Technical Library

PLEASE BEGIN BY READING THE FOLLOWING SERVICE AGREEMENT FOR THE PSINET DOMAIN NAME/NETWORK NUMBER ORDER FORM. IF YOU AGREE WITH THESE TERMS, PLEASE INDICATE BY SELECTING "I ACCEPT" AT THE END OF THE ADDENDUM AND CONTINUE COMPLETING THE ORDER FORM.

This document represents an addendum (the "Addendum") to an existing service agreement (the "Agreement") by and between PSINet Inc. or its affiliate ("PSINet"); and you (referred to herein as the "Customer") for the provision by PSINet or its subcontractors of additional provision and/or routing of network numbers and/or domain names for use by Customer with their current PSINet IP organizational connectivity or world-wide web hosting service (the "Service"). Except as specifically set forth herein, all other aspects of the original Agreement executed between the parties shall remain in full force and effect.

1. Prerequisite. Execution of this Addendum requires a Service Agreement to also be in place between the parties.

2. PSINet Network Usage.

A. Compliance with Law and Policy. Customer has read and agrees to comply with PSINet's Net-Abuse Policy ("Policy") as currently set forth on PSINet's Web site and as the Policy may be modified by PSINet in its sole discretion from time to time. Any content, material, message or data made available or transmitted through the Service, wherever it is sent from, viewed, received, or retrieved, that is in violation of (i) any local, state, federal or international law, regulation or treaty; (ii) the Policy; or (iii) any community standard or accepted Internet policy is prohibited. Any such violation may be deemed a material breach of this Agreement and PSINet may, in its sole discretion, disable or terminate the Service with written notice to Customer, but without the cure period specified below.
B. Customer-Only Traffic. The right to use the Service is strictly limited to Customer only and does not extend to any other person, corporation or entity except for wholly-owned affiliates of Customer and those members of Customer’s staff and consultants in the course of performing work for Customer.
C. Third-Party Traffic. Customer may host world-wide web sites on behalf of third parties. In addition, Customer may feed USENET News to a third party, but may not send any posting from that third party, including, but not limited to, electronic mail, back to PSINet's wide-area network system (the "Network") or the Internet through the Service. Any other third party traffic, including packet access and electronic mail, whether sent or received through Customer's facilities by or on behalf of a third party through the Service, is expressly prohibited.

3. Additional Network Numbers.

A. Network Number Types. There are two types of network numbers that can possibly be used by Customer under this Addendum and an Agreement: (i) PSINet Classless Inter-Domain Routing (CIDR) Network Numbers - distributed by PSINet from its CIDR "blocks" of network numbers; and (ii) Customer-provided Network Numbers - network numbers already in the possession of Customer but requiring access through a Service.

B. One Network Number Regularly Routed. PSINet shall route one (1) network number into the Network as the standard provision of a Service. The quantity and type of network number may be limited by that Service's Agreement. Any network numbers assigned to Customer by PSINet shall be PSINet's Classless Inter-Domain Routing ("CIDR") network numbers, each one consisting of subnet of PSINet's Class A network (38.0.0.0). PSINet CIDR network numbers are and will remain at all times the property of PSINet. If Customer leaves PSINet as its Internet Service Provider (ISP), the PSINet CIDR network numbers used by Customer will be reassigned and reused by PSINet for other PSINet customers. PSINet has sole discretion as to the Internet routing of these network numbers.

C. Monthly Fees. Customer shall pay to PSINet a monthly fee as described below:

  PSINet CIDR Network Address Space:
    /27 $49 per month
    /24 $99 per month

D. Order Limitations. PSINet may limit the number of network numbers that Customer may acquire or route through a Service at any given point in time or during a time interval (such as one year) based on PSINet or Internet limitations.

4. Additional Domain Names. PSINet shall route into PSINet one (1) registered domain name as part of each distinct Service. Additional domain names may be routed through a Service at an additional one-time fee of $100.00 per domain name. Customer, not PSINet, is responsible for the ownership, control and use of any domain names it has requested and has registered. His fee IS NOT part of or applied toward any registration or maintenance fees imposed by the Domain Registrar.

5. General Billing Information.

A. Authority to Commit Funds.


(1) Purchase Orders. Customer may submit a purchase order ("P.O.") for the additional network number(s) and/or domain name(s) fees or indicate the purchase order number prominently in the space provided.

(2) No P.O. Required. If Customer indicates that no purchase order is required, Customer thereby authorizes PSINet to bill for all requested item(s) and such payment requisite shall be binding upon Customer.

B. Late Payments. Invoices not paid by their due date may, at PSINet's sole discretion, be subject to a 1.5% per month interest fee on all past-due balances, or the maximum interest allowed by applicable laws, whichever is less. Any additional fees incurred by PSINet as a result of any collection activity, such as collection agencies or legal fees, shall be reimbursed to PSINet by Customer.

6. Warranties

A. By PSINet. CUSTOMER IS RESPONSIBLE FOR ASSESSING ITS OWN COMPUTER AND TRANSMISSION NETWORK NEEDS, AND THE RESULTS TO BE OBTAINED THEREFROM. PSINET MAKES NO WARRANTIES OF ANY KIND THROUGH THIS ADDENDUM, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THE NETWORK NUMBER(S), DOMAIN NAME(S) OR SERVICE(S) FOR A PARTICULAR PURPOSE AS WELL AS NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS.

B. By Customer. CUSTOMER REPRESENTS AND WARRANTS THAT THEY HAVE FULL CORPORATE POWER AND AUTHORITY TO EXECUTE AND DELIVER THIS ADDENDUM AND TO PERFORM THEIR OBLIGATIONS HEREUNDER, AND THAT THE PERSON WHOSE SIGNATURE APPEARS BELOW IS DULY AUTHORIZED TO ENTER INTO THIS ADDENDUM ON BEHALF OF CUSTOMER.

7. Limitation of Liability. PSINET SHALL NOT BE LIABLE FOR DIRECT DAMAGES GREATER THAN THE SUM TOTAL OF PAYMENTS MADE BY CUSTOMER HEREUNDER. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN RELATION TO THIS ADDENDUM WHETHER OR NOT FORESEEABLE (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE LOSS OF DATA, GOODWILL OR PROFITS) EVEN IF A PARTY IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH LIABILITY.

8. General Terms. If any provision of this Addendum is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Addendum will remain in full force and effect. This Addendum and all related Agreements represent the complete agreement and understanding of the parties with respect to the subject matter herein, and supersede any other agreements or understandings, written or oral. In the event of any conflict arising between Customer purchase order terms and this Addendum or related Agreement, this Addendum and related Agreement shall take precedence. Customer agrees to the non-exclusive jurisdiction of the federal and state courts of the Commonwealth of Virginia for any action or proceeding arising out of or in relation to this Addendum, and this Addendum shall be governed by the substantive law of the Commonwealth of Virginia.

BY SELECTING "I ACCEPT" YOU REPRESENT AND WARRANT THAT YOU HAVE FULL CORPORATE POWER AND AUTHORITY TO EXECUTE THIS AGREEMENT AND TO PERFORM YOUR OBLIGATIONS HEREUNDER, AND THAT YOU ARE DULY AUTHORIZED TO ENTER INTO AND TO BE LEGALLY BOUND TO THIS AGREEMENT ON BEHALF OF THE PARTY YOU REPRESENT.