Common use of Migration Services Clause in Contracts

Migration Services. If your Business Service Order and Agreement includes certain NTS Services which involve moving Customer data from your former hosting provider to NTS (“Migration Services”), then the Migration Services are also subject to all of the additional following terms: (a) The Migration Services may be performed by NTS and/or a Third Party Vendor at NTS’s sole discretion; (b) Customer acknowledges that Migration Services require Customer’s former hosting provider to provide NTS (and the Third Party Vendor, as applicable) with valid administrative access to permit the migration of Customer Data to NTS Systems, and it is Customer’s sole responsibility (not the responsibility of NTS or the Third Party Vendor) to obtain such valid administrative access; (c) Customer acknowledges that failure to provide NTS (and the Third Party Vendor, as applicable) with valid administrative access from Customer’s former hosting provider will result in the inability for NTS (including the Third Party Vendor) to provide, and Customer to use, Migration Services; (d) Customer represents and warrants that the Customer Data is compliant with the terms of this Agreement and all applicable laws and regulations, and that Customer is the legal owner of the Customer Data or otherwise duly authorized by the legal owner to initiate the migration of the Customer Data to the NTS Systems; (e) The Migration Services, or other NTS Services, do not include installation or implementation of any custom software, library, database, or service that existed in Customer’s previous hosting environment, and it is Customer’s sole responsibility (not the responsibility of NTS or the Third Party Vendor) to install and configure any such custom software, library, database once the Migration Services are completed; (f) NTS, including the Third Party Vendor, is not obligated to make any website, programming, script, content, or data changes to the Customer Data at any time during or after the migration to the NTS Systems; (g) Any Customer Data migrated to NTS Systems by NTS, including the Third Party Vendor, is migrated ”as is” from the former hosting provider, and NTS does not make any warranty of any kind (either express or implied), and hereby expressly disclaims any and all liability, regarding any migrated Customer Data, including (a) the format, quality, readability, configuration, accuracy, completeness, retrievability, functionality or restorability of the Customer Data to its original state prior to the migration, and (b) the functionality, compatibility or reliability of any migrated Customer Data with any NTS Services or NTS Systems, including architecture, firewall, operating systems, software, updates and upgrades thereto; (h) NTS (including the Third Party Vendor) provides the Migration Services “as is” without warranties of merchantability or fitness for a particular purpose and, except for NTS’s gross negligence or willful misconduct, under no circumstances will NTS be liable for (a) any loss of Customer Data, (b) third party fees related to the recovery or restoration of Customer Data, or (c) damage to Customer’s servers or Customer Data; and (i) Customer’s use of the Migration Services is at Customer’s sole risk and Customer will remain solely responsible (and NTS and the Third Party Vendor will not be responsible) for the content of the Customer Data at all times.

Migration Services. If your Business Service Order and Agreement includes certain NTS Services which involve moving Customer data from your former hosting provider to NTS (“Migration Services”), then the Migration Services are also subject to all of the additional following terms: (a) The Migration Services may be performed by NTS and/or a Third Third-Party Vendor at NTS’s sole discretion; (b) Customer acknowledges that Migration Services require Customer’s former hosting provider to provide NTS (and the Third Third- Party Vendor, as applicable) with valid administrative access to permit the migration of Customer Data to NTS Systems, and it is Customer’s sole responsibility (not the responsibility of NTS or the Third Third-Party Vendor) to obtain such valid administrative access; (c) Customer acknowledges that failure to provide NTS (and the Third Third-Party Vendor, as applicable) with valid administrative access from Customer’s former hosting provider will result in the inability for NTS (including the Third Third-Party Vendor) to provide, and Customer to use, Migration Services; (d) Customer represents and warrants that the Customer Data is compliant with the terms of this Agreement and all applicable laws and regulations, and that Customer is the legal owner of the Customer Data or otherwise duly authorized by the legal owner to initiate the migration of the Customer Data to the NTS Systems; (e) The Migration Services, or other NTS Services, do not include installation or implementation of any custom software, library, database, or service that existed in Customer’s previous hosting environment, and it is Customer’s sole responsibility (not the responsibility of NTS or the Third Third-Party Vendor) to install and configure any such custom software, library, database once the Migration Services are completed; (f) NTS, including the Third Third-Party Vendor, is not obligated to make any website, programming, script, content, or data changes to the Customer Data at any time during or after the migration to the NTS Systems; (g) Any Customer Data migrated to NTS Systems by NTS, including the Third Party Vendor, is migrated ”as is” from the former hosting provider, and NTS does not make any warranty of any kind (either express or implied), and hereby expressly disclaims any and all liability, regarding any migrated Customer Data, including (a) the format, quality, readability, configuration, accuracy, completeness, retrievability, functionality or restorability of the Customer Data to its original state prior to the migration, and (b) the functionality, compatibility or reliability of any migrated Customer Data with any NTS Services or NTS Systems, including architecture, firewall, operating systems, software, updates and upgrades thereto; (h) NTS (including the Third Third-Party Vendor) provides the Migration Services “as is” without warranties of merchantability or fitness for a particular purpose and, except for NTS’s gross negligence or willful misconduct, under no circumstances will NTS be liable for (a) any loss of Customer Data, (b) third party fees related to the recovery or restoration of Customer Data, or (c) damage to Customer’s servers or Customer Data; and (i) Customer’s use of the Migration Services is at Customer’s sole risk and Customer will remain solely responsible (and NTS and the Third Third-Party Vendor will not be responsible) for the content of the Customer Data at all times.

Migration Services. If your Business Service Client’s Order and Agreement Form includes certain NTS Services which involve moving Customer data from your former hosting provider to NTS (“Migration Services”), then the Migration Services are also subject to all of the additional following termsClient agrees that: (a) The Migration Services may be performed by NTS Libchalk Hosting and/or a Third Party Vendor at NTSLibchalk Hosting’s sole discretion; (b) Customer acknowledges that The Migration Services require CustomerClient’s former hosting provider to provide NTS Libchalk Hosting (and the Third Party Vendor, as applicable) with valid administrative access to permit the migration of Customer Client Data to NTS Libchalk Hosting Systems, and it is CustomerClient’s sole responsibility (not the responsibility of NTS Libchalk or the Third Party Vendor) to obtain such valid administrative access; (c) Customer acknowledges that Client’s failure to provide NTS Libchalk (and the Third Party Vendor, as applicable) with valid administrative access from CustomerClient’s former hosting provider will result in the inability for NTS Libchalk Hosting (including the Third Party Vendor) to provide, and Customer Client to use, Migration Services; (d) Customer Client represents and warrants that the Customer Client Data is compliant with the terms of this Agreement MSA and all applicable laws and regulations, and that Customer Client is the legal owner of the Customer Client Data or otherwise duly authorized by the legal owner to initiate the migration of the Customer Client Data to the NTS Libchalk Hosting Systems; (e) The Migration Services, or other NTS Libchalk Hosting Services, do not include installation or implementation of any custom software, library, database, or service that existed in CustomerClient’s previous hosting environment, and it is CustomerClient’s sole responsibility (not the responsibility of NTS Libchalk Hosting or the Third Party Vendor) to install and configure any such custom software, library, database once the Migration Services are completed; (f) NTSLibchalk Hosting, including the Third Party Vendor, is not obligated to make any website, programming, script, content, or data changes to the Customer Client Data at any time during or after the migration to the NTS Libchalk Hosting Systems; (g) Any Customer Client Data migrated to NTS Libchalk Hosting Systems by NTSLibchalk Hosting, including the Third Party Vendor, is migrated ”as is” from the former hosting provider, and NTS Libchalk Hosting does not make any warranty of any kind (either express or implied), and hereby expressly disclaims any and all liability, regarding any migrated Customer Client Data, including (a) • the format, quality, readability, configuration, accuracy, completeness, retrievability, functionality or restorability of the Customer Client Data to its original state prior to the migration, and (b) • the functionality, compatibility or reliability of any migrated Customer Client Data with any NTS Libchalk Hosting Services or NTS Libchalk Hosting Systems, including architecture, firewall, operating systems, software, updates and upgrades thereto; (h) NTS Libchalk Hosting (including the Third Party Vendor) provides the Migration Services “as is” without warranties of merchantability or fitness for a particular purpose and, except for NTSLibchalk Hosting’s gross negligence or willful misconduct, under no circumstances will NTS Libchalk Hosting be liable for (a) • any loss of Customer Client Data, (b) • third party fees related to the recovery or restoration of Customer Client Data, or (c) • damage to CustomerClient’s servers or Customer Client Data; and (i) Customerand • Client’s use of the Migration Services is at CustomerClient’s sole risk and Customer Client will remain solely responsible (and NTS Libchalk Hosting and the Third Party Vendor will not be responsible) for the content of the Customer Client Data at all times. In addition, the Migration Services will further by governed by the Professional Services Supplemental Terms.