Term of Service

This User Agreement ("Agreement") is an agreement between Neteron and the party set forth in the related Registration Form ("User" or "You" and "Your") incorporated herein by reference (together with any subsequent Registration Forms or other online signup, acceptance or order form submitted by User, the "Registration Form"), and applies to the purchase of all services ordered by User on the Registration Form (collectively, the "Services"). As used herein the term "User" and "You" shall also include any and all users, Customers, subscribers, affiliates (including without limitations Users or non-Users to whom Neteron provides links or banners to promote the services or products of Neteron or any third party the services or products of which are offered by or obtained through or in connection with Neteron), resellers or others (i) who sign up for, use or obtain services or products from Neteron or from any third party services or products of which are offered by or obtained through or in connection with Neteron, or (ii) who visit the Web sites of Neteron Web Hosting or of any such third party. PLEASE READ THIS AGREEMENT CAREFULLY SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN YOU AND US, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT. YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING OUR ACCEPTABLE USE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. Acceptable Use Policy Under this Agreement, User shall comply with Neteron's then current Acceptable Use Policy ("AUP"), as amended, modified or updated from time to time by Neteron, and other agreements which currently can be viewed under the Terms of Service section of this Web site (collectively, the "Terms of Service"), and which is incorporated in this Agreement by reference. User hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. Neteron does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by User via the Service (the "User Content"). User Content includes content of User's and/or users of User's Web site. Accordingly, under this Agreement, You will be responsible for Your users content and activities on Your Web site. Notwithstanding anything to the contrary contained in this Agreement, Neteron may immediately take corrective action, including removal of all or a portion of the User Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by User of the AUP. In the event Neteron takes corrective action due to a violation of the AUP, Neteron shall not refund to User any fees paid in advance of such corrective action. User hereby agrees that Neteron shall have no liability to User or any of User's users due to any corrective action that Neteron may take (including, without limitation, suspension, termination or disconnection of Services).Neteron respects your right to privacy of your personal information. Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage your personal information. HIPAA Disclaimer We are not “HIPAA compliant". You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Neteron does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” as defined under HIPAA is a material violation of this User Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Neteron is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, email us. User's Responsibilities

• User is solely responsible for the quality, performance and all other aspects of the User Content and the goods or services provided through the User Web site.
• User will cooperate fully with Neteron in connection with Neteron's provision of the Services. User must provide any equipment or software that may be necessary for User to use the Services. Delays in User's performance of its obligations under this Agreement will extend the time for Neteron's performance of its obligations that depend on User's performance on a day for day basis. User must provide complete, correct and genuine contact information in the Registration Form and update such information as necessary from time to time so it remains complete, correct and genuine at all times; failure to do so may result in suspension or cancellation of Services. User will notify Neteron of any change in User's mailing address, telephone, electronic mail or other contact information.
• User assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the User Web site and any goods or services described therein, as well as any rules, terms or conditions of use.Because the Services permit Users to electronically transmit or upload content directly to the User Web site, User shall be fully responsible for uploading all content to the User Web site and supplementing, modifying and updating the User Web site, including all back-ups. User is also responsible for ensuring that the User Content and all aspects of the User Web site are compatible with the hardware and software used by Neteron to provide the Services, as the same may be changed by Neteron from time to time. Neteron shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site to be compatible with the hardware and software used by Neteron to provide the Services.
• User is solely responsible for making back-up copies of the User Web site and User Content.
• Neteron does not maintain backup copies of User Web sites or e-mail. Neteron cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a Web site will always be available. Users should always copy all content of a Web site to a local computer and Neteron strongly suggest that Users make an additional copy (on tape, CD, multiple floppy disks, another desktop, or elsewhere) to ensure the availability of the files. IT IS THE USER'S SOLE RESPONSIBILITY TO MAKE OFFLINE, BACK-UP COPIES OF THE USER'S WEB SITE AND USER CONTENT AND DATA. NOTE: IT IS ESSENTIAL THAT USERS BACKUP FILES OFFLINE, EVEN IF USER PURCHASES OR HAS PRODUCTS, SUCH AS SITE BACKUP AND RESTORE.
• The user is responsible for maintaining complete backups for any files, content, software, or other items stored from time to time in a VPS account or VPS container. Neteron does not maintain such back-ups.

As part of Neteron's ongoing hosting, Neteron does create and store on a temporary basis VPS backups which are intended for Neteron's disaster recovery only which are typically available only in the event of hardware failure, and only for a short period thereafter. Neteron cannot guarantee the existence, accuracy or completeness of any backups. Please note that typically a complete VPS restoration will overwrite anything stored in your VPS account.

• • User is responsible for maintaining the confidentiality of login and billing information. Neteron is not liable for any account disputes that may arise between various parties holding account login information. Neteron is not responsible for any changes made to the account or any information that has been modified by User, or any parties authorized by User, to access the Control Panel. User is responsible for updating and maintaining contact and billing information with Neteron. Any changes to the User contact information must be made using the account Control Panel or by contacting our Support Team. User is responsible for ensuring that Neteron is able to notify the User for technical, billing or other issues or purposes deemed necessary by Neteron to maintain the account.
  • Free Web Hosting. If you have enrolled in a free plan, your Web site may carry advertising HTML for Neteron or a third party, which could include different types of advertisements, including banners or pop-ups. If you would prefer not to have such advertising on your Web site, we encourage you to sign up for a plan that does not include advertising. Our Support Team can help you choose the plan that is right for you

User's Representations and Warranties User hereby represents and warrants to Neteron, and agrees that during the Initial Term and any Term thereafter User will ensure that:

• User is the owner or valid licensee of the User Content and each element thereof, and User has secured all necessary licenses, consents, permissions, waivers and releases for the use of the User Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by Neteron to pay any fees, residuals, guild payments or other compensation of any kind to any Person;
• User's use, publication and display of the User Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any "moral right" or similar right however denominated;
• User will comply with all applicable laws, rules and regulations regarding the User Content and the User Web site and will use the User Web site only for lawful purposes; and
• User has used its best efforts to ensure that the User Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.

User shall be solely responsible for the development, operation and maintenance of User's Web site, online store and electronic commerce activities, for all products and services offered by User or appearing online and for all contents and materials appearing online or on User's products, including, without limitation

• the accuracy and appropriateness of the User Content and content and material appearing in its store or on its products,
• ensuring that the User Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and
• ensuring that the User Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. User shall be solely responsible for accepting, processing and filling User orders and for handling User inquiries or complaints. User shall be solely responsible for the payment or satisfaction of any and all taxes associated with its Web site and online store.

User grants Neteron the right to reproduce, copy, use and distribute all and any portion of the User Content to the extent needed to provide and operate the Services In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your agent, and transactions entered into by anyone who uses Your account, whether or not the transactions were on Your behalf. License to Neteron User hereby grants to Neteron a non-exclusive, royalty-free, worldwide right and license during the Initial Term and any Term thereafter to do the following to the extent necessary in the performance of Services, except that with respect to personal information included in the User Content, such license shall be limited to allowing Neteron to use such Personal Information in accordance with its Privacy Policy:

• digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the User Content; and
• make archival or back-up copies of the User Content and the User Web site.
• Except for the rights expressly granted above, Neteron is not acquiring any right, title or interest in or to the User Content, all of which shall remain solely with User.
• Neteron, in its sole discretion, reserves the right (i) to deny, cancel, suspend, transfer or alter, modify, correct, amend, change, program, or take any other corrective action to protect the integrity and stability of the Services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, User Content and/or Web site(s)), and/or (ii) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal. User further agrees that Neteron shall not be liable to User for any loss or damages that may result from such conduct.

Neteron Content

• Neteron Content. Except for User Content, all content available through the Services including without limitation any site builder tools, website templates, themes, designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Neteron Content"), are the proprietary property of Neteron or its licensors. No Neteron Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted by Neteron. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Neteron Content. Any use of the Neteron Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the Services and the Neteron Content granted herein. All rights of Neteron or its licensors that are not expressly granted in this Agreement are reserved to Neteron and its licensors.
• Licenses, Copyright Notices and Photo Credits. Any permitted use of Neteron Content is subject to the terms of any applicable license. Users shall not remove any copyright notices or photo credits appearing on any Neteron Content that Users have been granted the right to use. Any violation of this section will be deemed a breach of this Agreement.

Billing and Payment

• User will pay to Neteron the service fees for the Services in the manner set forth in the Registration Form.
• Please note that special offers are limited-time promotional prices that are available to new customers and are valid for the Initial Term only, and not for successive or renewal periods. You will be notified of your pricing for EACH successive period (or renewal period) prior to the start of SUCH successive period (or renewal period). Your pricing for SUCH successive period (or renewal period) ALSO will be available through your control panel at the start of such successive period (or renewal period). Neteron may increase the Service Fee and Product fees (i) in the manner permitted in the service description and (ii) at any time on or after expiration of the Initial Term by providing 24 hours prior written notice thereof to User. Written notice may be in the form of (i) notices and updates in the User's Control Panel , (ii) Public Alerts issued by Neteron, (iii) Notification of Successive Period Pricing ( or RENEWAL period pricing), or [(iv) posting of next scheduled rebill amount in User's Billing Central]. It is the User's sole responsibility to periodically review User's Billing Central information and all other methods of communications and notices sent or posted by Neteron.

User may always check the User's Billing Central area to get an up-to-date statement of the current amount being billed to User for Services. It is the User's sole responsibility to periodically review users Billing Central information.

• • The Service Fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services or any software provided hereunder (excluding any tax on Neteron's net income). All such taxes may be added to Neteron's invoices for the fees as separate charges to be paid by User. All fees are fully earned when due and non-refundable when paid.
  • Unless otherwise specified, all initial fees shall be payable upon sign-up, and all subsequent fees and related charges shall be due and payable when billed, if by credit card, or if not by credit card, within thirty (30) days after the date of the invoice.
  • If Neteron collects any payment due at law or through an attorney at law or under advice therefrom or through a collection agency, or if Neteron prevails in any action to which the User and Neteron are parties, User will pay all costs of collection, arbitration and litigation, including, without limitation, all court costs and Neteron's reasonable attorneys' fees.
  • If any check is returned for insufficient funds Neteron may impose a minimum processing charge of €25.00 plus any applicable taxes.
  • In the event that any amount due to Neteron is not paid when due, Neteron, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. NOTE: USER WEB SITE FILES AND USER CONTENT AND OTHER DATA IS DELETED UPON ACCOUNT TERMINATION.
  • There may be a minimum €50.00 charge to reinstate accounts that have been suspended or terminated.
  • Wire transfers will be assessed a minimum charge of €35.00 plus applicable taxes.
  • There may be a minimum charge of €35.00 plus applicable taxes for all credit card chargebacks.
  • User acknowledges and agrees that Neteron may pre-charge User's fees for Services and products to its credit card supplied by User during registration for the Initial Term.
  • YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN SECTION.

Free Trial Terms If you signed up for a free trial, the following terms and conditions apply to your free trial offer

• Following the expiration of your trial period, you will be automatically charged for the remainder of the term using the credit card you previously provided unless you cancel the Services prior to the expiration of the trial period.
• If you have not provided Neteron with your credit card information and you have not decided to purchase the Services prior to the expiration of the trial, the Services will not be automatically renewed and your access to your website and files may be limited or terminated completely upon expiration.

Payment Policies - General

• Accounts will not be activated or reactivated without prior payment.
• All hosting fees and domain name renewal fees are due at time of invoice for the renewing account and/or domain name.
• Incomplete, incorrect or questionable signup information can result in an account being suspended or terminated or NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.
• Any losses or expenses experienced by the User, due to actions taken by Neteron in response to Users non-payment, are not the responsibility of Neteron.
• Unless stated otherwise, a reference to '€, 'Euro' is a reference to Euro currency. All fees or other amounts hereunder shall be payable in Euro currency, provided however that in the event you signed up for your account or any other product or service for which the fee or other amount is payable in a currency other than Euro (€) then any amounts payable by you hereunder shall be payable in such other currency.

Payment Policies - Payment Processing

• Neteron's preferred method of payment is credit card.
• By purchasing our services, you are agreeing to allow Neteron to place your account on a recurring payment plan. The account will automatically be re-billed according to the terms of the plan, products or services you select. By continuing (or renewing) your services and products you further agree to all of Neteron's Terms of Services and any price increases.
• You grant Neteron permission to charge your credit card for any and all services you request, including, but not limited to, any and all product or service.
• If we are unable to process a payment for your plan, product or service by its due date, your account will be cancelled for non-payment and you will not be able to access your Web site or e-mail.
• WHEN AN ACCOUNT IS CANCELED, ALL COPIES OF THE WEB SITE AND E-MAIL FILES ARE PERMANENTLY AND IRRETRIEVABLY REMOVED FROM OUR SERVERS UPON ACCOUNT CANCELLATION.
• If an account has been suspended for non-payment, it will only be reactivated upon payment of all overdue fees. Upon reactivation, we are not responsible for any deleted Web site or Content.
• If we make any refunds due to charges you dispute with your credit card Neteron, we will cancel your account. The cancelled account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by Neteron as a result of your dispute or charge-back request. We cannot guarantee any files or e-mail will be available upon reactivation.
• It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies.

Neteron as Reseller or Licensor Neteron is acting only as a reseller or licensor of certain services, hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-Neteron Product"). Neteron shall not be responsible for any changes in the Services that cause the Non-Neteron Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Neteron Product either sold, licensed or provided by Neteron to User or purchased directly by User used in connection with the Services will not be deemed a breach of Neteron's obligations under this Agreement. Any rights or remedies User may have regarding the ownership, licensing, performance or compliance of Non-Neteron Product are limited to those rights extended to User by the manufacturer of such Non-Neteron Product. User is entitled to use any Non-Neteron Product supplied by Neteron only in connection with User's permitted use of the Services. User shall use its best efforts to protect and keep confidential all intellectual property provided by Neteron to User through any Non-Neteron Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. User shall not resell, transfer, export or re-export any Non-Neteron Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law. Internet Protocol (IP) Address Ownership If Neteron assigns User an Internet Protocol ("IP") address for User's use, the right to use that IP address shall belong only to Neteron, and User shall have no right to use that IP address except as permitted by Neteron in its sole and absolute discretion in connection with the Services, during the term of this Agreement. Neteron shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to User by Neteron, and Neteron reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Caching. User expressly

• grants to Neteron a license to cache the entirety of the User Content and User's Web site, including content supplied by third parties, hosted by Neteron under this Agreement and
• agrees that such caching is not an infringement of any of User's intellectual property rights or any third party's intellectual property rights.

CPU Usage User agrees that User shall not use excessive amounts of CPU processing on any of Neteron's servers. Any violation of this policy may result in corrective action by Neteron, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Neteron's sole and absolute discretion. If Neteron takes any corrective action under this section, User shall not be entitled to a refund of any fees paid in advance prior to such action. Bandwidth and Disk Usage Neteron provides Users with bandwidth, disk space and other resources, such as e-mail and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in Neteron's web pages describing the package of Services purchased at the time of purchase. In some cases, Neteron may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as "Unlimited". In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. Neteron reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User's plan. User agrees that such usage shall not exceed the amounts set by Neteron for the Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by Neteron as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User's active electronic mail services related solely to User's web hosting account(s) with Neteron. Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion. Neteron will monitor User's use of bandwidth, disk usage and other resources. Neteron, in its sole discretion, shall have the right to take any corrective action if User's utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, normal usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content, User's electronic mail and e-mail services and/or other materials and services or termination the User's account and of this Agreement, which actions may be taken in Neteron's sole and absolute discretion. If Neteron takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User's Web site, User Content and/or User's electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. User may not utilize: the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party; the Services to traffic in illegal drugs, gambling, obscene materials or any other products or services that are prohibited under applicable law; the Services to export encryption software to points outside the United States (or, if User is outside the United States, to points outside the User's national jurisdiction) in violation of applicable export control laws; the Services to forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message. If Neteron learns or discovers that User is violating any law related to User's Web site, User Content and/or User's electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, Neteron may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User's Web site, User Content and/or User's electronic mail. User is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the Web site does not violate such requirements or exceed any such limits allocated for the account(s) and otherwise complies with this Agreement. Neteron will use commercially reasonable efforts to e-mail Users who are at or near their utilization limits, but Neteron does not take responsibility if e-mail notification(s) is not received by the User. Neteron reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the any such allotment. Parked Domain Services In addition to the applicable terms and conditions contained herein:

• If User signs up to register and park a domain name with Neteron, all domain name renewal fees are due at time of invoice, before the renewal date of the domain name. Payments are non-refundable. If for any reason Neteron is unable to charge User's payment method for the full amount owed Neteron for the service provided, or if Neteron is charged a penalty for any fee it previously charged to Your payment method, User agrees that Neteron may pursue all available remedies in order to obtain payment. User agrees that among the remedies Neteron may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to User of User's service. Neteron reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, User service issues that cannot be handled over e-mail but require personal service, and disputes that require legal services. These charges will be billed to the payment method we have on file for User.
• User agrees to be responsible for notifying Neteron should User desire to terminate use of any of the Parked Page Services, including, but not limited to, those purchased. Notification of User's intent to terminate must be provided to Neteron no earlier than thirty (30) days prior to User's billing date but no later than ten (10) days prior to the billing date. In the absence of notification from User, Neteron will automatically continue the Parked Page Services indefinitely and will charge User's payment method that is on file with Neteron, at Neteron's then current rates. It is User's responsibility to keep their payment method information current, which includes the expiration date if using a credit card. In the event User terminates the Parked Page Services, moving their Web site off of the Neteron servers is User's responsibility. Neteron will not transfer or FTP such Web site to another provider. Any change by User of their name-server is not deemed cancellation of the Parked Page Services.
• Neteron will provide User with the Parked Page Services as long as User abides by the terms and conditions set forth herein and in each of Neteron's policies and procedures.
• By using any of the Parked Pages Services, User agrees that Neteron may point the domain name or DNS to one of Neteron's or Neteron's affiliates web pages, and that they may place advertising on User's web page and that Neteron specifically reserves this right. User shall have no right to any compensation and shall not be entitled and shall have no right to receive any funds related to the monetization of User's Parked Pages.
• User agrees to indemnify and hold harmless Neteron for any complications arising out of use of the Parked Page Services, including, but not limited to, actions Neteron chooses to take to remedy User's improper or illegal use of a Web site hosted by Neteron. User agrees it is not be entitled to a refund of any fees paid to Neteron if, for any reason, Neteron takes corrective action with respect to any improper or illegal use of the Parked Page Services.
• If a dispute arises as a result of one or more of User's Parked Pages, User will indemnify, defend and hold Neteron harmless for damages arising out of such dispute. User also agrees that if Neteron is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Web site hosted by Neteron, that Neteron, in its sole discretion, may take whatever action Neteron deems necessary regarding further modification, assignment of and/or control of the Web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

SimpleScripts Terms SimpleScripts automates the installation of a given open source application. Users are free to install open source applications independently of SimpleScripts by following the instructions provided by Neteron or the organization that developed the open source application. When a User uses an open source application, the User licenses it from the open source provider, not from Neteron.

• We do not provide support for the application once the application has been successfully installed; we provide support only for the installation or upgrade process. Any support requests regarding actual use of the application must be directed to the organization or Neteron that developed the application.
• The User is responsible for creating back-ups before upgrading to the next version.
• We can not guarantee that the version we currently provide is the latest one being distributed by the vendor.
• Any security risks including, but not limited to, hacking, phishing and information piracy are the sole responsibility of the User.
• We reserve the right to discontinue applications managed by SimpleScripts at any time.
• SimpleScripts applications are installed at the User's own risk. We can not be held liable for lost data or damage caused by open source applications provided through SimpleScripts.

Standard and Private-Label Reseller Programs In addition to all terms and conditions described in this Agreement, the following shall also be applicable to Neteron Wholesale, Wholesale Plus and Private-Label Resellers;

• The Reseller agrees, on behalf of both the Reseller and each User signed up by the Reseller, to comply with these Terms of Service.
• In the event that a Reseller or a Reseller's User is determined to be in violation of the Terms of Service, the Reseller shall, upon receipt of notice of the violation, take prompt action to ensure that the account in question is updated to be in full compliance with the Terms of Service.
• Neteron is not responsible for the actions or misrepresentations of Resellers. The Reseller hereby agrees to indemnify Neteron from and against any and all claims made by any User that result from the Reseller's misrepresentation, breach of the Terms of Service or other improper actions by the Reseller.
• Neteron reserves the right to revise its Wholesale, Wholesale Plus and Private-Label Reseller Programs, AUP and the Terms of Service at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth in any required notice provided by us in connection therewith.
• Users who have been signed up by Resellers agree to operate their Web sites in accordance with the Terms of Service.
• Resellers cannot make any modifications to the Neteron Terms of Service. Any such alterations shall be deemed a violation of the Terms of Service and could result in a cancellation of a Reseller's account(s). Neteron is not responsible for any modifications made to the Terms of Service by Resellers.
• Resellers in the Wholesale Reseller Program assume all responsibility for billing and technical support for each of their Users. Neteron reserves the right to refuse inquiries made to the Support Team from the Customers of Resellers in the Wholesale Reseller Program.

Obligations of Resellers of Domain Registrar Services If you are a Reseller of Domain Registrar Services these Terms of Service, including without limitation the following provisions, constitute the agreement by which you would provide Registrar Services ("Registrar Reseller"):

• Registrar Reseller agrees to comply with any and all policies, terms and conditions of ICANN (http://www.icann.org/registrars/ra-agreement-17may01.htm), or such other registration agreement as ICANN, Neteron, or registry administrator shall post on their website from time to time, but only those portions that are applicable to all registrars, including, but not limited to, those that will prohibit the registration of certain domain names (those not allowed to be registered by statute or regulation).
• Registrar Reseller is prohibited from displaying the ICANN or ICANN-Accredited Registrar logo, or from otherwise representing itself as accredited by ICANN unless it has written permission from ICANN to do so.
• Any registration agreement used by Registrar Reseller shall include all registration agreement provisions and notices required by the ICANN Registrar Accreditation Agreement and any ICANN Consensus Policies, and shall identify the sponsoring registrar or provide a means for identifying the sponsoring registrar, such as a link to the InterNIC Whois lookup service.
• Registrar Reseller shall identify the sponsoring registrar upon inquiry from the customer.
• Registrar Reseller shall ensure that the identity and contact information provided by the customer of any privacy or proxy registration service offered or made available by Registrar Reseller in connection with each registration will be deposited with Registrar or held in escrow or, alternatively, display a conspicuous notice to such customers at the time an election is made to utilize such privacy or proxy service that their data is not being escrowed. Where escrow is used, the escrow agreement will provide, at a minimum, that data will be released to registrar in the event Registrar Reseller breaches this reseller agreement, and such breach is harmful to consumers or the public interest. In the event that ICANN makes available a program granting recognition to resellers that escrow privacy or proxy registration data as detailed above, and Registrar Reseller meets any other criteria established by ICANN in accordance with its Bylaws, Registrar Reseller shall be permitted to apply to ICANN for such recognition.
• Registrar Reseller shall provide a link to the ICANN webpage that identifies available registrant rights and responsibilities, currently found at http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities on any website it may operate for domain name registration or renewal clearly. Such link shall be displayed to its registered name holders at least as clearly as links to policies or notifications required to be displayed under ICANN Consensus Policies.
• If Neteron becomes aware that such a Registrar Reseller is in breach of any of the foregoing provisions, Neteron shall take reasonable steps to notify the Registrar Reseller that it is in breach of this reseller agreement and that Neteron has the right to terminate such agreement.

Virtual Private Servers (VPS). VPS sometimes also referred to as Virtual Dedicated Server When creating a VPS account, we split dedicated servers into independent areas, referred to as containers. The customer is responsible for providing the firewalls, software, web files, content and Operating systems for the customer's container, independent of other containers on the server. Each container is allotted its own disk space, CPU power, bandwidth, and memory. This isolation of server space allows for independent server customization for which the customer is responsible VPS is different from shared hosting, and VPS customers should be technically advanced and prepared to use and operate a server, various Operating Systems, Linux and root access. In addition to all terms and conditions described in this Agreement, the following shall also be applicable to Neteron VPS customers;

• The Customer assumes all responsibility for installation and maintenance of the Operating System (OS) used within the customer's container, as well as any reinstalls and changes.
• Customer assumes all responsibility for their VPS environment, firewalls, protections from bugs, viruses or other intrusions, content applications and resources used.
• Customer agrees to take full responsibility for installation, storage, back-up, maintenance, and other aspects of its files, software, data and other content or items transferred to or used in the container and the VPS account.
• The Customer is solely responsible for all files contained in their VPS whether the Customer had knowledge of the files or not and for assuring that the container is used and operated in compliance with this Agreement.
• It is the responsibility of the customer to ensure their system is secured and safe from compromise at all time. If a container is found to be compromised or in violation of this Agreement, Neteron has the right to suspend and terminate service immediately.

Resource Usage Limits. Misuse of system resources, including but not limited to, employing programs that consume excessive CPU time (outside of reserved for user's container), network capacity, disk IO or storage space, may result in account suspension and termination.

• Mail Policy. VPS accounts will be governed by our shared-hosting mail policy. Furthermore, anyone hosting websites or services on their server or container that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network.Third-Party Software. In the event You elect to install any third-party software, the following terms shall apply;
• You represent and warrant You have the right to use and install the third-party software.
• You have paid the applicable licensing fees for the third-party software, and the third-party software does not and shall not infringe on the intellectual property rights of any other person or entity.
• You agree to defend, indemnify and hold harmless Neteron and its employees, officers and directors for, from and against any and all claims brought against Neteron and its employees, officers and directors by a third-party alleging the software infringes:
  • the third-party's rights; or
  • a third party's patent, trademark, copyright or other intellectual property right. You agree that in such an event You shall pay all resulting costs, damages, expenses and reasonable attorneys' fees that a court awards and settlements incurred by Neteron in connection with any such claims.

Property Rights

• Neteron hereby grants to User a limited, non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of this Agreement, to use Neteron technology, products and services solely for the purpose of accessing and using the Services. User may not use Neteron's technology for any purpose other than accessing and using the Services. Except for the rights expressly granted above, this Agreement does not transfer from Neteron to User any Neteron technology, and all rights, titles and interests in and to any Neteron technology shall remain solely with Neteron. User shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Neteron.
• Neteron owns all right, title and interest in and to the Services and Neteron's trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the related hardware, software and systems ("Marks"). Noting in this Agreement constitutes a license to User to use or resell the Marks.

Disclaimer of Warranty User agrees to use all Services and any information obtained through or from Neteron, at User's own risk. User acknowledges and agrees that Neteron exercises no control over, and accepts no responsibility for, the content of the information passing through Neteron's host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NEITHER WE NOR ANY OF OUR PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "RELATED PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT WE PROVIDE. NO RELATED PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. WE ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USER OR STORED BY USER OR ANY OF USER'S USERS VIA THE SERVICES PROVIDED BY US NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY RELATED PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement. Limited Warranty

• Neteron represents and warrants to User that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by Neteron generally to its other Users for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions. User will be deemed to have accepted such Services unless User notifies Neteron, in writing, within thirty (30) days after performance of any Services of any breach of the foregoing warranties. User's sole and exclusive remedy, and Neteron's sole obligation, for breach of the foregoing warranties shall be for Neteron, at its option, to re-perform the defective Services at no cost to User, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue User a credit in an amount equal to the current monthly service fees pro rated by the number of hours in which the Services have been interrupted. Neteron may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers.
• The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of Neteron's reasonable control; (b) that resulted from any actions or inactions of User or any third parties; or (c) that resulted from User's equipment or any third-party equipment not within the sole control of Neteron. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WE HEREBY EXPRESSLY DISCLAIM THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY PRODUCT OR SERVICE PROVIDED TO USER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.

Limitation of Liability

• IN NO EVENT WILL OUR LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SERVICE FEES PAID TO US BY YOU DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
• WE CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. WE WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
• EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.

The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other Terms of Service theory (including strict liability), other than claims based on fraud or willful misconduct. The limitations contained in Section 18 shall not apply to User's indemnification obligations. Notwithstanding anything to the contrary in this Agreement, Neteron's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by User for the Services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose. User understands, acknowledges and agrees that if Neteron takes any corrective action under this Agreement because of an action of User or one if its Users or a reseller, that corrective action may adversely affect other Users of User or other reseller Users, and User agrees that Neteron shall have no liability to User, any of its Users or any Reseller User due to such corrective action by Neteron. This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement. Indemnification

• User agrees to indemnify, defend and hold harmless Neteron and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to User's use of the Services, (ii) any violation by User of the AUP, (iii) any breach of any representation, warranty or covenant of User contained in this Agreement or (iv) any acts or omissions of User. The terms of this section shall survive any termination of this Agreement.

Waiver of Jury Trial

• Both You and Neteron hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of this Agreement.
• The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims.
• You and Neteron each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into this Agreement and that each will continue to rely on the waiver in their related future dealings.
• Each party further warrants and represents that each has had the opportunity to have counsel review this Agreement and this waiver.
• The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to this Agreement. In the event of litigation, this Agreement may be filed as written consent to a trial by court.

Miscellaneous

• Independent Contractor. Neteron and User are independent contractors and nothing contained in this Agreement places Neteron and User in the relationship of principal and agent, master and servant, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
• Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the Hämeenlinna Court in Finland. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any suit, action or proceeding concerning this agreement must be brought in the Court of Hämeenlinna, Finland. EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
• Headings. The headings herein are for convenience only and are not part of this Agreement.
• Entire Agreement; Amendments. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of User or Neteron, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of User and Neteron. This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by Neteron in its sole discretion, which modifications will be effective when posting to Neteron's Web site or on any subsequent date as may be set forth in any required notice provided by us in connection therewith. Upon renewal of any services or products, User agrees to all Terms of Service in effect on date of renewal and any amendments which take effect pursuant to the terms hereof.
• Severability. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
• Notices. All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties' signatures. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. Neteron may give written notice to User via electronic mail to the User's electronic mail address as maintained in Neteron's billing records.
• Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
• Assignment; Successors. User may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of Neteron. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Neteron may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
• Limitation of Actions. No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen.
• Counterparts. If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is signed electronically, Neteron's records of such execution shall be presumed accurate unless proven otherwise.
• Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
• No Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, Terms of Service or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, User acknowledges and agrees that any supplier of third-party product or service that is identified as a third-party beneficiary in the Service Description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against User as if it were a party to this Agreement.
• Government Regulations. User may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the European Community (or, if User is outside the European Community, to anyone outside of User's national jurisdiction) in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the European law and any country or organization of nations within whose jurisdiction User operates or does business.
• Marketing. User agrees that during the term of this Agreement Neteron may publicly refer to User, orally and in writing, as a User of Neteron. Any other public reference to User by Neteron requires the written consent of User.

Acceptable use policy

General Information

As used herein, the term "User" or "Users" shall include any and all users, Customers, subscribers, affiliates (including without limitations Customers or non-Customers to whom Neteron provides links or banners to promote the services or products of Neteron or any third party the services or products of which are offered by or obtained through or in connection with Neteron), resellers or others (i) who sign up for, use or obtain services or products from Neteron or from any third party services or products of which are offered by or obtained through or in connection with Neteron, or (ii) who visit the Web site of Neteron Web Hosting or of any such third party. As a provider of Internet/World Wide Web access, Web site hosting, and other Internet-related services, Neteron, ("Neteron") offers Users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Neteron respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Neteron reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Neteron has developed this Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each User's respective service agreement and is intended as a guide to the User's rights and obligations when utilizing Neteron's services. This AUP will be revised from time to time. A User's use of Neteron's services after changes to the AUP are posted on Neteron Web Hosting's Web site, under the Terms of Service section, will constitute the User's acceptance of any new or additional terms of the AUP that result from those changes. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When Users or others obtain information through the Internet, they must keep in mind that Neteron cannot and does not monitor, verify, warrant, or vouch for the accuracy and quality of the information that users may acquire. For this reason, the user must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Neteron cannot monitor or censor the Internet, and will not attempt to do so, Neteron cannot and does not accept any responsibility for injury to its Users or others that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When Users or others disseminate information through the Internet, they also must keep in mind that Neteron does not review, edit, censor, or take responsibility for any information its users, customers, subscribers or others may create. When Users or others place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Neteron's network and may reach a large number of people, including both Users and subscribers and non-subscribers of Neteron, Users' postings to the Internet may affect others and may harm Neteron's goodwill, business reputation, and operations. For these reasons, Users violate Neteron policy and the service agreement when they, their users, customers, subscribers, employees, affiliates, or subsidiaries engage in activities described herein.

Scope

This AUP governs the usage of products and services of Neteron or of any third party which are subscribed to or obtained through Neteron (the "Services"). This AUP is incorporated by reference into each contract Neteron or any such third party enters into with a User for the use of such Services. Neteron may modify this AUP at any time without notice. In addition, this AUP is incorporated by reference into the Terms of Service applicable to the Web site of Neteron Web Hosting so that no person who utilizes the Web site or services of Neteron Web Hosting (regardless of whether that person is a User) may take any action utilizing the Web site of Neteron Web Hosting that a User would be prohibited to take utilizing the Services.

Purpose

The purpose of this AUP is to enhance the quality of the Services and to protect Users, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This AUP applies to each User. Each User should use common sense and good judgment in connection with the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.

Prohibited Uses

Users may not:

• Utilize the Services to send unsolicited bulk and/or commercial messages over the Internet (known as "spam" or "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Neteron, but also because it can overload Neteron's network and disrupt service to its Users subscribers. Maintaining an open SMTP relay is prohibited. Any direct action, configuration, or setting that causes excessive outbound e-mail traffic is subject to review and possible action. When a complaint is received, Neteron has the absolute and sole discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list, or whether the outbound e-mail traffic generated from an account is suitable for a shared hosting environment.
• Utilize the Services to engage in the illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription.
• Utilize the Services in connection with any illegal activity or activity otherwise prohibited by this AUP. Without limiting the general application of this rule,

Users may not:

• Utilize the Services for or in connection with any activities or content determined by Neteron, in its sole discretion, to be related to gambling, adult, obscene or pornographic materials or content, harassment, defamation, libel and hate speech or other offensive speech or content, or for any unlawful purpose, including without limitation, fraud, money laundering, child pornography, terrorist-related activities, activities in violation of U.S. export or import laws, any executive orders, or any rules, regulations or orders issued by Office of Foreign Asset Controls ("OFAC"), infringement on rights of others, trafficking in illegal drugs, or any products or services that are prohibited under applicable law, or which Neteron determines to be controversial or disruptive to the operations of Neteron or any other User or third party;
• Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
• Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
• Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws;
• Utilize the Services to Forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message; or
• Utilize the Services in any manner that violates applicable law.
• Use any BitTorrent tracking technology for downloads
• The use of Botnets, or any act resulting in web browser vulnerabilities, worms or Trojan horses.
• Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule,

Users may not:

• Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person's consent or (C) otherwise violates the privacy rights of any person. Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
• Utilize the Services in connection with any other disruptive, controversial or abusive activity, as determined by Neteron in its sole discretion. Without limiting the general application of this rule,

Users may not:

• Utilize the Services to cause denial of service attacks against Neteron or other network hosts or Internet users or to otherwise degrade or impair the operation of Neteron's servers and facilities or the servers and facilities of other network hosts or Internet users; or
• Post messages or software programs that consume excessive CPU time, or storage space, or network bandwidth; or
• Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or auto responders other than for the User's own account; or
• Resell or allow access to or use of, any of our Services except as and only to the extent permitted in one of our authorized Reseller programs. Further, by way of expansion and not by limitation, you may not store files or other data of third parties on our servers; or
• Utilize the Services to subvert, or assist others in subverting, the security or integrity of any Neteron systems, facilities or equipment; or
• Utilize the Services to gain unauthorized access to the computer networks of Neteron or any other person; or
• Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code; or
• Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous re-mailers or Internet nicknames); or
• Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services; or
• Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator); or
• Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or Spam; or
• Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or Spam; or
• Utilize the Services in any manner that might subject Neteron to unfavorable regulatory, law enforcement or other legal action, subject Neteron to any liability for any reason, or adversely affect Neteron's public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Neteron in its sole discretion.

While on a shared hosting platform, utilize, operate, enable, execute, compile, upload or publicly store source code, executable code, programs, or software packages designed to perform tasks not directly associated with Web site/e-mail hosting, including, without limitation,

• (A) directly opening any listening port,
• (B) starting any 'daemon' process,
• (C) performing local/remote security scans,
• (D) simulating local shell/OS access by means of a tunneled/encapsulated connection to a remote host,
• (E) circumventing firewall restrictions,
• (F) connecting to any IRC/Peer to Peer file sharing server/network,
• (G) providing 'tracker' services to 'BitTorrent' clients,
• (H) exploiting web browser vulnerabilities, as determined by Neteron in its sole discretion,
• (I) Attempt to attack, disrupt, or abuse the support- and contact-related mechanisms of Neteron, including, but not limited to, telephone lines, e-mail addresses, fax lines, bulletin boards or contact/signup forms; or
• (J) Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.

Violations

• Disclaimer. Neteron expressly disclaims any obligation to and does not monitor its Users and other Users with respect to violations of this AUP. Neteron has no liability or responsibility for the actions of any of its Users or other Users or any content any User may post on any Web site.
• Reporting Non-Copyright Violations. Neteron encourages Users to report violations of this policy by e-mail to: complain (at) neteron.com, including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, Spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.
• Reporting Copyright Violations. Neteron complies with the Digital Millennium Copyright Act ("DMCA"). Neteron encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA which information is located under the DMCA Policy of this Web site.
• Remedies. If Neteron learns of a violation of this AUP, Neteron will respond to the applicable User and may, in Neteron's sole discretion, take any or all of the following actions, with or without notice as it deems necessary or appropriate in accordance with the severity and duration of the violation:
  • Warning the User: and/or
  • Suspending the offending User from the Services; and/or Terminating or cancelling, or disconnecting the offending User from, the Services; and/or
  • Imposing fees or charges on the offending User account in accordance with the applicable service contract; and/or
  • Removing the offending content; and/or
  • Taking other action in accordance with this AUP, the applicable service contract or applicable law.

Reservation of Rights

Neteron reserves the right to cooperate with and provide any and all User information and data to appropriate legal authorities in investigations or reporting of claims of illegal activity involving Neteron's Services. Neteron reserves all other rights to respond to violations of this AUP to the extent of applicable law and in accordance with any applicable contractual obligations. Neteron may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this AUP and each User agrees that Neteron is authorized to monitor its communications through Neteron's network for such purposes.

Civil Subpoena Policy

Neteron's Privacy Policy prohibits the release of User or account information except in limited circumstances, including with express permission from the User, as and when required or permitted by law, to conform to the edicts of the law, or to comply with legal process properly served on Neteron or one of its affiliates.

If you seek the identity or account information of a Neteron User in connection with a civil legal matter, you must fax, mail, or serve Neteron with a valid subpoena.

Submission of Subpoenas

Neteron is located in Hämeenlinna, Finland and all civil subpoenas should be served at that location or mailed to:

Vanaja Commerce and Solutions
Neteron
Ritvalankatu 12
13220 Hämeenlinna
Finland
Phone: (+358) 442012914
E-mail: legal (at) neteron.com

IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER AND/OR NOTIFY BY PHONE (+358 442012914). DUE TO THE VAGARIES OF THE INTERNET, AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER OR NOTIFYING BY PHONE), WILL HELP ASSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.

Upon the receipt of a validly issued civil subpoena, Neteron will promptly notify the User whose information is sought via e-mail or postal service mail. If the circumstances do not amount to an emergency, Neteron will not immediately produce the User's information sought by the subpoena and will provide the User an opportunity to move to quash the subpoena in court.

Fees for Subpoena Compliance

Neteron will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the Neteron invoice. Checks should be made out to Neteron.

Neteron's subpoena compliance costs are as follows:

Research - €75.00/hour
Posti - Cost as Billed
Copies - €1/page

Any applicable taxes will be charged in addition to the above fees.

Policies Regarding E-mail

Neteron will not produce the content of e-mail, even pursuant to subpoena or court order, except in limited circumstances. Neteron's e-mail servers do not retain deleted or sent e-mail. However, deleted e-mail may be recoverable from back-up servers for a limited time.

Neteron reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Neteron e-mail address is related to the pending litigation and the underlying subpoena.

Payments, Cancellations, Return and Refund Policy

Vanaja Commerce and Solutions FI28019635 (online shop) sells products to private persons in Finland and abroad. We reserve all rights to change the terms and conditions, and the prices. Contact us E-mail: info@neteron.com Telephone: +358 442012914 Address: Ritvalankatu 12, 13220 Hämeenlinna, Finland Orders Orders are collected from the online shop selection by adding the products to the shopping basket. The order is confirmed by using the check-out functionality in the online shop to pay for the purchase. By confirming an order, you accept these terms and conditions, product pricing and shipping costs. An e-mail confirmation will be delivered in case an e-mail address is provided by the time of confirming the order. The e-mail confirmation lists the products ordered and the price breakdown. Payments Bambora PayForm (Paybyway Oy, business-id FI24865594) is the payment facilitator of the online shop. The Paybyway Oy is a payment facilitator authorized by the Financial Supervisory Authority of Finland. The payment process is conducted in the online service of the Bambora. Bambora or Paybyway Oy is shown as the payment received in the bank account listing and in the invoice. Paying with Bambora is safe. All information is exchanged through secured connections. The trade happens between the online customer and the online shop. The online shop is responsible for all obligations related to the trade. Read more about Bambora: https://www.bambora.com Payment methods With Bambora PayForm you can pay your order by an internet banking account, a payment card (credit/debit), an invoice or a partial payment. The following methods of payment are supported: Osuuspankki, Nordea, Danske Bank, Oma Säästöpankki, Säästöpankki, Aktia, Paikallisosuuspankit, S-Pankki, Handelsbanken, Ålandsbanken, Visa-, Visa Debit-, Visa Electron-, MasterCard- and Debit MasterCard payment cards, Jousto, Everyday and Euroloan. Jousto: With Jousto invoice and part-payment you can pay in over 4000 online shop in Finland. With Jousto invoice, you get 14 days payment time (invoice fee 4,90 eur). With Jousto part-payment, you get max 12 months payment time (invoice fee 4,90 eur and monthly interest rate 2,42%). More information: www.jousto.com Everyday: Everyday credit limit is at least 300 eur. Pay with one transaction by the end of next month (no extra fees) or with monthly payments. Minimum sum per monthly payment is 1/5 of the total sum of the bill. After the due date, 5% monthly interest rate is added. Annualized percentage rate for typical 500 eur credit is 48,52 %. More information: www.everyday.fi Euroloan: Euroloan Consumer Finance Oyj (2159120-9) is a Finnish financing institution operating since 2007. Euroloan invoice and part-payment is available to over 20 years old consumers having a permanent address in Finland. The payment method is enabled for payments from 10 to 2000 eur. The part-payment is invoiced every 30 days. For example, annualized percentage rate for a 1500 eur credit is 26,1 % when the payment term is 12 months. The total price is 1697,15 eur (incl. interest rate 6 %, invoicing fee 3,95 eur/month, opening fee from 3 eur). Euroloan Consumer Finance Oyj reserves a right to review the credibility and the address information of consumers using Euroloan invoice or part-payment. The consumer is also requested the provide the personal id number. The credit is approved or declined based on this review. The order is delivered only to the address registered to the Population Register of Finland. More information: www.euroloan.fi/luotot/laskujaosamaksu Contact Bambora PayForm Bambora PayForm, Paybyway Oy (business-id FI24865594) E-mail: payform@bambora.com Telephone: +358 29 300 5050 (workdays 9-16) Address: Laserkatu 6, 53850 Lappeenranta, Finland

Refund Policy

All customers are obligated to read, agree to, and keep up-to-date on each of our policies. By obtaining and continuing to use our service, you are agreeing to all of the Neteron policies. Please be aware that these policies may change at anytime without advanced notice, though we will notify you of changes. If you have any questions, comments, or concerns with any of our policies, please contact us. We are happy to explain the reasons for any of our policies.

General Refund Policy

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Refunds only apply to the money back guarantee. There are no refunds on domain name registrations, dedicated servers, colocation services, service addons, software licenses, setup fees, administrative fees, account credit balance, support or install fees. Account renewals and recurring payments after the money back guarantee are non-refundable. We will not refund accounts that do not cancel before their next due date. Meaning, while canceling, your last payment made prior to canceling will not be refunded. Client may request a cancellation date that matches the service end date.

Shared Web Hosting – 30 Day Money Back Guarantee!

All new Web Hosting accounts are covered by 30 day Money Back Guarantee. If you become dissatisfied with our services at any point within the first 30 day of holding an active account, we will issue a full refund of your money unless otherwise specified at, or prior to, the time of purchase. * Money Back Guarantee isn’t valid for clients who violates any of our Service Policies. We have all rights to decline a refund when you are in violation.

Virtual Private Servers (VPS) – 14 Days Money Back Guarantee!

All new Linux or Windows Virtual Private Servers (VPS) are covered by 14 days Money Back Guarantee. If you become dissatisfied with our services at any point within the first 14 days of holding an active account, we will issue a full refund of your money unless otherwise specified at, or prior to, the time of purchase. * Money Back Guarantee isn’t valid for clients who violates any of our Service Policies. We have all rights to decline a refund when you are in violation. * Only basic VPS fee is refundable. Add-ons like Additional IP’s, Licenses, etc. are not subject to refund.

Dedicated Servers & Colocation Services – No Money Back Guarantee!

Due nature of services, Dedicated Servers or Collocation services fees are not refundable, unless otherwise specified at, or prior to, the time of purchase.

Domain names registration & SSL Certificates – No Money Back Guarantee!

Due nature of services, Domain names registration and/or SSL Certificates services fees are not refundable, unless otherwise specified at, or prior to, the time of purchase.

Cancellation Policy

• The initial term of this Agreement shall be as set forth in the Registration Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to User, and after the Initial Term, this Agreement shall continue for successive periods (or renewal period) of equal length as the Initial Term OR SUCH OTHER TERM AND PRICE THAT SHALL BE SET FORTH IN A NOTICE TO THE CUSTOMER AT LEAST 24 hours PRIOR TO the commencement of such successive period or RENEWAL period. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE or renewal PERIODS, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".
• This Agreement may be terminated or cancelled; at anytime by either party (Including by You, if you receive notice of an amendment to this Agreement) by giving the other party thirty (30) days prior written notice, provided that we may charge You a minimum €35.00 charge as an early cancellation fee.

If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign-up, the User will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Support Team. Refunds made for a thirty (30) day money-back guarantee will not include domain registration fees or setup fees, nor will they include any fees for additional services that are purchased in the first thirty (30) days. If your plan includes a free domain name and You cancel within the first 30 days, a fee for the domain (and any applicable taxes) will be deducted from your refund. If you do not wish to keep the domain name, Neteron will take possession of the domain and the fee will not be charged. The thirty (30) day money-back guarantee is valid for credit-card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the thirty (30) day money-back guarantee for other payment methods.

• by Neteron in the event of nonpayment by User,
• by Neteron, at any time, without notice, if, in Neteron's sole and absolute discretion and/or judgment, User is in violation of any term or condition of this Agreement and related agreements, AUP, or User's use of the Services disrupts or, in Neteron's sole and absolute discretion and/or judgment, could disrupt, Neteron's business operations and/or
• by Neteron as provided herein.

If You cancel this Agreement, upon proper notice to Neteron, prior to the end of the Initial Term or any successive period (or renewal period) thereafter,

• You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation;
• Neteron may (but is not obligated to) refund to You all pre-paid fees for basic hosting services for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), less any setup fees, cancellation fees, and any applicable taxes and any discount applied for prepayment, provided that You are not in breach of any terms and conditions of this AUP, User Agreement, Anti-Spamming Policy or Domain Policy;

If your plan includes a free domain name, a fee for the domain and any applicable taxes will be deducted from your refund. If you do not wish to keep the domain name, Neteron will take possession of the domain and the fee will not be charged. and/or

• We may charge You one hundred percent (100%) of all charges for all Services for each month remaining in the then-current Term (other than basic hosting fees as provided in (ii) above).
• Any cancellation request shall be effective thirty (30) days after receipt by Neteron, unless a later date is specified in such request.

Neteron may terminate this Agreement, without penalty,

• if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, Terms of Service or regulatory reason, by giving User as much prior notice as reasonably practicable; or
• immediately, if Neteron determines that User's use of the Services, the Web site or the User Content violates any Neteron term of service, including the AUP, User Agreement, Anti-Spam Policy, Privacy Policy or Domain Policy. If Neteron cancels this Agreement prior to the end of the Term for Your breach of this Agreement and related agreements, including the AUP, User Agreement, Anit-Spam Policy, Privacy Policy or Domain Policy or User's use of the Services disrupts our network, Neteron shall not refund to You any fees paid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, We may charge You 100% of all charges for all Services for each month remaining in the then-current Term and Neteron shall have the right to charge You an administrative fee of a minimum of €35.00.

Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. The provisions of Sections of this Agreement shall survive the expiration or termination of this Agreement for any cause or reason whatsoever, and, notwithstanding the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other Terms of Service or equitable rights or remedies to which Neteron may be entitled. UPON TERMINATION OF THIS AGREEMENT FOR ANY CAUSE OR REASON WHATSOEVER, USER WEB SITE FILES AND USER CONTENT AND OTHER DATA IS DELETED UPON ACCOUNT TERMINATION. Accordingly, User should always maintain back-up copies of User's web site and other User content and data so User may use such copies host elsewhere after such termination. You have ninety (90) days to dispute any charge or payment processed by Neteron. If you have a question concerning a charge you believe is incorrect, please contact us at (+358) 442012914 or through our chat service or our contact form or using a ticket support at anytime.

Final Provision

Customer and Company agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation. Should the parties fail to resolve any such disagreement within ten (10) days, any controversy or claim arising out of or relating to this Agreement, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in the city of Hämeenlinna-Finland. The arbitration shall be conducted by one arbitrator, who shall be (a) selected in the sole discretion of the court of Hämeenlinna and (b) a licensed attorney with at least ten (10) years experience in the practice of law and at least five (5) years experience in the negotiation of technology contracts or litigation of technology disputes. The arbitrator shall have the power to enter any award that could be entered by a judge of the city of Hämeenlinna sitting without a jury, and only such power, except that the arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of Finland or any other applicable law. The arbitrator must issue his or her resolution of any dispute within thirty (30) days of the date the dispute is submitted for arbitration. The written decision of the arbitrator shall be final and binding and enforceable in any court having jurisdiction over the parties and the subject matter of the arbitration. Notwithstanding the foregoing, this Section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.

Anti-SPAM Policy

This policy applies to all Neteron Network users. Any kind of SPAM from our network is strictly prohibited, clients found in this act will be sanctioned immediately.

Inappropriate E-Mail Activities

Commercial e-mail: Defined as sending unsolicited commercial e-mails. This is prohibited. You are not permitted to use your Neteron service to send unsolicited commercial e-mail. Using an e-mail address hosted anywhere on Neteron servers to collect responses from unsolicited commercial e-mail is prohibited. This includes using a throw-away, free e-mail account to promote your Neteron account and redirectors for the same account.
Mail Bombing: Defined as sending large volumes of unsolicited e-mail to individuals from your Neteron service. This is strictly prohibited.
Harassment: Defined as sending threatening or harassing e-mail after being requested to stop, is prohibited. Extremely threatening or harassing e-mail never is allowed.

Inappropriate Newsgroup/Forums Activities

Newsgroup/Forums Spamming: Defined as excessive cross-posting, or posting the same article to several Newsgroup/Forums. This is prohibited. Generally accepted standards allow no more than 15 newsgroups, or cross-postings, for a single article or substantially similar articles. Such articles may be canceled. You are not allowed to use your Neteron based mail facilities to SPAM the Newsgroup/Forums.
Off topic or inappropriate postings: There is no restriction on content, except as defined by each Newsgroup/Forums. Continued posting of off-topic articles is prohibited. Please note that commercial advertisements are off-topic in the vast majority of Newsgroup/Forums.

Fine/Penalties

Should you violate Neteron’s NO SPAM/UCE Policy, Neteron WILL charge you, as client, €200 per hour (minimum one hour) for the time it takes us to “clean-up” your SPAM. This shall include but not be limited to the time required to answer e-mail from angry recipients of your SPAM and/or repair of a damaged server due to the “Mail Bombing” or other actions of the angry recipients in retaliation of your SPAM. You will also be charged €30 per gigabyte of data transfer that your SPAM incurred, including bandwidth used by answers to or complaints about your SPAM. We will invoice this amount and should it not be paid, we will take legal action against you.

We are not attempting to censor, nor are we attempting to curtail the business of our customers. But as a whole, spamming hurts our members and us more than it helps the one spammer. Do yourself, and us, a favor: PLEASE DON’T DO IT.

Neteron ("Neteron") maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the Finnish law.

It is your obligation to ensure that e-mail sent by you, or on your behalf, does not violate the law. We assume SPAM complaints are valid unless we are provided with credible information to the contrary.

You may not use any of our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network or services may not:

• Use or contain invalid or forged headers
• Use or contain invalid or non-existent domain names
• Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path
• Use other means of deceptive addressing
• Use a third party's Internet domain name, or be relayed from or through a third party's equipment, without permission of the third party
• Contain false or misleading information in the subject line or otherwise contain false or misleading content
• Fail to comply with additional technical standards described below
• Otherwise violate Neteron's User Agreement, AUP and other Terms of Service

Neteron does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through its network. Neteron does not permit or authorize others to use its network or services to collect, compile or obtain any information about its Users or subscribers, including but not limited to subscriber e-mail addresses, which are Neteron's confidential and proprietary information. Use of our network or services is also subject to our User Agreement, AUP and other Terms of Service.

Neteron does not permit or authorize any attempt to use its network or services in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party's use and enjoyment of any Neteron product or service.

We monitor for SPAM all traffic to and from our servers. Customers suspected of using Neteron's products and services for the purpose of sending SPAM will be investigated. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. It is Neteron's policy to immediately suspend, terminate and/or cancel any offending Web site or account sending SPAM.

Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. Neteron may consider the lack of such proof of explicit affirmative permission of a questionable mailing.

Users are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation.

Users are prohibited from providing services for Web sites that have been included in SPAM, including, but not limited to hosting Web site(s), or providing DNS services or Web site redirect services.

It is a violation of this Policy to commission a third party to send e-mail that is in violation of this policy or of applicable law, even if that third-party does not use Neteron systems, networks or resources. E-mail not in compliance with this policy - regardless of source - which contains any reference to a Web site hosted by us or contains any reference or link to a network or system of Neteron is prohibited.

If Neteron believes that unauthorized or improper use is being made of our network, or any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Neteron may immediately suspend, terminate and/or cancel any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

Neteron reserves the right to suspend, terminate and/or cancel permanently any and all services provided to a User without any notification. In addition to any and all other rights hereunder or otherwise, if a Customer is in violation of any term or condition of this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of our services to disrupt or, in Neteron's sole judgment, which could disrupt Neteron's business operations, Neteron reserves the right to charge such Customer an administrative fee equal to €100.00 per each piece of SPAM sent.

To report an incidence of SPAM, please send an e-mail to info (at) neteron.com.

Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, our network or services. Failure to enforce this policy in every instance does not amount to a waiver of Neteron's rights.

Neteron maintains computer equipment in several states, and unauthorized use of our network will lead to use of equipment in such states. Unauthorized use of our network in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by the Finnish law and any other EU member law.

Privacy Policy

Neteron respects your privacy! Any information collected by us will be securely stored and kept strictly confidential. The information you supply us will not, under any circumstance, be sold, reused, rented, loaned, distributed, or otherwise disclosed to any third party. Any information you supply Neteron will be held with the utmost care, and will not be used in ways that you have not consented to. A more detailed explanation of how we safeguard your personal information is described below. If you have any questions, please don’t hesitate to let us know.

Resale or disclosure of information to third parties

Neteron does not sell, rent, loan, trade, or lease any personal information collected at our site, this includes member details, e-mail addresses, and other personal information.

Browser information collected on the website

Neteron analyzes our website logs to constantly improve the value of the materials available on website. Our website logs are not personally identifiable, and we make no attempt to link them with the individuals that actually browse the site.

Privacy of our e-mail lists

Neteron maintains several e-mail lists to keep Neteron members informed about breaking events. We do not sell, rent, loan, trade, or lease the addresses on our list to anyone. In addition, our list server configuration software to refuse to divulge the e-mail addresses of our list subscribers to anyone but authorized Neteron staff, including other list subscribers.

Disclosure of personal information to Law Enforcements

Neteron is a Finnish Web Hosting company, therefor governing law for our company is the Finnish law. We are obligated and we will disclose personal information if we receive proper law enforcement request.

We respect your privacy and want to make your experience visiting our website located at www.neteron.com and using our services as enjoyable and rewarding as possible. This Privacy Policy describes what personal information of our subscribers ("Subscribers") and visitors ("Visitors") (collectively, "Users") is collected and how and when it might be used or shared by Neteron with its parent company, The Endurance International Group, Inc. ("Endurance," and collectively with Neteron, the "Company") or trusted partners to deliver or enhance our services.

WHO WE ARE. Neteron provides cloud-based solutions, including web-hosting, domain name and related products and services, to businesses, individuals, non-profit organizations and others. As part of the Endurance corporate family, Neteron is able to provide a variety and range of products and services to help Users with their technological needs.

INFORMATION WE COLLECT. We collect information in different ways from Users who may access our services, or the network of websites accessible through our services.

Registration and Account Information. Subscribers are asked to provide certain personal information when they sign up for our services including name, postal address, email address, phone number, and billing information (such as a credit card number). Subscribers may also be asked to complete an online form that collects information about demographics, product usage and preferences, along with other information that will help us improve our products and services.

Social Media. Our website includes social media features (such as the Facebook "Like" button). These features may collect your IP address and which page you are visiting on our website, and may set a cookie to enable the feature to function properly. Social media features and widgets may be hosted by a third party or directly on our website. Your interactions with these features are governed by the privacy policy of the company providing the feature.

Cookies and Tracking. A "cookie" is a small data file that can be placed on your hard drive when you visit certain websites or open certain emails. We may use cookies to collect, store, and sometimes track information for statistical purposes to improve the products and services we provide and to manage our telecommunications networks. More specifically, we use different types of cookies for different purposes: (i) "required cookies" are necessary for our website to work properly, (ii) "performance cookies" allow us to analyze how Visitors use our website so we can measure and improve the performance of our website, (iii) "functional cookies" allow us to remember choices you may have made on our website, and (iv) "advertising cookies" are used to present ads that are relevant to your interests. We may utilize cookies to track referrals from internal and external affiliates, as well as advertising campaigns. We may also use a third party service provider to send emails that you have agreed to receive. Pixel tags and cookies may be used in those email messages to help us measure the effectiveness of our advertising and to enable us to provide more focused marketing communications to you. You may set your web browser to notify you when you receive a cookie or change the settings on your web browser to clear or disable cookies. If you decide not to accept cookies, you may not be able to take advantage of all of the features of our website. Additionally, please be aware that if you visit third party websites where you are prompted to log in or that are customizable, you may be required to accept cookies. Cookies do not enable third parties to access any of your personal (i.e., contact) information. However, advertisers and partners may also use their own cookies. We do not control use of these cookies and are not responsible for information collected through them.

Customer Surveys. We may periodically conduct customer surveys. Participation in our customer surveys is voluntary. However, we encourage our Users to participate in these surveys because your survey answers provide us with important information that helps us improve the types of services we offer and how we provide them to you. Your personal information, if provided, will remain confidential, even if the survey is conducted by a third party service provider on our behalf.

Collection by Linked Websites. We provide links to some third party websites as a convenience to the User. Please exercise care when visiting linked websites. The linked websites have separate and independent privacy statements, notices and terms of use which we recommend you read carefully. When you visit or make purchases through these third party sites, you may be asked to provide personal information, such as your name, address, email address, phone number, and credit/debit card information. Please note that in such cases, you are providing information to a third party and we have no control over such third party's use of any information you provide and, therefore, we have no responsibility or liability for the manner in which the third party that operates a linked website may collect, use, disclose, secure or otherwise treat your personal information. Except as provided herein, we will not provide any of your personal information to any third parties without your consent.

USE OF INFORMATION. We use the information we collect to provide cloud-based product solutions and services along with collecting payment. Passively collected information, such as information collected from or about your device including through the placement or reading of cookies or other tracking technologies is used to provide a customized experience as you use our services.

Subscriber Contact/Account Information. The information collected from Subscribers is used to manage each Subscriber's account (such as for billing and account management purposes) and to promote other products or services that we believe may be of interest to the Subscriber. We may also generate aggregate profiles from information that Subscribers provide during registration (such as the total number of Subscribers in a given category). As explained in more detail below, we may in certain instances use aggregated and non-identifying information to promote advertisements that appear on our website and in connection with our services.

Analytics/Statistics. We use information gathered from our website analytics (for example, User IP addresses) to help diagnose problems with our servers, and to administer and optimize our website. We also gather broad demographic information from this data to help us improve our website and make your browsing and purchasing experience more responsive, efficient, or enjoyable. Any statistics gathered by us are proprietary property of the Company.

Responses to Email Inquiries. When Subscribers send email inquiries to us, the return email address (and other personal information provided in the inquiry) is used to answer the email inquiry we receive.

Customer Surveys. We may use the contact and other information provided to follow up with Users who respond to our customer surveys to help resolve issues internally or with our third party partners. For example, we may contact Users based on their survey answers or to highlight certain changes we made in response to User feedback.

SHARING OF PERSONAL INFORMATION OR NON-IDENTIFYING AGGREGATED DATA. From time to time, we may share personal information with the Company's other fully or partially-owned entities and brands to improve or offer new products or services that we believe may be of interest to our Users. We may also share personal information when we believe that such disclosure is required by law, to deliver a product or service, or as described below.

• Product and Service Partners. Some products or services are offered or promoted to Users in conjunction with a partner or sponsor. For example, we may partner with other corporate affiliates of the Company or with trusted non-affiliated partners for co-promotions of a particular product or service. We may share certain User information such as contact or demographic information, but no billing information, with such partners or sponsors in order to provide the relevant services or to run the promotion. If we share User information with such partners and sponsors, we require that they maintain the User information in confidence, and use the information solely for purposes of providing the services or carrying out the agreed upon promotion.
• Service Providers. We may transfer (or otherwise make available) your personal information to third parties that help us provide our services or provide services on our behalf. For example, we may use service providers to authorize and process payments, administer surveys, or run promotions. Your personal information may be maintained and processed by our third party service providers in the United States or in other jurisdictions. Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own marketing or other purposes.
• Online Advertisements. We do not share personally identifiable information about individual Users with advertisers. We may display online advertisements and we may share aggregated and non-identifying information about our Users that we collect through the registration process or through online surveys and promotions with certain advertisers. In some instances, we use this aggregated and non-identifying information to deliver tailored advertisements. For example, an advertiser may tell us the audience they want to reach (e.g., males between 25 and 55 years of age) and provide us with an advertisement tailored to the audience. Based upon the aggregated and non-identifying information we have collected, we may then display the advertisement to the intended audience.
• Customer Surveys. We may share User information obtained from customer surveys within the Company and with trusted third parties to develop or provide products and services that we believe would be of interest to the User.
• Sale of Business. If the Company is involved in a merger, acquisition, or sale of all or a material portion of its assets, change in corporate control, or insolvency or bankruptcy proceedings, you will be notified via email and/or a prominent notice on our website of any such change in ownership or use of your personal information as well as any choices you may have regarding your personal information.
• Law Enforcement and Special Cases. We, or our service providers, may disclose personal information about Users, or information regarding your use of the services in response to governmental or legal requests (such as to a subpoena, search warrant, or court order), or as otherwise required to comply with applicable laws. We may also disclose information that is necessary to identify, contact, or bring legal action against a party that threatens us, our systems or our Users (for example, to prevent a Distributed Denial of Service, or DDoS, attack).
• Domain Registration. In certain jurisdictions or pursuant to the rules of the Internet Corporation for Assigned Names and Numbers ("ICANN") or certain registries, the contact information you provide to register a domain name ("Domain Name Registration Information") has to be made available and accessible to the public through a "WHOIS" search. The WHOIS database is a publicly accessible database that lists the Domain Name Registration Information for a particular domain name, the name server(s) to which the domain name points, and the domain name's creation and expiration date. The Domain Name Registration Information you provide is hosted by us or a third party service provider and is made available to the public through WHOIS searches. At times, Subscribers may receive solicitations that result from searches of the publicly available WHOIS database by other companies or individuals. Any such solicitations or SPAM do not come from us and we do not control the use of WHOIS information by third parties. We may also deposit your Domain Name Registration Information with a third-party escrow provider to comply with ICANN requirements.

How to Access or Modify Your Information. We allow you to access, update, and correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law. You may request access, updating and corrections of inaccuracies in your personal information we have in our custody or control by accessing your personal profile in your account or by contacting support via email, phone or online chat. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information records.

To ensure you receive the information you need to manage your account and protect your privacy, please be sure to keep your contact and billing information up to date. You can update all account-related information directly through your Control Panel. Alternatively, you can contact Neteron support by phone +(358) 442012914 or through our online support form.

OUR COMMITMENT TO DATA SECURITY. We have implemented measures designed to protect personal information in our custody and control. We maintain reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, modification and disclosure of personal information in our custody and control. Unfortunately, no data storage or transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information in transit and as stored on our systems or the systems of our third party service providers, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this website cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party, despite our best efforts. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).

Password. Your online access to certain personal information may be protected with a password you select. We strongly recommend that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication (such as letters, phone calls or email messages).

REVISIONS TO THIS POLICY. We reserve the right to revise, amend, or modify this Privacy Policy at any time and in any manner. However, if we plan to materially change how we plan to use previously collected personal information, we will provide you with advance notice prior to the change becoming effective and an opportunity to opt-out of such differing uses. We encourage you to periodically review this page for the latest information on our privacy practices. You can find when this Privacy Policy was last updated at the bottom of this page.

CHILDREN UNDER 16. This website is not directed towards children and we do not seek to collect any personal information from children. If we become aware that personal information from a child under the age of 16 has been collected, we will use all reasonable efforts to delete such information from our database.

CONTACT US REGARDING THIS POLICY. If you have any questions about this Privacy Policy or the practices described herein, you may contact: Neteron, Ritvalankatu 12. 13220 Hämeenlinna Finland. legal@neteron.com.

APPLICABLE TO ALL RESELLER RELATIONSHIPS. In addition to all of the terms and conditions set forth above, the following terms apply to Reseller relationships only.

• Information Related to Data Collected through Resellers. We may collect information under the direction of Resellers, and we have no direct relationship with the individuals whose personal data is provided, processed or obtained by our Resellers. Customers who seek access, or who seek to correct, amend, or delete inaccurate data should direct their query to the Reseller's data controller. If the Reseller requests that we remove the data, we will respond to such request within thirty (30) business days.
• Choice. If you are a customer of one of our Resellers and would no longer like to be contacted by such Reseller, please contact the Reseller from whom you purchased products or services.
• Data Retention. We retain personal data we process on behalf of our Resellers for as long as needed to provide services under the relationship. We will retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Data General Protection Regulation GDPR

Effective May 25, 2018

What this policy covers:

Your privacy is important to us, and so is being transparent about how we collect, use, and share information about you. This policy is intended to help you understand:

• What information we collect about you
• How we use information we collect
• How we share information we collect
• How we store and secure information we collect
• How to access and control your information
• How we transfer information we collect internationally
• Other important privacy information

This Privacy Policy covers the information we collect about you when you use our products or otherwise interact with us (for example, via our support channels), unless a different policy is displayed. Neteron, we and us refers to Neteron. We offer a range of products. We refer to all of these products, together with our other services and websites as "Services" in this policy.

This policy also explains your choices about how we use information about you. Your choices include how you can object to certain uses of information about you and how you can access and update certain information about you. If you do not agree with this policy, do not access or use our Services or interact with any other aspect of our business.

Where we provide the Services under contract with an organization (for example your employer) that organization controls the information processed by the Services.

What information we collect about you

We collect information about you when you provide it to us, when you use our Services, and when other sources provide it to us, as further described below.

Information you provide to us

We collect information about you when you input it into the Services or otherwise provide it directly to us.

Account and Profile Information: We collect information about you when you register for an account, create or modify your profile, set preferences, sign-up for or make purchases through the Services. For example, you provide your contact information and, in some cases, billing information when you register for the Services. You also have the option of adding a display name, profile photo, and other details to your profile information to be displayed in our Services. We keep track of your preferences when you select settings within the Services.

Content you provide through our products: The Services include the Neteron products you use, where we collect and store content that you post, send, receive and share. This content includes any information about you that you may choose to include: we collect feedback you provide directly to us through the product and we collect clickstream data about how you interact with and use features in the Services.

Content you provide through our websites: The Services also include our websites owned or operated by us. We collect other content that you submit to these websites, which include social media or social networking websites operated by us. For example, you provide content to us when you provide feedback or when you participate in any interactive features, surveys, contests, promotions, activities or events.

Information you provide through our support channels: The Services also include our customer support, where you may choose to submit information regarding a problem you are experiencing with a Service. Whether you designate yourself as an admin or billing contact, open a support ticket, speak to one of our representatives directly or otherwise engage with our support team, you will be asked to provide contact information, a summary of the problem you are experiencing, and any other documentation, screenshots or information that would be helpful in resolving the issue.

Payment Information: We collect certain payment and billing information when you register for certain paid Services. For example, we ask you to designate a billing representative, including name and contact information, upon registration. You might also provide payment information, such as payment card details, which we collect via secure payment processing services.

Information we collect automatically when you use the Services

We collect information about you when you use our Services, including browsing our websites and taking certain actions within the Services.

Your use of the Services: We keep track of certain information about you when you visit and interact with any of our Services. This information includes the features you use; the links you click on and how you interact with others on the Services. We also collect information about the teams and people you work with and how you work with them, like who you collaborate with and communicate with most frequently.

Device and Connection Information: We collect information about the computer you use to access the Services. This device information includes your connection type and settings when you install, access, update, or use our Services. We also collect information through your device about your operating system, browser type, IP address, URLs of referring/exit pages, device identifiers, and crash data. We use your IP address and/or country preference in order to approximate your location to provide you with a better Service experience. How much of this information we collect depends on the type and settings of the device you use to access the Services.

Cookies and Other Tracking Technologies: Neteron and our third-party partners, such as our advertising and analytics partners, use cookies and other tracking technologies (e.g., web beacons, device identifiers and pixels) to provide functionality and to recognize you across different Services and devices.

Information we receive from other sources

We receive information about you from other Service users, from third-party services.

Other users of the Services: Other users of our Services may provide information about you when they submit content through the Services. For example, you may be mentioned in a support ticket opened by someone else. We also receive your email address from other Service users when they provide it in order to invite you to the Services. Similarly, an administrator may provide your contact information when they designate you as the billing or admin on your company's account.

Other services you link to your account: We receive information about you when you or your administrator integrate or link a third-party service with our Services. For example, if you create an account or log into the Services using your Google credentials, we receive your name and email address as permitted by your Google profile settings in order to authenticate you. You or your administrator may also integrate our Services with other services you use. The information we receive when you link or integrate our Services with a third-party service depends on the settings, permissions and privacy policy controlled by that third-party service. You should always check the privacy settings and notices in these third-party services to understand what data may be disclosed to us or shared with our Services.

Neteron Partners: We work with a variety of Resellers who provide purchasing and other services around our products. We receive information from these resellers, such as billing information, billing and admin contact information, company name, what Neteron products you have purchased or may be interested in.

How we use information we collect

Below are the specific purposes for which we use the information we collect about you.

To provide the Services and personalize your experience: We use information about you to provide the Services to you, including to process transactions with you, authenticate you when you log in, provide customer support, and operate and maintain the Services. For example, we use the name and picture you provide in your account to identify you to other Service users. Our Services also include tailored features that personalize your experience, enhance your productivity, and improve your ability to collaborate effectively with others by automatically analyzing the activities of your team to provide activity feeds and notifications that are relevant for you and your team. We may use your email domain to infer your affiliation with a particular organization or industry to personalize the content and experience you receive on our websites. Where you use multiple Services, we combine information about you and your activities to provide an integrated experience, such as to allow you to find information from one Service while searching from another or to present relevant product information as you travel across our websites.

For research and development: We are always looking for ways to make our Services smarter, faster, secure, integrated, and useful to you. We use collective learnings about how people use our Services and feedback provided directly to us to troubleshoot and to identify trends, usage, activity patterns and areas for integration and improvement of the Services. We also test and analyze certain new features with some users before rolling the feature out to all users.

To communicate with you about the Services: We use your contact information to send transactional communications via email and within the Services, including confirming your purchases, reminding you of subscription expirations, responding to your comments, questions and requests, providing customer support, and sending you technical notices, updates, security alerts, and administrative messages. We also send you communications as you onboard to a particular Service to help you become more proficient in using that Service. These communications are part of the Services and in most cases you cannot opt out of them. If an opt out is available, you will find that option within the communication itself or in your account settings.

To market, promote and drive engagement with the Services: We use your contact information and information about how you use the Services to send promotional communications that may be of specific interest to you, including by email and by displaying Neteron ads on other companies' websites and applications, as well as on platforms like Facebook and Google. These communications are aimed at driving engagement and maximizing what you get out of the Services, including information about new features, survey requests, newsletters, and events we think may be of interest to you. We also communicate with you about new product offers, promotions and contests. You can control whether you receive these communications as described below under "Opt-out of communications."

For Customer support: We use your information to resolve technical issues you encounter, to respond to your requests for assistance, to analyze crash information, and to repair and improve the Services.

For safety and security: We use information about you and your Service use to verify accounts and activity, to monitor suspicious or fraudulent activity and to identify violations of Service policies.

To protect our legitimate business interests and legal rights: Where required by law or where we believe it is necessary to protect our legal rights, interests and the interests of others, we use information about you in connection with legal claims, compliance, regulatory, and audit functions, and disclosures in connection with the acquisition, merger or sale of a business.

With your consent: We use information about you where you have given us consent to do so for a specific purpose not listed above. For example, we may publish testimonials or featured customer stories to promote the Services, with your permission.

Legal bases for processing (for EEA users):

If you are an individual in the European Economic Area (EEA), we collect and process information about you only where we have legal bases for doing so under applicable EU laws. The legal bases depend on the Services you use and how you use them. This means we collect and use your information only where:

• We need it to provide you the Services, including to operate the Services, provide customer support and personalized features and to protect the safety and security of the Services;
• It satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote the Services and to protect our legal rights and interests;
• You give us consent to do so for a specific purpose; or
• We need to process your data to comply with a legal obligation.

If you have consented to our use of information about you for a specific purpose, you have the right to change your mind at any time, but this will not affect any processing that has already taken place. Where we are using your information because we or a third party (e.g. your employer) have a legitimate interest to do so, you have the right to object to that use though, in some cases, this may mean no longer using the Services.

How we share information we collect

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Sharing with other Service users

When you use the Services, we share certain information about you with other Service users.

For collaboration: You can create content, which may contain information about you, and grant permission to others to see, share, edit, copy and download that content based on settings you or your administrator (if applicable) select.

Managed accounts and administrators: If you register or access the Services using an email address with a domain that is owned by your employer or organization, and such organization wishes to establish an account or site, certain information about you including your name, profile picture, contact info, content and past use of your account may become accessible to that organization’s administrator and other Service users sharing the same domain. If you are an administrator for a particular site or group of users within the Services, we may share your contact information with current or past Service users, for the purpose of facilitating Service-related requests.

Community Forums: Our websites offer publicly accessible blogs, forums, issue trackers, and wikis like Neteron Community. You should be aware that any information you provide on these websites - including profile information associated with the account you use to post the information - may be read, collected, and used by any member of the public who accesses these websites. Your posts and certain profile information may remain even after you delete your account. We urge you to consider the sensitivity of any information you input into these Services. To request removal of your information from publicly accessible websites operated by us, please contact us as provided below. In some cases, we may not be able to remove your information, in which case we will let you know if we are unable to and why.

Sharing with third parties

We share information with third parties that help us operate, provide, improve, integrate, customize, support and market our Services.

Service Providers: We work with third-party service providers to provide website and application development, hosting, maintenance, backup, storage, virtual infrastructure, payment processing, analysis and other services for us, which may require them to access or use information about you. If a service provider needs to access information about you to perform services on our behalf, they do so under close instruction from us, including policies and procedures designed to protect your information.

Third Party Apps: You, your administrator or other Service users may choose to add new functionality or change the behavior of the Services by enabling integrations with third party apps within the Services. Doing so may give third-party apps access to your account and information about you like your name and email address, and any content you choose to use in connection with those apps.

Third-party app policies and procedures are not controlled by us, and this privacy policy does not cover how third-party apps use your information. We encourage you to review the privacy policies of third parties before connecting to or using their applications or services to learn more about their privacy and information handling practices. If you object to information about you being shared with these third parties, please uninstall the app.

Links to Third Party Sites: The Services may include links that direct you to other websites or services whose privacy practices may differ from ours. If you submit information to any of those third party sites, your information is governed by their privacy policies, not this one. We encourage you to carefully read the privacy policy of any website you visit.

Third-Party Widgets: Some of our Services contain widgets and social media features, such as the Twitter "tweet" button. These widgets and features collect your IP address, which page you are visiting on the Services, and may set a cookie to enable the feature to function properly. Widgets and social media features are either hosted by a third party or hosted directly on our Services. Your interactions with these features are governed by the privacy policy of the company providing it.

Compliance with Enforcement Requests and Applicable Laws; Enforcement of Our Rights: In exceptional circumstances, we may share information about you with a third party if we believe that sharing is reasonably necessary to (a) comply with any applicable law, regulation, legal process or governmental request, including to meet national security requirements, (b) enforce our agreements, policies and terms of service, (c) protect the security or integrity of our products and services, (d) protect Neteron, our customers or the public from harm or illegal activities, or (e) respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person.

How we store and secure information we collect

Information storage and security

We use data hosting service providers in the EU and host the information we collect, and we use technical measures to secure your data.

While we implement safeguards designed to protect your information, no security system is impenetrable and due to the inherent nature of the Internet, we cannot guarantee that data, during transmission through the Internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others.

How long we keep information

How long we keep information we collect about you depends on the type of information, as described in further detail below. After such time, we will either delete or anonymize your information.

Account information: We retain your account information for as long as your account is active and up to six months thereafter in case you decide to re-activate the Services. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services.

Information you share on the Services: If your account is deleted, some of your information and the content you have provided will remain in order to allow your team members or other users to make full use of the Services.

Managed accounts: If the Services are made available to you through an organization (e.g., your employer), we retain your information as long as required by the administrator of your account.

Marketing information: If you have elected to receive marketing emails from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our Services, such as when you last opened an email from us or ceased using your Neteron account. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.

How to access and control your information

You have certain choices available to you when it comes to your information. Below is a summary of those choices, how to exercise them and any limitations.

Your Choices:

You have the right to request a copy of your information, to object to our use of your information (including for marketing purposes), to request the deletion or restriction of your information, or to request your information in a structured, electronic format. Below, we describe the tools and processes for making these requests. You may contact us as provided in the Contact Us section below to request assistance.

Your request and choices may be limited in certain cases: for example, if fulfilling your request would reveal information about another person, or if you ask to delete information which we or your administrator are permitted by law or have compelling legitimate interests to keep. Where you have asked us to share data with third parties, for example, by installing third-party apps, you will need to contact those third-party service providers directly to have your information deleted or otherwise restricted. If you have unresolved concerns, you may have the right to complain to a data protection authority in the country where you live, where you work or where you feel your rights were infringed.

Access and update your information: Our Services and related documentation give you the ability to access and update certain information about you from within the Service. You can update your profile information within your profile settings.

Delete your account: If you no longer wish to use our Services, you or your administrator may be able to delete your Services account. If you can delete your own account, that setting is available to you in your account settings. Otherwise, please contact your administrator. You may also contact Neteron support (legal@neteron.com) to request your account be deleted.

Delete your information: Our Services give you the ability to delete certain information about you from within the Service. For example, you can remove certain profile information within your profile settings. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.

Request that we stop using your information: In some cases, you may ask us to stop accessing, storing, using and otherwise processing your information where you believe we don't have the appropriate rights to do so. For example, if you believe a Services account was created for you without your permission or you are no longer an active user, you can request that we delete your account as provided in this policy. Where you gave us consent to use your information for a limited purpose, you can contact us to withdraw that consent, but this will not affect any processing that has already taken place at the time. You can also opt-out of our use of your information for marketing purposes by contacting us, as provided below. When you make such requests, we may need time to investigate and facilitate your request. If there is delay or dispute as to whether we have the right to continue using your information, we will restrict any further use of your information until the request is honored or the dispute is resolved, provided your administrator does not object (where applicable). If you object to information about you being shared with a third-party integration, please disable the integration or contact your administrator to do so.

Opt out of communications: You may opt out of receiving promotional communications from us by using the unsubscribe link within each email, or by contacting us as provided below to have your contact information removed from our promotional email list or registration database. Even after you opt out from receiving promotional messages from us, you will continue to receive transactional messages from us regarding our Services.

Data portability: Data portability is the ability to obtain some of your information in a format you can move from one service provider to another (for instance, when you transfer your mobile phone number to another carrier). Depending on the context, this applies to some of your information, but not to all of your information. Should you request it, we will provide you with an electronic file of your basic account information and the information you create on the spaces you under your sole control, like your personal Neteron account.

How we transfer information we collect internationally

International transfers of information we collect

We collect information globally and primarily store that information in the EU. We transfer, process and store your information outside of your country of residence, to wherever we or our third-party service providers operate for the purpose of providing you the Services. Whenever we transfer your information, we take steps to protect it.

International transfers within Neteron Companies: To facilitate our global operations, we transfer information to the EU and allow access to that information from countries in which Neteron has operations for the purposes described in this policy. These countries may not have equivalent privacy and data protection laws to the laws of many of the countries where our customers and users are based.

International transfers to third parties: Some of the third parties described in this privacy policy, which provide services to us under contract, are based in other countries that may not have equivalent privacy and data protection laws to the country in which you reside.

Other important privacy information

Notice to End Users

Some of our products are intended for use by organizations. Where the Services are made available to you through an organization (e.g. your employer), that organization is the administrator of the Services and is responsible for the accounts and/or Service sites over which it has control. If this is the case, please direct your data privacy questions to your administrator, as your use of the Services is subject to that organization's policies. We are not responsible for the privacy or security practices of an administrator's organization, which may be different than this policy.

Administrators are able to:

• terminate your access to the Services;
• install or uninstall third-party integrations

Even if the Services are not currently administered to you by an organization, if you use an email address provided by an organization (such as your work email address) to access the Services, then the owner of the domain associated with your email address (e.g. your employer) may assert administrative control over your account and use of the Services at a later date. You will be notified if this happens.

If you do not want an administrator to be able to assert control over your account or use of the Services, use your personal email address to register for or access the Services. If an administrator has not already asserted control over your account or access to the Services, you can update the email address associated with your account through your account settings in your profile. Once an administrator asserts control over your account or use of the Services, you will no longer be able to change the email address associated with your account without administrator approval.

Please contact your organization or refer to your administrator’s organizational policies for more information.

Our policy towards children

We are in compliance with the requirements of EU’s General Data Protection Regulation (“GDPR”) and the Childrens Online Privacy Protection Act Compliance (“COPPA”).Our website, products and services are all directed to people who are at least 16 years old or older.

Changes to our Privacy Policy

We may change this privacy policy from time to time. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice by adding a notice on the Services homepages, login screens, or by sending you an email notification. We will also keep prior versions of this Privacy Policy in an archive for your review. We encourage you to review our privacy policy whenever you use the Services to stay informed about our information practices and the ways you can help protect your privacy.

If you disagree with any changes to this privacy policy, you will need to stop using the Services and delete your account(s), as outlined above.

Web Site Development Agreement

This WEB SITE DEVELOPMENT AGREEMENT ("Agreement") is an agreement between Neteron ("Company") and the party set forth in the related order form ("Customer" or "you") incorporated herein by this reference (together with any subsequent order forms submitted by Customer, the "Order") and applies to the purchase of all services ordered by Customer on the Order (collectively, the "Services"). The parties understand, acknowledge and agree that this is an online agreement which is being entered into in conjunction with the Order.

PLEASE READ THIS AGREEMENT CAREFULLY

BY SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN CUSTOMER AND COMPANY, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS AGREEMENT AND YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING COMPANY'S USAGE POLICIES. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. YOUR AGREEMENT TO THE TERMS HEREOF ALSO CONSTITUTES YOUR AGREEMENT TO THE USER AGREEMENT AND OTHER "TERMS OF SERVICE" LOCATED AT: www.neteron.com/legal/

TERM AND TERMINATION

1. Term of Agreement. This Agreement shall be effective as of the date set forth on the Order and shall remain in force until seven (7) days after the last Coordination Step as set forth in the applicable Order, which shall take place not later than one hundred twenty days (120) after the Order ("Delivery Date"). Company cannot guarantee the Delivery Date but will use commercially reasonable efforts to perform the Services in an efficient and timely manner.
2. Termination. This Agreement may be terminated by either party upon written notice to the other, if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice. This Agreement may be terminated by Company (i) immediately if Customer fails to pay any fees hereunder; or (ii) if Customer fails to cooperate with Company or hinders Company's ability to perform the Services hereunder.

COMPANY'S AND CUSTOMER'S RESPONSIBILITIES

1. Scope of Work. Customer hereby retains the services of Company to design the Web Site for Customer in accordance with the Order.
2. Changes. Changes to this Agreement, the Order or to any of the specifications of the Web Site shall become effective only when a written change request is executed by the Customer and Company ("Change Order"). Company agrees to notify Customer promptly of any factor, occurrence, or event coming to its attention that may affect Company's ability to meet the requirements of this Agreement, or that is likely to occasion any material delay in the Services. In the event of a conflict between the terms of this Agreement and a Change Order, the terms of this Agreement shall govern.
3. Customer's Responsibilities. Customer agrees to perform all tasks assigned to Customer as set forth in this Agreement or a Change Order, and to provide all assistance and cooperation to Company in order to complete timely and efficiently the Web Site. Company shall not be deemed in breach of this Agreement, the Services, a Change Order, or any milestone in the event Company's failure to meet its responsibilities and time schedules is caused by Customer's failure to meet (or delay in) its responsibilities and time schedules set forth herein, a Change Order, or this Agreement. In the event of any such failure or delay by Customer (i) all of Company's time frames, milestones, and/or deadlines shall be extended as necessary; and (ii) Customer shall continue to make timely payments to Company as set forth in this Agreement and any Change Order(s) as if all time frames, schedules, or deadlines had been completed by Company. Customer shall be responsible for making, at its own expense, any changes or additions to Customer's current systems, software, and hardware that may be required to support operation of the Web Site. Unless otherwise contracted with Company or reflected in a Change Order, Customer shall be responsible for initially populating and then maintaining any databases on the Web Site as well as providing all content for the Web Site. With the execution of a Change Order specifically asking Company to assesses the Customer's systems, software and hardware from time to time, Company may agree to perform this function at normal Company rates.

WEB SITE DESIGN

1. Design. The design of the Web Site shall be in substantial conformity with the material provided to Company by Customer. Web Site consultation will be provided according to the number of coordination steps outlined for the plan purchased in the Order. Customer will provide direction to Company by accessing the Company's Customer Relationship Management system ("CRM") and delivering content for Web site construction within. Web Site text will be supplied by the Customer unless copywriting services have been purchased. Development of web pages will take place on the Customer's established web hosting service with Company. All server technical issues are to be handled by Company unless otherwise noted amongst all parties. Minor updates and changes include any minor modifications and modifications to work out backend database issues and functionality. This does not include adding features beyond the scope of the Order. Company shall not include, as determined in its sole discretion, any of the following in the Web Site or in Customer's directory on Company's Web Server: text, graphics, sound, or animations that might be viewed as obscene or any illegal activities; links to other we sites that might be viewed as obscene or related in any way to any illegal activities; impressionistic or cartoon-like graphics (unless provided by Customer); invisible text, metatags (i.e., text that is present only when a "Webcrawler" or other Web indexing tool accesses the Web Site), or any other type of hidden text, hidden information, hidden graphics, or other hidden materials; or destructive elements or destructive programming of any type.
2. Coordination Steps. Customer understands that submissions for Web Site development are limited to the number of coordination steps as provided in the Order. Customer is encouraged to provide as much instruction and direction as possible with each submission.
3. Accessibility of Web Site During Construction. Throughout the construction of the prototype and the final Web Site, the Web Site shall be accessible to Customer through the CRM. Until Customer has approved the final Web Site, none of the Web Pages for Customer's Web Site will be accessible to end users.
4. Completion Date. Company and the Customer shall work together to complete the Web Site in a commercially reasonable manner. Customer must supply Company complete text and graphics content all web pages contracted for within two (2) weeks of the date of the Order unless otherwise noted. If Customer has not submitted complete text and graphics content within three (3) weeks after the Order, an additional continuation fee of ten percent (10%) of the total Order price will also be assessed each month until the Web Site is published.
5. Copyright to Web Site. Customer acknowledges, understands and agrees that Company may use its own and/or may purchase third party licenses for products or services that are necessary for Company to design and develop the Web Site. Such products may include, but are not limited to server-side applications, clip art, "back-end" applications, music, stock images, or any other copyrighted work ("Outside Content") which Company deems necessary to purchase on behalf of Customer to design and develop the Web Site. Customer further acknowledges and understands that any Outside Content used to design and develop the Web Site is owned by Company and/or such third parties and cannot be transferred to Customer and is hereby specifically not transferred to Customer and shall remain the property of Company and/or such third parties. Outside Content which is owned and/or purchased by Company may be used in the design and/or development of other web sites separate from Customer. Customer and Company agree that upon payment in full of the fees associated with the design and development of the Web Site, Customer shall own a worldwide right, title, and interest in and to the Web Site (including, its source code and documentation) (the "Custom Programming"). Customer and Company agree that Company shall retain a worldwide, royalty-free, non-exclusive, transferable, and perpetual right and license to the Custom Programming including, but not limited to, the right to modify, amend, create derivative works, rent, sell, assign, lease, sublicense, or otherwise alter or transfer the Custom Programming. Customer and Company also agree that the design and development of the Web Site may include source code, documentation, and/or application programs that were previously written or developed by Company and modified to meet Customer's specific requirements (the "Code Content"). Company shall own all worldwide right, title, and interest in and to the Code Content, but shall provide Customer (upon payment in full of the fees associated with the design and development of the Web Site) a worldwide, royalty-free, non-exclusive, transferable and perpetual right and license to use the Code Content. Company and its subcontractors retain the right to display graphics and other web design elements of the Web Site as examples of their work in their respective portfolios.

MAINTENANCE

This Agreement does not provide Web Site maintenance unless a Web Site maintenance plan is purchased. If the Customer or an agent other than Company attempts updating Customer's pages, time to repair web pages will be assessed at an hourly rate. Changes requested by the Customer beyond those limits will be billed at the hourly rates set forth in the Order. This rate shall also govern additional work authorized beyond the maximums specified in the Order for such services as webpage design, editing, modifying product pages and databases in an online store, and art, photo, graphics, or any other services.

FEES

1. Development Fee. The total price for all of the work set forth in the Agreement (excluding post-approval modifications not implemented by Customer) shall be set forth in the Order (the "Development Fee"). This price covers all work for the Order (excluding post-approval modifications not implemented by Customer). Unless otherwise stated in the Order, the Development Fee to Company is due and payable upon placing the Order and Company shall have no obligation to perform any work until payment is received and such funds are cleared from the relevant financial institution. Company's services are "AS-IS, WHERE-IS, WITH ALL FAULTS" and refunds may not be provided for Company's services hereunder.
2. Project abandonment. If after repeated attempts to begin, continue, or finalize the delivery of services, Customer fails to participate, or becomes otherwise unresponsive to Company requests for a period of three (3) months, the project may be considered abandoned, and Company may reduce any refund the Customer may otherwise be entitled to hereunder to zero, and Customer will have forfeited all rights to receive any refund for services purchased online or as described in the original Order Form.

INDEMNIFICATION

1. Company Indemnity. In performing services under this Agreement, Company agrees not to design, develop, or provide to Customer any items that infringe one or more patents, copyrights, trademarks or other intellectual property rights (including trade secrets), privacy, or other rights of any person or entity. If Company becomes aware of any such possible infringement in the course of performing any work hereunder, Company shall immediately so notify Customer in writing. Company agrees to indemnify, defend, and hold Customer, its officers, directors, members, employees, representatives, agents, and the like harmless for any such alleged or actual infringement and for any liability, debt, or other obligation arising out of or as a result of or relating to (a) the Agreement, (b) the performance of the Agreement, or (c) the Deliverables, other than Customer's responsibilities and Customer Content. This indemnification shall include attorney's fees and expenses, unless Company defends against the allegations using counsel reasonably acceptable to Customer. Company's total liability under this Agreement shall not exceed the amount of the Development Fee derived by Company under this Agreement.
2. Customer Indemnity. Customer shall indemnify and hold harmless Company (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) incurred by Company as a result of any claim, judgment, or adjudication against Company related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Customer to Company (the "Customer Content"), or (b) a claim that Company's use of the Customer Content infringes the intellectual property rights of a third party. To qualify for such defense and payment, Company must: (i) give Customer prompt written notice of a claim; and (ii) allow Customer to control, and fully cooperate with Customer in, the defense and all related negotiations.

REPRESENTATIONS AND WARRANTIES

1. Company makes the following representations and warranties for the benefit of Customer:
2. No Conflict. Company represents and warrants that it is under no obligation or restriction that would in any way interfere or conflict with the work to be performed by Company under this Agreement and the Order. Customer understands that Company is currently working on one or more similar projects for other clients. Provided that those projects do not interfere or conflict with Company's obligations under this Agreement, those projects shall not constitute a violation of this provision of the Agreement.
3. Conformity, Performance, and Compliance. Company represents and warrants that (1) all Deliverables shall be prepared in a workmanlike manner and with professional diligence and skill; (2) all Deliverables will function under standard HTML conventions; (3) all Deliverables will conform to the specifications and functions set forth in this Agreement; and (4) Company will perform all work called for by this Agreement in compliance with applicable laws. Company will repair any Deliverable that does not meet this warranty within a reasonable period of time if the defect affects the usability of Customer's Web Site, and otherwise will repair the defect within 24 hours, said repairs to be free of charge to Customer. This warranty shall extend for the life of this Agreement. This warranty does not cover links that change over time, pages that become obsolete over time, content that becomes outdated over time, or other changes that do not result from any error on the part of Company.
4. Disclaimer of All Other Warranties. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ITS WEB PAGES OR THE WEB SITE WILL MEET THE CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF THE WEB PAGES WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEB PAGES AND WEB SITE IS WITH CUSTOMER. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, DEVELOPER PROVIDES ITS SERVICES "AS IS" AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, THE CONTENT, AND EACH PARTY'S COMPUTING AND DISTRIBUTION SYSTEM. IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.
5. Limitation of Liability. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, ARISING UNDER THIS AGREEMENT, LOSS OF DATA, OR ANY PERFORMANCE UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THE MAXIMUM REMEDY AVAILABLE TO EITHER PARTY IS ANY AMOUNT PAID BY CUSTOMER HEREUNDER. COMPANY MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.
6. Customer makes the following representations and warranties for the benefit of Company:
7. Customer represents to Company and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Company for inclusion in the Web Site are owned by Customer, or that Customer has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Company and its subcontractors from any claim or suit arising from the use of such elements furnished by Customer.
8. From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. Customer agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Company and its subcontractors from any claim, suit, penalty, tax, or tariff arising from Customer's exercise of Internet electronic commerce.
9. Confidentiality. The parties agree to hold each other's Proprietary or Confidential Information in strict confidence. "Proprietary or Confidential Information" shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process. The parties agree not to make each other's Proprietary or Confidential Information available in any form to any third party or to use each other's Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party's proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, Company and Customer acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the Effective Date.

FORCE MAJEURE

Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party's reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.

RELATIONSHIP OF PARTIES

1. Independent Contractor. Company, in rendering performance under this Agreement, shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Company shall be solely responsible for and shall hold Customer harmless for any and all claims for taxes, fees, or costs, including but not limited to withholding, income tax, FICA, and workers' compensation.
2. No Agency. Customer does not undertake by this Agreement, the Order or otherwise to perform any obligation of Company, whether by regulation or contract. In no way is Company to be construed as the agent or to be acting as the agent of Customer in any respect, any other provisions of this Agreement notwithstanding.

NOTICE AND PAYMENT

1. Any notice required to be given under this Agreement shall be in writing and delivered personally to the other designated party at the addresses listed in the Order mailed by certified, registered or express mail, return receipt requested or by Posti service.
2. Either party may change its address to which notice or payment is to be sent by written notice to the other under any provision of this paragraph.

JURISDICTION/DISPUTES

This Agreement shall be governed in accordance with the laws of the Finland. All disputes under this Agreement shall be resolved by litigation in the courts of the Hämeenlinna, Finland and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.

AGREEMENT BINDING ON SUCCESSORS

The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.

ASSIGNABILITY

Customer may not assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of Company. Company reserves the right to assign subcontractors as needed to this project to ensure on-time completion.

WAIVER

No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.

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.

INTEGRATION

This Agreement constitutes the entire understanding of the Parties, and revokes and supersedes all prior agreements between the Parties and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents which may conflict with this Agreement.

NO INFERENCE AGAINST AUTHOR

No provision of this Agreement shall be interpreted against any Party because such Party or its legal representative drafted such provision.

DISPUTES

Customer and Company agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation. Should the parties fail to resolve any such disagreement within ten (10) days, any controversy or claim arising out of or relating to this Agreement, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in Hämeenlinna, Finland. The arbitrator shall have the power to enter any award that could be entered by a judge of the Hämeenlinna city sitting without a jury, and only such power, except that the arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of Finland or any other applicable law. The arbitrator must issue his or her resolution of any dispute within thirty (30) days of the date the dispute is submitted for arbitration. The written decision of the arbitrator shall be final and binding and enforceable in any court having jurisdiction over the parties and the subject matter of the arbitration. Notwithstanding the foregoing, this Section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.

READ AND UNDERSTOOD

Each Party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms and conditions.

DULY AUTHORIZED REPRESENTATIVE

If this Agreement is executed then each Party warrants that their representative whose signature appears on such signature pages is the duly authorized by all necessary and appropriate corporate actions to execute this Agreement.

Search Engine Optimization Agreement

This Search Engine Optimization and Reporting Agreement ("Agreement") is hereby entered into between Neteron (hereinafter referred to as "Company") and the party set forth in the related order form ("Customer" or "you") incorporated herein by this reference (together with any subsequent order forms submitted by Customer, the "Order Form") and applies to the purchase of all Search Engine Optimization and Reporting Services (hereinafter collectively referred to as "SEO Services") ordered by Customer.

TERM AND TERMINATION. This Agreement shall be effective as of the time frame set forth on the Order Form. This Agreement may be terminated by either party upon written notice to the other, if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice. This Agreement may be terminated by Company (i) immediately if Customer fails to pay any fees hereunder; or (ii) if Customer fails to cooperate with Company or hinders Company's ability to perform the SEO Services hereunder.

SEO SERVICES. Company agrees to provide Customer with SEO Services as described in the Order Form and this Agreement. Company is authorized to use the specific keywords and/or phases set forth in the Order Form for development, improving the ranking of, and/or positioning the contents of the Customer's URL(s) (as set forth in the Order Form) in search engines and/or directories. SEO Services are intended to provide the Customer with preferential positioning in selected search engines and report results on an ongoing and timely basis. SEO Services include:

• Research keywords and phrases to select appropriate, relevant search terms. The number of keywords is set forth in the Order Form. Additional keyword purchases will require a separate Order Form.
• Submit Customer's pages to search engines and directories as set forth in the Order Form or this Agreement.
• Create positioning reports showing rankings in the major search engines and under which keywords.

FEES; LIMITATIONS ON REFUNDS AND CANCELLATION FEES. Customer agrees to pay Company any and all fee(s) as stated in Order Form. The fee(s) must be received prior to the start of any SEO Services. THE CUSTOMER FURTHER AGREES THAT, IN THE EVENT OF ANY TERMINATION OF THIS AGREEMENT OR THE ORDER FORM BY CUSTOMER, ANY REFUNDS SHALL BE REDUCED BY AN AMOUNT BASED ON A PERCENTAGE OF WORK COMPLETED AS AND TO THE EXTENT PROVIDED IN THE ORDER FORM. THE CUSTOMER FURTHER AGREES TO PAY UPON CANCELLATION THE AMOUNT OF ANY CANCELLATION FEES OR OTHER AMOUNTS DUE TO COMPANY AS PROVIDED IN THE ORDER FORM. THE COMPANY IS HEREBY AUTHORIZED TO DEDUCT ANY AMOUNTS REMAINING DUE FROM CUSTOMER FROM ANY REFUNDS AND TO CHARGE CUSTOMER'S CREDIT CARD ACCOUNT OR OTHER PAYMENT MECHANISM FOR ANY AMOUNTS OWED FROM TIME TO TIME BY CUSTOMER TO COMPANY.

CUSTOMER RESPONSIBILITIES. For the purposes of providing these services, Customer agrees:

• To provide Company with FTP access to its web sites for uploading new pages, and making changes for the purpose of SEO Services optimization or approval to go through a third party.
• To authorize Company use of all Customer's logos, trademarks, Web site images, etc., for use in creating informational pages and any other uses as deemed necessary by Company for search engine positioning and optimization.
• That if Customer's web site(s) is light in textual content, Customer will provide additional relevant text content in electronic format for the purpose of creating additional web pages. Customer agrees to provide content, for example 200 to 500 word "articles" about each of their keyword phrases.

SEARCH ENGINES. Selected search engine submissions include:

• Ask
• Bing
• Google
• Yahoo

*Top Major SE and SE names may change without notice

CUSTOMER ACKNOWLEDGEMENTS. Customer understands, acknowledges and agrees that:

• Company has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. Customer's web site(s) may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity. Company will resubmit those pages that have been dropped from the index.
• Some search engines and directories may take as long as two (2) to four (4) months, and in some cases longer, after submission to list Customer's web site(s).
• Occasionally, search engines and directories will stop accepting submissions for an indefinite period of time.
• Occasionally, search engines and directories will drop listings for no apparent or predictable reason. Often listing will "reappear" without any additional submissions. Should the listing not reappear, Company will re-submit the web site(s) based on the current policies of the search engine or directory in question.
• Some search engines and directories offer expedited listing services for a fee. Company encourages Customer to take advantage of these expedited services. Customer is responsible for all expedited service fees unless otherwise noted in the Order Form.

WEB SITE CHANGES. Company is not responsible for changes made to Customer's web site(s) by other parties that adversely affect the search engine or directory rankings of Customer's web site(s).

ADDITIONAL SERVICES. Additional services not listed herein or in Order Form will be provided for up to €100.00 per hour. Company is not responsible for Customer's overwriting SEO Services work to Customer's web site(s). Customer will be charged an additional fee for re-constructing meta-tags, keywords, content, etc based on the hourly rate of up to €100.00 per hour.

INDEMNIFICATION. Customer shall indemnify and hold harmless Company (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) incurred by Company as a result of any claim, judgment, or adjudication against Company related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Customer to Company (the "Customer Content"), or (b) a claim that Company's use of the Customer Content infringes the intellectual property rights of a third party. To qualify for such defense and payment, Company must: (i) give Customer prompt written notice of a claim; and (ii) allow Customer to control, and fully cooperate with Customer in, the defense and all related negotiations.

DISCLAIMER OF ALL OTHER WARRANTIES. COMPANY DOES NOT WARRANT THAT THE SEO SERVICES WILL MEET THE CUSTOMER'S EXPECTATIONS OR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH CUSTOMER. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, COMPANY PROVIDES ITS SERVICES "AS IS" AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, THE CONTENT, AND EACH PARTY'S COMPUTING AND DISTRIBUTION SYSTEM. IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.

LIMITED LIABILITY. IN NO EVENT SHALL COMPANY BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY, ARISING UNDER THIS AGREEMENT, LOSS OF DATA, OR ANY PERFORMANCE UNDER THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN. THERE SHALL BE NO REFUNDS. COMPANY MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS, THIRD PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, OR HARDWARE OBTAINED FROM THIRD PARTIES.

CUSTOMER REPRESENTATIONS. Customer makes the following representations and warranties for the benefit of Company:

1. • Customer represents to Company and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Company are owned by Customer, or that Customer has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Company and its subcontractors from any claim or suit arising from the use of such elements furnished by Customer.
   • Customer guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Company for inclusion on the website above are owned by Customer, or that Customer has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Company and its subcontractors from any liability or suit arising from the use of such elements.
   • From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. Customer agrees that the client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Company and its subcontractors from any claim, suit, penalty, tax, or tariff arising from Customer's exercise of Internet electronic commerce.

CONFIDENTIALITY. The parties agree to hold each other's Proprietary or Confidential Information in strict confidence. "Proprietary or Confidential Information" shall include, but is not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process. The parties agree not to make each other's Proprietary or Confidential Information available in any form to any third party or to use each other's Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party's proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, Company and Customer acknowledge and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the effective date.

FORCE MAJEURE. Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party's reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.

RELATIONSHIP OF PARTIES. Company, in rendering performance under this Agreement, shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Customer does not undertake by this Agreement, the Order Form or otherwise to perform any obligation of Company, whether by regulation or contract. In no way is Company to be construed as the agent or to be acting as the agent of Customer in any respect, any other provisions of this Agreement notwithstanding.

NOTICE AND PAYMENT. Any notice required to be given under this Agreement shall be in writing and delivered personally to the other designated party at the addresses listed in the Order Form mailed by certified, registered or Express mail, return receipt requested or by Finnish Posti service. Either party may change its address to which notice or payment is to be sent by written notice to the other under any provision of this paragraph.

JURISDICTION/DISPUTES. This Agreement shall be governed in accordance with the laws of Finland. All disputes under this Agreement shall be resolved by litigation in the courts of the city of Hämeenlinna-Finland and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to it.

AGREEMENT BINDING ON SUCCESSORS. The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators, successors and assigns.

ASSIGNABILITY. Customer may not assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of Company. Company reserves the right to assign subcontractors as needed to this project to ensure on-time completion.

WAIVER. No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.

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.

INTEGRATION. This Agreement constitutes the entire understanding of the Parties, and revokes and supersedes all prior agreements between the Parties and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents which may conflict with this Agreement.

NO INFERENCE AGAINST AUTHOR. No provision of this Agreement shall be interpreted against any Party because such Party or its legal representative drafted such provision.

DISPUTES. Customer and Company agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation. Should the parties fail to resolve any such disagreement within ten (10) days, any controversy or claim arising out of or relating to this Agreement, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in the city of Hämeenlinna-Finland. The arbitration shall be conducted by one arbitrator, who shall be (a) selected in the sole discretion of the court of Hämeenlinna and (b) a licensed attorney with at least ten (10) years experience in the practice of law and at least five (5) years experience in the negotiation of technology contracts or litigation of technology disputes. The arbitrator shall have the power to enter any award that could be entered by a judge of the city of Hämeenlinna sitting without a jury, and only such power, except that the arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of Finland or any other applicable law. The arbitrator must issue his or her resolution of any dispute within thirty (30) days of the date the dispute is submitted for arbitration. The written decision of the arbitrator shall be final and binding and enforceable in any court having jurisdiction over the parties and the subject matter of the arbitration. Notwithstanding the foregoing, this Section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.

READ AND UNDERSTOOD. Each Party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms and conditions.

DULY AUTHORIZED REPRESENTATIVE. Each Party warrants that their representative whose signature appears below is duly authorized by all necessary and appropriate corporate actions to execute this Agreement.

Domain Registration Agreement

This Domain Registration Agreement ("Registration Agreement") is between Neteron ("we," "us,", "Neteron", "The Provider"), as the sponsoring registrar, or acting as reseller for the sponsoring registrar identified in the WHOIS record which may be retrieved here, and you, the person or entity registering a domain or domains through Neteron. By using Neteron's domain registration services (the "Services"), you agree to be bound by this Registration Agreement. Please read this agreement carefully.

We may modify, add, or delete portions of this Registration Agreement at any time. In such event, we will post a notice that we have made significant changes to this Registration Agreement on the Neteron website for at least 30 days after the changes are posted and will indicate at the bottom of this Registration Agreement the date these terms were last revised. Any revisions to this Registration Agreement will become effective the earlier of (i) the end of such 30-day period or (ii) the first time you access or use the Services after such changes. If you do not agree to abide by this Registration Agreement, you are not authorized to use or access the Services.

You acknowledge and agree that Neteron may modify this Registration Agreement with or without notice in order to comply with any terms and conditions set forth by ICANN ("Internet Corporation for Assigned Names and Numbers") and/or the applicable registry administrators ("Registry Administrators") for the top level domains ("TLD") or country code top level domains ("ccTLD").

Our Services

Your domain registration will be effective upon occurrence of all of the following:

1. 1. You accept all terms and conditions of this Registration Agreement, the Terms of Service, Privacy Policy and Acceptable Use Policy;
   2. Neteron accepts (in its sole discretion) your domain registration application;
   3. Neteron receives payment of the registration, renewal and reinstatement fees, as applicable; and
   4. Neteron delivers the domain registration information you provide to the registry administrator for the applicable TLDs and the Registry Administrator puts into effect your domain registration application.

Limitation of Liability

You understand that Neteron does not control all aspects of the domain registration process. For example, once you submit a domain registration, Neteron forwards the information contained in the registration to the appropriate Registry Administrator for processing and actual registration of the name. Neteron disclaims, and you agree, that Neteron is not liable for any inaccuracies regarding the registration information relating to (i) the input of the information by you; and (ii) the input of the information by the Registry Administrator. Neteron will not be held liable, nor refund a domain name registration due to spelling errors/typos.

Multiple Domain Registrations

Neteron, in accordance with ICANN policies, reserves the rights to refuse to register multiple domain registrations.

Fees

1. Payment of fees as a condition to domain registration. As consideration for the domain registration service provided by Neteron, you agree to pay Neteron, prior to the effectiveness of the desired domain registration, all registration and other applicable fees as indicated via the payment method selected at the time of registration. All fees are non-refundable, in whole or in part, even if your domain registration is suspended, cancelled or transferred prior to the end of your then-current registration term. It is the responsibility of the listed registrant for the domain name to maintain records appropriate to document and prove the initial domain name registration date.
2. Reservation of right to modify fees. Neteron reserves the right to modify fees, surcharges, and renewal fees or to institute new fees at any time with 30 days' notice, for any reason, at its sole discretion.
3. Credit card charge-backs for domain registrations. In the event of a charge-back to Neteron by the credit card company (or similar action by another payment provider used by us) for the credit card used in connection with the payment of the registration or other fee, you agree and acknowledge that the domain registration shall be transferred to Neteron, as the paying entity for that registration to the registry(ies) and that we reserve all rights regarding such domain including, without limitation, the right to make the domain available to other parties for purchase. Neteron also reserves the right to lock your account and the remainder of your domains until we receive your payment of any administrative fees and/or chargeback fees in the amount of $25. In Neteron's sole discretion, we may reinstate your domain registration, subject to Neteron's receipt of the registration fee and any administrative and/or chargeback fees described above.
4. Credit card charge-backs for non-domain registration services. In the event of a charge-back by the credit card company (or similar action by another payment provider) for the credit card used in connection with the payment of a non-domain registration fee, you agree and acknowledge that service shall not initiate or will be discontinued, if previously in use, and any information maintained by the service may be deleted along with your account and the remainder of your services being locked until we receive your payment of any administrative fees and/or chargeback fees in the amount of $25. In Neteron's sole discretion, we may reinstate your services, subject to Neteron's receipt of the non-domain registration fee and any administrative and/or chargeback fees described above.

Required Domain Registration Information

1. 1. 1. The domain registrant's name and postal address;
      2. The domain being requested;
      3. Administrative contact information, including the name, postal address, email address, telephone number, and where available, fax number of the administrative contact for the domain; and
      4. Technical contact information, including the name, postal address, email address, telephone number, and where available, fax number of the technical contact for the domain; and
      5. Billing contact information, including the name, postal address, email address, voice telephone number, and where available, fax number of the billing contact for the domain.
      6. The original creation date of the domain registration;
      7. The submission date and time of the registration to us and by us to the proper registry;
      8. Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;
      9. Account records for your domain registration, including dates and amounts of all payments and refunds;
      10. The IP addresses of the primary nameserver and any secondary nameservers for the domain;
      11. The corresponding names of those nameservers;
      12. The name, postal address, email address, voice telephone number, and where available, fax number of the technical contact for the domain;
      13. The name, postal address, email address, voice telephone number, and where available, fax number of the administrative contact for the domain;
      14. The expiration date of the registration; and
      15. Information regarding all other activity between you and us regarding your domain registration and related services.

Registration information

As part of the domain registration process and in accordance with ICANN policies, a Registered Name Holder is required to submit, and update within seven (7) days of any change, complete and accurate information, including the following (collectively, the "Registration Information"):

Additional registration information

In addition, in accordance with ICANN policies, Neteron is obligated to submit and keep current, complete and accurate additional information relating to a domain registration, which may include the following (collectively, "Additional Registration Information"):

Use of Registration Information and Additional Registration Information

You agree and acknowledge that Neteron will make available the Registration Information and the Additional Registration Information to ICANN; to other third party Registry Administrators such as VeriSign, Inc., Global Names Registry Ltd., Neustar, Inc., Afilias USA, Inc., Global Domains International; and as applicable laws may require or permit. Additionally, you acknowledge and agree that ICANN and the Registry Administrators may establish guidelines, limits and/or requirements that relate to the amount and type of information that Neteron may or must make available to the public or to private entities, and the manner in which such information is made available. Further, you hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain (including any updates to such information), whether during or after the term of your registration of the domain. Moreover, you hereby irrevocably waive any and all claims and causes of action that may arise or have arose from such disclosure or use of your Registration Information and the Additional Registration Information.

Information updating and accuracy obligations

As a condition to continued registration of your domain, you must provide us with updated Registration Information within seven (7) days of any changes to such information. You may review, modify or update your Registration Information by accessing Neteron's domain manager service, domain management console or similar service, made available at our website. In accordance with ICANN policies, you acknowledge and agree that if you willfully provide inaccurate information or fail to update your Registration Information within seven (7) days of any change, then you will be in material breach of this Registration Agreement and we may in our sole discretion cancel your domain registration. You further agree that your failure to respond within ten (10) days to any inquiry by Neteron concerning the accuracy of the Registration Information or to contact Neteron immediately upon discovery of any willful inaccuracy (including, e.g., phone number listed as 000-0000) associated with your domain registration shall constitute a material breach of this Registration Agreement and will be sufficient basis for cancellation of your domain registration. You further represent that you have obtained consent from any third-party individuals whose personal data you have provided as Registration Information.

Information requirements for renewals

Upon renewal of your domain registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your domain registration may not be renewed.

Ownership of data

You agree and acknowledge that Neteron owns all database, compilation, collective and similar rights, title and interests worldwide in our domain database ("Domain Database"), and all information and derivative works generated from such Domain Database, which contains Registration Information and Additional Registration Information. You further agree and acknowledge that Neteron may use the following information for those domain registrations for which we are the registrar: (a) the original creation date of the registration; (b) the expiration date of the registration; (c) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, authorized contact, zone contact and billing contact for the domain registration; (d) any remarks concerning the registered domain that appear or should appear in the WHOIS or similar database; and (e) any other information Neteron generates or obtains in connection with the provision of domain registration services, other than the domain being registered, the Internet protocol (IP) addresses of the primary nameserver and any secondary nameservers for the domain, and the corresponding names of those nameservers. Neteron does not have any ownership interest in your specific personal registration information outside of its rights in its Domain Database. Neteron agrees to take reasonable precautions to protect your specific personal registration information from loss, misuse, unauthorized access or disclosure, alteration or destruction.

Registrant Verification

You understand and agree that Registrar is required to verify the Registered Name Holder's email address within 15 days of any registration, transfer, or change to the Registered Name Holder's contact information. The Domain Name Holder's failure to verify the contact information within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated service(s).In addition, you understand and agree that Registrar is required to verify any changes to any WHOIS contact information within 15 days of any change. The Domain Name Holder's failure to verify such changes within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated service(s).

Domain Privacy Service

1. To comply with any applicable laws, rules, regulations or requirements, or with any subpoenas, court orders, official government inquiries or requests of law enforcement;
2. To comply with ICANN's Uniform Domain Name Dispute Resolution Policy;
3. To resolve any and all third-party claims, whether threatened or made, arising out of your use of the Domain Privacy service, including without limitation, to avoid a dispute of any claim that the registered domain name violates or infringes a third party's trademark, trade name, or other legal rights;
4. In the event you breach any provision of this Registration Agreement or any other agreement you've entered into with Neteron, including, but not limited to, the Terms of Service;
5. To comply with the rules, procedures, or practices of the registry that governs the domain name extension receiving the Domain Privacy service and to protect the integrity and stability of the applicable domain name registry;
6. To avoid any financial loss or legal liability (civil or criminal) on the part of Neteron, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors, or employees;
7. To prevent inappropriate activity that comes to Neteron's attention, including without limitation if you are using Domain Privacy to hide your involvement in illegal or morally objectionable activities, including without limitation, activities that are intended to or otherwise: (i) appeal purely to the prurient interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third parties; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism, or child pornography; (v) are tortious, vulgar, obscene, invasive of a third party's privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs, or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data, or personally identifiable information.

If you purchased domain privacy services ("Domain Privacy"), you agree that your Registration Information will be replaced in any public WHOIS search with information provided by Neteron as determined in its sole discretion (the "Private WHOIS Contact Information").

Although the Private WHOIS Contact Information will appear in any public WHOIS search result, you are solely responsible for resolving any and all monetary, creditor, or other claims that arise in connection with a legal or other dispute involving your domain name registration. Use of the Domain Privacy service in no way alleviates your obligation to provide valid and accurate Registration Information and to update and correct such information pursuant to the terms of this Registration Agreement.

The Domain Privacy service is NOT a general mail forwarding service. You agree that you will not provide any third party with the Private WHOIS Contact Information for the purpose of having such third party transmit communications to you. Neteron may immediately terminate the Domain Privacy service and, at its sole option, disclose the Registration Information in the event that you breach this Agreement.

Notwithstanding anything to the contrary, you agree that Neteron may, but is not obligated to, review and forward communications in connection with your domain name that it receives. You hereby authorize Neteron to receive, sort, open, forward, and destroy any and all mail sent to our address at our sole discretion. You specifically acknowledge that Neteron is not obligated but may forward to you certified or traceable courier mail (such as UPS or Federal Express deliveries), legal notices, or first class U.S. postal mail; however, Neteron will NOT forward "junk" mail or other unsolicited communications (whether delivered through fax, postal mail, or telephone), and you further authorize Neteron to either discard all such communications or return all such communications to the sender. You agree that: (i) postal mail may be forwarded via regular mail forwarding or scanned and emailed electronically to the email address listed in the Registration Information; (ii) emails will be forwarded to the email address listed in the Registration Information; and (iii) callers will be directed to use the mailing or email address listed on the Private WHOIS Contact Information and we will forward such mail or email pursuant to the terms of this section; we will not relay phone messages to you. You agree to waive any and all claims arising from your failure to receive communications directed to your domain name but not forwarded or referred to you by Neteron.

If any domain name for which you are using the Domain Privacy service is transferred to another registrar, Domain Privacy will automatically cease and no refund will be given for any unused portion of the service.

Failure to renew the Domain Privacy service while your domain name registration is still valid will result in the Domain Privacy being suspended, terminated or cancelled and your Registration Information will be displayed in any public WHOIS search. Domain Privacy renewals after initial purchase will be at the standard list price, which is available by logging in to your account.

Neteron expressly reserves the right, in its sole discretion and without any liability to you whatsoever, to suspend or cancel your use of the Service and/or reveal the Registration Information in any public WHOIS search or to any third party at any time without notice to you:

Pursuant to paragraph 3.7.7.3 of ICANN's Registrar Accreditation Agreement ("RAA"), you agree that if you license use of a Registered Name (as that term is defined in the RAA) to a third party, you are nonetheless the Registered Name Holder of record (as that term is defined in the RAA) and are responsible for providing the full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for any harm caused by wrongful use of the Registered Name, unless the Registered Name Holder discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party that provides the Registered Name Holder reasonable evidence of actionable harm.

Domain Parking

1. Upon registration, the domain will be automatically placed on name servers provided by Neteron, and Internet users that type in the domain will be redirected to a "coming soon" page (collectively, "parking a domain" or a "parked domain"). There is no charge for parking a domain. You hereby consent to and authorize Neteron's placement of a "coming soon" page, and its associated contents, on your parked domain. You may change the name server configuration (or "un-park" the domain) after the registration is complete. If you need to register name servers using the domains that you are currently registering, the names will initially be parked with Neteron until you modify the name servers after the domain registration is complete, using your account manager.
2. In the event your domain registration expires, your registration is no longer valid. If you are able to renew the domain name, you may update the domain to its original settings. After expiration, but prior to renewal, the domain may be pointed to an "expired" page (collectively, "parking a domain" or a "parked domain"). There is no charge for the parked domain. By not renewing the domain, Neteron may place an "expired" page, and its associated contents, on the parked domain. You may change the name server configuration (or "un-park" the domain) after the renewal is complete. If you need to register name servers using the domains that you are currently renewing, the names will initially be parked with Neteron until you modify the name servers after the domain renewal is complete, using your account manager.
3. The "coming soon" and/or "expired" pages may contain advertisements and other materials selected by Neteron, in Neteron's sole discretion. This may include, but is not limited to third-party websites, third-party product and service offerings, and/or Internet search engines. Neteron reserves the right to collect and retain all revenue obtained from such advertising and other materials.
4. 404 Error Page. In the event you fail to configure a 404 error page, a default 404 error page will be configured by Neteron to appear in the event an Internet user enters a URL related to your domain but for which no file is associated. By not configuring a 404 error page, you hereby consent to and authorize Neteron's placement of a default 404 error page and its associated content on your website. Neteron's 404 error page may contain advertisements and other materials selected by Neteron in Neteron's sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines. You may change the 404 error page configuration at any time. Neteron reserves the right to collect and retain all revenue obtained from such advertising and other materials.

DNS Wildcard

In the event you utilize Neteron's DNS management services and fail to configure a wildcard DNS for your domain, Neteron may insert wildcard DNS records to resolve subdomains of your domain that would not otherwise resolve. Neteron may point those subdomains to a web page that may contain advertisements and other materials selected by Neteron in Neteron's sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines.

Registration Renewal

1. Renewal obligations. You are solely responsible for ensuring that any and all domains and additional services are renewed prior to their expiration, should you so desire their renewal. You may renew your domain at any time before the expiration date. Neteron shall have no liability to you or any third party in connection with the renewal, including, but not limited to, any failure or errors in renewing the services.

You may be notified at Neteron's sole discretion when renewal fees are due. Should these fees go unpaid within the time specified in a notice or reminder regarding renewal, your registration will be cancelled. Payment must be made by such other method as we indicate in the renewal form. If your billing information is not accurate, you are solely responsible for the failure to renew.

1. Autorenewal. You agree that if you paid for any services provided hereunder by credit card or other payment service (such as PayPal), you hereby authorize but do NOT obligate, Neteron to automatically charge your credit card or payment service account and renew the applicable service(s) on or before their renewal date using the credit card or other acceptable payment information you have provided to Neteron, unless you notify Neteron that you do not wish to participate in Neteron's automatic renewal process. Neteron must receive notification of your intent to not renew (opt-out) no later than sixteen (16) days prior to the renewal date. In the absence of such notification from you, Neteron will automatically renew, for a period of one (1) or two (2) years, as set forth by the applicable registry depending on the TLD or ccTLD of your domain name, any domain that is up for renewal and will charge the credit card or payment service account you have on file with Neteron, at Neteron's then current rates. You are solely responsible for the credit card or other payment information you provide to Neteron and must promptly inform Neteron of any changes thereto (e.g., change of expiration date or account number). If the credit card or payment service account has expired or is otherwise invalid, you are solely responsible for a failure to renew and Neteron shall not be liable for your failure.
2. Expired domain names. You agree that we may place our contact information in the WHOIS output for any expired domain name, as the failure to renew results in the immediate cancellation of registration and loss of all rights to the domain name. Should you choose not to renew your domain name, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party on your behalf as an Expired Domain Transfer ("ED Transfer").
3. New customers through domain auction or brokerage partners and/or ED Transfers. If you are registering a domain name that was registered with, and not yet deleted by, Neteron at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the original expiration date for the domain name immediately prior to your purchase, as the registration is the result of an ED Transfer (defined above). You will not be compensated for the inability to use the domain from the time it was expired until the time you are able to use the domain in your account. NOTE: You may not transfer your domain name to another Registrar for sixty (60) days from the date of any previous transfer.

Domain Dispute Resolution Policy

You agree to be bound by the appropriate domain dispute resolution policy ("Dispute Policy") applicable to the domain that you have selected, including the Uniform Domain Name Dispute Resolution Policy. The Dispute Policy has been developed by ICANN and/or the specific Registration Administrator(s) and is incorporated by reference in this Registration Agreement. Certain disputes are subject to the applicable Dispute Policy. In the event such dispute arises, you agree that you will be subject to the provisions specified in the applicable Dispute Policy in effect at the time your domain registration is disputed by a third party. You further agree that, in the event a domain dispute arises with any third party, you will indemnify and hold Neteron harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. The Dispute Policy may be modified at any time by ICANN or the applicable Registry Administrator, and your continued use of the domain registered to you after any such Dispute Policy modification shall constitute your acceptance of the modified Dispute Policy and this Registration Agreement. If you do not agree to any of such changes, you may request that your domain registration be cancelled or transferred to a different domain registrar. For the adjudication of disputes concerning or arising from use of the second level domain ("SLD") name, the SLD holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the SLD holder's domicile and (2) where registrar is located. In addition, you agree to the rules of ICANN's Uniform Rapid Suspension ("URS") and to submit to any proceedings commenced pursuant to the URS, if applicable.

Change of Registrant Of Domains

1. Change of Registrant. Effective December 1, 2016, for all gTLDs, any material changes to a domain name registrant’s name, company, email address, or to the administrative contact email address (if there is no registrant email address) are subject to ICANN’s Transfer Policy (available at https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en).
   • We are required to deny a change of registrant for any of the following reasons:
   • The domain name registration agreement has expired and the registrant no longer has the right to renew the domain name or to transfer the domain name to another registrar;
   • the change of registrant was not properly authorized by the Prior Registrant and the New Registrant; or
   • the domain name is subject to a domain name dispute proceeding, including, but not limited to, the following:
     • Uniform Domain-Name Dispute-Resolution Policy (UDRP) (https://www.icann.org/resources/pages/help/dndr/udrp-en);
     • Uniform Rapid Suspension (URS) (https://www.icann.org/resources/pages/urs-2014-01-09-en);
     • Registrar Transfer Dispute Resolution Policy (https://www.icann.org/resources/pages/tdrp-2012-02-25-en);or
     • a court order.

Unless a change of registrant is otherwise prohibited, the Prior Registrant and the New Registrant, or their Designated Agents, must confirm the change of registrant within 60 days of the request.

Unless you opt out of the transfer lock when you request a change of registrant, you may not transfer your domain registration to another domain registrar for sixty (60) days following the change of registrant.

1. Designated Agent. You hereby explicitly authorize us to act as Designated Agent to approve a change of registrant on behalf of the Prior Registrant and the New Registrant, consistent with the requirements of ICANN’s Transfer Policy
   (https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en).
2. Transfer of registration to another registrant. The entity or person named as the "registrant" at the time the controlling user name and password are secured shall be the registrant of the domain. You agree that prior to the effectiveness of any transfer of ownership of your domain to another entity, Neteron reserves the right to enforce any amount published for the transfer of ownership of a domain. You further agree that, as a condition of any such transfer of ownership of the domain, the party to which you seek to transfer your domain shall agree in writing (electronic acceptance is acceptable) to be bound by the terms and conditions of this Registration Agreement. Your domain will not be transferred until we receive such written assurances (or reasonable assurance as determined by Neteron in its sole discretion) and actual payment of the transfer fee, if any is imposed. You acknowledge and agree that if you attempt to transfer your domain registration without paying Neteron the amount published for the transfer of ownership of a domain, or if the entity to which you seek to transfer your domain fails to agree in writing to be bound by all terms and conditions of this Registration Agreement, any such transfer will be null and void, and will result in your domain registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain.
3. When changing the name of registrant within Neteron, you agree that at Neteron's discretion, the domain name may be changed back to the registrant listed immediately prior to the change upon written (email is acceptable) request within five (5) days (or such reasonable time as determined at Neteron's discretion) by registrant that was listed immediately prior to change or in the event of suspected fraud in connection with the change of the registrant name as determined by Neteron in its sole discretion.
4. Transfer of registration to or from another registrar. When transferring a domain name into Neteron as the new registrar of record and simultaneously changing the name of registrant or subsequently changing the name of registrant, you agree that the domain name may be re-transferred back to the losing registrar upon written (email is acceptable) request by registrant that was listed immediately prior to transfer or upon request by losing registrar or in the event of suspected fraud in connection with the transfer as determined by Neteron in its sole discretion. At the time of transfer into Neteron, you must complete all required information requested through the online transfer application, i.e., contact information, nameserver information, etc. Neteron may elect to accept or reject your domain name transfer application for any reason at its sole discretion. You are not entitled to any refund in relation to the domain name transferred to another registrar.
5. RESTRICTIONS ON REGISTRAR TRANSFERS. For generic top-level domains governed by ICANN, you agree that you may not transfer your domain registration to another domain registrar during the first sixty (60) days from the effective date of your: (1) initial domain registration or (2) completion of a domain transfer into Neteron. If you choose to utilize our transfer lock service, you agree to provide written authorization (electronic acceptance is acceptable) to Neteron for the transfer of the domain to another registrar and agree to pay any and all fees that may be charged by Neteron to effect the transfer. You agree your request to transfer your domain to another registrar may be denied pursuant to the Inter-Registrar Transfer Policy (available here).

For country-code top-level domains, as established by each registry, you agree that you may not transfer a domain to another registrar during the first sixty (60) days of the initial registration or after expiration of the domain. You agree your request to transfer your domain to another registrar may be denied pursuant to the Inter-Registrar Transfer Policy (available here).

1. Transfer Lock. You agree that Neteron may, but is NOT obligated to, automatically opt your domain name into its Transfer Lock service to help protect against unauthorized transfers (applicable for .com and .net domain names). Neteron does NOT warranty NOR guarantee the service will prevent any unauthorized transfer of domain name(s). You may log in to your account and disable this service at anytime if you do not wish to use the service. Neteron will NOT be liable for any inconvenience this may cause you to properly transfer your domain. You are solely responsible for a failure to transfer the domain. Neteron shall not be liable for your failure.

Agents and Licensing

You agree that, if you are registering a domain and listing someone other than yourself as the registrant, you represent and warrant that you have the authority to bind the person or entity listed as registrant as a principal to this Registration Agreement, including the applicable Dispute Policy. The name listed as registrant of the domain or the appropriate officer of a listed Organization (at Neteron's discretion) may individually choose to move the domain into another account for full access to the domain, irrespective of wishes of agent/account owner/other listed contacts on that particular domain (e.g. admin, billing). Further, you agree that if you license the use of the domain registered to you to a third party, you nonetheless remain the domain holder of record, and remain responsible for strict compliance with this Registration Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) accurate Registration Information and Additional Registration Information. Further, you accept liability for any actions of the licensee using the domain unless you promptly disclose the current contact information provided to you by the licensee and the identity of the licensee to any party providing reasonable evidence of actual harm.

Representations and Warranties

In the event that, in registering the domain, you are providing information related to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Registration Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Registration Agreement. You further represent that, to the best of your knowledge and belief, neither the registration of the domain nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain registration is accurate.

Indemnification

1. Indemnification of Neteron. You will indemnify, hold harmless, and defend Neteron and its subsidiary and parent entities, predecessors, successors, affiliates, and assigns, the Registry Administrators, and all of their respective current and former officers, directors, members, shareholders, agents, and employees (the "Indemnified Parties") from any and all Claims. "Claim" means any action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys' fees and costs)), which arises out of: (a) your breach of this Registration Agreement or any of Neteron's policies applicable to this domain registration or related services, (b) the operation of your domain, (c) any negligent act or omission by you, or (d) any third party claim, action, or demand related to the registration or use of the domain registered in your name (and this indemnification is in addition to any indemnification required under the Dispute Policy). "Reasonable attorneys' fees and costs" as used in this Section 13 includes without limitation fees and costs incurred to interpret or enforce this Section 13. Neteron may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim. Neteron will provide you with reasonably prompt notice of any Claim.
2. Indemnification of ICANN and Registry Operators. You agree to indemnify, defend, and hold harmless ICANN, Registry Operator(s) (including but not limited to VeriSign, Inc., Public Interest Registry, Afilias Limited, SITA, NeuLevel, Inc., and NeuStar, Inc.) and their respective subcontractors, shareholders, directors, officers, employees, affiliates and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys' fees and costs and any other expenses arising out of or related to your domain registration and any disputes regarding same. Some Registry Operators may not allow this indemnification provision to apply, as contained herein; in such cases, this provision is in effect to the full extent permitted by law as applicable to such Registry Operator.
3. These indemnification obligations shall survive the termination or expiration of this Registration Agreement.

Warranty Disclaimer; Limitation of Liability

1. Disclaimer of warranty. Neteron MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS REGISTRATION AGREEMENT OR ANY OF ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WITHOUT ANY LIMITATION TO THE FOREGOING, Neteron MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN UNDER THIS REGISTRATION AGREEMENT WILL PREVENT CHALLENGES TO YOUR DOMAIN REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF ANY DOMAIN REGISTERED TO YOU.
2. Limitation of liability. YOU AGREE THAT Neteron AND THE INDEMNIFIED PARTIES, AS DEFINED IN SECTION 12(a) OF THIS REGISTRATION AGREEMENT, WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING: (A) SUSPENSION OR LOSS OF THE DOMAIN REGISTRATION IN YOUR NAME; (B) USE OF YOUR DOMAIN REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE; (C) INTERRUPTION OF BUSINESS; (D) ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEBSITE(S) YOU ACCESS BY THE DOMAIN REGISTERED IN YOUR NAME; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND Neteron's OR ANY OF SUCH INDEMNIFIED PARTIES' REASONABLE CONTROL; (G) THE PROCESSING OF YOUR DOMAIN APPLICATION; (H) ANY FAILURES OF ENCRYPTION OR OTHER SERVICES PROVIDED; OR (I) APPLICATION OF THE DISPUTE POLICY. Neteron AND THE INDEMNIFIED PARTIES ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Neteron OR ANY OF SUCH INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Neteron's OR ANY OF SUCH INDEMNIFIED PARTIES' MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN THAT IS AT ISSUE FOR THE THEN-CURRENT PERIOD OF REGISTRATION.

Term and Termination

1. Term. The term of this Registration Agreement commences on the day you accept this Registration Agreement to the day until the occurrence of any of the following: (a) your domain registration is cancelled; (b) your domain is transferred to a third party; or (c) your domain expires or is terminated (in accordance with Section 15.c, below) (collectively, "Termination"). Your obligation to pay any fees or other amounts under this Agreement which arose prior to expiration or other termination of this Registration Agreement shall survive any such expiration or termination.
2. Domain suspension, cancellation or transfer. You acknowledge and agree that your domain registration is subject to suspension, cancellation or transfer (cancellation or transfer collectively referred to as, "Cancellation") (a) to correct mistakes by Neteron, another registrar, or a Registry Administrator in administering the domain name or (b) for the resolution of disputes concerning the domain pursuant to an ICANN policy or procedure. It is your responsibility to verify if any domain is infringing anyone else's rights, prior to registration. If the domain name you have registered is found to be infringing on another person's rights, determined in Neteron's discretion, Neteron has the right to cancel your registration immediately. If you are in willful violation of our agreement, you will not be entitled to any refund. You also agree that Neteron shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain registration upon up to seven (7) calendar days prior notice or after such time as Neteron receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation, transfer or modification of the domain registration.
3. Termination. Neteron reserves the right to suspend, cancel, transfer or modify your domain registration if: (a) you materially breach this Registration Agreement (including the Dispute Policy) and do not cure such breach within ten (10) days of notice by Neteron; (b) you use the domain to send unsolicited email, in violation of this Registration Agreement or applicable laws; (c) you use your domain in connection with unlawful activity; or (d) you otherwise violate this Registration Agreement as determined by Neteron in its sole discretion. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS ASSOCIATED WITH THE TERMINATION OF YOUR RIGHTS TO THE DOMAIN NAME.
4. Survival. The following provisions will survive Termination or Cancellation of this Registration Agreement: Sections 2, 9, 12, 13, 14, 15 and 16.

Additional Terms

1. Personal Data. Neteron incorporates its Privacy Policy by reference. In addition, you hereby represent that you have provided Neteron's Privacy Policy to any person whose personal data you disclose to Neteron and that you have obtained their consent to the foregoing.
2. Governing law; jurisdiction. Except as otherwise set forth in the Dispute Policy with respect to disputes, this Registration Agreement, your rights and obligations and all actions contemplated by this Registration Agreement shall be governed by the laws of the State of Massachusetts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Registration Agreement. Any suit, action or proceeding concerning this agreement must be brought in a state court located in Middlesex County, Massachusetts or a federal court located in Suffolk County, Massachusetts. EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
3. Notices. You agree that any notices required to be given under this Registration Agreement by Neteron to you will be deemed to have been given if delivered in accordance with the contact information you have provided.
4. Relationship. Neteron and you are independent contractors and nothing contained in this Registration Agreement places Neteron and you in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
5. Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Registration Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
6. Severability. If any provision or portion of any provision of this Registration Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
7. Assignment. You may not assign or transfer this Registration Agreement or any of your rights or obligations hereunder, without the prior written consent of Neteron and/or without using the Neteron domain transfer process in compliance with ICANN's policies. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Neteron may assign its rights and obligations under this Registration Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Registration Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. You agree that Neteron may transfer your domain name from one accredited registrar to another accredited registrar without requiring your consent, to the extent not prohibited by ICANN or applicable registry rules or by applicable law.
8. Intellectual property. Except for your Content (as defined above), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, " Neteron Content"), are the proprietary property of Neteron. No Neteron Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purposes in any form or by any means, in whole or in part, other than as expressly permitted in this Registration Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Neteron Content. Any use of the Neteron Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the services and the Neteron Content granted herein. All rights of Neteron or its licensors that are not expressly granted in this Registration Agreement are reserved to Neteron and its licensors.
9. Entire agreement. This Registration Agreement, and the attachments and documents referenced herein, including but not limited to the applicable Dispute Policy (as modified from time to time), constitute the complete and exclusive agreement between you and Neteron, and supersede and govern all prior proposals, agreements, or other communications with respect to the subject matter hereof.

Domain Registration Reseller Agreement

This Reseller Agreement ("RSA") is a legal agreement by and between you, as you have identified yourself in your account information ("You" and "Your"), the backend service provider, Neteron, Incorporated. ("Neteron") and, the primary service provider, (the "Primary Service Provider"). If You are buying the Services (defined below) directly from Neteron, Neteron is both Your backend service provider and your Primary Service Provider. You warrant that the information You provide in Your account with Neteron ("Your Account") is accurate and that You will keep it updated. This RSA sets forth the terms and conditions of Your use and resale of Neteron Domain Name Registration and related services ("Services"). By using the Services, You acknowledge that You have read, understand and agree to be bound by this RSA, along with any additional terms, conditions or policies which Neteron or ICANN may establish from time to time, the current version of which can be found here: https://neteron.com/legal/. In addition to transactions entered into by You on Your behalf, You also agree to be bound by this RSA for transactions entered into on Your behalf by anyone acting as Your agent, and transactions entered into by anyone who uses Your Account. This RSA will only be effective upon Neteron provision of the Services to You. The terms and conditions of this RSA may be modified from time to time by Neteron. Such modifications become effective 30 days after Neteron notifies You of the modifications or immediately upon Your express consent to the revised terms and are effective from that date forward. You agree that we may notify You of the modifications by, for example, sending email to You at Your email address of record. If You do not agree to the terms and conditions of this RSA as modified, You may send us a cancellation notice and You will remain subject to the unmodified terms and conditions of this RSA (except Section 5 ICANN Obligations will apply to You) for the remainder of the term of the RSA, after which Your RSA will terminate.

Reselling the Services

1. Subject to the terms and conditions of this RSA, Neteron grants You a non-exclusive, non-transferable license to resell the Services worldwide. The Services include, but are not limited to those Services listed on our site at https://neteron.com/resellers/ and any other Services as Neteron may make available in Your Account from time to time. Certain of the Services are offered only subject to additional terms and conditions which are available at https://neteron.com/legal/. To resell these Services, You and Your Sub-Resellers (defined below) and each of Your end customers purchasing these Services must agree to these additional terms and conditions as they may be updated from time to time. You agree to indemnify and hold harmless Neteron for any failure by You or a Sub-Reseller below Your Account to obtain the consent of any Sub-Reseller or customer to these additional terms and conditions. The Services do not include other services which are not made available through Your Account by Neteron, its third party licensors or a Primary Service Provider other than Neteron. If Your Primary Service Provider is not Neteron, it is an independent reseller of Neteron and may offer its own services under separate agreement.
2. You may authorize sub-resellers on Your Account to resell the Services ("Sub-Resellers") via accounts attached to Your Account ("Sub-Accounts"). You are responsible to Neteron for the costs, fees, expenses, acts and omissions of Your Sub-Resellers and any Sub-Resellers "below" them in Your Account or any Sub-Accounts. You are required to have all Sub-Resellers acknowledge and agree to the terms of this RSA. You agree to comply and ensure compliance by Your Sub-Resellers with this RSA, all applicable Neteron or ICANN policies, laws and regulations in reselling the Services. In the event a Sub-Reseller's Sub-Account is terminated by the Sub-Reseller, You or Neteron, You will be responsible for the Sub-Account.
3. If You stop using Your Account, become unavailable to Neteron, Your Primary Service Provider (if applicable), Your customers or Sub-Resellers, or this RSA is terminated by Neteron for any reason, Neteron may, but is not obligated to, assume direct control over any of Your customers and/or Sub-Accounts.

Points, payments, and commissions

1. You may be required to purchase "Points" to obtain all or certain of the Services. When You purchase Points, Your price for the Points may also include certain costs, such as online taxes and a convenience fee established by Neteron (currently set at 5%, subject to change at any time in Neteron sole discretion), which will not be reflected in Your Point total. For example, when You pay $100 toward the purchase of Points with Your credit card or PayPal account, You will be charged a convenience fee for online access, and in the event the convenience fee is 5%, and 95 Points will be deposited into Your Account. You agree to pay, prior to the effectiveness of the desired Services, the applicable Service fees communicated to You. If You have a Primary Service Provider other than Neteron, Your pricing for the Services is determined by Your Primary Service Provider. Neteron accepts checks and/or wire transfers with no additional charges. Please contact Neteron to arrange such a payment. Points are non-refundable for any reason and are not transferable without the consent of Neteron, which may be denied for any reason. You will be responsible for all merchant services fees, outlined in the Merchant Services Agreement at https://neteron.com/terms/, for any transaction originating from all Sub-Accounts below Your Account.
2. Points and certain of the Services may be purchased using a credit card. You authorize Neteron to debit the credit card You present in relation to a particular transaction or the credit card You otherwise provide through Your Account. You must present only approved transactions to Neteron. Prior to contacting Your credit card company in relation to such charges, You will first contact Your Primary Service Provider (if Your Primary Service Provider is not Neteron) and thereafter Neteron to verify the charges and the manner of billing. You must require all Sub-Resellers and all customers in and below Your Account to only present approved transactions to Neteron and to contact Neteron regarding charges, as described above. Any chargeback by a credit card company or similar action by or through another payment provider relating to payment to Neteron, for whatever reason, whether by You, by any Sub-Reseller or customer below Your Account i) is a material breach of this RSA, ii) is an act for which You agree to be jointly and severally liable to make Neteron whole, iii) is an act with respect to which Neteron will charge $35.00 per incident, in addition to merchant services fees and other payment provider service charges which may be charged to Neteron, and iv) that the same shall be grounds for suspension and/or termination of this RSA and the Services. Under such circumstances, Neteron may suspend Your access to any and all of Your Accounts and may assume all right, title, interest in, and use of any domain name registration(s) and/or websites, email, or other data hosted on systems controlled by Neteron (the "Collateral"). Neteron will reinstate rights in the Collateral solely in its discretion, subject to receipt of the fee(s) owed and the then-current reinstatement fee, currently set at US$200. You hereby acknowledge and consent to Neteron right, but not obligation, to sell, dispose of, or retain the Collateral if Neteron determines the same to be a means of obtaining some monetary or other satisfaction or security, even if You assert that the value of the Collateral exceeds the amount You owe Neteron.
3. Neteron may require that You pay for Points or the Services using a particular payment means, such as by wire transfer. Neteron may also demand reasonable assurance of payment at Neteron sole discretion.
4. If You are using Neteron merchant services provider (credit card processing company), receipts from Your customers and Sub-Resellers will be processed by the merchant services provider(s) selected by Neteron and will be subject to convenience fees, taxes any and ICANN fees or assessments.
5. You authorize Neteron to deduct from Your Points any amounts owed by You to Neteron, including, without limitation, amounts owed as a result of Your indemnification of Neteron for third party claims and any administrative costs, including reasonable administrative costs which may be charged for inactive accounts.
6. You authorize Neteron to sell, take title to, and/or use any Collateral as a means of obtaining some monetary or other satisfaction for any amounts owed by You to Neteron, including, without limitation, amounts owed as a result of Your indemnification of Neteron for third party claims and any administrative costs, including reasonable administrative costs which may be charged for inactive accounts.
7. If You have Sub-Account(s) below Your Account, You may earn commissions from sales generated by such Sub-Account(s). Such commissions will amount to the difference between the following: i) the price You charge the Sub-Reseller, less merchant service fees, taxes and ICANN fees; and ii) the price You are charged for the Services. When You have a balance greater than €25.00 (U.S.) in commissions which have aged more than 90 days (which allows time for chargebacks and reversed transactions), You will be able to have Your commissions transferred to Your Account balance, sent to You via a check deposited in the U.S. mail (another reason to keep Your Account information current) or via direct deposit, when and if direct deposit becomes available. Commissions will be reported through Your Account in Your Available Commission Balance. Your Point balance is not part of Your Available Commission Balance.

Support

1. You are responsible for providing customer service, billing, and technical support to Your customers, Sub-Resellers and customers of Your Sub-Resellers. Neteron will provide telephone and/or email support to You 24 hours, 7 days per week. Neteron may, but is not obligated to, provide support directly to Your customers. If Neteron receives communications from registrants or from third-parties regarding Services provided in Your Account or any Sub-Accounts, Neteron will, where appropriate, forward such communications to You, the applicable Sub-Reseller, or the Primary Service Provider (if Your Primary Service Provider is not Neteron) at Neteron discretion for further action; however, reserves the right to respond to such communications directly. If Neteron determines that You are providing inadequate support to Your customers or Sub-Resellers (resulting in, for example, an excessive number of support calls directly from Your customers), You will be in breach of this RSA and Neteron may terminate this RSA.

Licensed Use of Trademarks and Technology

The Services may only be accessed through the application programming interface (including the associated documentation, the "API"), Your Account, websites created by Neteron which use the API, updates and upgrades thereto, and through such other means and technologies which Neteron makes available through its websites or downloads (collectively, the "Technology").

1. Neteron hereby grants to You a non-exclusive, non-transferable, royalty-free, terminable license, exercisable solely during the term of this RSA, to use the Technology solely for the purpose of accessing and using the Services. With the exception of Your Account, this license right may be sublicensed to Sub-Resellers in Your Account and in Sub-Accounts below Your Account, but only subject to all license terms and restrictions of this RSA, only during the term of this RSA, and only so long as performance of the Services by Neteron has not been suspended.
2. Neteron hereby grants You a non-exclusive, worldwide, fully paid up, royalty free, terminable right and license to use Neteron trademarks (the "Trademarks") solely as provided by Neteron and solely as pre-approved in writing in connection with the marketing and promotion of the Services. All approved uses of Trademarks will inure to the benefit of Neteron and must comply with Neteron Trademark and Branding Guidelines.
3. Except for the rights expressly granted above, this RSA does not transfer from Neteron to You or Your customers any Neteron Trademarks, technology or intellectual property rights, and all rights, titles and interests in and to the Trademarks, Technology and intellectual property remain solely with Neteron.
4. You shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the Technology.
5. You shall not branch or otherwise prepare derivatives of the API.
6. You shall not copy or use the Technology except as specified in this RSA.
7. You shall not create, apply for, or otherwise procure any rights in any Trademarks or any patent or copyright interest in the Technology and any derivative thereof ("IP Interest") which IP Interest would block, impede, or make more expensive Neteron continued use and enjoyment of the Technology. If You breach the provisions of this Section, any IP Interests created thereby shall be assigned to Neteron at the point they are fixed in tangible form. You agree to execute any documents necessary to affect an assignment of any such IP Interests to Neteron without compensation.
8. You shall not use the Technology to communicate with or control a system other than one(s) designated by Neteron, and You may not access the Services using any access mechanism other than the Technology.
9. You shall not abuse the Service infrastructure. "Abuse" in the foregoing sentence means, by way of example and without limitation, any action or conduct which degrades service to other users of the shared Services and Technology.

ICANN Obligations

Pursuant to Neteron Registrar Accreditation Agreement with ICANN (a current version of which can be found here) (the "RAA") You must comply with the following terms:

1. You must not display the ICANN or ICANN-Accredited Registrar logo, or otherwise represent Yourself as accredited by ICANN unless You have written permission from ICANN to do so.
2. For the avoidance of doubt. You shall require all of Your Customers and Sub-Resellers to enter into an electronic or paper registration agreement (https://neteron.com/legal/). Without limiting the generality of anything herein, the registration agreement You use with Your customers and Sub-Resellers shall (i) include all registration agreement provisions and notices required by the RAA and any ICANN Consensus Policies, (ii) identify Neteron as the sponsoring registrar or provide a means for identifying the sponsoring registrar, such as a link to the InterNIC Whois lookup service; and (iii) explicitly authorize Neteron to act as the registrant's "Designated Agent" (as defined in ICANN's transfer policy) to approve each "Change in Registrant" (as defined in ICANN's transfer policy) on the registrant's behald. Notwithstanding the foregoingm You shall modify all "Pricing Page" hyperlinks in the Neteron Registration Agreement (https://neteron.com/legal/) to point to a pricing page on your website which publishes Your domain name registration fees, renewal fees, transfer fees, post-expiration renewal fees (if different) and redemption/restore fees. In addition, You must identify Neteron as the sponsoring registrar upon inquiry from Your customer or Sub-Resellers.
3. You must comply with any ICANN-adopted specification or policy that establishes a program for accreditation of individuals or entities who provide proxy and privacy registration services (a "Proxy Accreditation Program"). Among other features, the Proxy Accreditation Program may require that proxy and privacy registration services may only be provided in respect of domain name registrations by individuals or entities accredited by ICANN pursuant to such Proxy Accreditation Program. In such a case, You must not knowingly accept registrations from any provider of proxy and privacy registration services that is not Accredited by ICANN pursuant to the Proxy Accreditation Program. Until such time as the Proxy Accreditation Program is established, You must comply with the Specification on Privacy and Proxy Registrations
4. ICANN has published an educational webpage summarizing the terms of the RAA and related consensus policies. You must provide a link to such webpage on any website You may operate for domain name registration or renewal, such link which must be clearly displayed to Your customers at least as clearly as You link to policies or notifications required to be displayed under ICANN consensus policies.
5. You must publish on Your website(s) and/or provide a link to the Registrants' Benefits and Responsibilities and shall not take any action inconsistent with the RAA or applicable law.
6. Any other terms and conditions which come into effect through the revision of the RAA by ICANN or through the introduction of any amended or new ICANN consensus policy, whether or not Neteron gives You notice of such revisions, amendments, or new policies.

In addition to any other right to terminate set forth in this RSA, Neteron specifically has the right to immediately terminate this RSA, without notice or right to cure, in the event that You violate any terms found in this Section.

1. License by You to Neteron. In connection with providing materials to Neteron in performance of the Services, You grant Neteron a limited license to modify, adapt, incorporate with other material, and otherwise to use the materials provided by You but only to the extent necessary or useful to provide the Services as directed by You. You warrant that the materials provided by You to Neteron are Your sole property or that You have obtained appropriate licenses to the material such that Neteron use of the material in providing the Services shall not subject Neteron to a claim.
2. Restrictions on Use of Services. You must not make any representations or warranties about the Services to any of Your customers or Sub-Resellers or any other third party that are inconsistent with this RSA. You agree not to use the Services, or to allow Your customers or Sub-Resellers to use the Services for:
   1. The transmission of unsolicited email (spam);
   2. Repetitive, high volume inquires or other excessive use or abuse of the Services or Technology;
   3. Any activity which results in Neteron IP addresses being reported to spam blocking organizations or other organizations which attempt to police or monitor abuse of the Internet;
   4. Any illegal, dishonest, deceptive or unfair trade practices;
   5. Any use which fails to abide by customary industry acceptable use policies or any applicable laws.

In addition to any other right to terminate set forth in this RSA, Neteron specifically has the right to immediately terminate this RSA, without notice or right to cure, in the event that You violate any terms found in this Section 7.

1. Suspension or Termination of the Services. In addition to any other rights or remedies of Neteron herein, Neteron reserves the right to suspend performance of the Services or to preclude use of or access to the Technology in the event of an unresolved breach of this RSA or suspension or cancellation is required by any policy now in effect or later adopted by ICANN. You agree that Your failure to comply completely with the terms and conditions of this RSA and any Neteron rule or policy may be considered to be a material breach of this RSA and Neteron may provide You with notice of such breach either in writing or electronically (i.e. email). In the event You do not provide Neteron with material evidence that You have not breached Your obligations within ten (10) business days, Neteron may terminate this RSA and take any remedial action available to Neteron under the applicable laws. Such remedial action may be implemented without notice to You and may include, but is not limited to, cancelling the registration of any of Your domain names and discontinuing any Services provided to You. No fees will be refunded to You should Your RSA be cancelled or Services be discontinued because of a breach.
2. Term of this RSA and Termination. This RSA is effective for a period of one year from the date of creation of Your Account by Neteron. This RSA will then renew for an indefinite number of one-year terms. Upon at least thirty (30) days written notice (including notice via email), either party may terminate this RSA. Neteron also retains the right to terminate this RSA immediately if Neteron determines, in its sole discretion, that You, Your customers or Your Sub-Resellers have failed to comply with any term or condition of this RSA, or that Your use of the Services presents an unreasonable risk of harm to Neteron or its affiliates, the Service, other users, or members of the general public.
3. Confidentiality. During the term of this RSA and for one (1) year thereafter, each party must treat the other party's Confidential Information as confidential, and must not use such Confidential Information except as expressly permitted under this RSA. Each party shall take reasonable measures to prevent the disclosure and unauthorized use of the Confidential Information of the other party; which shall be no less than the same degree of care that such party uses to protect its own like information. Neither party will use the other's Confidential Information for purposes other than those necessary to directly further the purposes of this RSA. Neither party will disclose to third parties the other's Confidential Information without the prior written consent of the other party. For purposes of this RSA "Confidential Information" means any non-public information relating to either party's business, product plans, designs, costs, prices and names, finances, business opportunities, personnel, research development or know-how. "Confidential Information" does not include information that: (i) is or becomes publicly known or available through no fault of the receiving party; (ii) is already known by the receiving party at the time of disclosure; (iii) is independently developed or learned by the receiving party without reference to the other party's Confidential Information; or (iv) is lawfully obtained from a third party that does not have an obligation of confidentiality to the disclosing party. It is not a breach of this RSA to disclose Confidential Information of the other party pursuant to an order or requirement of a court, administrative agency, other governmental body, or securities exchange.
4. Disclaimer of Warranties. Neteron DOES NOT WARRANT THAT PERFORMANCE OF THE SERVICES OR USE OF THE TECHNOLOGY WILL BE UNINTERRUPTED, ERROR FREE, OR THAT IT WILL NOT BE NECESSARY FOR YOU TO PROVIDE NOTICE OF ERRORS TO YOUR CUSTOMERS OR SUB-RESELLERS.
5. Indemnification. You, at Your own expense, will indemnify, defend and hold harmless Neteron and its employees, directors, officers, representatives, agents and affiliates against any claim, suit, action, or other proceeding based on or arising from any claim or alleged claim (i) arising from a breach by You of any covenant, representation or warranty in this RSA, including but not limited to the ICANN Obligations set forth in Section 5; (ii) relating to any product or service of Yours; (iii) relating to Your use or Your Sub-Resellers use of the Services; or (iv) relating to Your domain name registration and related service business, including, but not limited to, Your advertising, domain name application process, systems and other processes, fees charged, billing practices and customer service; provided, however, that in any such case: (a) Neteron provides You with prompt notice of any such claim, and (b) upon Your written request, Neteron provides You with all available information and assistance reasonably necessary for You to defend such claim, provided that You reimburse Neteron for actual and reasonable costs. You shall not enter into any settlement or compromise of any such indemnifiable claim without Neteron prior written consent, which consent shall not be unreasonably withheld. You shall pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by Neteron in connection with or arising from any such indemnifiable claim, suit, action or proceeding.

Limitation of Liability

1. A material provision of entering into this RSA is that Neteron liability shall be limited as follows: In relation to each component of the Services for which a separate fee is charged, Neteron shall be liable in an amount no greater than the fees received by Neteron for performing the specific transaction(s) that gave rise to the liability. Neteron aggregate liability for all claims of any sort shall not exceed the aggregate amount received by Neteron from You over the term of this RSA. Neteron shall not be liable for any unauthorized access to, or any corruption, erasure, theft, destruction, alteration, or inadvertent disclosure of data, information, or content transmitted, received, or stored on its or any third party systems. With respect to passwords, account identifiers, and other systems used to control access to Your Account, it is Your responsibility to safeguard such passwords, account identifiers, and other systems used to control access to Your Account. As a service to You, Neteron may, but is not required to, take reasonable measures to verify the identity of parties who claim to have lost or forgotten passwords and/or account information and to then provide the information to such parties and that Neteron shall not be responsible to You for losses or claims for any inadvertent disclosure of such passwords which may result thereby. Neteron is entitled to email passwords to designated email account(s), to phone designated phone numbers, or to employ security questions as a means to verify the identity of the party entitled to control Your account.
2. EXCEPT AS EXPRESSLY PROVIDED IN THIS RSA, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES, OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS RSA, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.

Independent Contractors.

The parties to this RSA are independent contractors and have no right or authority to bind or commit the other party in any way without the other party's express written authorization to do so. This RSA does not create an employer/employee, joint venture, partnership, or agency relationship between the parties.

1. Audit. During the term of this RSA and for seven (7) years thereafter, You must maintain (a) in electronic, paper, or microfilm form, all written communications constituting registration applications, confirmations, modifications, or terminations and related correspondence with Your customers, including registration contracts; and (b) in electronic form, records of the accounts of all Your customers, including dates and amounts of all payments and refunds in conjunction with domain name registrations. Upon request, You will provide any information identified in this Section 15 to Neteron within two (2) business days and otherwise cooperate with Neteron in any compliance, regulatory or legal issue arising out of the registration of domain names. Your failure to provide any such information to Neteron within two (2) business days or Your failure to provide such cooperation will be a material breach of this RSA.
2. Assignment.You must not assign, transfer, or otherwise dispose of this RSA or any of Your rights, benefits, or interests under this RSA without prior written consent of Neteron, and any such assignment in violation shall be void. Neteron may also assign this RSA to a party which acquires the assets of Neteron which relate to performance of this RSA. Neteron may assign all or part of its rights and obligations under this RSA to its parent corporation, to a subsidiary, to its survivor in connection with a corporate reorganization, to any entity acquiring all or substantially all of its property, or to any entity into which it is merged or consolidated. No assignment of this RSA shall operate to discharge the assignor of any duty or obligations hereunder without prior written consent.
3. Taxes. Unless specified otherwise, the fees for the Service do not include taxes. If Neteron is required to pay ICANN fees or United States or international sales, use, property, value-added, royalty, license or other taxes based on the licenses granted in this RSA or on Your use of the Services, then You must pay such taxes or fees. This section does not apply to taxes based on Neteron income.
4. Force Majeure. Neither party shall be in default or liable for any loss or damage resulting from delays in performance or from failure to perform or comply with terms of this RSA (other than the obligation to make payments, which shall not be affected by this provision) due to any causes beyond its reasonable control, which causes include but are not limited to Acts of God or the public enemy; riots and insurrections; war; fire; strikes and other labor difficulties (whether or not the party is in a position to concede to such demands); embargoes; judicial action; lack of or inability to obtain export permits or approvals, necessary labor, materials, energy, components or machinery; acts of civil or military authorities; failure of telecommunications; or other casualty.
5. Governing Law and Arbitration.Customer and Company agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation. Should the parties fail to resolve any such disagreement within ten (10) days, any controversy or claim arising out of or relating to this Agreement, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in the city of Hämeenlinna-Finland. The arbitration shall be conducted by one arbitrator, who shall be (a) selected in the sole discretion of the court of Hämeenlinna and (b) a licensed attorney with at least ten (10) years experience in the practice of law and at least five (5) years experience in the negotiation of technology contracts or litigation of technology disputes. The arbitrator shall have the power to enter any award that could be entered by a judge of the city of Hämeenlinna sitting without a jury, and only such power, except that the arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of Finland or any other applicable law. The arbitrator must issue his or her resolution of any dispute within thirty (30) days of the date the dispute is submitted for arbitration. The written decision of the arbitrator shall be final and binding and enforceable in any court having jurisdiction over the parties and the subject matter of the arbitration. Notwithstanding the foregoing, this Section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.
6. Applicable Laws. You represent and warrant that You will comply with all applicable laws and regulations. Without limiting the generality of the foregoing, You represent and warrant that: (i) You will not act in any fashion or take any action that will render the Backend Service Provider or Primary Service Provider liable for a violation of any applicable anti-bribery regulation (including without limitation, the U.S. Foreign Corrupt Practices Act and the UK Bribery Act 2010); and (ii) You will comply with U.S. laws that prohibit or limit the ability of U.S. persons from directly or indirectly exporting or providing goods or services to certain persons or countries. You shall comply with all U.S. and EU export regulations if shipping to another country, including licensing requirements.
7. Additional Registry Requirements. Some registries have additional contractual requirements that you agree to by reselling domain name registration services or other services for those registries. You are responsible for reviewing any terms and conditions applicable to or provided by such registries. In addition, without limiting the generality of anything herein, the registration agreement You use with Your customers and Sub-Resellers shall include all terms and conditions required by the registries which you resell domain name registration services or other services for. Such terms and conditions linked to in Section 20 of the Neteron Registration Agreement at registration agreement.

Trademark Disputes for Domain Names

If you have a dispute regarding your trademark being used within a domain name registered through us, please refer to ICANN’s Uniform Domain-Name Dispute-Resolution Policy ("UDRP"). If you have a complaint about the use of your trademark on a website hosted by us, please use the Report Member Violations form.

Email Service Agreement

This Email Service Agreement ("Agreement") sets forth the terms and conditions between you and Neteron (referred to as "we", "us" and "our") for use of the our Email service (the "Email Service"). The Email Service is provided to individuals who are eighteen (18) years of age or older. Please take the time to review this document carefully. By completing the registration process and indicating that you have read and agreed to this Email Service Agreement ("Agreement"), you are stating that you are eligible to receive the Email Service and that you agree to be bound by all the terms and conditions set forth in this Agreement.

PRIVACY
It is our policy to respect your privacy. Please review our Privacy Policy to learn more about our policies and practices regarding your privacy while using our services.

ACCEPTABLE USE POLICY
The Email Service provided by us is intended for individuals and is for your use only. Any unauthorized resale of the Email Service provided is expressly prohibited. You are responsible for providing us with complete and accurate information during the registration process. You are responsible for abiding by all local, national and international laws and regulations. Furthermore you agree to be solely responsible for all acts and omissions carried out under your username and password, including the content of your transmissions sent through the Email Service. By using the Email Service, you agree to not engage in any inappropriate activities, which include, but are not limited to the following:

• Create a false identity for the purpose of misleading others.
• Use the service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any other duplicative or unsolicited e-mail messages.
• Interfere with another user's enjoyment of this service or other similar services.
• Collect any information about others without their prior consent.
• Attempt to gain unauthorized access to our services, other accounts, computer systems and networks connected to the Email Service through any means or attempt to circumvent any protections or security systems.
• Publish, distribute or disseminate any materials deemed to be inappropriate, profane, indecent, defamatory, infringing, obscene or unlawful by applicable law or regulations.
• Transmit or upload any materials intended to defame, harass, threaten, abuse, stalk or otherwise harm other individuals.
• Transmit or upload any harmful materials such as viruses or any other malicious programs.
• Transmit or upload any material that violate intellectual property laws, trademark and copyright laws or rights of privacy unless you own or control or own the rights to the material or have obtained the necessary permission to do so.

ABUSE
We do not tolerate abuse of our services. We reserve the right to terminate any account, which we believe, in our sole discretion, is using the Email Service to transmit spam or other unsolicited commercial messages. You agree to be held liable for any damages incurred by the abuse of our Email Service.

FEES

You agree to pay, prior to the effectiveness of the Email Service, the applicable fees for the Email Service. In the event any of the fees for the Email Services change, we will use reasonable efforts to give you thirty (30) days prior notice of such changes. All fees are non-refundable, in whole or in part, even if you the Email Service is suspended or cancelled. At our option, we may require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another.

LIMITATION OF LIABILITY

WE WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE EMAIL SERVICE, (b) USE OF THE EMAIL SERVICE, (c) INTERRUPTION OF THE EMAIL SERVICE OR INTERRUPTION OF YOUR BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE EMAIL SERVICE; (e) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (f) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (g) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT OR PASSWORD; OR (h) APPLICATION OF ANY DISPUTE POLICY. WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR EMAIL SERVICES, BUT IN NO EVENT GREATER THAN €500.00 (Euro).

DISCLAIMER OF WARRANTY
We provide the Email Service on an "as is" basis without any expressed or implied representations, warranties or conditions. We do not guarantee that that the Email Service is offered in a timely, secure, or error-free manner. To the fullest extent permitted by applicable law, we disclaim all warranties and conditions, express or implied, including but not limited to merchantability, merchantable quality, correspondence to description and fitness for a particular purpose.

INDEMNIFICATION
You agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers and employees harmless from any claim, demand, or damage including reasonable attorney's fees asserted by any third party due to or arising out of your use of or conduct on the Email Service.

TERMINATION

We have the authority to terminate all or part of the Email Service with or without cause at any time. We may terminate your account if you violate any term of this Agreement. We may terminate your account for inactivity, which is defined as failing to log in to your account for an extended period of time. If you wish to terminate your account voluntarily, you may do so by discontinuing the usage of the Email Service. Upon termination of your account, your right to use that account immediately ceases, and we have no further obligations to maintain the content in your account or to provide you any further services.

PROPRIETARY RIGHTS
All content, including but not limited to text, images, graphics, software, code or other material contained in our web site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content made available through the Email Service and all our related web sites, including all code and software.

MODIFICATIONS TO TERMS OF SERVICE AGREEMENT
We reserve the right to change or modify this Agreement at any time. In the event of a change or modification to this Agreement, we will notify you by posting an updated version of this Agreement on this web site. You are responsible for regularly reviewing this Agreement. Continued use of the Email Service after any such changes or modifications shall be taken as your acceptance to be bound by the terms and conditions set forth in the modified Agreement.

GOVERNING LAW AND JURISDICTION FOR DISPUTES
Customer and Company agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation. Should the parties fail to resolve any such disagreement within ten (10) days, any controversy or claim arising out of or relating to this Agreement, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in the city of Hämeenlinna-Finland. The arbitration shall be conducted by one arbitrator, who shall be (a) selected in the sole discretion of the court of Hämeenlinna and (b) a licensed attorney with at least ten (10) years experience in the practice of law and at least five (5) years experience in the negotiation of technology contracts or litigation of technology disputes. The arbitrator shall have the power to enter any award that could be entered by a judge of the city of Hämeenlinna sitting without a jury, and only such power, except that the arbitrator shall not have the power to award punitive damages, treble damages, or any other damages which are not compensatory, even if permitted under the laws of Finland or any other applicable law. The arbitrator must issue his or her resolution of any dispute within thirty (30) days of the date the dispute is submitted for arbitration. The written decision of the arbitrator shall be final and binding and enforceable in any court having jurisdiction over the parties and the subject matter of the arbitration. Notwithstanding the foregoing, this Section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.

GENERAL
This Agreement, together with all modifications, constitutes the complete and exclusive agreement between you and us, and supersedes and govern all prior proposals, agreements, or other communications with respect to the Email Service. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

READ AND UNDERSTOOD
Each Party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms and conditions.

Digital Millenium Copyright Act

1. The name, address, phone number, email address (if available) and physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf;
2. Identification of the copyrighted work(s);
3. Identification of the infringing material you are asking us to remove or disable, and the Internet location of the infringing material;
4. A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent or the law; and
5. A statement that the information in the complaint is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. Your signature

Please email or fax the signed notification using the following contact information:

• Email: copyright (at) neteron.com
• Phone: (+358) 442012914

Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyright. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. Neteron may respond to take-down notices by removing or disabling access to the allegedly infringing material and/or by terminating services. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the Customer and/or administrator of the affected site or content.

Neteron may document notices of alleged infringement it receives and/or on which we action is taken. As with all legal notices, a copy of the notice may be made available to the public and sent to one or more third parties who may make it available to the public.

Upon receipt of notice from Neteron that a claim of infringement has been made and/or that the material has been removed or that access to it has been disabled, the Customer may provide a counter notice.

To be effective, a counter-notice must include ALL of the following information:

• A physical or electronic signature of the Customer;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that the Customer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• The Customer’s name, address, and telephone number, and a statement that the customer consents to the jurisdiction of Hämeenlinna Finland.

Upon receiving a proper counter-notice, Neteron will take reasonable steps to restore the material in 10-14 business days unless the copyright owner commences court proceedings to prevent the restoration of the material and Neteron is informed of such proceedings.

Affiliate Agreement

To participate in the Neteron Affiliate Program, you must agree to the following:

This Affiliate Agreement ("Agreement") contains the complete terms and conditions between us, Neteron, and you, regarding your application to participate as an affiliate of Neteron ("Affiliate"), and the establishment of links from your website to our websites, neteron.com.

BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE Neteron AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

Neteron's Affiliate Agreement Definitions

"We", "Our", "Us", - "Neteron", (collectively, "Neteron")

"You", "Your" and "Affiliate(s)" - the business, individual or entity applying for participation in the Neteron Affiliate Program, or that displays Our products, services and/or promotions on its website and/or through offline representation through the affiliate tracking code in exchange for receiving remuneration from Neteron for sales resulting from such display.

"Affiliate Site" - the Affiliate's Internet site which displays Neteron Products and Services and/or promotions.

"Neteron Products and Services" - web hosting and related products and services that are available for purchase through neteron.com.

"Commission Fees" or "Commissions" - Under the Affiliate Program, subject to the terms hereof, you will be paid a Commission Fee for each Qualified Purchase by a Referred Customer that you refer to Neteron under and in accordance with this Agreement.

"Qualified Purchase" - a sale of Neteron Products and Services by Neteron, with a term of 12 months or longer, to a Referred Customer which meets the criteria set forth in Section 5 hereof.

"Referred Customer" - each new and unique customer referred from Affiliate through a Link (defined in Section below) provided by or approved by Us, which meets the criteria set forth in Section 5 hereof.

"Registration Form" - any and all order forms, Registration Forms, or other signup or acceptance form (whether online, paper, fax, or otherwise) submitted by You or, as applicable, the Referred Customer to make a Qualified Purchase.

Requirements:

• Enrollment in the Affiliate Network

To begin the enrollment process, you must submit a completed Affiliate Program Signup Form. The Signup Form can be found at https://neteron.com/.

We will evaluate Your application in good faith and will notify You of Your acceptance or rejection in a timely manner. We may reject Your application if We determine (in Our sole discretion) that Your site is unsuitable for Our Affiliate Program for any reason, including, but not limited to, inclusion of content that is, in Our opinion, unlawful or otherwise does not meet our Acceptable Use Policy located at https://neteron.com/legal

If We reject Your application, for any reason, You may not reapply to the Neteron Affiliate Program utilizing the same domain name/URL if that domain name/URL has already been rejected nor may you reapply using a different domain/URL name then add the previously rejected domain name/URL. Neteron, in its sole discretion, reserves the right to notify or to not notify any prospective affiliate of their rejection or removal from the Neteron Affiliate Program at any time.

• Promotion of Our Affiliate Relationship

If You qualify and agree to participate as an Affiliate, We will make available to You a variety of graphic and textual links (each of these links sometimes being referred to herein as "Links" or, individually, as a "Link"), which are subject to the terms and conditions hereof. The Links will serve to identify Your site as a member of the Neteron Affiliate Program and will establish a Link from Your site or e-mail to Ours. The Links may connect to any area of Our site (although commissions will only be issued on Qualified Purchases). In utilizing the Links, You agree that You will cooperate fully with Us in order to establish and maintain such Links.

You also agree that You will display on Your site only those graphic or textual images (indicating a Link) provided by Us or text messages expressly approved in advanced in writing by Neteron. All Affiliate Sites shall display such graphic and/or textual images prominently in relevant sections of their site. Furthermore, you agree not to use cookie stuffing techniques that set the affiliate tracking cookie without the Referred Customer's knowledge. (example: iframe). Any information with respect to Us that is going to be displayed on Your site must be provided by Us and expressly approved by Us in writing in advance of any display.

EXCEPT AS PERMITTED ABOVE OR IN SECTION 13 BELOW, YOU SHALL NOT AND ARE NOT AUTHORIZED TO (i) USE THE Neteron TRADEMARK, NAME OR ANY OF OUR OTHER INTELLECTUAL PROPERTY (OR ANY VARIATIONS OR MISSPELLINGS THEREOF OR OTHER TERM OR TERMS CONFUSINGLY SIMILAR TO ANY OF THE FOREGOING) (ALL OF THE FOREGOING, INCLUDING WITHOUT LIMITATION, THE "LINKS" AND THE "LICENSED MATERIALS" (DEFINED BELOW), ARE REFERRED TO HEREIN AS "OUR IP"), WITHOUT OUR EXPRESS PRIOR WRITTEN PERMISSION; (ii) USE OUR IP IN A DOMAIN OR WEBSITE NAME, IN ANY BIDS FOR KEYWORDS OR GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), IN ANY SEARCH ENGINE ADVERTISING (PAID OR OTHERWISE), IN ANY METATAGS, GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), KEY WORDS, ADVERTISING, SEARCH TERMS, CODE, OR OTHERWISE; (iii) CAUSE OR CREATE OR ACT IN ANY WAY THAT CAUSES OR CREATES OR COULD CAUSE OR CREATE ANY "INITIAL INTEREST CONFUSION" OVER THE USE OF OUR IP ON THE INTERNET OR IN ANY SEARCH ENGINE ADVERTISING. YOUR USE OF OUR IP IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER (IN ADDITION TO BEING A BREACH OF THIS AGREEMENT) SHALL CONSTITUTE UNLAWFUL INFRINGEMENT OF OUR TRADEMARKS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO CLAIMS FOR DAMAGES (INCLUDING WITHOUT LIMITATION, TREBLE DAMAGES FOR KNOWING OR WILFUL INFRINGEMENT), AND THE OBLIGATION TO PAY OUR LEGAL FEES AND COSTS IN CONNECTION WITH ANY ACTION OR PROCEEDING IN WHICH WE SEEK TO ENFORCE OUR RIGHTS UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF OUR INTELLECTUAL PROPERTY RIGHTS.

All Links may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of the parties hereto. You are not allowed to post any refunds, credits or discounts, or other content concerning Neteron, unless We have given You prior written permission in each instance. Affiliates may only use coupons and discounts that are provided exclusively through the Affiliate Program using banners and links. Each Link connecting users of Your site to the pertinent area of Our site will in no way alter the look, feel, or functionality of Our site. Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this Agreement, and may result in Your termination from the program or withholding of Commissions.

• Order Processing

We will process orders placed by Referred Customer who follow the Links from your website to neteron.com. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including Neteron service, cancellation, processing, refunds and payment processing will be our responsibility. We will track the Qualified Purchases generated by your website and will make this information available to you through our website. To permit accurate tracking, reporting, and Commission accrual, you must ensure that the Links between your website and our website are properly formatted.

• Commission Determination

Under the Affiliate Program, you will be paid a Commission Fee for each Qualified Purchase by a Referred Customer that you refer to Neteron under and in accordance with the terms of this Agreement. Each Referred Customer and each Qualified Purchase must meet the following criteria:

1. Each Referred Customer must be a new and unique visitor to Neteron and must register by completing and submitting the Registration Form using a valid and unique account and billing information.
2. Commission may not be paid for a Referred Customer that has transferred from any of our partners or subsidiaries.
3. Each Referred Customer must make a Qualified Purchase, and provide a valid payment for the purchased Neteron Products or Services. To generate a Commission Fee for you, each Referred Customer must be an active, qualified customer of Neteron and must be up-to-date in all payments at the time the Commission Fees are processed and not have been subject to a refund, credit, cancellation, suspension or chargeback.
4. Each Referred Customer must sign up in a manner, which in our sole judgment, definitively establishes that the Referred Customer was referred directly from you to Neteron under this Agreement.
5. Each Referred Customer must remain in compliance with our Terms of Service, Acceptable Use Policy and other policies that are active at the time the Commission Fees are processed.
6. Commission Fees may not be paid for the Qualified Purchase if the Referred Customer has been offered or received coupons, refunds, credits or discounts from the Affiliate or if the Referred Customer has joined a business-opportunity program (as determined by Neteron in its sole discretion) that is managed or participated in by the Affiliate, unless Neteron has provided its prior written permission.
7. If a Referred Customer has received a popup with a discounted offer, while leaving our site during their purchase, we will NOT pay commissions on purchase.

Neteron reserves the right to withhold initial Commissions Fees for Affiliates who are new to the Affiliate program, or who have commissions that are potentially fraudulent as determined by Neteron in its sole discretion, to determine the legitimacy and cancellation rates of Referred Customers.

Neteron reserves the right to suspend payment of Commission Fees at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms in this Agreement by the Affiliate or a Referred Customer(s). Neteron reserves the right to deduct from Affiliate's current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, and cancelled Neteron purchases. Where no subsequent Commission Fee is due and owing, Neteron will send Affiliate a bill for the balance of such refunded purchase upon termination of the program or termination of the Referred Customer.

Neteron, in its sole discretion, reserves the right to withhold indefinitely any Commission Fee, and/or to reverse, deny or reject any Commission Fee, for:

• Any account/sale which has not been in an approved status in good standing as an account of Neteron for a period of at least thirty (30) days.
• All commissions generated for accounts that may be fraudulent, including but not limited to the use of software that generates real and fictitious information.
• If we deem orders to be fraudulent or see a pattern of potentially fraudulent activity, including, without limitation, where there are multiple accounts from the same customer, or referral of accounts which do not comply with this Agreement. We review account information (including site content) to assess referrals.
• Altering Our Links in any way.

Referred Customers that have been offered or received coupons, refunds, credits or discounts from the Affiliate or for Referred Customers who have joined a business opportunity program that is managed or participated in by the Affiliate, unless Neteron has provided written permission.

Customers engaging in "Domain Speculation," which is determined by the identification of two (2) web hosting accounts with the same Referred Customer's name, email address, or other identifying characteristic as determined by Neteron and/or the identification of two (2) or more web hosting accounts that have no content on their websites or have similar content, templates or formatting, as determined by Neteron.

Affiliates whom we believe may be artificially submitting Referred Customers, engaging in the advertisement of business-opportunity sites (as determined by Neteron in its sole discretion), using marketing practices that we deem to be unethical or likely to attract fraudulent signups and/or signups with a very low likelihood of renewal.

Neteron reserves the right to immediately cancel or withhold for later review any Commission Fee based on the foregoing or that otherwise fails to meet the Criteria. It is the responsibility of the Affiliate to monitor the payment, denial and withholding of Commission Fees; Neteron is not obligated to actively notify Affiliates of the status of Commission Fees. If an Affiliate has a question about a Commission Fee that has been cancelled or withheld, that Affiliate has 30 days from the day the payment was due to contact Neteron to discuss or reclaim the Commission Fee. Any changes to decisions about cancelled or withheld Commission Fees are strictly at Neteron's discretion.

Commissions for any Referred Customer who is associated with any Neteron reseller, referral or other program may be removed from your payment. In other words, You may not receive double commissions or compensation.

In the event that the Referred Customers that are referred to Neteron by a specific Affiliate are determined to have an excessive cancellation rate (as determined by Neteron in its sole discretion), Neteron reserves the right to withhold or decline pending and future Commission Fees for the Affiliate.

Any attempt by an Affiliate to manipulate, falsify or inflate Referred Customers, Qualifying Purchases or Commission Fees to intentionally defraud Neteron or violation of any of the terms of this Agreement constitutes immediate grounds for Neteron to terminate this Agreement and will result in forfeiture of any Commission Fees due to you.

• Commission Fee Accrual and Payments

Subject to the terms of this Agreement, we will pay a Commission Fee equal to the specified percentage or euro amount set forth in the Commission Report in Your Affiliate Console on a Qualified Purchase by a Referred Customer which occurs during the month for which such Commission Fee is being calculated.

Commission Fees will be processed approximately 15 to 30 days after the end of the month in which they accrued as set forth below.

Commissions will accrue and only become payable once you (i) provide all relevant tax and address documentation pursuant to Section 8 below and (ii) reach a commission level of €50 (the "Commission Threshold") based on the commission rates stated on the Neteron website, all as applied only to Qualified Purchases which occurred within three (3) months of the end of the calendar month in which the Qualified Purchases occurred. For example, if you provide sign-ups which result in Qualified Purchases that meet the Commission Threshold on January 10th, you must provide all relevant tax and address documentation by April 30th of the same year in order for Commission Fees to accrue and become payable. All Qualified Purchases eligible to result in Commissions under this Section 6 must remain active and in good standing pursuant to the terms of this Agreement in order to remain eligible for accrual. Once a Commission has accrued under this Section 6, the amount of such Commission shall be due and payable to you under the terms of Section 7. Neteron reserves the right to change the Commission Threshold by amending this Agreement and will notify you for any such amendment pursuant to the terms of this Agreement.

• Payment Forms/Types

Commission Fees shall be paid based on the current information in Your Affiliate profile. Please notify us promptly of any change in your address by updating your profile information in the Affiliate console. You are responsible for informing Neteron of Your desired Payment form/type:

You are responsible for informing Neteron of Your desired Payment form/type:

• 1. You may choose to receive Commission Fees in the form of credit to your Neteron account. If you elect to receive Commission Fees in the form of account credit, a check will not be mailed. Neteron will credit your account in the amount of your Commission Fee, as defined in this Agreement;
  2. When available, You may choose to receive Commission Fees in the form of a PayPal payment. Please refer to PayPal's policy to ensure you are eligible to receive payment.

Neteron is not responsible for any third-party fees charged by PayPal, bank or other financial institute used to receive Affiliate Commission Fees.

Check payments will only be reissued within 120 days of original issue date in the case of a lost check or stop-payment request. After 120 days, the payment will be voided. Check cancellation fees may be applied.

PayPal payments will only be reissued within 120 days of original issue date in the case of incorrect PayPal address or refusal from PayPal to accept payment.

You can update or change desired payment form at any time by updating your Affiliate Profile located in the Affiliate Console. Changes to desired payment form may take up to two payout cycles to take effect.

Neteron, in its sole discretion, reserves the right to modify the terms of this Commission payment method or schedule at any time. Such changes shall take effect when posted.

Disputes: Affiliate has access to Neteron's real-time Affiliate Program statistics and activity and specifically agrees to file any tracking or commission disputes as well as any other disputes and discrepancies within 45 days after the end of the month in which the sale or event that is disputed occurred. Disputes filed after 45 days of the date on which the Qualified Purchase occurred will not be accepted by Neteron and Affiliate forfeits forever any rights to a potential claim.

• Taxes/Address Changes

It is Your responsibility to provide Neteron with accurate tax and payment information that is necessary to issue a Commission Fee to You. If Neteron does not receive the necessary tax or payment information within 90 days of a Qualified Purchase which would otherwise trigger Commission Fees, the applicable commissions shall not accrue and no Commission Fees will be owed with respect to such Qualified Purchase.

You are responsible for the payment of all taxes related to the commissions you receive under this Agreement. In compliance with U.S. tax laws, Neteron will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable threshold

You are responsible for informing Neteron about changes to postal and e-mail addresses, as well as any changes to your name, email address, contact information, tax identification number, or other personal information that will impact Neteron's ability to issue a valid Commission payment.

Any address changes must be made in the Affiliate profile in the Affiliate Console at least 15 business days prior to the end of the calendar month in order for Commission Fees for that month to be sent to the revised address.

• Reports of Qualified Purchases

You may log into your Affiliate Console to review Your click through and potential Qualified Purchases statistics on a daily basis. The potential Qualified Purchases shown in this report have not been reviewed to confirm they meet all criteria for Qualified Purchases. As such, Commission Fees may not be issued on all Referred Customers that appear in the Affiliate Console.

• Obligations Regarding Your Site

You will be solely responsible for the development, operation, and maintenance of Your site and for all materials that appear on Your site. Such responsibilities include, but are not limited to, the technical operation of Your site and all related equipment; creating and posting product reviews, descriptions, and references on Your site and linking those descriptions to Our website; the accuracy and propriety of materials posted on Your site (including, but not limited to, all materials related to Neteron Products and Services); ensuring that materials posted on Your site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal. We disclaim all liability and responsibility for such matters.

We have the right in Our sole discretion to monitor signups through Your site at any time and from time to time to determine if You are in compliance with the terms of this Agreement. If You are not in compliance We may terminate this Agreement immediately.

• Neteron Responsibilities

We will be responsible for providing all information necessary to allow You to make appropriate Links from Your site to Our site. Neteron will solely be responsible for order processing for orders/Qualified Purchases placed by a Referred Customer following a Link from Your site, for tracking the volume and amount of Qualified Purchases generated by Your site, and for providing information to Affiliates regarding Qualified Purchases statistics. Neteron will be solely responsible for all order processing, including but not limited to payment processing, cancellations, refunds and related Neteron service. Any determination made by Neteron regarding the foregoing shall be binding absent manifest error.

• Policies and Pricing

Referred Customers who buy Neteron Products and Services through the Affiliate network will be deemed to be Our Customers. Accordingly, all of Our rules, policies, and operating procedures concerning Neteron orders, Neteron service, and Neteron Products and Services sales will apply to those Customers. We may change Our policies and operating procedures at any time. For example, We will determine the prices to be charged for Neteron Products and Services sold under the Affiliate Network in accordance with Our own pricing policies. Prices and availability of Neteron Products and Services may vary from time to time, from affiliate to affiliate, and from region to region. Because price changes may affect products that You have listed on Your site, You may or may not be able to include price information in Your product descriptions. We will use commercially reasonable efforts to present accurate information, but We cannot guarantee the availability or price of any particular product or service. Please note that by signing up to be an Affiliate, You agree to both this Agreement and Our Terms of Service.

• E-mails and Publicity

You shall not create, publish, transmit or distribute, under any circumstances, any bulk electronic mail messages (also known as "SPAM") without prior written consent from Neteron for each and every day when any bulk mailing will occur. Neteron, in its sole discretion, reserves the right to reject each and every e-mail mailing. Additionally, You may only send e-mails containing an Neteron affiliate link and or a message regarding Neteron or Neteron's Affiliate Program to person(s) who have been previously contacted and whom consented to the fact that the You will be sending an e-mail containing Neteron information or information about the Neteron affiliate program. Failure by You to abide by this section, CAN-SPAM Act of 2003 or our Anti-Spam Policy , in any manner, will be deemed a material breach of this Agreement by You and foreclose any and all rights you may have to any commissions. If your account has excessive clicks in a very short period of time as determined by Neteron in its sole discretion, the Affiliate relationship may be terminated.

• Licenses and Use of the Neteron.com Logos and Trademarks

We grant you a non-exclusive, non-transferable, revocable license to access our site through the links solely in accordance with the terms of this agreement and solely in connection with such links, to use the neteron.com trademark and logo and similar identifying material relating to us (but only in the form(s) that they are provided by us) (collectively, the "Licensed Materials"), for the sole purpose of selling Neteron Products and Services on your site and as approved in advance by us. You may not alter, modify, or change the Licensed Materials in any way. You are only entitled to use the Licensed Materials to the extent that You are a member in good standing of the Neteron Affiliate Program.

You shall not make any specific use of any Licensed Materials for purposes other than selling Neteron Products and Services, without first submitting a sample to Us and obtaining the express prior written consent of Your Neteron account executive, which consent shall not be unreasonably withheld. You agree not to use the Licensed Materials in any manner that is disparaging or that otherwise portrays Neteron, any hosted member of Neteron or any Neteron employee or representative in a negative light. We reserve all of Our rights in the Licensed Materials and of Our other proprietary rights. We may revoke Your license at any time, by giving You written notice. If not revoked, this license shall terminate upon expiration or termination of this Agreement.

You grant to Us a non-exclusive license to utilize Your names, titles, and logos, as the same may be amended from time to time (the "Affiliate Trademarks"), to advertise, market, promote, and publicize in any manner Our rights hereunder; provided, however, that We shall not be required to so advertise, market, promote, or publicize the Affiliate Trademarks. This license shall terminate upon the expiration or termination of this Agreement.

• Term of the Agreement

The term of this Agreement will begin upon Our acceptance of Your Affiliate Program application and will end when terminated by either party. Either You or We may terminate this Agreement at any time, with or without cause. You are only eligible to earn Commission Fees on Qualified Purchases occurring during the term, and Commission Fees earned through the date of termination will remain payable only if the orders for the related Neteron Products and Services are not cancelled and comply with all Terms laid out in this Agreement. We may withhold Your final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Customers are legitimate as determined by Neteron in its sole discretion.

Any Affiliate who violates either this Agreement or Neteron's Terms and Conditions will immediately forfeit any right to any and all accrued Commissions Fees and will be removed from the Neteron Affiliate Program.

Neteron reserves the right to remove an Affiliate from the Affiliate Program, and to terminate or suspend this Agreement, at an time for any reason, in Neteron's sole discretion.

Without limitation, Affiliate's participation in the Program, and this Agreement, shall be deemed automatically terminated immediately and all commissions forfeited upon Affiliate's violation of any of the terms of this Agreement or of any applicable law or regulation having the force of law.

• Modification

We may modify any of the terms and conditions contained in this Agreement at any time in Our sole discretion. Such modifications shall take effect when posted on Our site. Neteron, in its sole discretion, reserves the right to notify You by e-mail and further reserves the right to withhold notification of any changes made to this Agreement. Modifications may include, but are not limited to, changes in the scope of available Commissions, Commission amounts/percentages, payment procedures, Commission Fee payment schedules, and Affiliate Program rules. If any modification is unacceptable to You, Your only recourse is to terminate this agreement. Your continued participation in the Affiliate Program following Our posting of a change notice or new agreement on Our site will constitute binding acceptance of the change.

• Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or any Neteron Products and Services sold through the Affiliate Program (including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). In addition, We make no representation that the operation of Our site will be uninterrupted or error free, and We will not be liable for the consequences of any interruptions or errors, including the tracking of information about Referred Customers during the period of interruption.

• Relationship of Parties

You and Neteron are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on Our behalf. You will not make any statement, whether on Your site or otherwise, that reasonably would contradict anything in this Section.

• Representations and Warranties

You hereby represent and warrant to us as follows:

1. This Agreement has been duly and validly executed and delivered by You and constitutes Your legal, valid, and binding obligation, enforceable against You in accordance with its terms.
2. The execution, delivery, and performance by You of this Agreement and the consummation by You of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate (i) any provision of law, rule, or regulation to which You are subject, (ii) any order, judgment, or decree applicable to You or binding upon Your assets or properties, (iii) any provision of Your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to You or binding upon Your assets or properties.
3. You are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant to Us the license to use Your trademarks in the manner contemplated herein, and such grant does not and will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to You or binding upon Your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity.
4. No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by You in connection with the execution, delivery, and performance of this Agreement or the taking by You of any other action contemplated hereby.
5. There is no pending or, to the best of Your knowledge, threatened claim, action, or proceeding against You, or any Affiliate of Yours, with respect to the execution, delivery, or consummation of this Agreement, or with respect to Your trademarks, and, to the best of Your knowledge, there is no basis for any such claim, action, or proceeding.
6. During the term of the Agreement, You will not include in Your site content that is, in Our opinion, unlawful, harmful, threatening, defamatory, obscene, harassing, racially, ethically, or otherwise objectionable or are in violation of Our Terms of Service or Acceptable Use Policy.
7. You are at least sixteen (16) years of age.
8. Each Referred Customer and each Qualifying Purchase referred or submitted by You to Us, is valid, genuine, unique and not fraudulent and meets each of the Criteria for generating a Commission Fee as provided in this Agreement.

• Limitation of Liability

WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

• Indemnification

You hereby agree to indemnify and hold harmless Us and Our subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that Our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by You herein, or (iii) any claim related to Your site, including, without limitation, its development, operation, maintenance and content therein not attributable to Us.

• Confidentiality

Each of the parties here to agrees that all information including, without limitation, the terms of this Agreement, business and financial information, Neteron and vendor lists, and pricing and sales information, shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party any obligation of confidentiality to the discloser hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver the copy of any such information (a) to any person pursuant to a valid subpoena or order issued by any court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis.

• Independent Investigation

Your application submission acknowledges that you have read this agreement and agree to be bound by all its terms and conditions. you understand that we may at any time (directly or indirectly) solicit Neteron relationships on terms that may differ from those contained in this agreement. we may also solicit Neteron relationships with entities that operate websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in the Neteron Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

• Governing Law

The laws of Finland and the City of Hämeenlinna will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought the court of Hämmenlinna and You irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without Our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce Your strict performance of any provision of this Agreement will not constitute a waiver of Our right to subsequently enforce such a provision or any other provision of this Agreement.

I INDICATE MY APPROVAL OF THIS AGREEMENT AND DESIRE TO BECOME AN AFFILIATE UNDER THESE TERMS AND CONDITIONS BY COMPLETING AND SUBMITTING THE AFFILIATE PROGRAM SIGNUP FORM, BY SUBMITTING PROPOSED REFERRED CUSTOMERS OR QUALIFYING PURCHASES TO US UNDER OUR AFFILIATE PROGRAM AND/OR BY COLLECTING AND COMMISSION FEES FROM US.

Prohibited Contend and Activities

The following statements pertain to all products and services offered by Neteron

Please read this carefully

Specific content and activities that are prohibited include, but are not limited to:

1. terrorism;
2. threatening harm to persons or property or otherwise harassing behavior;
3. compromising the security (or tampering with) system resources or accounts of other Customers or of any other Internet sites or intranet sites without the proper authorization;
4. violating local export control laws for Software or technical information;
5. the use or transmission or distribution of any data or material protected by Intellectual Property Rights without proper authorization;
6. the manufacture or use or distribution of counterfeit, pirated or illegal software or other product;
7. providing or offering compensation to End Users based on download volume, unless Customer knows – or has no reason to doubt – that such End Users are using Customer’s services only for lawful purposes and for the distribution or dissemination of their own data or material, or of data or materials for which they have the proper authorization to distribute or disseminate the same;
8. fraudulently representing products or services;
9. spamming, phishing, DoS attacks, DDoS attacks, DRDoS attacks;
10. defamation, zoophilia, child pornography, and child erotica;
11. intentionally accessing a computer system or Infrastructure structure component without authorization or exceeding authorized access levels thereof;
12. activities that may result in the placement or inclusion on a Blacklist of Customer, Customer’s IP address(es) and/or IP address(es) assigned by Neteron to Customer; and facilitating, aiding, or encouraging any of the foregoing activities.
13. Customer acknowledges that any use by Customer and/or its End Users of the Services in breach of the Acceptable Use Policy could subject Customer and/or its End Users to criminal and/or civil liability.

Electronic Message/Spam

Customer may not

1. send electronic messages that in any way is or may be in breach of applicable law;
2. send or propagate Spam and shall not allow its End Users or third parties to send or propagate Spam via Customer’s IP addresses;
3. send, propagate, or reply to Mail Bombs and shall not allow its End Users or third parties to send or propagate Mail Bombs via Customer’s IP addresses; or
4. alter the headers of electronic messages to conceal Customer’s address or to prevent receivers from responding to messages.

Customer shall refrain from any activities that may result in the placement of Customer or Customer’s IP address(es) on a Blacklist. Neteron reserves the right to charge Customer two hundred Euros (€ 200) per hour in consulting fees for any remedial actions that Neteron elects to take in the event that, as a result of Customer’s activities, Neteron’s servers or IP address(es) are placed in any third-party filtering software or Blacklist.

Adult Thumbnail Galleries/Banner Exchanges

You agree not to run a banner exchange, free adult tgp (thumbnail gallery post), or free adult image galleries on your website.

Abusive Scripts/Processes

Any script/process/etc that adversely affects the ability of any other customer to satisfactorily use their provided services is forbidden. This includes, but is not limited to, CPU-intensive CGI/PHP scripts and websites for which the scale of traffic has exceeded the acceptable limits of a shared hosting environment.

IRC Bots/Bouncers

All IRC bots and “bouncers” (bnc, etc) are forbidden.

BitTorrent software

BitTorrent protocol as a distribution method is not allowed on Neteron services.

Proxy Software

All proxy software, anonymous or otherwise, is forbidden on Neteron services.

Network Daemons

Any process that opens a network socket to accept connections from external networks is forbidden. Processes are allowed to bind to the local host only, but are held to the limitations placed on all other processes. They must not use up more than their fair share of resources and they must not interfere with any other customers’ activities.

Prohibited Uses

Users may not:

1. Utilize the Services to send unsolicited bulk and/or commercial messages over the Internet (known as “spam” or “spamming”). It is not only harmful because of its negative impact on consumer attitudes toward Neteron, but also because it can overload Neteron’s network and disrupt service to its Users subscribers. Maintaining an open SMTP relay is prohibited. Any direct action, configuration, or setting that causes excessive outbound e-mail traffic is subject to review and possible action. When a complaint is received, Neteron has the absolute and sole discretion to determine from all of the evidence whether the e-mail recipients were from an “opt-in” e-mail list, or whether the outbound e-mail traffic generated from an account is suitable for a shared hosting environment.
2. Utilize the Services to engage in the illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription.
3. Utilize the Services in connection with any illegal activity or activity otherwise prohibited by this AUP. Without limiting the general application of this rule,

Users may not:

1. Utilize the Services for or in connection with any activities or content determined by Neteron, in its sole discretion, to be related to gambling, adult, obscene or pornographic materials or content, harassment, defamation, libel and hate speech or other offensive speech or content, or for any unlawful purpose, including without limitation, fraud, money laundering, child pornography, terrorist-related activities, activities in violation of U.S. export or import laws, any executive orders, or any rules, regulations or orders issued by Office of Foreign Asset Controls (“OFAC”), infringement on rights of others, trafficking in illegal drugs, or any products or services that are prohibited under applicable law, or which Neteron determines to be controversial or disruptive to the operations of Neteron or any other User or third party;
2. Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
3. Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
4. Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws;
5. Utilize the Services to Forge or misrepresent message headers, whether in whole or in part, to mask the originator of the message; or
6. Utilize the Services in any manner that violates applicable law.
7. Use any BitTorrent tracking technology for downloads
8. The use of Botnets, or any act resulting in web browser vulnerabilities, worms or Trojan horses.
9. Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule,

Users may not:

1. Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person’s consent or (C) otherwise violates the privacy rights of any person. Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
2. Utilize the Services in connection with any other disruptive, controversial or abusive activity, as determined by Neteron in its sole discretion. Without limiting the general application of this rule,

Users may not:

1. Utilize the Services to cause denial of service attacks against Neteron or other network hosts or Internet users or to otherwise degrade or impair the operation of Neteron’s servers and facilities or the servers and facilities of other network hosts or Internet users; or
2. Post messages or software programs that consume excessive CPU time, or storage space, or network bandwidth; or
3. Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or auto responders other than for the User’s own account; or
4. Resell or allow access to or use of, any of our Services except as and only to the extent permitted in one of our authorized Reseller programs. Further, by way of expansion and not by limitation, you may not store files or other data of third parties on our servers; or
5. Utilize the Services to subvert, or assist others in subverting, the security or integrity of any Neteron systems, facilities or equipment; or
6. Utilize the Services to gain unauthorized access to the computer networks of Neteron or any other person; or
7. Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code; or
8. Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including “spoofing”) to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous re-mailers or Internet nicknames); or
9. Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services; or
10. Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator); or
11. Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or Spam; or
12. Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or Spam; or
13. Utilize the Services in any manner that might subject Neteron to unfavorable regulatory, law enforcement or other legal action, subject Neteron to any liability for any reason, or adversely affect Neteron’s public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Neteron in its sole discretion.

While on a shared hosting platform, utilize, operate, enable, execute, compile, upload or publicly store source code, executable code, programs, or software packages designed to perform tasks not directly associated with Web site/e-mail hosting, including, without limitation,

1. directly opening any listening port,
2. starting any ‘daemon’ process,
3. performing local/remote security scans,
4. simulating local shell/OS access by means of a tunneled/encapsulated connection to a remote host,
5. circumventing firewall restrictions,
6. connecting to any IRC/Peer to Peer file sharing server/network,
7. providing ‘tracker’ services to ‘BitTorrent’ clients,
8. exploiting web browser vulnerabilities, as determined by Neteron in its sole discretion,
9. Attempt to attack, disrupt, or abuse the support- and contact-related mechanisms of Neteron, including, but not limited to, telephone lines, e-mail addresses, fax lines, bulletin boards or contact/signup forms; or
10. Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.

Violations

1. Disclaimer. Neteron expressly disclaims any obligation to and does not monitor its Users and other Users with respect to violations of this AUP. Neteron has no liability or responsibility for the actions of any of its Users or other Users or any content any User may post on any Web site.
2. Reporting Non-Copyright Violations. Neteron encourages Users to report violations of this policy by e-mail to: complain (at) neteron.com, including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, Spam, illegal acts, harassment, etc.) in the “subject” field of the e-mail.
3. Reporting Copyright Violations. Neteron complies with the Digital Millennium Copyright Act (“DMCA”). Neteron encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA which information is located under the DMCA Policy of this Web site.
4. Remedies. If Neteron learns of a violation of this AUP, Neteron will respond to the applicable User and may, in Neteron’s sole discretion, take any or all of the following actions, with or without notice as it deems necessary or appropriate in accordance with the severity and duration of the violation:
   • Warning the User: and/or
   • Suspending the offending User from the Services; and/or Terminating or cancelling, or disconnecting the offending User from, the Services; and/or
   • Imposing fees or charges on the offending User account in accordance with the applicable service contract; and/or
   • Removing the offending content; and/or
   • Taking other action in accordance with this AUP, the applicable service contract or applicable law.

Reservation of Rights

Neteron reserves the right to cooperate with and provide any and all User information and data to appropriate legal authorities in investigations or reporting of claims of illegal activity involving Neteron’s Services. Neteron reserves all other rights to respond to violations of this AUP to the extent of applicable law and in accordance with any applicable contractual obligations. Neteron may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this AUP and each User agrees that Neteron is authorized to monitor its communications through Neteron’s network for such purposes.

Neteron Abuse Report Form

Please use this form to report any type of unauthorized activity that you believe is occurring on our network. If anything is against our Terms of Service please let us know. You can also email us at

abuse (at) neteron.com.

We take abuse of our network very seriously. Each and every abuse complaint is reviewed.

• You may be contacted regarding this complaint.
• If you have any questions you can check out our Neteron policies and our terms of service

Please include any information you considered helpful like: