Terms and Conditions

You indicate acceptance of these terms and conditions of service by placing an order with Rosier
Internet Ltd. These terms and conditions will not be varied for individual customers.

1    DEFINITIONS

1.1    In this Agreement the following words and expressions shall have the following meanings:

1.1.1    “downtime” means any service interruption in the availability to visitors of the Website;

1.1.2    “intellectual property rights” means patents, trade marks, design rights, applications for
any of the foregoing, copyright, topography rights, database rights, rights in know-how,
trade or business names and other similar rights or obligations, whether registrable or
not in any country;

1.1.3    “Rosier Internet” means Rosier Internet Ltd;

1.1.4    “IP address” stands for internet protocol address which is the numeric address for the
server;

1.1.5    “ISP” stands for internet service provider;

1.1.6    “server” means the computer server equipment operated by Rosier Internet in connection
with the provision of the Services;

1.1.7    “the Services” means web hosting, domain name registration, email and any other services
or facilities provided by Rosier Internet.

1.1.8    “spam” means sending unsolicited and/or bulk emails;

1.1.9    “virus” means a computer programme that copies itself or is copied to other storage media,
including without limitation magnetic tape cassettes, memory chips, electronic cartridges,
optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to
the user’s files or creates a nuisance or annoyance to the user and includes without
limitation computer programs commonly referred to as “worms” or “trojan horses”;

1.1.10    “visitor” means a third party who has accessed the Website;
1.2    Product specifications and details may be found at www.rosierinternet.co.uk.

1.3    Words denoting the singular shall include the plural and vice versa and words denoting any
gender shall include all genders.

1.4    The headings of the paragraphs of this Agreement are inserted for convenience of reference
only and are not intended to be part of or to affect the meaning or interpretation of this
Agreement.

2    INTRODUCTION

2.1    The Customer wishes to provide Rosier Internet with data that will be hosted on Rosier
Internet’s  servers and made accessible via the Internet.

2.2    Rosier Internet provides web hosting services and has agreed to host the Customer’s data
upon the following terms and conditions.

3    DUTIES

3.1    Rosier Internet shall provide to the Customer the Services specified in their order
subject to the following terms and conditions.

3.2    The Customer shall deliver to Rosier Internet the website and the software used in the
website which is owned by the Customer, or licensed to him by a third party or Rosier
Internet (“the Customer Software), in a format specified by Rosier Internet.

4    CHARGES, PAYMENT AND MONEY-BACK GUARANTEE

4.1    Payment methods include credit cards (including MasterCard and Visa), debit cards
(including Switch/Maestro) and direct debits

4.2    Rosier Internet do not accept cheques, bank transfers, postal orders, cash or any other
form of payment other than those outlined in 4.1

4.3    The Charges are exclusive of VAT, which if payable shall be paid by the Customer.

4.4    Rosier Internet shall be entitled to charge interest in respect of late payment of any sum
due under this Agreement, which shall accrue from the date when payment becomes due from
day to day until the date of payment at a rate of 8% per annum above the base rate of the
Bank of England from time to time in force.

4.5    Rosier Internet do not provide credit facilities.

4.6    From time to time Rosier Internet may make enquiries on the Customers company, proprietor
or directors of the Customers company with credit reference agencies. These agencies may
record that a search has been made and share this information with other businesses.

4.7    Rosier Internet provide “Money-Back Guarantees” on certain products. Should your product
qualify for this guarantee please raise a support ticket at www.rosierinternet.co.uk
within 30 days of placing your order for a full refund. This guarantee excludes domain
names which may not be cancelled once ordered. Customers are limited to using the money-
back guarantee once.

4.8    Pro-rata refunds will not be issued for yearly services that are cancelled before the end
of the year.

4.9     Should your chosen payment method fail, Rosier Internet will attempt to settle your invoice
using any other payment facilities available on your account.

4.10    All services will renew until cancelled by the customer. Rosier Internet emails the
customers primary email address prior to renewal of services, it is the customers
responsibility to cancel services prior to renewal as no refund can be made once renewal
has occurred. Customers must notify us at least 72 hours before a service is renewed if
they wish to cancel that service. The cancellation process must be fully completed by you
before your account is cancelled.

5    IP ADDRESSES

5.1    Rosier Internet shall maintain control and ownership of the IP address that is assigned to
the Customer as part of the Services and reserves the right in its sole discretion to
change or remove any and all IP addresses.

5.2    Where Rosier Internet changes or removes any IP address it shall use its reasonable
endeavours to avoid any disruption to the Customer.

6    SOFTWARE LICENCE AND RIGHTS

6.1    If the Customer requires use of software owned by or licensed to Rosier Internet (“Rosier
Internet’s software”) in order to use the Services, Rosier Internet grants to the Customer
and its employees, agents and third party consultants and contractors, a royalty-free,
world-wide, non-transferable, non-exclusive licence to use Rosier Internet Software in
object code form only, in accordance with the terms of this Agreement. For the avoidance
of doubt, this Agreement does not transfer or grant to the Customer any right, title,
interest or intellectual property rights in Rosier Internet Software.

6.2    In relation to Rosier Internet’s obligations under this Agreement in connection with the
provision of the Services, the Customer grants to Rosier Internet a royalty-free, world-
wide, non-exclusive licence to use the Customer Software and all text, graphics, logos,
photographs, images, moving images, sound, illustrations and other material and related
documentation featured, displayed or used in or in relation to the website (“the
Content”). For the avoidance of doubt, this Agreement does not transfer or grant to Rosier
Internet any right, title, interest or intellectual property rights in the Customer
Software or the Content.

6.3    The Customer undertakes that he will not himself or through any third party, sell, lease,
license or sublicense Rosier Internet Software.

6.4    Rosier Internet may make such copies of the Customer Content as may be necessary to
perform its obligations under this Agreement, including back up copies of the Content.
Upon termination or expiration of this Agreement, Rosier Internet shall destroy all such
copies of the Content and other materials provided by the Customer as and when requested
by the Customer.

7    SERVICE LEVELS AND DATA BACKUP

7.1     Rosier Internet shall use its reasonable endeavours to make the server and the Services
available to the Customer 100% of the time but because the Services are provided by means
of computer and telecommunications systems, Rosier Internet makes no warranties or
representations that the Service will be uninterrupted or error-free and Rosier Internet
shall not, in any event, be liable for interruptions of Service or downtime of the server.

7.2    Rosier Internet carries out data backups for use by Rosier Internet in the event of
systems failure. Rosier Internet do not provide data restoration facilities for individual
customers. Even though every effort is made to ensure data is backed up correctly Rosier
Internet accepts no responsibility for data loss or corruption.

8    ACCEPTABLE USE POLICY

8.1    The website and use of the Services may be used for lawful purposes only and the Customer
may not submit, publish or display any content that breaches any law, statute or
regulation. In particular the Customer agrees not to:

8.1.1    use the Services or the website in any way to send unsolicited commercial email or “spam”,
or any similar abuse of the Services;

8.1.2    send email or any type of electronic message with the intention or result of affecting the
performance of any computer facilities;

8.1.3    publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful
material or information, or any material or information which infringes any intellectual
property rights (for the avoidance of doubt this includes licensed software distributed as
Warez), via the Services or on the Website;

8.1.4    threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and
publicity) of others;

8.1.5    engage in illegal or unlawful activities through the Services or via the Website;

8.1.6    make available or upload files to the website or to the Services that the Customer knows
contain a virus, worm, trojan or corrupt data; or

8.1.7    obtain or attempt to obtain access, through whatever means, to areas of Rosier Internet’s
network or the Services which are identified as restricted or confidential. This includes
leaving your home directory whilst using SSH access to servers.

8.1.8    operate or attempt to operate IRC bots or other permanent server processes.

8.2    The Customer has full responsibility for the content of the Website. For the avoidance of
doubt, Rosier Internet is not obliged to monitor, and will have no liability for, the
content of any communications transmitted by virtue of the Services.

8.3    If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1
Rosier Internet shall be entitled to withdraw the Services and terminate the Customer’s
account without notice.

9    ALTERATIONS AND UPDATES

All alterations and updates to the website shall be made by the Customer using the online
account management facility, FTP access or SSH access where available. The Customer will
be issued with a user name and password in order to access the account. The Customer must
take all reasonable steps to maintain the confidentiality of this user name and password.
If the Customer reasonably believes that this information has become known to any
unauthorised person, the Customer agrees to immediately inform Rosier Internet and the
password will be changed.

10    WARRANTIES

10.1    The Customer warrants and represents to Rosier Internet that Rosier Internet’s use of the
Content or the Customer Software in accordance with this Agreement will not infringe the
intellectual property rights of any third party and that the Customer has the authority to
license the Content and the Customer Software to Rosier Internet as set out in Clause 6.2.

10.2    All conditions, terms, representations and warranties that are not expressly stated in
this Agreement, whether oral or in writing or whether imposed by statute or operation of
law or otherwise, including, without limitation, the implied warranty of satisfactory
quality and fitness for a particular purpose are hereby excluded. In particular and
without prejudice to that generality, Rosier Internet shall not be liable to the Customer
as a result of any viruses introduced or passed on to the Customer.

11    INDEMNITY

The Customer agrees to indemnify and hold Rosier Internet and its employees and agents
harmless from and against all liabilities, legal fees, damages, losses, costs and other
expenses in relation to any claims or actions brought against Rosier Internet arising out
of any breach by the Customer of the terms of this Agreement or other liabilities arising
out of or relating to the Website.

12    LIMITATION OF LIABILITY

12.1    Nothing in these terms and conditions shall exclude or limit Rosier Internet’s liability
for death or personal injury resulting from Rosier Internet’s negligence or that of its
employees, agents or sub-contractors.

12.2    The entire liability of Rosier Internet to the Customer in respect of any claim whatsoever
or breach of this Agreement, whether or not arising out of negligence, shall be limited to
the charges paid for the Services under this Agreement in respect of which the breach has
arisen.

12.3    In no event shall Rosier Internet be liable to the Customer for any loss of business, loss
of opportunity or loss of profits or for any other indirect or consequential loss or
damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or
Rosier Internet had been made aware of the possibility of the Customer incurring such a
loss.

13    TERM AND TERMINATION

13.1    This Agreement will become effective on the date the service is ordered and shall continue
until terminated by either party in writing of its intention to terminate the Agreement.

13.2    Rosier Internet shall have the right to terminate this Agreement with immediate effect by
notice in writing to the Customer if the Customer fails to make any payment when it
becomes due.

13.3    Either party may terminate this Agreement forthwith by notice in writing to the other if:

13.3.1    the other party commits a material breach of this Agreement and, in the case of a breach
capable of being remedied, fails to remedy it within a reasonable time of being given
written notice from the other party to do so; or

13.3.2    the other party commits a material breach of this Agreement which cannot be remedied under
any circumstances; or

13.3.3    the other party passes a resolution for winding up (other than for the purpose of solvent
amalgamation or reconstruction), or a court of competent jurisdiction makes an order to
that effect; or

13.3.4    the other party ceases to carry on its business or substantially the whole of its
business; or

13.3.5    the other party is declared insolvent, or convenes a meeting of or makes or proposes to
make any arrangement or composition with its creditors; or a liquidator, receiver,
administrative receiver, manager, trustee or similar officer is appointed over any of its
assets.

13.4    Any rights to terminate this Agreement shall be without prejudice to any other accrued
rights and liabilities of the parties arising in any way out of this Agreement as at the
date of termination.

13.5    On termination all data held in the customers account will be deleted.

14    ASSIGNMENT

14.1    Rosier Internet may assign or otherwise transfer this Agreement at any time.

14.2    The Customer may not assign or otherwise transfer this Agreement or any part of it without
Rosier Internet’s prior written consent.

15    FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations
if the delay or failure results from events or circumstances outside its reasonable
control, including but not limited to acts of God, strikes, lock outs, accidents, war,
fire, the act or omission of government, highway authorities or any telecommunications
carrier, operator or administration or other competent authority, the act or omission of
any Internet Service Provider, or the delay or failure in manufacture, production, or
supply by third parties of equipment or services, and the party shall be entitled to a
reasonable extension of its obligations after notifying the other party of the nature and
extent of such events.

16    SEVERANCE

If any provision of this Agreement is held invalid, illegal or unenforceable for any
reason by any Court of competent jurisdiction such provision shall be severed and the
remainder of the provisions hereof shall continue in full force and effect as if this
Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

17    NOTICES

Any notice to be given by either party to the other may be sent by either email, fax or
recorded delivery to the address of the other party as appearing in this Agreement or such
other address as such party may from time to time have communicated to the other in
writing, and if sent by email shall unless the contrary is proved be deemed to be received
on the day it was sent or if sent by fax shall be deemed to be served on receipt of an
error free transmission report, or if sent by recorded delivery shall be deemed to be
served 2 days following the date of posting.

18    ENTIRE AGREEMENT

This Agreement contains the entire Agreement between the parties relating to the subject
matter and supersedes any previous agreements, arrangements, undertakings or proposals,
oral or written. This Agreement may be updated without notice.

19    GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the law of England
and the parties hereby submit to the exclusive jurisdiction of the English courts.

20    DOMAIN NAME REGISTRATION

20.1    Domain names are not deemed to be successfully registered until they appear in the
relevant whois database of the top level domain name registrar. In the event that a domain
name is unavailable when we attempt to register it Rosier Internet will provide a full
refund for that domain name.

20.2    Please return to the main terms and conditions area of this website to view terms and
conditions for individual domain name registrars.

21    SCRIPTING

Rosier Internet are not responsible for customer programming issues other than ensuring
that programming languages such as Perl, PHP and ASP are installed and functioning on the
web hosting system.

22    PRIVACY

To protect your privacy we will not distribute your details to third parties, unless
required to do so by law.

23    DATA TRANSFER

23.1    Web hosting accounts include a certain amount of data transfer, if you exceed this amount
in any one month your account will be deactivated until you have upgraded to an account
that has more data transfer included.

23.2    Web hosting accounts are prohibited from hosting file distribution websites (including but
not limited to music, video and software), adult content orientated websites, hosting
banners, graphics or cgi scripts for other websites, storing pages, files or data as a
repository for other websites or personal computers, giving away web space under a domain,
sub domain or directory.

24     SERVER USAGE

Should your account use more than 5% of the servers processing power and as a result have
a detrimental effect on other customers we will discuss with you alternative solutions for
your hosting requirements.

25    AFFILIATE PROGRAMME

Commission earned via the affiliate programme will only be paid by using a valid direct
debit/credit mandate on your account. It is the customers responsibility to ensure they
have this facility. In the event of the customer not being able to obtain this facility
then no commission will be paid.

26    EMAIL NEWSLETTER

Rosier Internet communicates with it’s customers via email and as such you agree to
receive by email our regular newsletter which contains amongst other things changes to our
terms and conditions, notification of major outages, updates to our products & features
and special offers.

27    WEBSPACE USAGE

Unlimited web space is available for genuine web site content, content must be linked into
web pages. Customers are prohibited from using the server as a file/backup repository.
Customers are expected to employ good house keeping when maintaining their account.

28     MAIL BOXES

Mail boxes not accessed for 100 days or more will be deleted from the system.