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App Terms & Conditions

Third party application terms and conditions

What some words mean

So that we can be completely clear, here are some words we use which have specific meanings:

  • “Account Holder” means a sole trader or company which has a FreeAgent account (generally this will be you business, or if you are an accountant, the business which you are advising);
  • “FreeAgent account” means a current subscription to The Service;
  • “The Service” means our FreeAgent software which is accessed and used via our password protected websites;
  • “us” “we” and “our” refers to Free Agent Central Limited, a company registered in Scotland with registered number SC316774 and having its registered office at Quartermile Two, 2 Lister Square, Edinburgh, Scotland, EH3 9GL;
  • “you” means you, the person who accesses and uses this website and/or The Service; and
  • “your Data” means any data entered or uploaded by you while using The Service.

Creating and accessing a FreeAgent account

How to apply: In order to access and use The Service, a FreeAgent account must first be created. You can apply for a FreeAgent account by launching FreeAgent from MyBusinessWorks.

Formation of a contract: At that point a legally binding contract will be created between the Account Holder and us. If you apply for a FreeAgent account to be created, you must therefore ensure that you are authorised to enter into this contract for and on behalf of the Account Holder. The contract will be concluded in the English language and the provisions of these Terms of Service shall govern our agreement with the Account Holder and you.

Errors in information you gave us: If you made any mistakes in the details you gave to us when applying for a FreeAgent account, these errors can be corrected by accessing The Service and using the “edit” function on the “Company Details” or People” pages.

Refusal to create an account: We reserve the right, at our discretion, not to accept an application to create a FreeAgent account. This may be due to technical constraints, because you or your business has been banned by us from using The Service or for any other reason. No charge will be made by us for declined applications.

How to access the account: You will not be able to access and use The Service without a username and password for a FreeAgent account or a username and password for MyBusinessWorks. There are two ways you can obtain the FreeAgent account username and password:

  • Once a FreeAgent account has been created, we will issue the initial user (whose details were provided to us when the account was applied for) with a username and password.
  • Additional users can obtain their own usernames and passwords if the initial user accesses The Service and uses the “New User” function on the “People” page. (Some subscription packages may have limitations on the number of additional users which can be added – please check our Pricing Page for details.)

Your rights

Your rights: If the business you represent (or which you are advising) is an Account Holder and you are authorised by it to use The Service, we grant you a non-transferable, non-exclusive licence to use The Service in accordance with these Terms of Service.

Conditions: The above licence is strictly subject to compliance with these Terms of Service by you (and by the Account Holder whose FreeAgent account you are accessing and by all other users of that FreeAgent account.)

Your obligations

You must:

  • only access an Account Holder’s FreeAgent account by using a password and username which that Account Holder authorises you to use; and
  • only use The Service on behalf of the Account Holder whose FreeAgent account you are accessing and solely for money management purposes relating to that Account Holder’s own business which are legal.

You must not:

  • do anything which could reasonably be expected to damage, disable, overburden, or materially impair The Service or our website generally or which is likely to interfere with any other party’s use or enjoyment of The Service;
  • question or dispute our ownership of the intellectual property rights in The Service;

Security: The Account Holder is ultimately responsible for administering and safeguarding any passwords created to control access to its FreeAgent account: please keep any password issued to you secure.

Paying for The Service

Fees for multiple accounts: If you would like to use The Service to manage more than one business, you will need to sign up for multiple accounts and pay the subscription fee charged by us for each additional Free Agent account.

Our VAT number is: 916 3863 08

Who owns what

Rights in your data: The Account Holder has sole responsibility for the accuracy and reliability of your Data. The Account Holder retains ownership of any copyright, trade marks, database rights and any other intellectual property rights it has in your Data (such as rights in its logo, for example.) Intellectual property rights in your Data will not be transferred to us. We reserve the right to disclose your Data to law enforcement officials in the investigation of fraud or other alleged unlawful activities but otherwise we will only use your Data to provide The Service.

Rights in our software and our website: All copyright, database rights, trade marks and other intellectual property rights in The Service (including any such rights in our website) are either owned by or licensed to us and nothing in these Terms of Service shall transfer any ownership rights to you or to the Account Holder.

Closing a FreeAgent account

Suspension and closure by us: If you (or any other user of the Account Holder’s FreeAgent account) fails to abide by these Terms of Service, or if payment of the subscription fees is not paid on time, we reserve the right to suspend your access to The Service or permanently cancel the Account Holder’s FreeAgent account. If we withdraw access to The Service because these Terms of Service have been breached, no refund will be payable by us. We also reserve the right to close any FreeAgent account (including during any “free trial” or “beta trial” period) for any reason, by giving one months notice.

Disclaimer

IMPORTANT: This section restricts the extent to which we are liable for any losses which may be suffered in connection with your use of The Service. It also requires the Account Holder to compensate us for any loss we suffer as a result of your failure to comply with these Terms of Service.

No guarantees: We make no guarantee that The Service will be suitable for your intended use, neither do we guarantee that it will be error-free, timely, reliable, entirely secure, virus-free or available, especially since we are dependent on the reliability of the Internet and your use of your own computer to access The Service. We will try to keep disruptions to a minimum but we may suspend The Service from time to time to carry out maintenance and support work and to investigate unauthorised use. The Service is not a substitute for a professional accountant and any information presented does not constitute accounting advice.

Exclusion of our liability: You use The Service entirely at your own risk. We do not restrict our liability (if any) for personal injury or death resulting from our negligence, for fraud committed by us or for any matter which it would be illegal to limit or to attempt to restrict. We exclude all other liability and responsibility for any amount or kind of loss or damage arising in connection with The Service (even if we have been advised of their possibility.)

Limitation of our liability: Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to The Service (or to our website generally) shall not exceed an amount equal to the subscription fees which the Account Holder has paid to us in the previous month. Liability to us: If you access The Service using a password created to control access to the Account Holder’s FreeAgent account, then the Account Holder shall be held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you. Otherwise, you shall be personally be held liable for any reasonable costs and expenses incurred by us as a result of breach of these Terms of Service by you.

General legal matters

Changes to this contract: We reserve the right to change these Terms of Service from time to time and therefore we may impose new or different terms and conditions on your use of The Service. These additional terms will be posted here on our website and will be effective from the Account Holder’s next monthly subscription renewal. Your continued use of The Service will be deemed to constitute acceptance by the Account Holder of all of the new terms. These Terms of Service may not otherwise be changed without our written consent.

Transfer of rights & obligations: We shall be entitled to transfer our rights and/or obligations under these Terms of Service to another party. Neither you nor the Account Holder may transfer any of your rights or obligations under these Terms of Service without our written consent.

Waiver and severability: If either you or we ignore any breach of these Terms of Service, it doesn’t mean that any further breach cannot be enforced. Similarly, if any part of these Terms turn out to be invalid or unenforceable for some reason, then it will be replaced with a provision which, as far as possible, achieves the same purpose as the original, and the remainder of the agreement will still be binding.

Resolving disputes: These Terms of Service shall be governed by and interpreted in accordance with Scots law. If any party wants to take court proceedings in relation to The Service, it must do so in Scotland. You are responsible for compliance with any applicable laws of the country from which you use or otherwise access The Service.

What this agreement is about

1.1.This agreement describes how you may use Sage One and is made up of these terms and conditions and our privacy policy.

1.2.If you have subscribed to Sage One Accountant Programme (“Sage Accountants”), this agreement describes how you and your own clients may use Sage One and this agreement applies in addition to the terms and conditions of the Sage Online Accounting Programme. If there is any difference between this agreement and a term in the Sage Online Accounting Programme terms and conditions or (where appropriate) your Sage Accountants Club Membership Agreement, the terms of this agreement will take precedence in relation to your operation and use of Sage One.

1.3.We may change the terms of this agreement and our privacy policy at any time. We will make reasonable efforts to communicate any changes to you via a notification on Sage One or by sending an email to your user address, but it is up to you to ensure that you regularly check, read, understand and agree to the most recent version of this agreement and our privacy policy as you will be deemed to accept all updates if you continue to access Sage One.

Who this agreement is between

2.1.This agreement is between: you, the person or organisation authorised to use Sage One; and us, Sage (UK) Limited (company registration number 1045967, VAT number GB 555909605, registered office: North Park, Newcastle upon Tyne NE13 9AA, United Kingdom) if you subscribe to Sage One in the United Kingdom or Sage Hibernia Limited trading as Sage Ireland (company registration number 300549, registered office: Unit 3093, Lake Drive, Citywest Business Park, Dublin 24) if you subscribe to Sage One in the Republic of Ireland.

2.2.By entering into this agreement, we both agree to be bound by and keep to it.

How you accept this agreement, and when this agreement starts

3.1.You accept every term of this agreement, and this agreement starts, from the earliest date you tick a box or click on a button (or something similar) when Sage One asks you to confirm that you accept this agreement.

3.2.This agreement will continue until terminated in accordance with paragraph 14.

3.3.If you don’t accept this agreement, you should contact us or your accountant immediately and you should not use Sage One.

Your rights to use Sage One and your obligations

4.1.If you accept this agreement and pay the relevant fees (where applicable), we give you the right to use Sage One in the way described in this agreement. You may not use Sage One in any other way.

4.2.You must only use Sage One for your internal business purposes and only input your own information into Sage One, unless you are a Sage Accountant. Sage Accountants may link to their client’s Sage One services for the purposes of inputting and analysing data on behalf of such clients (where the client permits this) and for making the Sage One service available to them.

4.3.All rights of ownership of the information you or a Sage Accountant inputs into Sage One remain yours but your access to this information is dependant upon you or a Sage Accountant paying the applicable subscription fee. We follow good industry practice to prevent data loss; however, you must keep copies of any information inputted into Sage One (or generated by it) as we cannot guarantee that your information will not be lost or damaged.

4.4.You cannot transfer your Sage One subscription to any other person or organisation. For example, you cannot sell it if you no longer want to use Sage One, or if you become insolvent an insolvency practitioner may not pass on your Sage One subscription (including your sign-in information) as part of your business’s assets.

4.5.You must comply with all applicable laws and legislation in respect to your use of Sage One.

4.6.You acknowledge that we are not your accountant and Sage One should not substitute professional accountancy advice.

4.7.Some features of Sage One rely on integration with other Sage products and services (such as Sage Pay) or provide access to technology, information or services not provided by us (including the HM Revenue & Customs and website even though they may look like Sage operates these technologies or services) together “Additional Services”. It is your responsibility to decide whether or not to access and use Additional Services and if you choose to do so you must agree to the separate applicable terms and conditions presented to you by Sage or the third party. If there is a conflict between any of the terms of this agreement and the Additional Services terms, the Additional Services terms will apply in relation to your use of the Additional Service in question. Except where paragraph 13.3 applies, we are not responsible for any issue with any third-party technology, information and/or services and will not be liable for those issues. We may withdraw access to such third party technology, information or services via Sage One at any time and without notifying you.

Setting up a Sage One account directly with Sage

5.1.We will give you your sign-in details and passwords to enable you to use Sage One (the “sign-in information”) once you have registered with us.

5.2.Following registration we will send you an email confirming the duration of your free trial period (if any). If you continue to use Sage One following your trial period, you will pay the applicable subscription fee directly to us via the payment method specified during registration or via any different payment method we notify to you from time to time until either you or we end this agreement in one of the ways set out in paragraph 14.

5.3.We may increase the subscription fee for Sage One at any time by giving you not less than 30 days’ notice and such an increase will take effect from your next payment date after this notice period has ended.

5.4.Using functionality within Sage One you can provide your accountant to access your Sage One account provided that your accountant has subscribed to the Sage Online Accounting Programme. If you choose to do this, we cannot accept any liability for the actions of your accountant including their access to your Sage One account. You can withdraw your accountant’s access to your account at any time.

Setting up a Sage One account through a Sage Accountant

6.1.If your Sage Accountant sets up your Sage One account for you it will automatically link your account to its own account. In this instance you will pay your Sage Accountant and not us, for your use of Sage One and your Sage Accountant will manage your Sage One account. You will be unable to withdraw your Sage Accountant’s access to your Sage One account.

6.2.We cannot accept liability for the actions of your Sage Accountant including its access to your Sage One account.

Use of Sage One

7.1.You are solely responsible for obtaining and maintaining your internet and network connections and any associated problems are your responsibility.

7.2.We will take reasonable steps to make sure that Sage One is free from viruses but we cannot guarantee this. We recommend that you use your own virus-protection software as we will not be responsible for any loss or damage caused by any viruses or other harmful technology that may infect your computer systems, data or other material owned by you.

7.3.We cannot guarantee that Sage One will be compatible with your web browser or computer set-up or that your access to Sage One will be uninterrupted (this may be beyond our control).

7.4.You are responsible for controlling who can access your Sage One account. We advise that you don’t allow anyone else to use your sign in information and change your password at regular intervals.

7.5.From time to time we may temporarily suspend access to Sage One, for maintenance, repairs or other reasons. We will try to do this outside normal business hours and provide notice in advance but this might not be always be possible.

Restrictions on your use of Sage One

8.1.The following list gives examples of things you must not do with Sage One:

  • 8.1.1.you must not introduce any viruses or harmful technology to Sage One;
  • 8.1.2.you must not try to gain unauthorised access to Sage One or any underlying technology;
  • 8.1.3.you must not try to affect the availability of Sage One to our users (sometimes called ‘a denial-of-service attack’);
  • 8.1.4.unless you are a Sage One Accountant, you must not give anyone else any right (of any kind) to use or benefit from Sage One in any way or provide Sage One to others. For example, you cannot use Sage One with someone else’s information to provide a service to them;
  • 8.1.5.you may not use Sage One to help you develop your own software. For example, you must not use or copy all or any part of Sage One’s ‘graphical user interface’, ‘operating logic’ or ‘database structure’ for it to be part of, or to develop, any software or other product or technology, unless that use or copying is allowed by law;

8.2.It is impossible to provide an exhaustive list of exactly what constitutes acceptable and unacceptable use of Sage One. In general, we will not tolerate any use which damages or is likely to damage our business or reputation, the availability or integrity of Sage One or which causes us or threatens to cause us to incur any legal, tax or regulatory liability.

What we will do with your details

9.1.You agree to give us, when asked, the information we need in order to complete your registration to use Sage One. Without this information we cannot give you access to Sage One.

9.2.We will use any information you or your accountant gives us under this agreement to:

  • 9.2.1.manage how you use Sage One;
  • 9.2.2.meet our obligations under this agreement or any other agreement we have with anyone who licenses us (our licensors) or our subcontractors;
  • 9.2.3.contact you to see if you would like to take part in our customer research;
  • 9.2.4.contact you about our other products and services and those of others which we think you will be interested in (if we do contact you in this way, we will try to speak to the relevant person in your organisation, and we may contact you directly, or use other organisations which we have hired to contact you for us).

9.3.We may give information to other companies in our group of companies, our licensors and contractors, and other organisations described in relevant documents. For example, we may give information to the following:

  • 9.3.1.your accountant (if you have one)
  • 9.3.2.our training providers
  • 9.3.3.companies which we use to help us send you post and other communications
  • 9.3.4.research companies
  • 9.3.5.event organisers
  • 9.3.6.The Sage Group plc (which owns us)

If you give us information which could give away the identity of a living person, you are agreeing that we can use it as described above. If at any time you do not want us to use such information in the manner described under clauses 9.2.3 and 9.2.4 above, please call us in the UK on 0845 111 66 11 or in the Republic of Ireland on 1890 812811 or email us at support@sageone.com. For more information on how we use information about you, see the privacy policy on our website at www.sageone.com.

9.4.If you provide us with personal data (which in summary is data which enables a living individual to be identified – see www.ico.gov.uk for more details)you promise that you have the right to give it to us for the purposes envisaged by this agreement and we will process that data in accordance with applicable data protection legislation and our privacy policy (which can be viewed at http://www.sage.co.uk/legal/privacy_policy.aspx or from the link on your Sage One Account in the UK or in Ireland at http://sage.ie/about/tcs—sage-ireland.aspx). You agree and authorise us to use your data as described in this agreement.

Technical support and how we may access your Sage One account

10.1.During the period of your subscription, we aim to give you 24-hour technical support 7 days a week (although there may be times where we are unable to do this for reasons outside our control) covering problems you may have using Sage One. We may provide this by telephone, email, web-chat, remote assistance (where we will access your account and data online) or self-help online support as described in the Help Section of Sage One. You grant us the right to access your systems to provide such support.

10.2.We will not give you technical support or other assistance for any hardware, third-party software or other equipment used with Sage One.

Intellectual Property Rights

11.1.Although you have rights to use Sage One as described in paragraph 4, you do not own any of the intellectual property rights in Sage One. We (or the third party from whom we obtain our rights if we are not the owner) continue to own the intellectual-property rights in Sage One, including any software we provide to replace all or part of Sage One. The only rights you have to Sage One are as set out in this agreement.

11.2.We own the rights to Sage One and any related logos. Other owners own the rights in any third-party software and their logos. By allowing you to use Sage One, we do not give you ownership of any of those rights or logos, and the rights you have to use Sage One and any third-party software, and any related logos, are as described in this agreement.

11.3.You undertake not to use Sage’s name or brand in any promotion or marketing or announcement without our prior written consent.

Our promises relating to Sage One

12.1.Whilst we aim to provide uninterrupted use of Sage One, unfortunately we can’t guarantee this. For example, some interruptions may be caused by reasons outside our control. In those circumstances, we will not be responsible for any failure to perform our obligations in this Agreement, and we will be excused from that failure for so long as those circumstances continue. Wherever possible, we will provide advance warning on Sage One or by email of any known or planned interruptions and we will try to keep any interruption as brief as possible.

12.2.We do not promise:

  • 12.2.1.that Sage One will meet your own needs;
  • 12.2.2.that you will be able to use Sage One in any particular way;
  • 12.2.3.that you will get particular outputs from Sage One;
  • 12.2.4.the standard of the results you get from using Sage One; or
  • 12.2.5.that, where you use our technical support services, we will be able to fix your problem or remedy your issue. The fact that you have told our representative about how you intend to use Sage One will not affect this paragraph as Sage One has been developed for many different types of users, and you are responsible for setting up Sage One so that you can use it in the way you need, and as best suits your circumstances.

12.3.We promise that we will use our reasonable skill and care to provide any service to you under this agreement.

12.4.This agreement describes all of our promises relating to Sage One. Unless this agreement says otherwise, we are not bound by any other contract terms, warranties or other type of promise. If, under any law, a particular term, warranty or other type of promise relating to Sage One would automatically be included in this agreement, we will only be bound by that term, warranty or promise to the extent set by law.

Our liability and responsibility to you if something goes wrong

13.1.Our liability (including for negligence) under this agreement will be limited to paying you an amount equal to the total of all fees you paid for the subscription to use Sage One in the preceding 12 month period.

13.2.We will not be responsible for any of the following, even if we knew or should have known there was a possibility you could experience the problem:

  • 13.2.1.loss of or damage to data/information inputted by you into Sage One.
  • 13.2.2.any interruption to your business or damage to information, however that interruption or damage is caused.
  • 13.2.3.loss or damage which we could not have reasonably known about at the time you entered into this agreement.
  • 13.2.4.losses you suffer as a result of using Sage One other than as described in the relevant documents.

13.3.Nothing in this agreement will prevent or limit your or our liability for:

  • 13.3.1.fraud;
  • 13.3.2.death of or personal injury to any person as a result of our negligence; or
  • 13.3.3.any other matter we cannot limit or exclude under applicable law.

13.4.Your and our responsibilities under this agreement are reasonable because they reflect that:

  • 13.4.1.we cannot control how, and for what purposes, you use Sage One;
  • 13.4.2.we have not developed Sage One specifically for you; and
  • 13.4.3.although we follow good industry practice, it is not economically possible for us to carry out all the tests necessary to make sure there are no problems with Sage One.

How this agreement may be brought to an end and what happens on termination

14.1.We may end this agreement immediately if we do not receive your subscription fee or any other fees due to us under this agreement by the relevant due date.

14.2.We may end this agreement at any time on giving you at least thirty days’ notice and if we do, we will refund to you any amounts you have paid in advance for the applicable subscription period calculated from the date of termination.

14.3.You may end this agreement at any time by sending us an email to support@sageone.com or by notifying your accountant (where your accountant has set up your Sage One account). If you do this, we will not give you a refund for any amounts you have paid in advance for the applicable subscription period, and you must immediately pay all amounts you owe us by the date this agreement ends. If you continue to use Sage One after the expiry of any subscription period we will be entitled to charge you for such use at our then current applicable fees.

14.4.If you choose not to pay the subscription fee to continue to use Sage One at the end of any trial period your access to Sage One will immediately end.

14.5.If you or we discover that the other has done something which is not allowed by this agreement, or has not done something that must be done, the one who discovered the situation can give the other notice that the matter must be put right within 30 days. If the matter is put right in that time, no further action will be taken. If it is not put right in that time, the person who discovered the situation can then end this agreement by giving the other written notice that this agreement will immediately end.

14.6.This agreement will automatically (i.e. without us having to tell you) and immediately end without refund if you or your Sage Accountant become bankrupt (or something similar happens) or your business or that of your Sage Accountant is not able to pay its debts, stops trading or becomes insolvent (or something similar happens). In those circumstances we will have no further obligation to you under this agreement and any monies due from you will become immediately due and payable.

14.7.No matter how this agreement ends, the information you store in Sage One remains your information and you can access it in a format provided by Sage One before the end of the agreement. If you don’t, this will not prevent this agreement from ending and your information will no longer be accessible.

14.8.In addition to our rights to end this agreement, we may also suspend the provision of services to you at any time if we do not receive payment in full when due or if we suspect that you or your Sage Accountant has breached any part of this agreement.

14.9.Where we suspend or terminate the services under paragraph 14, we may at our discretion agree to reactivate your account subject to you paying to us a reactivation fee.

What else do you need to know?

15.1.If a court or similar body decides that any wording in this agreement cannot be enforced, that decision will not affect the rest of this agreement, which will remain binding on both parties. However, if the wording that cannot be enforced could be enforced if part of it is deleted, we will both treat the relevant part of the wording as if it is deleted.

15.2.If you or we fail to, or delay in, exercising any rights under this agreement, that will not mean that those rights cannot be exercised in the future.

15.3.This agreement and the documents we refer to above constitute is the entire agreement between you and us for your use of Sage One, and replaces all documents, information and other communications (whether spoken or written) between us for such use.

15.4.We may transfer this agreement to another organisation which is part of our group of companies at any time.

15.5.A person who is not a party to this agreement has no right to enforce any term of it.

15.6.Where either party is required to notify the other party by email, the party shall be deemed to have received the email on the first business day following transmission.

Which laws govern this agreement?

If you subscribe to Sage One in the United Kingdom, this agreement is governed by the laws of England and you and we both agree that the courts of England will be the only courts that can decide on legal disputes or claims about this agreement. If you subscribe to Sage One in the Republic of Ireland this agreement is governed by the laws of Ireland and you and we both agree that the courts of Ireland will be the only courts that can decide on legal disputes or claims about this agreement.

TERMS OF SERVICE

Welcome to LivePlan, a web-based tool that is owned and operated by Palo Alto Software, Inc. and which enables you to write your business plan online. LivePlan is at times referred to in these Terms of Service as “The Service.”

Prior to using LivePlan, and before you may set up a LivePlan account, you must read and agree to these LivePlan Terms of Service. Your use of LivePlan is governed by these Terms of Service. By visiting and/or using and/or establishing an account at LivePlan, you (“User”) agree to be bound by and comply with the terms and conditions contained herein.

THESE TERMS OF SERVICE COMPRISE A BINDING LEGAL AGREEMENT BETWEEN YOU AND PALO ALTO SOFTWARE, INC. PLEASE REVIEW THIS AGREEMENT CAREFULLY.

BY CLICKING ON THE “ACCEPT” BUTTON YOU ARE ACCEPTING TO BE BOUND BY THESE TERMS OF SERVICE, AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). CLICKING ON THE “ACCEPT” BUTTON IS THE SAME AS SIGNING A HARDCOPY CONTRACTUAL AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, YOU SHOULD CLICK ON THE “I DO NOT ACCEPT” BUTTON.

1. The LivePlan Service

LivePlan is a web-based service available at www.liveplan.com that allows you to use software developed and owned by Palo Alto Software, Inc. and offered as a software as a service in order to create, upload, store, transmit, disseminate, print and otherwise distribute business plans (herein, “Content”). Your use of The Service is at your own risk. The Service is provided on an AS IS and AS AVAILABLE basis.

2. Privacy.

Your privacy is important to Palo Alto Software, Inc. Palo Alto Software, Inc.’s Privacy Policy (which is available through LivePlan) is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information relating to Palo Alto Software, Inc.’s collection, use, and disclosure of your personal information.

3. Modification of these Terms.

When using LivePlan, any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time. All such Guidelines and rules are hereby incorporated by reference into these Terms of Service. Palo Alto Software, Inc. may, in its sole discretion and at any time, modify or revise these Terms of Service and policies at any time; by using The Service you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement and these Terms of Service, you may not use The Service.

4. Use of The Service

You are responsible for your own communications and communications to and from your account with The Service, and for all Content sent to and from your account, stored under your account, and activity that occurs under your account (even when Content is posted by others who have access to your account) and for any consequences thereof or arising therefrom. You agree that you will use The Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (a) use the Service to upload, store, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Palo Alto Software, Inc.; (b) upload, store, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (c) prevent others from using The Service; or (d) use The Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement and your account with LivePlan, and may subject you to state and federal penalties and other legal consequences. Palo Alto Software, Inc. reserves the right, but shall have no obligation, to investigate your use of The Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

5. Content of the Service, Ownership and Intellectual Property Rights.

Palo Alto Software, Inc. takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Palo Alto Software, Inc. have any obligation to monitor such third party content. Palo Alto Software, Inc. reserves the right at all times to remove or refuse to distribute any Content on The Service, such as content which violates the terms of this Agreement. Palo Alto Software, Inc. also reserves the right to access, read, preserve, and disclose any information and Content as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Palo Alto Software, Inc., its users and the public. Palo Alto Software, Inc. will not be responsible or liable for the exercise or non- exercise of its rights under this Agreement.

The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of LivePlan provided and owned by Palo Alto Software, Inc. are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws and are the property of Palo Alto Software, Inc. or its subsidiaries or affiliated companies and/or third-party licensors. Except as may otherwise be noted, all trademarks, service marks, and trade names are proprietary to Palo Alto Software, Inc. or its affiliates and/or third-party licensors.

Palo Alto Software, Inc. does not claim any ownership in any of the Content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your LivePlan account.

6. User Representations and Warranties.

You are solely responsible for your Content and the consequences of uploading, storing, transmitting or otherwise distributing Content to and/or from your account. Except as set forth herein, Palo Alto Software, Inc. will not use any of Content for any purpose except to provide you with The Service.

By uploading, storing, transmitting or otherwise distributing Content, you affirm, represent, and warrant that:

a) the Content does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, or libel any other person; and

b) the Content does not contain any viruses, adware, spyware, worms, or other malicious code.

Violators of any third-party rights may be subject to criminal and civil liability. Palo Alto Software, Inc. reserves all rights and remedies against any Users who violate these Terms of Service.

7. Content Disclaimer

You understand that when using LivePlan you may be exposed to Content from a variety of sources, and that Palo Alto Software, Inc. is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Palo Alto Software, Inc. with respect thereto. Palo Alto Software, Inc. does not endorse any Content or any opinion, recommendation or advice expressed therein, and Palo Alto Software, Inc. expressly disclaims any and all liability in connection with Content.

8. Statement of Policies

Palo Alto Software, Inc. disclaims any and all liability in connection with or arising from Content uploaded, stored, transmitted or otherwise distributed by User. In the event Palo Alto Software, Inc. receives any information or notice that any Content uploaded, stored, transmitted or otherwise distributed by User violate these Terms of Service or infringes any copyright, trademark, or patent, or is alleged to infringe any copyright, trademark, or patent, Palo Alto Software, Inc. reserves the right to immediately remove the Content without notice to the User and without any obligation to investigate an allegation of infringement. Palo Alto Software, Inc. further reserves the right in its sole and unfettered discretion to remove for any reason whatsoever and at any time, any Content uploaded, stored, transmitted or otherwise distributed by a User, without prior notice to User.

Palo Alto Software, Inc. further reserves the right to terminate User access to the LivePlan website in the event User violates these Terms of Service.

9. Prohibited Activities; Enforcement of Policies

By agreeing to these Terms of Service you agree not to:

a) except as expressly permitted herein, use The Service for any purposes other than to access and use LivePlan as such services are offered by Palo Alto Software, Inc.;

b) share a single login with multiple people. Your login may be used by only one person, but you may create separate logins for as many others as you desire;

c) block ads if you are a free account user;

d) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access LivePlan accounts of others without permission, forge another persons’ digital signature or identity, misrepresent the source, identity, or content of information transmitted via LivePlan, or perform any other similar fraudulent activity;

e) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of LivePlan. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;

f) use LivePlan for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

g) defame, harass, abuse, threaten or defraud Users of LivePlan, or collect, or attempt to collect, personal information about Users or third parties without their consent;

h) use LivePlan if you are not legally competent to do so;

i) remove, circumvent, disable, damage or otherwise interfere with security-related features of LivePlan or User Content, features that prevent or restrict use or copying of any content accessible through LivePlan, or features that enforce limitations on the use of LivePlan or User Content;

j) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of LivePlan or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

k) modify, adapt, translate or create derivative works based upon LivePlan or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

l) intentionally interfere with or damage operation of LivePlan or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

m) use any robot, spider, scraper, or other automated means to access LivePlan for any purpose or bypass any measures Palo Alto Software, Inc. may use to prevent or restrict access to LivePlan;

n) interfere with or disrupt LivePlan or servers or networks connected to LivePlan, or disobey any requirements, procedures, policies or regulations of networks connected to LivePlan.

Palo Alto Software reserves the right to scan all Content to ensure compliance with these Terms of Service. In the event Palo Alto Software determines, in its sole discretion, that your use of LivePlan is in violation of these Terms of Service, Palo Alto Software shall have the right without recourse by the User to immediately terminate your account.

10. User Indemnifications and Hold Harmless

User agrees to defend, indemnify and hold harmless Palo Alto Software, Inc., its affiliated companies, officers, directors, employees and agents from and against all claims, demands, suits, costs, damages, and expenses, including but not limited to attorneys’ fees and reasonable settlements that Palo Alto Software, Inc. may sustain or incur by reason of (a) use of LivePlan website, (b) breach, alleged breach or violation of the foregoing warranties, representations and covenants, (c) any violation of any third party right arising from User Content submitted by User, (d) any claim that any User Content submitted by User caused damage to a third party, or (e) any other violation of these Terms of Service. User’s obligation to defend, indemnify and hold harmless Palo Alto Software, Inc. shall survive these Terms of Service and LIVEPLAN.

11. Disclaimer of Warranties

USE OF LIVEPLAN SHALL BE AT USER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PALO ALTO SOFTWARE, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH LIVEPLAN AND USE THEREOF. PALO ALTO SOFTWARE, INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF WEBSITE CONTENT, (ii) PERSONAL INJURY OR DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO AND USE OF LIVEPLAN, (iii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH LIVEPLAN WEBSITE BY ANY THIRD PARTY, AND/OR (iv) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA LIVEPLAN.

PALO ALTO SOFTWARE, INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH LIVEPLAN OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. PALO ALTO SOFTWARE, INC. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN A USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

12. Limitations of Liability

USER AGREES NOT TO HOLD PALO ALTO SOFTWARE, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS LIABLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL, INCURRED AS A RESULT OF USER’S USE OF LIVEPLAN, (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND USE OF LIVEPLAN, (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM LIVEPLAN, (iv) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH LIVEPLAN BY ANY THIRD PARTY, AND/OR (v) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA LIVEPLAN, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PALO ALTO SOFTWARE, INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

13. Miscellaneous Terms

a) These Terms of Service shall be governed by and construed in accordance with the laws of the State of Oregon, except for its conflicts of laws principles. User consents to the exclusive jurisdiction and venue in the state and federal courts in Lane County, Oregon.

b) Palo Alto Software, Inc. may transfer and assign these Terms of Service without restriction. User may not transfer or assign any of these Terms of Service.

c) User affirms and warrants that User is legally competent to enter into these Terms of Service, and the conditions, obligations, affirmations, representations, covenants and warranties set forth herein.

d) If any provision of these Terms of Service is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the remaining provisions of these Terms of Service shall not be affected.

e) No waiver of any term of these Terms of Service shall be deemed to constitute a continuing waiver of such term.

f) Palo Alto Software, Inc. may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail or postings on LivePlan. Notice will be deemed given twenty-four hours after email is sent, unless Palo Alto Software, Inc. is notified that the email address is invalid. Alternatively, Palo Alto Software, Inc. may give you legal notice by mail to a postal address, if provided by you through LivePlan. In such case, notice will be deemed given three days after the date of mailing. Notice posted on LivePlan is deemed given five (5) days following the initial posting.

The Service is offered by Palo Alto Software, Inc., located at:

488 E 11th Ave, #220, Eugene, OR 97401, United States of America

Terms of use

GENERAL

The Legal Manager website www.legal-manager.co.uk (“the Website”) is provided by Business Centric Services Group Ltd (“BCSG”), company number 06564282 whose registered office is at 130 Old Street, UK, London, EC1V 9BD.

Set out here are the terms and conditions (“the Conditions”) that govern your use of the Website, and the services provided or offered to users on the Website (“User Services”). Our policy relating to the capture and use of personal data, (“Privacy Policy”) as detailed on the Website forms a part of the Conditions. It is important that you read and understand the Conditions before you start to use the Website. You can print and keep a copy for your reference.

Reference to “our”, “us” and “we” on the Website is a reference to BCSG unless stated otherwise.

These Conditions (and all communications) are in English and governed by, and will be construed in accordance with the law of England & Wales, and the Courts of England & Wales shall have jurisdiction to determine any disputes concerning the meaning or application of these Conditions.

Using the Website

The Website is for use only in relation to legal issues in the specified jurisdictions of the United Kingdom of Great Britain & Northern Ireland. Which for the avoidance of doubt are England & Wales, Scotland & Northern Ireland as specified on the Website and/or the Documents (“the Jurisdiction”).

The content of the Website is provided for information only, and does not constitute advice or a recommendation to you that the products and services provided or advertised on the Website are suitable for you in your circumstances.

Reasonable efforts will be made to keep the Website available for use; however access is not guaranteed to be available all the time. We will not be liable for any periodic unavailability of the Website.

Due to the nature of the Internet and the possibility of third party interference, the Website is not guaranteed to be free of all technical defects of any description (including but not limited to viruses, worms or trojan horses) or any forms of computer misuse (including but not limited to hacking). We will not be liable for any damage or loss caused as a result of your use of the Website. You acknowledge that you are responsible for taking back up copies of your data and taking appropriate precautions to protect your computer systems against technical defects or computer misuse.

If there are links from the Website to other websites operated by third parties, we do not guarantee you will be able to access the other websites via any link on the Website. We do not guarantee the content or accuracy of any third party’s website, nor do we accept any responsibility for your use of that website.

THE USER SERVICES

Who provides the User Services

The User Services are provided by the individual service providers identified below. They are responsible for the service that they provide to you, including any advice you may receive from them. All User Services are provided on the service providers’ own terms and conditions.

The Law Guide and the Document Preparation Service is provided by Epoq Legal Limited (“ELL”), company number 3707955, whose registered office is at Middlesex House, 29-45 High Street, Edgware, Middlesex, HA8 7UU.

The Law Guide

ELL does not provide legal advice. The information contained in the Law Guide is for guidance and information only, is not to be construed as advice and may not in all cases be jurisdiction specific.

Although every effort is made to ensure that the Law Guide is accurate and reflects the law at the time of use, it may or may not reflect current events or changes in the law.

Before you act or rely on the Law Guide, you should take advice. We and ELL disclaim all liability for actions taken or not taken based on the Law Guide.

Legal Review of documents created using the Document Preparation Service is provided by First Assist Services Limited (“FirstAssist”), company number 1404718, whose registered office is at 17 Rochester Row, London, SW1P 1QT.

Document Preparation Services

A “Document Preparation Service” means the provision by ELL to you of access to the System to enable you to draft a Document.

A “Document” means a legal or other document drafted by you using the System.

The “System” means the document assembly and drafting system that asks you a series of questions for the purpose of collecting relevant information and data to complete your Document.

Neither we nor ELL accept any responsibility for any Document drafted by you using the System. You alone are responsible for ensuring that the answers or any information that you input into the System are correct (including information in relation to the identity of any parties or signatories, their age or capacity).

You must carefully check that the Document produced fully reflects your wishes. If it does not, you should not execute it. It is your responsibility to ensure that any Document is properly executed in accordance with any instructions that are provided to you.

Documents specify the Jurisdiction in which they are suitable to be used. You should not use them in any other Jurisdiction.

All Documents should be used in conjunction with proper advice as to their application and adaptation to your particular circumstances. Neither we nor ELL can be responsible if you use a Document without seeking proper advice as to its application and adaptation, or if you alter or amend it.

We recommend that before reusing a Document you check the Website to ensure that you have the latest version. If you do not, and ELL has replaced it with a revised version, it is recommended that you select the latest version.

Documents completed online will be stored for a maximum period of 6 years. After this period you may not be able to obtain access to your Documents, and they may be deleted. ELL reserve the right to levy a reasonable recovery charge in respect of any Documents that can be recovered. If you have not logged in to the Website for a period of 12 months or more, then ELL reserve the right to store your documents offline and levy a reasonable recovery charge for you to access them again.

DOCUMENT REVIEW SERVICE

Once a document has been drafted using the document preparation service, subject to the payment of additional charges as clearly detailed on the Website and/or within MyBusinessWorks, you may send it electronically for review by FirstAssist (who may contact you by telephone to clarify your requirements). When discussing a document with FirstAssist over the telephone, you must have it visible on-screen or printed out.

When FirstAssist advise you on the preparation of any document they will exercise reasonable care in the provision of this service to you. They will perform work as quickly as reasonably possible, but they shall not be liable in respect of any failure to meet any specified deadline or completion date.

FirstAssist will endeavour to answer any questions you have sent them with your document, review the document for its suitability to your intended purpose, and advise you what changes you may need to make to the document to make it suitable for your requirements. FirstAssist do not make alterations to the documents themselves. Please note that FirstAssist do not proof read all data you have input to the document for typographical errors.

Neither will we, ELL nor FirstAssist have any responsibility or liability for:

  • Verifying your answers or any information given by you when using the document preparation service;
  • Any alterations made by you or on your behalf to a document once it has been returned to you by FirstAssist, unless such alteration has been approved by FirstAssist;
  • Supervising or checking the due and proper execution of any document;
  • Any use of a document outside of the jurisdiction of the United Kingdom;
  • Any adverse consequences if you use any document without taking appropriate legal advice as to its suitability for your particular circumstances;
  • Undertaking any future review of any document or providing any advice, legal or otherwise, as to the continuing effectiveness for legal, taxation or any other purpose of any document.

USER SERVICES TERMS

Registering for user services

If you are an individual you must be aged 18 years or over to use the User Services.

Only when you have registered your MyBusinessWorks you will be given full access to the Website and be able to use the Law Guide and the Document Preparation Services. Use of the Document Review Service it subject to the payment of additional charges as clearly detailed on the Website and/or in MyBusinessWorks.

The use of the User Services is for your business use only (including any authorised person on behalf of the business). You shall not permit any other party to have access to the User Services or to use the User Services. If you breach this term we can, without notice, revoke your ability to use the User Services.

Solicitor/client relationship

We are not a firm of solicitors and do not provide solicitor services. No solicitor/client relationship is established by use of the Website. Sending or receiving information through the Website does not establish a solicitor/client relationship.

Support Helpline

We will provide a customer support helpline for queries related to the Website and the User Services (0845 60 80 280) and e-mail support (support@mybusinessworks.co.uk) between 9.00am and 5.30pm Monday to Friday (with the exception of on English Bank or public holidays). We will use reasonable efforts to answer your query. Calls may be monitored and/or recorded for training purposes. Where necessary and/or appropriate we may at our discretion have ELL respond directly to you.

If you have a complaint with either the Website or the User Services please contact us in the first instance and your complaint will be investigated fully and you will receive a prompt reply. Where necessary and/or appropriate we may at our discretion have ELL or FirstAssist respond directly to you.

DISCLAIMER & LIMITATIONS

Any claim in respect of breach of contract, or for negligence or in any other way for or related to the provision or failure to provide a User Service shall be against the applicable provider of the User Service.

If either we or ELL is held liable for any loss or damage to you for or in relation to the provision of or failure to provide a User Service, whether in contract, negligence or any other type of liability, such liability shall in all cases be limited to the payment of an amount not exceeding the total payments made by you over the previous 12 month period with regards to accessing the Website and the User Services, in respect of any one claim or series of connected claims.

You acknowledge that the exclusions and/or limitations in these Conditions are reasonable having regard to the fact that the Website, the Law Guide and Document Preparation Services are freely accessible and available at no additional cost.

INTELLECTUAL PROPERTY

Use of the Website and User Services is subject to the notices of ownership of intellectual property rights detailed from time to time on the Website.

All rights in either, design, text, graphics and other materials on the Website are the copyright of Epoq Group Ltd (“EGL”), company number 42651146, whose registered office is at Middlesex House, 29-45 High Street, Edgeware, Middlesex HA8 7UU or BCSG as the case may be.

“RAPIDOCS”, “MYLAWYER” and the “RAPIDOCS” and “MYLAWYER” logos are either UK registered trademarks or other trademarks of EGL.

Rapidocs software featured on the Website is copyright EGL. Reproduction of part or all of the content of the Website in any form is prohibited. Other software reproduced in and on the Website is copyright EGL. You may not use (other than as is expressly or impliedly licensed), resell, reverse engineer, decompile or otherwise modify such software.

Copyright in the content of the Law Guide and the Documents belong to ELL.

OTHER CONDITIONS

We shall not be liable for any failure to provide or delay in providing any service resulting from circumstances or events outside of our control, for example due to strikes and other industrial disputes, breakdown of systems or network access, fire or explosions, or power failure.

Telephone technical support will be available in accordance with the times advertised on the Website. You may contact the helpline on the number provided from time to time. Calls may be recorded for training and monitoring purposes.

If any part of these Conditions (and/or notices on the Website) is found to be invalid or unenforceable, then such part will be deemed replaced by a valid and enforceable provision that most closely matches the intent of the original part and the remainder of the provision shall continue in full force and effect.

We reserve the right to change the Conditions under which the Website or any User Service is offered.

No forbearance or delay by us in enforcing the provisions of these Conditions will prejudice the rights, powers or remedies available to us; and such rights, powers or remedies will be cumulative.

You may not assign, subcontract or otherwise transfer any rights or obligations under these Conditions, whether in whole or in part, without our prior written consent. We shall be able to assign the benefit of all or part of the Conditions to any company or other entity which is from time to time a subsidiary or a holding company of BCSG within the meaning of Section 1159 of the Companies Act 2006, or an associated body corporate of ELL within the meaning of Section 256 of the Companies Act 2006.

Headings in these Conditions are for convenience only and shall not affect their interpretation.

These Conditions represent the entire agreement between us and you shall not attempt to rely upon any prior understanding or representation, which may have been reached or made.

Your acceptance of these Conditions signifies your consent and agreement to them.

Please see the Carbonite terms and conditions at https://www.carbonite.com/terms-of-use/product-terms-of-service/.

DOMAIN REGISTRATION AGREEMENT

Before you register for a thisEcho Product or Service, you must read and agree to the following terms and conditions and policies, including any future amendments (collectively, the “Agreement”):

thisEcho may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use thisEcho Products or Services.

1. IN THIS REGISTRATION AGREEMENT

(“Registration Agreement”), “Registrant”, “you” and “your” refers to the Registrant or user of each domain name registration, “we”, “us” and “our” refers to Tucows.com Co., and “Services” refers to the domain name registration services provided by us as offered through thisEcho, the Registration Service Provider (“Reseller”). Any reference to a “registry,” “Registry” or “Registry Operator” shall refer to the registry administrator of the applicable top-level domain (“TLD”). This Registration Agreement explains our obligations to you, and explains your obligations to us for the Services. By agreeing to the terms and conditions set forth in this Registration Agreement, you are also agreeing to be bound by the rules and regulations set forth by a registry for that particular registry only.

2. SELECTION OF DOMAIN NAMES

You acknowledge and agree that we cannot guarantee that you will obtain a desired domain name, even if an inquiry indicates that a domain name is available at the time of your application. You represent that, to the best of the your knowledge and belief, neither the registration of the domain name nor the manner in which you intend to use it, infringes upon the legal rights of a third party and further, that the domain name is not being registered for, nor shall it at any time whatsoever be used for, any unlawful purpose. During the period following registration of a domain name and the appointment of active name servers, we may post a stagnant web page and any revenues generated from same shall be for our own account.

3. FEES

As consideration for the Services, you agree to pay Reseller the applicable service(s) fees prior to the effectiveness of a desired domain name registration or any renewal thereof. All fees payable hereunder are non-refundable even if your domain name registration is suspended, cancelled or transferred prior to the end of your current registration term. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process, and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information (“Account Information”). You represent that the Account Information and all other statements put forth in your application are true, complete and accurate. Both Tucows and each registry reserves the right to terminate your domain name registration if: (i) information provided by you or your agent is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) you have failed to maintain, update and keep your Account Information true, current, complete, accurate and reliable. You acknowledge that a breach of this Section 3 will constitute a material breach of our Registration Agreement, which will entitle either us or a registry to terminate this Registration Agreement immediately upon such breach without any refund and without notice to you.

4. TERM

This Registration Agreement will remain in effect during the term of your domain name registration as selected, recorded and paid for at the time of registration or any renewal thereof. Should the domain name be transferred to another registrar, the terms and conditions of this Registration Agreement shall cease.

5. MODIFICATIONS TO REGISTRATION AGREEMENT

You acknowledge that the practice of registering and administering domain names is constantly evolving; therefore, you agree that Tucows may modify this Registration Agreement, or any other related and/or applicable agreement, as is necessary to comply with its agreements with ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances. All amendments to this Registration Agreement will be posted on our website. Your continued use of the domain name registered to you will constitute your acceptance of this Registration Agreement with any revisions. If you do not agree to any change, you may request that your domain name registration be cancelled or transferred to a different accredited registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any change to this Registration Agreement, or any other related and/or applicable agreement.

6. MODIFICATIONS TO YOUR ACCOUNT

In order to change any of your account information with us, you must use the Account Identifier and Password that you selected when you opened your account with us or the Reseller. You agree to safeguard your Account Identifier and Password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your Account Identifier or Password.

7. NO GUARANTEE

You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to the registration, reservation or use of the domain name.

8. DOMAIN NAME DISPUTES

You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the dispute policy adopted by the applicable registry. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable policy. If Tucows is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, Tucows may, at its sole discretion, suspend your ability to use your domain name or to make modifications to your registration records until (i) Tucows is directed to do so by the judicial or administrative body, or (ii) Tucows receives notification by you and the other party contesting your domain that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration or use of your domain name, Tucows may deposit control of your registration record into the registry of the judicial body by supplying a party with a registrar certificate from us.

9. POLICY

You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to a Tucows, registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Tucows, registry, ICANN or government-adopted policy, (1) to correct mistakes by us or a registry in registering the name or (2) for the resolution of disputes concerning the domain name.

10. AGENCY

Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own 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 domain name. You shall accept liability for harm caused by wrongful use of the domain name. You represent that you will secure the agreement of any third party to the terms and conditions in this Registration Agreemen.

11. ANNOUNCEMENTS

We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.

12. LIMITATION OF LIABILITY

You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Registration Agreement and any breach of this Registration Agreement is solely limited to the amount you paid for the initial registration of your domain name. Tucows and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable registries shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Registration Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or 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.

13. INDEMNITY

You agree to release, indemnify, and hold Tucows, its contractors, agents, employees, officers, directors and affiliates, ICANN, the applicable registries and their respective directors, officers, employees, agents and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, of third parties arising out of or relating to the registration or use of the domain name registered in your name, whether used by yourself, licensed to a third party or pursuant to the Whois Privacy Service, including without limitation infringement by you or a third party with access to your Account Identifier and Password. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Registration Agreement and may result in the suspension or cancellation of your domain name. This indemnification obligation will survive the termination or expiration of this Registration Agreement.

14. TRANSFER OF OWNERSHIP

The person named as Registrant on the Whois shall be the registered name holder. The person named as administrative contact at the time the controlling account identifier and password are secured shall be deemed the designate of the Registrant with the authority to manage the domain name. You agree that prior to transferring ownership of your domain name to another person (the “Transferee”) you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Registration Agreement. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Registration Agreement, any such transfer will be null and void.

15. RENEWALS AND FORFEITURE

Domain names are registered for a finite period of time. You will receive reminders immediately prior to the expiration of your registration inviting you to renew your domain name and specifying the amount of time you have to renew your domain name. In the event that you fail to renew your domain name in a timely fashion, your registration will expire and we may, at our discretion, elect to assume the registration and may hold it for our own account, delete it or we may sell it to a third party. You acknowledge and agree that your right and interest in a domain name ceases upon its expiration and that any expired domain name may be made available for registration by a third party.

If you fail to renew your registration, your domain name may cease to resolve and visitors to your site may be redirected to a default page informing them that the site is no longer in service. This parked or default page may feature advertisements posted by us for our own account.

If we, in our sole discretion, have elected to renew the registration, you will be entitled to a grace period of forty (40) days during which you may re-register the domain name from us. Additional costs for the redemption and re-registration will apply. During this grace period, we may post a parked page and/or may revise the “Whois” registration records to include either our information or that of your Reseller. The domain name also may be listed for auction and promoted as being available for auction. If the name is sold during any such auction, it will be acquired by a third party and will not remain available for re-registration by you after our stated grace period. If you do not re-register the domain name during the grace period, the auction sale will be concluded and ownership of the domain transferred to a third party.

If you fail to renew your domain name registration during the grace period, you acknowledge that you have abandoned the domain name and that it is available for sale and registration by any third party.

16. BREACH

You agree that failure to abide by any provision of this Registration Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Registration Agreement, then we may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.

17. DISCLAIMER OF WARRANTIES

You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an “as is,” “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.

18. INFORMATION

As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information: (a) your name and postal address (or, if different, that of the domain name holder); (b) the domain name being registered; (c) the name, postal address, e-mail address, and voice, and fax (if available) telephone numbers of the administrative contact for the domain name; (d) the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name; and (e)the name, postal address, e-mail address, and voice, and fax (if available) telephone numbers of the technical contact for the domain name. Any voluntary information we request is collected in order that we can continue to improve the products and services offered to you through your Reseller.

19. DISCLOSURE AND USE OF REGISTRATION INFORMATION

You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, law enforcement agencies and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some or all, of the domain name registration information you provide, for purposes of inspection (such as through our Whois service) or other purposes as required or permitted by ICANN and applicable laws. (a) 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 name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us. (b) You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your Reseller. (c) We will not process or maintain data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Registration Agreement. (d) We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized disclosure, alteration or destruction of that information.

20. OBLIGATION TO MAINTAIN WHOIS

Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or any failure to respond to inquiries by us addressed to the email address of the registrant, the administrative, billing or technical contact appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with the registration shall constitute a material breach of this Registration Agreement and be a basis for cancellation of the domain name registration. Any information collected by us concerning an identified or identifiable natural person (“Personal Data”) will be used in connection with the registration of your domain name(s) and for the purposes of this Registration Agreement and as required or permitted by ICANN or an applicable registry policy.

21. REVOCATION

We, in our sole discretion, reserve the right to deny, cancel, suspend, transfer or modify any domain name registration to correct a mistake, protect the integrity and stability of the company and any applicable registry, to comply with any applicable laws, government rules, or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or cancel, suspend, transfer or modify your domain name registration.

22. INCONSISTENCIES WITH REGISTRY POLICIES

In the event that this Registration Agreement may be inconsistent with any term, condition, policy or procedure of an applicable registry, the term, condition, policy or procedure of the applicable registry shall prevail.

23. NON-WAIVER

Our failure to require performance by you 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.

24. NOTICES

Any notice, direction or other communication given under this Registration Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. E-mail notification to Tucows must be sent to lhutz@tucows.com. Any notice to you will be sent to the e-mail address provided by you in your Whois record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given five (5) business days after the date of mailing Postal notices to Tucows shall be sent to:

Tucows.com Co.

Registrant Affairs Office

96 Mowat Avenue

Toronto, Ontario M6K 3M1

CANADA

Attention: Legal Affairs

and in the case of notification to you shall be sent to the address specified in the “Administrative Contact” in your Whois record.

25. ENTIRETY.

You agree that this Registration Agreement, the applicable dispute policy and the rules and policies published by Tucows and any applicable registry or other governing authority, are the complete and exclusive agreement between you and us regarding our Services.

26. NO THIRD PARTY BENEFICIARIES.

This Registration Agreement shall not be construed to create any obligation by either Tucows or Registrant to any non-party to this Registration Agreement. Enforcement of this Registration Agreement, included any provisions incorporated by reference, is a matter solely for the parties to this Registration Agreement.

27. GOVERNING LAW.

THIS REGISTRATION AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS REGISTRATION AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

28. INFANCY.

You attest that you are of legal age to enter into this Registration Agreement.

29. FORCE MAJEURE.

You acknowledge and agree that neither we nor the applicable registry shall be responsible for any failures or delays in performing our respective obligations hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.

30. PRIVACY.

Information collected about you is subject to the terms of Tucows’ privacy policy, the terms of which are hereby incorporated by reference. Tucows’ privacy policy can be found at: http://opensrs.com/privacy/

31. CONTROLLING LANGUAGE.

In the event that you are reading this Registration Agreement in a language other than the English language, you acknowledge and agree that the English language version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.

32. TLD’S.

The following additional provisions apply to any domain names that you register through Tucows with the various registries:

(a) .com/net Domains: In the case of a “.com” or “.net” registration, the following terms and conditions will apply:

(i) Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (“UDRP”) ( http://www.icann.org/dndr/udrp/policy.htm ) and comply with the requirements set forth by the Registry; these policies are subject to modification;

(ii) For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where Tucows is located, presently Toronto, Ontario.

(b).org Domains: In the case of a “.org” registration, the following terms and conditions will apply:

(i) Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Dom ain Dispute Policy (“UDRP”) ( http://www.icann.org/dndr/udrp/policy.htm ) and comply with the requirements set forth by the Registry. These policies are subject to modification;

(ii) For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where Tucows is located, presently Toronto, Ontario.

(c) .info Domains: In the case of a “.info” registration, the following terms and conditions will apply:

(i) Registrant’s Personal Data. You consent to the use, copying, distribution, publication, modification, and other processing of Registrant’s personal data by Afilias, the .INFO registry, and its designees and agents, in a manner consistent with the purposes specified pursuant to its contract;

(ii) Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (“UDRP”) ( http://www.icann.org/dndr/udrp/policy.htm ) and comply with the requirements set forth by the Registry. These policies are subject to modification;

(iii) For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where Tucows is located, presently Toronto, Ontario;

(iv) Reservation of Rights. Tucows and Afilias expressly reserve the right to deny, cancel, transfer, or modify any registration that either registrar or Afilias deems necessary, at its discretion, to protect the integrity and stability of the registry, to comply with any applicable law, any government rule or requirement, any request of law enforcement, any dispute resolution process, or to avoid any liability, civil or criminal, on the part of the registrar and/or Afilias, as well as their affiliates, subsidiaries, executives, directors, officers, managers, employees, consultants, and agents. The registrar and Afilias also reserve the right to suspend a domain name or its registration data during resolution of a dispute.

(d) .biz Domains. In the case of a “.biz” registration, the following terms and conditions will apply:

(i) .biz Restrictions. Registrations in the .biz top-level domain must be used or intended to be used primarily for bona fide business or commercial purposes. For the purposes of the .biz registration restrictions, “bona fide business or commercial use” shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS: (A) to exchange goods, services, or property of any kind; (B) in the ordinary course of business; or (C) to facilitate (i) the exchange of goods, services, information or property of any kind; or (ii) the ordinary course of trade or business.

For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.icann.org/en/tlds/agreements/biz/registry-agmt-appl-18apr01.htm.

(ii) Selection of a Domain Name. You represent that: (A) the data provided in the domain name registration application is true, correct, up to date and complete, and that you will continue to keep all of the information provided correct, up-to-date and complete; (B) to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party; (C) that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever; (D) the registered domain name will be used primarily for bona fide business or commercial purposes and not (a) exclusively for personal use, or (b) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation; (E) you have the authority to enter into this Registration Agreement; and (F) the registered domain name is reasonably related to your business or intended commercial purpose at the time of registration.

(iii) Provision of Registration Data. As part of the registration process, you are required to provide us with certain information and to keep the information true, current, complete, and accurate at all times. The information includes the following: (A) your full name; (B) your postal address; (C) your e-mail address; (D) your voice telephone number; (E) your fax number (if applicable); (F) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (G) the IP addresses of the primary nameserver and any secondary nameserver for the domain name; (H) the corresponding names of the primary and secondary nameservers; (I) the full name, postal address, e-mail address, voice telephone number, and, when available, fax number of the administrative, technical, and billing contacts, and the name holder for the domain name; and (J) any remark concerning the domain name that should appear in the Whois directory. (K) You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN and/or registry policies, and may be sold in bulk in accordance with the ICANN agreement.

(iv) Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Registration Agreement: (A) The Uniform Domain Name Dispute Resolution Policy (“Dispute Policy), available at: http://www.icann.org/dndr/udrp/policy.htm; (B) The Restrictions Dispute Resolution Criteria and Rules (“RDRP”), available at: http://www.icann.org/en/tlds/agreements/biz/registry-agmt-appm-27apr01.htm (collectively, the “Dispute Policies”).

(v) The Dispute Policy sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry or Registrar over the registration and use of an Internet domain name registered by Registrant.

(vi) The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be endorsed on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider.

(vii) For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where Tucows is located, presently Toronto, Ontario.

(e) .name Domains. In the case of a “.name” registration, the following terms and conditions will apply:

(i) .name Restrictions. Registrations in the .name top-level domain must constitute an individual’s “Personal Name”. For purposes of the .name restrictions (the “Restrictions”), a “Personal Name” is a person’s legal name, or a name by which the person is commonly known. A “name by which a person is commonly known” includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.

(ii) .name Representations. As a .name domain name registrant, you hereby represent that: (A) the registered domain name or second level domain (“SLD”) e-mail address is your Personal Name. (B) the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all of the information provided correct, current and complete, (C) to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party; (D) that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever; (E) the registration satisfies the Eligibility Requirements found at: http://www.icann.org/en/tlds/agreements/name/registry-agmt-appl-8aug03.htm ; and (F) you have the authority to enter into this Registration Agreement.

(iii) E-mail Forwarding Services. The Services for which you have registered may, at your option, include e-mail forwarding. To the extent you opt to use e-mail forwarding, you are obliged to do so in accordance with all applicable legislation and are responsible for all use of e-mail forwarding, including the content of messages sent through e-mail forwarding.

Without prejudice to the foregoing, you undertake not to use e-mail forwarding: (A) to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material; (B) to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network; (C) to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, wilful attempts to overload another system or other forms of harassment; or (D) for spamming, which includes, but is not restricted to, the mass mailing of unsolicited e-mail, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such distribution list. Users are not permitted to provide false names or in any other way to pose as somebody else when using e-mail forwarding.

(iv) Registry reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry’s e-mail forwarding. However, due to the nature of such systems, which actively block messages, Registry shall make public any decision to implement such systems a reasonable time in advance, so as to allow you or us to give feedback on the decision.

(v) You understand and agree that Registry may delete material that does not conform to clause (c) above or that in some other way constitutes a misuse of e-mail forwarding. You further understand and agree that Registry is at liberty to block your access to e-mail forwarding if you use e-mail forwarding in a way that contravenes this Registration Agreement. You will be given prior warning of discontinuation of the e-mail forwarding unless it would damage the reputation of Registry or jeopardize the security of Registry or others to do so. Registry reserves the right to immediately discontinue e-mail forwarding without notice if the technical stability of e-mail forwarding is threatened in any way, or if you are in breach of this Registration Agreement. On discontinuing e-mail forwarding, Registry is not obliged to store any contents or to forward unsent e-mail to you or a third party.

(vi) You understand and agree that to the extent either we and/or Registry is required by law to disclose certain information or material in connection with your e-mail forwarding, either we and/or Registry will do so in accordance with such requirement and without notice to you.

(vii) Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the dispute policy that is incorporated herein and made a part of this Registration Agreement by reference. You hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Registration Agreement. (A) the Eligibility Requirements (the “Eligibility Requirements”), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm; (B) the Eligibility Requirements Dispute Resolution Policy (the “ERDRP”), available at: http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm; and (C) the Uniform Domain Name Dispute Resolution Policy (the “UDRP”), available at: http://www.icann.org/dndr/udrp/policy.htm.

(viii) The Eligibility Requirements dictate that Personal Name domain names and Personal Name SLD e-mail addresses will be granted on a first-come, first-served basis. The following categories of Personal Name Registrations may be registered: (i) the Personal Name of an individual; (ii) the Personal Name of a fictional character, if you have trademark or service make rights in that character’s Personal Name; (iii) in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of the Personal Name so as to differentiate it from other Personal Names.

(ix) The ERDRP applies to challenges to (i) registered domain names and SLD e-mail address registrations within .name on the grounds that a Registrant does not meet the Eligibility Requirements, and (ii) to Defensive Registrations (as defined by the Registry) within .name.

(x) The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and party other than the Registry or Tucows over the registration and use of an Internet domain name registered by a Registrant.

(xi) For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where Tucows is located, presently Toronto, Ontario.

(f) .at Domains. In the case of a “.at” registration, the following terms and conditions will apply:

(i) Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.nic.at/en/service/legal_information/terms_conditions/. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

(g) .be Domains. In the case of a “.be” registration, the following terms and conditions will apply:

(i) Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.dns.be/en/home.php?n=43.001.

You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

(ii) Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the .be Dispute Policy that is incorporated herein and made a part of this Registration Agreement by reference. The current version of the Dispute Policy may be found at http://www.dns.be/en/home.php?n=45.002.

(h) .ca Domains. In the case of a “.ca” registration, the following terms and conditions will apply:

Registrant agreement. You agree to display the CIRA Registrant Agreement, accessible at http://www.cira.ca/policies/, in full to the registrant prior to accepting an order for a .CA domain name. You also agree to ensure the registrant fully agrees to the Registration Agreement prior to accepting an order for a .CA domain name.

Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy, which is incorporated herein and made a part of this Registration Agreement by reference. The current version of the Dispute Policy may be found at http://www.cira.ca/assets/Documents/CDRPpolicy.pdf

Please take the time to familiarize yourself with this policy.

(ii) Registry Policy. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Registry-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Registry adopted policy, (1) to correct mistakes by Tucows or the Registry in registering the name or (2) for the resolution of disputes concerning the domain name.

(iii) Transfer of Ownership. Any transfer of ownership in and to a domain name registration shall be affected in accordance with registry policies and procedures.

(iv) Registry Agreement and Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by the Registry’s Registrant Agreement, the Registry’s policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.cira.ca/assets/Documents/Legal/Registrants/registrantagreement.pdf.

You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry agreement or policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

(v) You acknowledge and agree that the Registry shall not be liable to you for any loss, damage, or expense arising out of the Registry’s failure or refusal to register a domain name, it’s failure or refusal to renew a domain name registration, it’s registration of a domain name, it’s failure or refusal to renew a domain name registration, it’s renewal of a domain name registration, it’s failure or refusal to transfer a domain name registration, it’s transfer of a domain name registration, it’s failure or refusal to maintain or modify a domain name registration, it’s maintenance of a domain name registration, it’s modification of a domain name registration, it’s failure to cancel a domain name registration or it’s cancellation of a domain name registration from the Registry;

(i) .cc Domains. In the case of a “.cc” registration, the following terms and conditions will apply:

(i) Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy that is incorporated herein and made a part of this Registration Agreement by reference. The current version of the Dispute Policy may be found at http://www.verisigninc.com/en_US/company-information/government-relations/tv-cc-domain-name-registration-policies/index.xhtml

Please take the time to familiarize yourself with this policy.

(ii) Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at: http://opensrs.com/resources/domains/domain-policies#cc.

You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

(j) .ch Domains. In the case of a “.ch” registration, the following terms and conditions shall apply:

(i) Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.switch.ch/id/terms. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

(ii) Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the .ch Dispute Policy that is incorporated herein and made a part of this Registration Agreement by reference. The current version of the Dispute Policy may be found at http://www.switch.ch/id/disputes/rules. Please take the time to familiarize yourself with this policy.

(k) .cn Domains. In the case of a “.cn” registration, the following terms and conditions shall apply:

(i) “Registry” means the China Internet Network Information Center, which is the authority responsible for the administration of the national top-level domain of the People’s Republic of China and the Chinese domain name system;

(ii) “Registry Gateway” means the service provided by the Registry Operator that facilitates the registration of .cn domain names by registrars operating outside of the People’s Republic of China;

(iii) “Registry Operator” means Neustar, Inc., the company authorized to facilitate the registration of .cn domain names by registrars operating outside of the People’s Republic of China.

(iv) Restrictions. You agree that you shall not register or use a domain name that is deemed by CNNIC to: (A) be against the basic principles prescribed in the Constitution of the Peoples Republic of China (“PRC”);

(B) jeopardize national security, leak state secrets, intend to overturn the government or disrupt the integrity of the PRC; (C) harm national honour and national interests of the PRC; (D) instigate hostility or discrimination between different nationalities or disrupt the national solidarity of the PRC; (E) spread rumours, disturb public order or disrupt social stability of the PRC; (F) spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC; (G) insult, libel against others and infringe other people’s legal rights and interests in the PRC; or (H) take any other action prohibited in laws, rules and administrative regulations of the PRC.

(v) Business or Organization Representation. .cn domain name registrations are intended for businesses and organizations and not for individual use. By registering a .cn name, you accordingly represent that you have registered the domain name on behalf or a business or organization. It should be noted that, although .cn policy is permissive in terms of registration, and enforcement is generally in reaction to a complaint (as opposed to proactive review), registrations that are not associated with an organization or business may be subject to deletion. The foregoing prevents an individual from registering a .cn domain name for a business operating as a sole proprietorship.

(vi) Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the CNNIC Domain Name Dispute Policy & Rules for CNNIC Dispute Resolution Policy (“Dispute Policy”), as they may be amended from time to time, which are hereby incorporated and made an integral part of this Registration Agreement. The Dispute Policy is currently found at: http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm.

(vii) You acknowledge that, pursuant to the Dispute Policy, Registrars must comply with all reasonable requests from the applicable domain name dispute resolution institutions including the provision of all relevant evidence in any domain name disputes in the specified time frames.

(viii) If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.

(ix) Adherence to Policies. You agree to comply with all applicable laws, regulations and policies of the Peoples Republic of China’s governmental agencies and the China Internet Network Information Centre (“CNNIC”), including but not limited to the following rules and regulations: (A) Provisional Administrative Rules for Registration of Domain Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1520.htm); (B) Detailed Implementation Rules for Registration of Domain Names in China (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1522.htm); (C) Chinese Domain Names Dispute Resolution Policy (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm); and (D) CNNIC Implementing Rules of Domain Name Registration (currently at http://www.cnnic.net.cn/html/Dir/2003/11/27/1503.htm).

You acknowledge that you have read and understood and agree to be bound by the terms and conditions of the policies of the CNNIC, as they may be amended from time to time.

(x) Suspension and Cancellation. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Tucows, Registry Operator, CNNIC or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a CNNIC or government-adopted policy, (1) to correct mistakes by a party in registering the name, (2) for the resolution of disputes concerning the domain name, (3) to protect the integrity and stability of the registry, (4) to comply with any applicable laws, government rules or requirements, requests of aw enforcement, (5) to avoid any liability, civil or criminal, on the part of Tucows, Registry Operator or CNNIC, as well as their affiliates, subsidiaries, directors, representatives, employees and stockholders or (6) for violations of this Registration Agreement. Tucows, Registry Operator and CNNIC also reserve the right to “freeze” a domain name during the resolution of a dispute.

(xi) Jurisdiction. For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, (2) where Tucows is located, and (3) the People’s Republic of China.

(xii) Governing Law. For the adjudication of a dispute concerning or arising from use of a .cn domain, such dispute will be governed under the Laws of the Peoples Republic of China.

(l) .de Domains. In the case of a “.de” registration, the following terms and conditions will apply:

(i) Selection of a Domain Name. You represent that: (A) you have reviewed and have accepted the Registry’s Terms and Conditions and the Registry’s Guidelines and have provided your Reseller with written confirmation of same; you have reviewed and have accepted the Registry’s Terms and Conditions and the Registry’s Guidelines and have provided your Reseller with written confirmation of same; (B) either you, or the person designated as the administrative contact for the domain name, shall be resident or shall have a branch in Germany; (C) to the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party and, further, that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever

(ii) Domain Name Disputes. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified by the Registry or any court of law. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions specified by the Registry or any court of law.

(iii) Registry Policies. You agree to be bound by the Registry’s Registration Terms and Conditions and the Registration Guidelines. English language translations of the Registry’s documents are provided for convenience; in the event of a discrepancy between the English and the German language agreements, the terms of the German agreement will prevail. The Registry documents may be found at: English: (A) Registration Terms and Conditions http://www.denic.de/en/bedingungen.html; (B) Registration Guidelines http://www.denic.de/en/denic-domain-guidelines.html?cHash=3486f26050ac1dc3cbe6f5842dc70494; German: (C) DENIC-Registrierungsbedingungen

http://www.denic.de/de/bedingungen.html (D) DENIC-Registrierungsrichtlinien http://www.denic.de/de/richtlinien.html

(m) .dk Domains. In the case of a “.dk” registration, the following terms and conditions will apply:

(i) Registry Policy. You acknowledge and understand that by accepting the general conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at https://www.dk-hostmaster.dk/fileadmin/filer/pdf/generelle_vilkaar/Generelle_vilkaar_vers._05-ENG.pdf

You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

(ii) Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the rules of the Complaint Board set up by the Dansk Internet Forum (“DIFO”). The current version of the Complaints Board rules may be found at https://www.dk-hostmaster.dk/fileadmin/filer/pdf/DIFO/rules_complaint_board.pdf

(n) .eu domains. In the case of a “.eu” registration, the following terms and conditions will apply:

(i) Eligibility Criteria. .eu domain names are available for registration to companies and persons who fulfill the following criteria. As a condition of registration, you accordingly represent that you are: (A) an undertaking having its registered office, central administration or principal place of business within the European Community; (B) an organization established within the European Community without prejudice to the application of national law, or (C) a natural person resident within the European Community.

(ii) Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website. Registration policies of the Registry and the terms and conditions applicable to your .eu registration may be found at http://www.eurid.eu/files/trm_con_EN.pdf.

You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

(iii) Domain Name Disputes. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified by the Registry or any court of law.

(o) .fr Domains. In the case of a “.fr” registration, the following terms and conditions will apply:

(i) Representation of Registrant. .fr domain names are available for registration to companies and persons who fulfill the following criteria. As a condition of registration, you accordingly represent that you are: (A) A legal entity: (I) whose head office is in France; (or), (II) which possess an address in France which is expressly listed in the public electronic databases of the registrars of the commercial courts or the National Statistical and Economic Studies Institute (INSEE), (or), (III) State institutions or departments, local authorities or associated establishments, (or), (IV) which own a trademark registered with the National Intellectual Property Institute or own a registered EU or international trademark which expressly includes French territory.

(ii) Administrative Contact. Each registrant must designate an administrative contact to act as a coordinator between the registrant and the Registry. In the case of .fr registrations, the administrative contact must be based in France where it can receive legal and other documents.

(iii) Registry Policies. You agree to be bound by the Registry’s Naming Charter, its registration rules for .fr. English language translations of the Registry’s documents are provided for convenience. The Registry documents may be found at: http://www.afnic.fr/obtenir/chartes/nommage-fr_en.

(iv) Domain Name Disputes. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified by the Registry or any court of law. The current .fr dispute resolution policy and procedures can be found at http://www.afnic.fr/doc/ref/juridique/parl. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions specified by the Registry or any court of law.

(p) .it Domains. In the case of a “it” registration, the following terms and conditions shall apply:

(i) Registration Criteria. Registration of an .it name is restricted to subjects belonging to a member state of the European Union. Individuals and associations operating without a VAT number or a fiscal code are limited to a single domain name registration.

(ii) Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.nic.it/legal-issues.

You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation. Additional policies, including transfer procedures and “netiquette” rules may be found at http://www.nic.it/create-and-change.it/regulations-and-guidelines.

(q) .nl Domains. In the case of a “.nl” registration, the following terms and conditions shall apply:

(i) Registry Policies. You agree to be bound by the policies of the Registry including but not limited to the Registry’s Registration Regulations. English language translations of the Registry’s documents are provided for convenience and may be found at: https://www.sidn.nl/fileadmin/docs/PDF-files_UK/General%20Terms%20and%20Conditions%20for%20.nl%20Registrants.pdf

You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified by the Registry or any court of law. The current .nl dispute resolution policy and procedures can be found at https://www.sidn.nl/en/about-nl/disputes-and-complaints.

You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions specified by the Registry or any court of law.

(r) .tv Domains. In the case of a “.tv” registration, the following terms and conditions will apply:

(i) Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another Registrar, you agree to be bound by the Dispute Policy that is incorporated herein and made a part of this Registration Agreement by reference. The current version of the Dispute Policy may be found at http://www.icann.org/dndr/udrp/policy.htm. Please take the time to familiarize yourself with this policy.

(ii) Policy . You agree that your registration of the .tv domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN or government adopted policy, or pursuant to any Registrar or registry procedure not inconsistent with an ICANN or government-adopted policy, (1) to correct mistakes by us or the applicable Registry in registering the name or (2) for the resolution of disputes concerning the domain name. You acknowledge that you have reviewed the .tv General Terms of Service which may be found at http://opensrs.com/resources/domains/domain-policies#tv and expressly agree to the terms outlined therein.

(s) .uk Domains. In the case of a .uk registration, the following terms and conditions will apply:

(i) “Nominet UK” means the entity granted the exclusive right to administer the registry for .uk domain name registrations.

(ii) Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy which is incorporated herein and made a part of this Registration Agreement by reference. The current version of the Dispute Policy may be found at: http://www.nominet.org.uk/disputes/. Please take the time to familiarize yourself with this policy.

(i) Nominet UK Policy. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Nominet UK-adopted policy, term or condition, or pursuant to any registrar or registry procedure not inconsistent with an Nominet UK-adopted policy, (1) to correct mistakes by a registrar or the registry in registering the name, or (2) for the resolution of disputes concerning the domain name. The current Nominet UK terms and conditions can be found at: http://www.nominet.org.uk/disputes/terms/

(ii) When you submit a request for a domain name registration with Tucows and/or Reseller, you will be entering into two contracts – one contract with Tucows and/or Reseller and one contract with Nominet UK.

Tucows and your Reseller will act as agents on your behalf by submitting your application to Nominet for you, however, you will still be entering into a direct contract between you and Nominet UK. This is a separate contract from this agreement; may be found at http://www.nominet.org.uk/nominet-terms. Tucows and Reseller must also make you aware that by accepting Nominet’s terms and conditions you are consenting to Nominet using your personal data for a variety of reasons. In particular, your name and address may be published as part of Nominet’s Whois look-up service.

(iv) Transfer of Ownership. Any transfer of ownership in and to a domain name registration shall be affected in accordance with Nominet UK policies and procedures.

(t) .us Domains. In the case of a “.us” registration, the following terms and conditions will apply:

(i) “DOC” means the United States of America Department of Commerce.

(ii) “.us Nexus Requirement”. Only those individuals or organizations that have a substantive lawful connection in the United States are permitted to register for .usTLD domain names. Registrants in the .usTLD must satisfy the nexus requirement (“Nexus” or “Nexus Requirements”) set out at: http://www.neustar.us/content/download/2659/32865/ustld_nexus_requirements.pdf

(iii) Selection of a Domain Name. You certify and represent that: (A) You have and shall continue to have, a bona fide presence in the United States on the basis of real and substantial lawful contacts with, or lawful activities in, the United States as defined in Section (ii) hereinabove; (B) The listed name servers are located within the United States; (C) The data provided in the domain name registration application is true, correct, up to date and complete, and that you will continue to keep all of the information provided correct, up-to-date and complete; (D) To the best of the your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party; (E) That the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever; (F) You have the authority to enter into this Registration Agreement.

(iv) Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy and the usDRP, as defined below, that is incorporated herein and made a part of this Registration Agreement by reference. Please take the time to familiarize yourself with these policies.

(v) Domain Name Disputes. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Registration Agreement: (A) The Nexus Dispute Policy (“Dispute Policy), available at: http://www.neustar.us/content/download/2666/32893/nexus_dispute_policy.pdf. The Dispute Policy will provide interested parties with an opportunity to challenge a registration not complying with the Nexus Requirements. (B) The usTLD Dispute Resolution Policy (“usDRP”) available at: http://www.neustar.us/content/download/2665/32889/usdrp.pdf. The usDRP is intended to provide interested parties with an opportunity to challenge a registration based on alleged trademark infringement. (C) In addition to the foregoing, you agree that, for the adjudication of disputes concerning or arising from use of the Registered Name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (i) of your domicile, (ii) where Tucows is located, and (iii) the United States.

(vi) Policy. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Tucows, Registry Operator, the DOC or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a DOC or government-adopted policy, (1) to correct mistakes by us or the applicable Registry in registering the name or (2) for the resolution of disputes concerning the domain name. The Registry Operator’s policies can be found at http://www.neustar.us/policies.

(vii) Indemnity. The DOC shall be added to the parties you have agreed to indemnify in Section 13 hereinabove.

(viii) Information. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information: (A) Your full name, postal address, e-mail address and telephone number and fax number (if available) (or, if different, that of the domain name holder); (B) The domain name being registered; (C) The name, postal address, e-mail address, and telephone number and fax number (if available) telephone numbers of the administrative contact, the technical contact and the billing contact for the domain name; (D) The IP addresses and names of the primary nameserver and any secondary nameserver(s) for the domain name;

(ix) In addition to the foregoing, you will be required to provide additional Nexus Information. The Nexus Information requirements are set out at http://www.neustar.us/content/download/2659/32865/ustld_nexus_requirements.pdf. Any other information, which we request from you at registration, is voluntary. Any voluntary information we request is collected for the purpose of improving the products and services offered to you through your Reseller.

(x) Disclosure and Use of the Registration Information. You agree and acknowledge that we will make domain name registration information you provide available to the DOC, to the Registry Operator, and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our Whois service) or other purposes as required or permitted by the DOC and applicable laws.

You hereby consent to any and all such disclosures and use of information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us.

You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through your Reseller.

We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Registration Agreement.

We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized accessor disclosure, alteration or destruction of that information.

(u) .asia Domains. In the case of a .asia registration, the following terms apply:

(i) The Registered Name Holder/Registrant consents to the use, copying, distribution, publication, modification and other processing of its Personal Data by DotAsia Organisation Limited and its designees and agents in a manner consistent with the purposes specified pursuant to the Registry-Registrar Agreement and with relevant mandatory local data protection, laws and privacy.

(ii) The Registered Name Holder/Registrant agrees to correct and update the registration information for the Registered Name immediately during the registration term for the Registered Name.

(iii) In addition to the complying with the Registrar’s policies, the Registered Name Holder/Registrant* agrees to comply with those ICANN requirements, standards, policies, procedures, and practices for which the Registry Operator DotAsia Organisation Limited has monitoring responsibility in accordance with the Registry Agreement or with other arrangements with ICANN.

(iv) The Registered Name Holder/Registrant agrees to comply with all the operational standards, policies, procedures, and practices for the .ASIA Registry as established from time to time in a non-arbitrary manner by DotAsia Organisation Limited (“.ASIA Registry Policies”). The Registered Name Holder/Registrant acknowledges that .ASIA Registry Policies are applicable to all registrars and/or registered name holders/registrants. Any changes of the .ASIA Registry Policies by the DotAsia Organisation Limited that are consistent with the Registry Agreement shall be effective upon thirty (30) days’ notice by DotAsia Organisation Limited to Registrar. The Registered Name Holder/Registrant further agrees to be bound by the terms and conditions as set down by DotAsia Organisation Limited during the initial launch and the general operations of the .ASIA TLD, including without limitation its Start-Up Policies where such terms and conditions include the submission to a binding arbitration for disputes arising from the Start-Up process or any allocation of domain names.

(v) The Registered Name Holder/Registrant agrees to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”) and to proceedings commenced under ICANN’s Charter Eligibility Dispute Resolution Policy (“CEDRP”). The Registered Name Holder/Registrant agrees to submit to proceedings commenced under other dispute resolution policies as set forth by DotAsia Organisation Limited from time to time in the Registry Policies, including but not limited to expedited processes for suspension of a domain name by claims sought by intellectual property right holders, Internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security and integrity of the .ASIA Registry.

(vi) The Registered Name Holder/Registrant acknowledges and agrees to comply with the .ASIA Charter Eligibility Requirement. The Registered Name Holder/Registrant* acting as Registrant Contact represents and warrants that it has made known to the Charter Eligibility Declaration Contact (the “CED Contact”), and the CED Contact has agreed, that the Registrant Contact and the CED Contact will jointly be defined as the Registered Name Holder, and that it shall be jointly responsible for the Registered Name in the event of a dispute or a challenge over the Registered Name Holder/Registrant’s* legal entitlement to or the ownership of the Registered Name. The CED Contact shall be bound by the provisions in the DotAsia Organisation Limited’s .ASIA Charter Eligibility Requirement Policy published from time to time. Registered Name Holder/Registrant acting as Registrant Contact agrees that it has obtained an agreement from the CED Contact that the Registrant Contact shall remain the Operating Contact for all operations of the domain, including but not limited to domain transfer and updates.

(vii) The Registered Name Holder/Registrant agrees to indemnify, to the maximum extent permitted by law, defend and hold harmless the Registry Operator DotAsia Organisation Limited and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration and or use. Notwithstanding the other provisions in this Registration Agreement, the Registered Name Holder agrees that this indemnification obligation shall survive the termination or expiration of this registration agreement.

(viii) The Registered Name Holder/Registrant acknowledges and agrees that DotAsia Organisation Limited and Registry Services Provider, acting in consent with DotAsia Organisation Limited, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its sole discretion (i) to protect the integrity security, and stability of the registry; (ii) to comply with all appropriate laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of DotAsia Organisation Limited as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein: or (v) to correct mistakes made by DotAsia Organisation Limited, the Registry Services Provider or any registrar in connection with a domain name registration. DotAsia Organisation Limited also reserves the right to freeze a Registered Name such as placing a domain name on hold, lock, or other status during the resolution of a dispute.

(ix) Notwithstanding anything in this Registration Agreement to the contrary, DotAsia Organisation Limited, the Registry Operator of the .ASIA TLD, is and shall be an intended third party beneficiary of this Registration Agreement. As such, the parties to this Registration Agreement acknowledge and agree that the third party beneficiary rights of DotAsia Organisation Limited have vested and that it has relied on its third party beneficiary rights under this Registration Agreement in agreeing to Tucows being a registrar for the .ASIA TLD. Additionally, the third party beneficiary rights of DotAsia Organisation Limited shall survive any termination or expiration of this Registration Agreement.

(x) The Registered Name Holder/Registrant acknowledges that in the event of conflict between this section of the Registration Agreement and other sections of the same, this section shall prevail.

(v) .li Domains. In the case of a “.li” registration, the following terms and conditions shall apply:

(i) Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.switch.ch/id/terms. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

(ii) Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the .ch Dispute Policy that is incorporated herein and made a part of this Registration Agreement by reference. The current version of the Dispute Policy may be found at http://www.switch.ch/id/disputes/rules. Please take the time to familiarize yourself with this policy.

(w) .me Domains. In the case of a “.me” registration, the following terms and conditions shall apply:

(i) Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at: http://www.nic.me/policies/general-registration-policies.html.

You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

(ii) Domain Name Dispute Policy. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the .me Dispute Policy that is incorporated herein and made a part of this Registration Agreement by reference. The current version of the Dispute Policy may be found at http://www.nic.me/policies/dispute-policy.html

Please take the time to familiarize yourself with this policy.

(x) .tel Domains. In the case of a “.tel” registration, the following terms and conditions shall apply:

(i) Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://telnic.com/downloads/AUP.pdf.

You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

(y) .mobi Domains. In the case of a “.mobi” registration, the following terms and conditions shall apply:

(i) Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://mtld.mobi/content/become-a-dotmobi-registrar

You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

(z) .in Domains. In the case of a “.in” registration, the following terms and conditions shall apply:

(i) Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.registry.in/Policies

You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

(aa) .bz Domains. In the case of a “.bz” registration, the following terms and conditions shall apply:

(i) Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.afilias-grs.info/bz-belize

You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

(bb) .ws Domains. In the case of a “.ws” registration, the following terms and conditions shall apply:

(i) Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.worldsite.ws/legal/index.dhtml?url=worldsite.ws.

You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

(cc) .mx and .com.mx Domains. In the case of a “.com.mx” or “mx” registration, the following terms and conditions shall apply:

(i) Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.registry.mx/jsf/static_content/domain/policies_first.jsf

You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

(dd) .co and .com.co, .net.co, .nom.co Domains. In the case of a “.com.co” or “.net.co” or “.nom.co” registration, the following terms and conditions shall apply:

(i) Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.cointernet.co/domain/policies-procedures. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

(ee) .com.au, .net.au, .org.au, .asn.au, .id.au Domains. In the case of a “com.au”, “.net.au”, “.org.au”, “.asn.au” or “.id.au” registration, the following terms and conditions shall apply:

i. auDA AND REGISTRAR’S AGENCY

(1) In this agreement, auDA means .au Domain Administration Limited ACN079 009 340, the .au domain names administrator.

(2) The Registrar acts as agent for auDA for the sole purpose, but only to the extent necessary to enable auDA to receive the benefit of rights and covenants conferred to it under this agreement. auDA is an intended third party beneficiary of this agreement.

ii. auDA PUBLISHED POLICY

(1) In this clause, auDA Published Policies means those specifications and policies established and published by auDA from time to time at http://www.auda.org.au.

(2) Registrant must comply with all auDA Published Policies, as if they were incorporated into, and form part of, this agreement. In the event of any inconsistency between any auDA Published Policy and this agreement, then the auDA Published Policy will prevail to the extent of such inconsistency.

iii. Registrant acknowledges that under the auDA Published Policies:

(1) there are mandatory terms and conditions that apply to all domain names licences, and such terms and conditions are incorporated into, and form part of, this agreement; and

(2) Registrant is bound by, and must submit to, the .au Dispute Resolution Policy; and

(3) auDA may delete or cancel the registration of a .au domain name.

iv. auDA’S LIABILITIES AND INDEMNITY

(1) To the fullest extent permitted by law, auDA will not be liable to Registrant for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss or profit, loss or corruption of data, business interruption or indirect costs) suffered by Registrant arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA, its employees, agents or contractors.

(2) Registrant agrees to indemnify, keep indemnified and hold auDA, its employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, Registrant’s registration or use of its .au domain name.

(3) Nothing in this document is intended to exclude the operation of Trade Practices Act 1974.

(ff) .xxx Domains. In the case of a “.xxx” registration, the following terms and conditions shall apply:

(i) Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://icmregistry.com/policies/registry-registrant-agreement/

You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

(gg) .pro Domains. In the case of a “.pro” registration, the following terms and conditions shall apply:

(i) Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.nic.pro/legal/user-terms.shtml

You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

(ii) Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry; these policies are subject to modification;

(iii) For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where Tucows is located, presently Toronto, Ontario.

(hh) Additional ccTLD Policies. Additional registry policies may apply for ccTLDs. You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are referenced at http://www.tucowsdomains.com/domaininfo/cctld-registry-policies

33. WHOIS PRIVACY SERVICE.

The following terms and conditions will apply if you subscribe to the Whois Privacy Service:

(a) Subscribers to the Whois Privacy Service have elected to include the following information in the publicly available Whois Registry:

(i) Contact Privacy Inc. Customer ####, where #### is an individual customer identification number which is unique per domain name, shall appear as the Registrant and Contacts name(s); (ii) Tucows’ postal address and a Tucows assigned email address and telephone number shall appear on behalf of the Registrant and the Contact(s); (iii) The primary and secondary nameservers shall be those designated by the Registrant; (iv) The original date of registration and the expiration of each domain name; (v) Tucows will be identified as the registrar of record.

(b) You understand and agree that the Registrant and Contact Information that you have provided will be kept on file. You further agree and warrant that you will ensure that the Whois Information is true, accurate and up to date.

(c) You will will retain complete control over the domain name and its registration records and may suspend and reinstate the Whois Privacy Service at your discretion.

(d) The Whois Privacy Service may be used with both new and existing domain name registrations. You may use the Whois Privacy Service with respect to a domain name that has been transferred but it will only commence after the transfer has been completed. If you wish to transfer the domain name to a different registrar,the Whois Privacy Service must be disabled in order to initiate the transfer.

(e) We will send all obligatory renewal and transfer related messages to the Contacts you have designated.

(f) Communications Forwarding. Communications received with respect to a particular domain name registration will be handled as follows: (i) We will forward to you or a Contact all correspondence received by registered mail or traceable courier. This information may be opened, scanned and emailed to you or your Contact. Regular postal mail will be discarded or returned to sender at our discretion. (ii) Email correspondence will be forwarded according to the instructions of the Registrant as they appear in our records. (iii) A voice mail message will advise all callers that inbound messages will not be accepted; calls will be directed to the contactprivacy.com web site where written messages will be forwarded according to your instructions. (iv) We will only be responsible for forwarding communications where our details have appeared in the whois and when your Whois Information is accurate, complete and up to date.

(g) Right to Suspend and Disable. We shall have the right, at our sole discretion and without liability to you or any of your Contacts, suspend or cancel your domain name and to reveal Registrant and Contact Whois Information in certain circumstances, including but not limited to the following: (i) when required by law; (ii) in the good faith belief that disclosure is necessary to further determination of an alleged breach of a law; (iii) to comply with a legal process served upon Tucows; (iv) to resolve any and all third party claims including but not limited to ICANN’s or a Registry’s dispute resolution policy; (v) to avoid financial loss or legal liability; (vi) if we believe that you or one of your Contacts is using the Whois Privacy Service to conceal involvement with illegal, illicit, objectionable or harmful activities; or (vii) to transmit SPAM, viruses, worms or other harmful computer programs.

(h) You understand and agree that, in the event that we receive a formal complaint, notice of claim or UDRP, that we will have the right to disable the Whois Privacy Service pending final disposition of the matter.

ACCEPTANCE OF REGISTRATION AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS REGISTRATION AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION REGISTRATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS REGISTRATION AGREEMENT.

Mail Subscription Agreement

Before you register for a thisEcho Product or Service, you must read and agree to the following terms and conditions and policies, including any future amendments (collectively, the “Agreement”):

thisEcho Mail Subscription Agreement

thisEcho Domain Registration Agreement

Privacy Policy

thisEcho may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use thisEcho Products or Services.

1. IN THIS MAIL SUBSCRIPTION AGREEMENT

(“Mail Agreement”), “user(s)”, “you” and “your” refers to the user of the Service, “we”, “us” and “our” refers to thisEcho, the user point of initial purchase of the Service, Business Centric Services Group Limited or otherwise, being the reseller (“Reseller”). This Mail Agreement explains our obligations to you, and explains your obligations to us for the Services.

2. Description of Service

thisEcho offers subscription versions of its electronic mail services (the “Service”). thisEcho reserves the right, in its sole discretion, to limit the amount of storage space available per user and to delete materials stored for an excessive period while the user’s account has been inactive, or for violation of this Mail Agreement. Specifically, thisEcho reserves the right, in its sole discretion, to delete any materials (including e-mails) stored in connection with an unpaid thisEcho Mail account if the user’s account has been inactive for thirty (30) days. If you subscribe to thisEcho Mail, you agree to be bound by the subscription agreement.

3. Use

The Service is made available to you for your personal or business use only. You must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. thisEcho reserves the right to refuse service to anyone at any time without notice for any reason.

4. Member and User Conduct

You are responsible for maintaining the confidentiality of your password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify thisEcho of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. thisEcho cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.The Products and Services may only be used for the intended purpose for which such Products and Services are being made available.

Prohibited Conduct

You agree that you will not use thisEcho Products and Services to:

1. Upload, post, e-mail, otherwise transmit, or post links to any Content, or select any member or user name or e-mail address, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable;

2. Upload, post, e-mail, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity;

3. Upload, post, e-mail, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age;

4. Harm minors in any other way;

5. Make any sexual request on behalf of a minor or make any sexual request of a minor;

6. “Stalk” or otherwise harass another;

7. Collect or store personally identifying information about other users for commercial or unlawful purposes;

8. Impersonate any person or entity, including, but not limited to, a thisEcho official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

9. Employ misleading e-mail addresses or falsify information in the header, footer, return path, or any part of any communication, including e-mails, transmitted through the Products and Services;

10. Upload, post, e-mail, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

11. Upload, post, e-mail, or otherwise transmit, or post links to any Content that facilitates hacking;

12. Upload, post, e-mail, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights (“Rights”) of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:

a. Making available copyrighted software or other Content that has had the copyright protection removed;

b. Making available serial numbers for software that can be used to illegally validate or register software;

c. Making available tools that can be used for no purpose other than for “cracking” software or other copyrighted Content;

d. Making available any software files for which the user does not own the copyright or have the legal right to make available;

13. Upload, post, e-mail, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose;

14. Upload, post, e-mail, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or thisEcho;

15. Use automated means, including additional computers, software and scripts, to enhance any thisEcho promotions;

16. Use automated means, including spiders, robots, crawlers, or the like to download data from any thisEcho database;

17. Conduct your own contests and promotions;

18. Upload, post, e-mail, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants;

19. Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any thisEcho database, including, without limitation, by incorporating data from any thisEcho database into any e-mail or “white pages” products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise;

20. Sell, distribute, or make any commercial use of data obtained from any thisEcho database or make any other use of data from any thisEcho database in a manner which could be expected to offend the person for whom the data is relevant;

21. Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services;

22. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, the London Stock Exchange or the NASDAQ, and any regulations having the force of law;

23. Use the Products or Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities;

24. Upload, post, e-mail, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market;

25. Disobey any thisEcho employee or representative or interfere with any action by any thisEcho employee or representative to redress any violation of the Agreement;

26. Access the Products and Services after your account or access has been terminated by thisEcho;

27. Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of thisEcho or the party from whom such software may be licensed;

28. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services;

29. Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law;

30. Upload, post, e-mail, otherwise transmit, or post links to any material, or act in any manner that is offensive to the thisEcho community or the spirit of this Agreement; and

31. Advertise, offer for sale, or sell any of the following items:

a. Any firearms, explosives, or weapons;

b. Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants;

c. Any alcoholic beverages;

d. Any tobacco products for human consumption, including, without limitation, cigarettes and cigars;

e. Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors;

f. Any controlled substances or pharmaceuticals;

g. Any items that are counterfeit or stolen;

h. Any dangerous items;

i. Any goods or services that do not, in fact, exist;

j. Any registered or unregistered securities;

k. Any items that violate or infringe the rights of other parties;

l. Any items that you do not have the legal right to sell; or

m. Any items that would cause thisEcho to violate any law.

In addition to the Prohibited Conduct list you agree that you will not use the Service to:

1. Generate or facilitate unsolicited commercial e-mail (“spam”). Such activity includes, but is not limited to

2. sending e-mail in violation of the CAN-SPAM Act or any other applicable anti-spam law;

3. imitating or impersonating another person or his, her or its e-mail address, or creating false accounts for the purpose of sending spam;

4. data mining any Web property (including thisEcho) to find e-mail addresses;

5. sending unauthorized mail via open, third-party servers;

6. sending e-mails to users who have requested to be removed from a mailing list;

7. selling, exchanging or distributing to a third party the e-mail addresses of any person without such person’s knowing and continued consent to such disclosure;

8. sending unsolicited e-mails to significant numbers of e-mail addresses belonging to individuals and/or entities with whom you have no preexisting relationship;

9. Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content;

10. Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;

11. Conduct or forward pyramid schemes and the like;

12. Transmit content that may be harmful to minors;

13. Impersonate another person (via the use of an e-mail address or otherwise) or otherwise misrepresent yourself or the source of any e-mail;

14. Illegally upload, transmit, or store, or offer to do the same with respect to another’s intellectual property or other proprietary information without such owner’s or licensor’s permission;

15. Use thisEcho Mail to violate the legal rights (such as rights of privacy and publicity) of others;

16. Promote or encourage illegal activity;

17. Interfere with other thisEcho Mail users’ enjoyment of the Service;

18. Create multiple user accounts in connection with, or for the purpose of, any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses;

19. Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any thisEcho Mail account;

20. Remove any copyright, trademark or other proprietary rights notices contained in or on the thisEcho Mail Service;

21. Reformat or frame any portion of the web pages that are part of the thisEcho Mail Service;

22. Use the thisEcho Mail Service in connection with illegal peer-to-peer file sharing;

23. Use the thisEcho Mail Service in a manner that is not intended (such as file archiving, rather than sending e-mail communications); or

24. Use the thisEcho Mail Service in any way that exposes thisEcho to criminal or civil liability.

thisEcho also may suspend or terminate any user account for any Product or Service because of user inactivity. For example, a thisEcho Mail account may be terminated or suspended if a user fails to sign-in to the thisEcho Mail Service for an extended period of time. If your account is suspended or terminated for inactivity, your right to use the Service immediately ceases and no further payments will be taken.

5. Content.

You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not thisEcho or its directors, employees, affiliates, subsidiaries, agents and third party providers, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Service. thisEcho does not control the user or third party Content posted via the Service, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and Agree that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will thisEcho or its directors, employees, affiliates, subsidiaries, agents and third party providers be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, e-mailed or otherwise transmitted via the Service. As a general matter, thisEcho does not pre-screen user or third party Content posted on thisEcho, except for certain areas where thisEcho employs certain automated screening software, although thisEcho reserves the right to do so, including, without limitation, spam filtering. thisEcho does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. Furthermore, thisEcho does not guarantee that all spam will be blocked from your account, or that legitimate mail will not be flagged as spam. thisEcho reserves the right to monitor some, all, or no areas of the Service for adherence to these Terms and Conditions or any other rules or guidelines posted by thisEcho.

6. Intellectual Property Rights of thisEcho

You acknowledge and agree that certain Content available through and used to operate thisEcho and the Service is protected by copyright, trademark, patent, or other proprietary rights of thisEcho and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by thisEcho in connection with the Service. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by thisEcho, any of thisEcho’s affiliates, or any of thisEcho’s service providers. You agree not to use any of the trademarks or service marks or other Content accessible through thisEcho for any purpose other than the purpose for which such Content is made available to users by thisEcho. You agree not to defame or disparage thisEcho, the trademarks or service marks of thisEcho, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Service or any software or programs used in connection with the Service or thisEcho.

7. Representations and Warranties.

You represent and warrant that all of the information provided by you to thisEcho to participate in the Service is accurate and current; and you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

8. Privacy.

As a condition to using the Service, you agree to the terms of thisEcho Privacy Policy as it may be updated from time to time. You expressly acknowledge and agree that thisEcho may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these general terms and conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of thisEcho, its users and the public. You acknowledge and agree that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by thisEcho with regard to its users may be disclosed in accordance with thisEcho’s Privacy Policy.

9. Account Inactivity.

thisEcho reserves the right, in its sole discretion, to delete any materials (including e-mails) stored in connection with an unpaid thisEcho Mail account if the user’s account has been inactive for thirty (30) days.

10. Termination; Cancellation

You may cancel your use of the Service and/or terminate this Mail Agreement with or without cause at any time by providing thirty (30) days’ notice to thisEcho via the customer support contact at your Reseller, however, that a terminated account may continue to exist for up to two business days before such cancellation takes effect. thisEcho may at any time and for any reason terminate the Service, terminate this Mail Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless thisEcho has previously canceled or terminated your use of the Services (in which case subsequent notice by thisEcho shall not be required), if you have provided an alternate e-mail address, thisEcho will notify you via e-mail of any such termination or cancellation, which shall be effective immediately upon thisEcho’s delivery of such notice. All provisions of these terms of service which impose obligations continuing in their nature shall survive termination of the Agreement, also including Sections 3, 4, 5, 7, and 9 – 12 of the Mail Agreement.

11. Indemnification.

By using the Service you agree to hold harmless and indemnify thisEcho and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of the Service, or your submission of ideas and/or related materials to thisEcho or from any person’s use of any account or password you maintain with any portion of thisEcho, regardless of whether such use is authorized by you.

12. LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL thisEcho OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF thisEcho OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, thisEcho. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHOUT thisEcho.

UNDER NO CIRCUMSTANCES SHALL thisEcho OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

13. Choice of Law and Jurisdiction.

Unless expressly stated to the contrary elsewhere within the Service, all legal issues arising from or related to the use of the Service shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of England applicable to contracts entered into and wholly to be performed within your territory. Any controversy or claim arising out of or relating to these Terms and Conditions or any user’s use of the Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in England, and judgment on the arbitration award may be entered into in court having jurisdiction thereof. The courts of England shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user’s use of the Service. By using the Service and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in England with respect to all such disputes.

Privacy Policy

Before you register for a thisEcho Product or Service, you must read and agree to the following terms and conditions and policies, including any future amendments (collectively, the “Agreement”):

thisEcho Mail Subscription Agreement

thisEcho Domain Registration Agreement

Privacy Policy

thisEcho may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use thisEcho Products or Services.

1. Collecting Information

We may collect Personal Data about you from a number of sources, including the following:

1.1. From you when you agree to take a service or product from us, in which case this may include your contact details, date of birth, how you will pay for the product or service and your bank or credit card details.

1.2. From you when you contact us with an enquiry or in response to a communication from us, in which case, this may tell us something about how you use our services.

1.3. From documents that are available to the public, such as the electoral register.

1.4. From when you interact with us for sales, registration and payment.

1.5. Information about your system as it interacts with us such as your IP address and browser information.

2. Using Your Personal Information

2.1. Personal Data about our customers is an important part of our business and we shall only use your Personal Data for the following purposes and shall not keep such Personal Data longer than is necessary to fulfil these purposes:

2.1.1. To help us to identify you when you contact us.

2.1.2. To deliver or allow access to the products and services you have agreed to take from us.

2.1.3. To help us to identify accounts, services and/or products which you could have from us or selected partners from time to time. We may do this by automatic means using a scoring system, which uses the Personal Data you have provided and/or any information we hold about you and Personal Data from third party agencies (including credit reference agencies).

2.1.4. To help us to administer and to contact you about improved administration of any accounts, services and products we have provided before, do provide now, or will, or may provide in the future.

2.1.5. To allow us to carry out marketing analysis and customer profiling (including with transactional information), conduct research, including creating statistical and testing information.

2.1.6. To help to prevent and detect fraud or loss.

2.1.7. To allow us to contact you in any way (including mail, email, telephone, visit, text or multimedia messages) about products and services offered by us and selected partners unless you have previously asked us not to do so.

2.1.8. We may monitor and record communications with you (including phone conversations and emails) for quality assurance and compliance.

2.1.9. We may check your details with fraud prevention agencies. If you provide false or inaccurate information and we suspect fraud, we will record this.

2.2. We will not disclose your Personal Data to any third party except in accordance with this Privacy Policy.

2.3. We may allow other people and organisations to use Personal Data we hold about you in the following circumstances:

2.3.1. thisEcho will share your data with and Barclays Bank Plc and its group companies (together referred to as “Barclays”). Barclays uses and retains details you give about yourself and others to manage your product holding and provide you with any services in connection with it (if you’re an existing Barclays customer), for research or analysis, to prevent and detect fraud, money laundering and other crime, carry out regulatory checks and meet their obligations to any relevant regulatory authority. For these purposes, Barclays may need to pass your information to third parties, including or collected online to people who provide a service to them or are acting as their agents, on the understanding that such third parties will keep the information confidential. If Barclays transfers your information to a third party located in another country, they will make sure that such third party agree to apply the same levels of protection as Barclays is required to apply to your information and to use your information strictly in accordance with Barclays’ instructions.”

2.3.2. If we, or substantially all of our assets, are acquired or are in the process of being acquired by a third party, in which case Personal Data held by us, about our customers, will be one of the transferred assets.

2.3.3. If we have been legitimately asked to provide information for legal or regulatory purposes or as part of legal proceedings or prospective legal proceedings.

2.3.4. We employ companies and individuals to perform functions on our behalf and we may disclose your Personal Data to these parties for the purposes set out in clause 2.1 or, for example, for fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links) and providing customer service. Those parties are bound by strict contractual provisions with us and only have access to Personal Data needed to perform their functions, and may not use it for other purposes. Further, they must process the Personal Data in accordance with this Privacy Policy and as permitted by the Data Protection Act 1998. From time to time, these other people and organisations to whom we may pass your Personal Data may be outside the European Economic Area, including in countries where your Personal Data has fewer legal protections under the local law. We will take all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with this Privacy Policy and the Data Protection Act 1998.

2.4. Where you give us Personal Data on behalf of someone else, you confirm that you have provided them with the information set out in this Privacy Policy and that they have not objected to such use of their Personal Data.

2.5. In connection with any transaction which we enter into with you:

2.5.1. We, and other companies in our group, may carry out credit and fraud prevention checks with one or more licensed credit reference and fraud prevention agencies. We and they may keep a record of the search. Information held about you by these agencies may be linked to records relating to other people living at the same address with whom you are financially linked. These records will also be taken into account in credit and fraud prevention checks. Information from your application and payment details of your account will be recorded with one or more of these agencies and may be shared with other organisations to help make credit and insurance decisions about you and members of your household with whom you are financially linked and for debt collection and fraud prevention. This includes those who have moved house and who have missed payments.

2.5.2. If you provide false or inaccurate information to us and we suspect fraud, we will record this and may share it with other people and organisations. We, and other credit and insurance organisations, may also use technology to detect and prevent fraud.

2.5.3. If you need details of those credit agencies and fraud prevention agencies from which we obtain and with which we record information about you, please write to our Data Protection Manager at thisEcho, 130 Old Street, London, UK, EC1V 9BD.

3. Protecting Information

We have strict security measures to protect Personal Data.

3.1. We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.

3.2. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.

3.3. It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when you finish using a shared computer.

4. The Internet

4.1. If you communicate with us using the Internet, we may occasionally email you about our services and products. When you first give us Personal Data through the Reseller, we will normally give you the opportunity to say whether you would prefer us not to contact you by email. You can also always send us an email (at the address set out below) at any time if you change your mind.

4.2. Please remember that communications over the Internet, such as emails and webmails (messages sent through a website), are not secure unless they have been encrypted. Your communications may go through a number of countries before they are delivered – this is the nature of the Internet. We cannot accept responsibility for any unauthorised access or loss of Personal Data that is beyond our control.

4.3. We may use ‘cookies’ to monitor how people use our site. This helps us to understand how our customers and potential customers use our website so we can develop and improve the design, layout and function of the sites. A cookie is a piece of information that is stored on your computer’s hard drive through your browser, to recognise your browser and which records how you have used a website. This means that when you go back to that website, it can give you tailored options based on the information it has stored about your last visit. You can normally alter the settings of your browser to prevent it from accepting cookies.

4.4. If you do not want us to use cookies in your browser, you can set your browser to reject cookies or to tell you when a website tries to put a cookie on your computer. However, you may not be able to use some of the products or services on our website without cookies.

5. Cookies

5.1. What are cookies? A cookie is a piece of information that is stored on your computer’s hard drive through your browser, to recognise your browser and which records how you have used a website. This means that when you go back to that website, it can give you tailored options based on the information it has stored about your last visit. You can normally alter the settings of your browser to prevent it from accepting cookies.

5.2. How do we use cookies? Some services on this website require us to collect personal information from you. To comply with the Data Protection Act, we have a duty to tell you how we store the information we collect and how it is used. Any information you do submit will be stored securely and will never be passed on or sold to any third party.

Log files are maintained and analysed of all requests for files on this website’s web servers. Log files do not capture personal information but do capture the user’s IP address, which is automatically recognised by our web servers.

Aggregated analysis of these log files is used to monitor website usage. These analyses may be made available to thisEcho staff, Reseller staff, and partner agencies to allow them to measure, for example, overall popularity of the site and typical user paths through the site.

Except as stated already, thisEcho will make no attempt to use cookies to identify individual users. You should be aware, however, that access to web pages will generally create log entries in the systems of your ISP or network service provider. These entities may be in a position to identify the client computer equipment used to access a page. Such monitoring would be done by the provider of network services and is beyond the responsibility or control of thisEcho.

thisEcho will make no attempt to track or identify individual users, except where there is a reasonable suspicion that unauthorised access to systems is being attempted. In the case of all users, thisEcho reserves the right to attempt to identify and track any individual who is reasonably suspected of trying to gain unauthorised access to computer systems or resources operating as part of thisEcho web services.

As a condition of use of this site, all users must give permission for thisEcho to use its access logs to attempt to track users who are reasonably suspected of gaining, or attempting to gain, unauthorised access.

All web log file information collected by thisEcho or Resellers is kept secure and no access to raw web log files is given to any third party.

5.3. The cookie names we might use are described and explained below:

__utma (host: mybusinessworks.co.uk) Google Analytics: We use Google Analytics to monitor traffic levels, search queries and visits to this website.

__utmb (host: mybusinessworks.co.uk) Google Analytics stores IP address anonymously on its servers in the US, and neither BCSG nor Google associate your IP address with any personally identifiable information.

__utmc (host: mybusinessworks.co.uk) These cookies enable Google to determine whether you are a return visitor to the site, and to track the pages that you visit during your session.

__utmz (host: mybusinessworks.co.uk)

__utma (host: static.olark.com) These cookies are used to identify your unique session on the website. Typically used to maintain the integrity of your session while transacting information with a website (accessing secure areas, forms submissions etc.)

__utmz (host: static.olark.com)

5.4. How to reject cookies: If you do not want us to use cookies in your browser, you can set your browser to reject cookies or to tell you when a website tries to put a cookie on your computer. However, you may not be able to use some of the thisEcho products or services without cookies.

5.5. Turning Off Cookies in Different Browsers: The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-ons settings or visiting the website of its manufacturer.

More information: For more information generally on cookies, including how to disable them, please refer to aboutcookies.org (http://www.allaboutcookies.org/). You will also find details on how to delete cookies from your computer.

6. Links

6.1. thisEcho products and services may include third-party advertising and links to other websites. We do not provide any personally identifiable customer Personal Data to these advertisers or third-party websites.

6.2. These third-party websites and advertisers, or Internet advertising companies working on their behalf, sometimes use technology to send (or “serve”) the advertisements that appear on thisEcho products and services directly to your browser. They automatically receive your IP address when this happens. They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalise advertising content. We do not have access to or control over cookies or other features that they may use, and the information practices of these advertisers and third-party websites are not covered by this Privacy Policy. Please contact them directly for more information about their privacy practices. In addition, the Network Advertising Initiative offers useful information about Internet advertising companies (also called “ad networks” or “network advertisers”), including information about how to opt-out of their information collection.

6.3. We exclude all liability for loss that you may incur when using these third party websites.

7. Further Information

7.1. If you would like any more information or you have any comments about our Privacy Policy, please either write to us at Data Protection Manager, thisEcho, 130 Old Street, London, UK, EC1V 9BD.

7.2. We may amend this Privacy Policy from time to time without notice to you, in which case, we will publish the amended version in this same location. You confirm that we shall not be liable to you or any third party for any change to this Privacy Policy from time to time. It is your responsibility to check regularly to determine whether this Privacy Policy has changed.

7.3. You can ask us for a copy of this Privacy Policy and of any amended Privacy Policy by writing to the above address. This Privacy Policy applies to Personal Data we hold about individuals. It does not apply to information we hold about companies and other organisations.

7.4. If you would like access to the Personal Data that we hold about you, you can do this by writing to us at the address noted above. There may be a nominal charge of £10 to cover administrative costs.

7.5. We aim to keep the Personal Data we hold about you accurate and up to date. If you tell us that we are holding any inaccurate Personal Data about you, we will delete it or correct it promptly. Please write to us at the address above to update your Personal Data.