Raseborg Web Development Hosting Terms of Service

The Terms and Conditions set forth herein constitute the full and complete agreement between you and Raseborg Web Development Oy Ab (doing business as and hereinafter referred to as "Raseborg Web Development") concerning your HOSTING AGREEMENT. Your agreement to be bound by these terms is acknowledged by your further use of the Hosting Services, Hosting Support Services and any Raseborg Web Development software made available to you. The terms contained herein supersede and replace any other agreement or negotiation between you and Raseborg Web Development with respect to Hosting Services whether oral, written or otherwise including any statements made by any representative of Raseborg Web Development at any time.

This agreement applies to all Raseborg Web Development Hosting plans. Other Agreements and policies may apply.

1 FEES; PAYMENT OF FEES

1.1 – FEES

1.1.1 Standard Fees. Raseborg Web Development charges the following fees where applicable. All such fees are subject to change with 30 days notice. Raseborg Web Development Fees are set at the time of the commencement of your account corresponding to the offer made by Raseborg Web Development. All fees are subject to change. Unless otherwise stated, the following fees apply:

Website Design Fee – The fee for the set-up of your account. And creation of your website.

Service Fee — The annual fee for your Web Hosting services. This may be charged annually under some discounted plans.

Domain Registration Fee — Fee for the registration of an available Domain Name.

1.1.2 Promotional Rates. Raseborg Web Development reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not affect the then existing rights and responsibilities of each party. Raseborg Web Development also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.

1.1.3 Right to Change. Raseborg Web Development specifically reserves the right to institute additional charges upon notice to you. Raseborg Web Development also reserves the right to alter, change, amend or delete charges at its sole option. Raseborg Web Development further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate.

1.2 – PAYMENT OF FEES

1.2.1 Acceptable Payment Methods. Raseborg Web Development accepts payment by electronic bank transfer or PayPal.

1.2.2 Payment by bank transfer. Prior to activation of your user account you agree to submit payment in Euros. Raseborg Web Development is under no obligation to initiate service until the proceeds have been cleared by any financial institutions involved and have been received by Raseborg Web Development. Invoices will be submitted to you as a courtesy only. Payments for subsequent fees are due and payable immediately upon invoice and in no instance later than the expiration of the last day of the previous period without regard to any invoice. It is your responsibility when paying by check to make sure that your payment is received by Raseborg Web Development. Failure to complete payment for any reason whatsoever is grounds for account suspension and termination at the sole option of Raseborg Web Development under Paragraph 8 herein. It is recommended that in order to avoid any service interruption that you submit your payment to Raseborg Web Development a sufficient time before the expiration of the current service period so that it reaches Raseborg Web Development in advance of the renewal date.

1.3 – REFUNDS

1.3.1 Refunds of Fees Refunds of Service Fees will be made only for pre–payment of Service Fees beyond the renewal date following the effective notice and termination of this agreement under paragraph 8.1. All refunds shall be pro–rated based upon the number of days for which service remains unused as of that renewal date. Raseborg Web Development may grant refunds under any other circumstance it deems appropriate without waiving any other rights hereunder. There will be no other refunds.

2 WEB HOSTING SERVICES

For the term of the agreement as set forth herein Raseborg Web Development agrees to provide web hosting services according the plan selected by you upon activation of your account. Raseborg Web Development reserves the right to change, amend and otherwise alter the services provided with equivalent or otherwise equal services without prior notice to you. You agree to receive periodic emails from Raseborg Web Development in regards to products, services, your account, and system updates.

Raseborg Web Development Web Hosting accounts include the use of various software programs including a control panel and website scripts as well as email, storage and bandwidth specifications. All such services are offered incidentally to the web hosting services and are not offered independently. Raseborg Web Development is under no obligation to continue the provision of such services or the availability of any such software and may discontinue, alter, change, upgrade or increase any such services or the availability of such services at any time. Raseborg Web Development is under no obligation to continue to provide such services without a fee and may institute a fee or charge for any such services upon notice to you and you agree to pay for such charges unless you provide notice of your refusal of such services within the time specified in any such notice.

3 DOMAIN REGISTRATION SERVICES

At the Customer's request, Raseborg Web Development may also acquire a Second–Level Domain Name ("Domain Name"), [e.g. yourdomain.com] on behalf of the Customer. Raseborg Web Development will not own or otherwise control any domain name registered on your behalf under this paragraph. Raseborg Web Development provides this service as a convenience to you only and you hereby waive any and all claims which you may have, or which may later arise, against Raseborg Web Development for any and all damages, losses, claims or expenses arising out of or related to the acquisition, registration and use of the Domain Name. Any costs incurred by Raseborg Web Development to obtain and maintain the Domain Name on your behalf shall be charged to you by Raseborg Web Development under the provision therefore elsewhere herein.

4 ACCEPTABLE USE

Raseborg Web Development strictly enforces compliance with its Acceptable Use Terms under the Acceptable Use Policy located on the Raseborg Web Development Website. The terms of that Policy are incorporated herein as though stated at length. Failure to so comply is cause for immediate suspension and possible termination under paragraph (8) herein.

5 LICENSE

Subject to the Terms and Conditions set forth herein, Raseborg Web Development hereby grants you a non–exclusive, limited, personal, non–transferable and fully revocable license to use the Raseborg Web Development Web Hosting Service and software associated therewith for the term of the agreement as set forth herein. You specifically disclaim and waive any and all right or title to any and all aspects of the service and any and all software associated therewith.

This license is non–transferable. Sharing or allowing the use of the service or any aspect thereof with any other person or entity is grounds for immediate suspension and such suspension shall not waive any claim that Raseborg Web Development may have against you for damages resulting from the violation of this paragraph.

You agree yourself and you agree not to assist any third party in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Raseborg Web Development services, web site and software.

6 OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY

6.1 It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of Raseborg Web Development including but not limited to Raseborg Web Development customer service and maintenance tools. You acknowledge that all right and title to any such Raseborg Web Development intellectual property shall remain the sole property of Raseborg Web Development and that you have no right, title or interest therein. You further agree not to provide access to the Raseborg Web Development services to any third party. You agree yourself and you agree not to assist any third party in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Raseborg Web Development Services. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the Raseborg Web Development service shall also remain the sole property or Raseborg Web Development.

6.2 During the term of this agreement you may have access to certain information and materials relating to the Raseborg Web Development business, customers, software technology and marketing which Raseborg Web Development treats as confidential (hereinafter "Confidential Information"). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any "Confidential Information" without the express prior written consent of Raseborg Web Development; and (ii) not use or disclose any of the "Confidential Information" for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.

7 TERM

The initial term of this agreement shall be one (1) year with automatic renewal for subsequent additional years after the expiration of the initial term. Raseborg Web Development reserves the right to accept pre–payment of renewal periods and may from time to time offer financial incentives for such pre–payment. The term of the agreement, however, shall remain one (1) year. This agreement shall automatically renew for successive renewal periods until it is terminated as permitted herein.

8 SUSPENSION AND TERMINATION

8.1 Suspension – At the sole option of Raseborg Web Development for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to Section 1 (Payment of Fees) and Section 4 (Acceptable Use) Raseborg Web Development may immediately and without prior notice to you suspend your account by deactivating any access by you or by web users to any and all information contained on the Raseborg Web Development servers related to your account while maintaining the information and data related to your account upon the Raseborg Web Development servers. Suspension shall specifically include the disabling of your hosted domain and any access to information or data related to your account. In the event of any such suspension you will be notified and at the sole option of Raseborg Web Development you may be given an opportunity to correct such breach. In the event that such breach is not corrected within the time therein specified, the account may be immediately terminated under paragraph 8.2. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension. There is no refund for service fees during any period of suspension. Any account that remains suspended for a period of ten (10) days or more shall be subject to immediate termination under paragraph 8.2.

8.2 Termination – This agreement may be terminated either (a) after a period of suspension as set forth in paragraph 8.1 or (b) by either party upon 45 days notice in advance of a renewal period for any reason. Termination shall include the removal of any and all of your information from the Raseborg Web Development Servers associated with your account. Raseborg Web Development will remain under no obligation to make any account information including but not limited to web pages, HTML, PHP, XML, other code, graphics, account information, databases, or any other information or data on such server available to you after any such termination.

8.3 In the event of termination under paragraph 8.2(a) there will be no refund provided to you. In addition, Raseborg Web Development may at their sole option charge a termination fee not to exceed €100.00 to cover administrative and other costs associated with your suspension. The assessment of this termination fee shall not affect any right of Raseborg Web Development under this agreement including any right to recover losses, damages, indemnity, defence costs, expert costs, collection costs and attorney's fees or other costs of any kind as may be applicable under the law.

8.4 In the event of any termination under paragraph 8.2(b) of this subsection any service fees paid in advance beyond the first renewal date following the notice period under that section will be refunded to you upon your request. This refund shall not include any set–up fees, Domain Registration fees or other fees which are all non–refundable.

9.0 INFORMATION COLLECTION, ACCURACY AND USAGE

9.1 You hereby represent that the information you have provided and at any time hereafter do provide to Raseborg Web Development concerning your identity including but not limited to your name, your physical address, your mailing address, your telephone number, email address, your billing information, your company affiliations (if any) is current and accurate. You agree to update your information on file with Raseborg Web Development as necessary so as to maintain such current records at all times during the term of this agreement.

9.2 You hereby consent and agree that as to any information which Raseborg Web Development may collect from you and maintain with respect to you, including but not limited to your account information, dates of service, billing address, billing records, usage statistics, site statistics, services purchased, domain name purchases, correspondence to or from Raseborg Web Development concerning you or your account, or other information which in Raseborg Web Development sole judgement is reasonable, Raseborg Web Development may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information shall be within the sole discretion of Raseborg Web Development and may include but shall not be limited to (1) compliance with court order or subpoena of any government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act (3) compliance with the Raseborg Web Development Terms of Service or other policies. You hereby waive any claim against Raseborg Web Development arising out of any such disclosure.

10 NOTICE

10.1 Any notice under this agreement shall be given by Raseborg Web Development to you via email at the address provided by you to Raseborg Web Development at the commencement of this agreement or as Raseborg Web Development is subsequently advised. Notice to you at that address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so by contacting Customer Service by emailing admin@raseborgwebdevelopment.com .

10.2 Any notice by you to Raseborg Web Development shall be made by sent via recorded mail to the following Address:

Raseborg Web Development Oy Ab
Linneavägen 19 C 16
FIN -10650 Ekenäs
Finland

11 SURVIVAL

Sections 1, 3 through 6, 8, 9, 10, 12, 13, and 15 through 19, inclusive, of this agreement shall survive the termination of this agreement and shall remain in full force and effect after any such termination.

12 WARRANTEES AND LIMITATIONS

12.1 Raseborg Web Development makes every reasonable effort to maintain operation of the Raseborg Web Development services; however, because many events and circumstances are beyond the control of Raseborg Web Development, Raseborg Web Development does not in any way warrant or otherwise guarantee the availability of the Raseborg Web Development system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Raseborg Web Development.

12.2 THE RASEBORG WEB DEVELOPMENT SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

12.3 In general, Raseborg Web Development has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. Raseborg Web Development accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. Raseborg Web Development provides no warranty for any goods or services which you obtain over the Internet nor the compatibility of any such services with the Raseborg Web Development system.

12.4 You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.

12.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO RASEBORG WEB DEVELOPMENT FOR THE THREE MONTHS OF SERVICE IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL RASEBORG WEB DEVELOPMENT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.

13 INDEMNITY

13.1 You agree to fully defend and indemnify and hold harmless Raseborg Web Development of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of Raseborg Web Development in any way related to your use of the Raseborg Web Development service or any portion thereof.

13.2 You agree to fully defend and indemnify and hold harmless Raseborg Web Development of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Raseborg Web Development service or any portion thereof. Choice of counsel remains exclusively that of Raseborg Web Development

13.3 You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless Raseborg Web Development of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of Raseborg Web Development.

14 FORCE MAJEURE Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labour disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day–to–day basis for the period of time equal to that of the underlying cause of the delay.

15 ASSIGNMENT

This agreement and the rights hereunder are not assignable or transferable except that Raseborg Web Development may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Raseborg Web Development. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.

16 SEVERABILITY

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

17 CHOICE OF LAW

This Agreement shall be interpreted under the laws of Finland without regard to any conflict of laws provisions. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defence of any kind related to jurisdiction or venue.

18 NO AGENCY

Notwithstanding any other provision of this agreement, Raseborg Web Development is not your agent, partner or joint venturer in any respect.

19 AMENDMENT

Raseborg Web Development may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the Raseborg Web Development web site in place of the old. Each and every such amendment shall be become effective immediately for all pre–existing and future accounts.

Document version: 30012012