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NextRequest <br /> Terms and Conditions <br /> Version 3.3 (May 21,2020) <br /> These Terms and Conditions, together with the order form("Order Form")executed between <br /> NextRequest Co. and Customer,which is incorporated herein by reference, constitute a legally <br /> binding contract between NextRequest and Customer. The Order Form, together with these <br /> Terms and Conditions is referred to as the "Agreement" or "Service Agreement". Any terms on <br /> Customer's purchase order or other business forms by which Customer orders or pays for <br /> Service will not become part of this Agreement. <br /> NextRequest means NextRequest Co., a Delaware Corporation with principal offices at 460 <br /> Brannan St. #77208 San Francisco, CA 94107 and Customer means the entity or person identified <br /> as such in the Order Form. Each of NextRequest and Customer may each be referred to as a <br /> "Party" and together as the"Parties". <br /> Terms and Conditions <br /> 1. Services <br /> 1.1. NextRequest Service. During the term of this agreement, NextRequest will use <br /> commercially reasonable efforts to deploy,host, and maintain for Customer an instance <br /> of the Service as further described in the Order Form. <br /> 1.2. Service Level Agreement.NextRequest will provide support for the Service according <br /> to the terms of the Service Level Agreement attached hereto as Exhibit A and <br /> incorporated by reference. <br /> 1.3. Other Services. If provided in the Order Form, NextRequest will provide Additional <br /> Services consistent with industry standards and according to the terms in the Order <br /> Form. Services such as setup or customer support will be provided during Business <br /> Hours, online, or by telephone, unless otherwise agreed to by the Parties. <br /> 1.4. Excluded Services.Unless expressly provided in the Order Form,NextRequest is not <br /> responsible for registering or maintaining domain names or DNS;hardware or software <br /> not provided as part of the Service;integration between the Service and any other <br /> software or system(except for issues originating with the Service or its interfaces);or <br /> direct support to Requesters. <br /> 1.5. Security.The Service is hosted by third-party Service Providers pursuant to agreements <br /> between NextRequest and such Service Providers. NextRequest maintains the level of <br /> security outlined in NextRequest's Systems Security Plan("Security Plan), which is <br /> available at https://www.nextrequest.com/compliance/system-security-plan. <br /> 2. Intellectual Property and Licenses. <br /> 2.1. Service.The Service is protected by copyright, trademark, trade secret, and other <br /> intellectual property laws of both the United States and foreign countries.Except for the <br /> express licenses granted in this Section 2.1, NextRequest reserves all rights in the <br /> Service. As between Customer and NextRequest,NextRequest retains all and exclusive <br />