "RIPE" means the European Internet Registry, Reseaux IP Europeans and their successors in title.

(j) "The Internet" means the global data network consisting of interconnected networks which communicate using TCP/IP ("Transmission Control Protocol/Internet Protocol") and related Internet protocols and standards

(k) "User" means any third party connected to the Customer's network.

Ends.