This Agreement ("Agreement") is between Aqua Ray UK Ltd ("Aqua Ray UK") and the person (individual or legal person) who signs Aqua Ray UK’s order form ("Order") incorporating this Agreement by reference ("Customer").

This Agreement governs Customer's use of UK’s Web Hosting and/or related services.

1. SERVICES

Subject to the terms of this Agreement, and contingent on Customer's satisfaction of Aqua Ray UK’s credit approval requirements, Aqua Ray UK agrees to provide Customer with web hosting and / or related services selected by Customer from Aqua Ray UK’s then published list of services ("Services") and as described in the Order, for the fees stated in the Order.

The Services to be provided initially to Customer shall be as selected in the Order and thereafter as established through correspondence between Customer and AQUA RAY UK.

2. TERM

The initial term of the Agreement shall begin on the date that AQUA RAY UK generates an order confirmation e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term").

However, no service shall commence unless and until AQUA RAY UK receives and accepts a completed Order from Customer, plus payment in full for Services to be rendered during the Initial Term and any set up charges.

AQUA RAY UK reserves the right to reject any submitted Order for any or no reason prior to written acceptance thereof by AQUA RAY UK.

Upon expiration of the Initial Term, this Agreement shall automatically renew for successive terms of the same length as the Initial Term ("Renewal Term") unless AQUA RAY UK or Customer provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or then current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."

3. PAYMENTS

Fees

All fees for Services rendered or provided to Customer shall be in accordance with Aqua Ray UK’s prices.

Customer's billing cycle shall be monthly, quarterly or annually as indicated on the Order, beginning on the Service Commencement Date. AQUA RAY UK may require payment for the first billing cycle before beginning service. Fees for the Renewal Term are payable seven (7) days in advance of each billing cycle.

If the Order provides for credit / debit card billing, Customer authorises AQUA RAY UK to bill subsequent fees to the credit / debit card before, on or after the first day of each successive billing cycle during the Term of this Agreement otherwise AQUA RAY UK will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order.

Payments must be made in Great British Pounds. Customer is responsible for providing AQUA RAY UK with changes to billing information (such as credit card expiration, change in billing address).

Payment in full of such invoiced amount is due upon receipt of the invoice. Should payment in full of any invoice not be received, AQUA RAY UK may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. In addition AQUA RAY UK may terminate this Agreement and / or suspend Services without notice if payment for Services is overdue.

Fees not disputed within thirty (30) days of due date are conclusively deemed accurate. Customer agrees to pay Aqua Ray UK’s reasonable reinstatement fee following a suspension of service for non-payment, and to pay Aqua Ray UK’s reasonable costs of collection of overdue amounts, including collection agency fees, legal fees and court costs.

Fee Increases

AQUA RAY UK may amend the Services and / or the fees it charges for Services by giving at least thirty (30) days notice to Customer, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee and for any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

Taxes

At Aqua Ray UK’s request Customer shall remit to AQUA RAY UK all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on AQUA RAY UK) regardless of whether AQUA RAY UK fails to collect the tax at the time the related services are provided.

Early Termination

Customer acknowledges that the amount of the fee for Services is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event AQUA RAY UK terminates the Agreement for Customer's breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for Aqua Ray UK’s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due seven (7) business days following termination of the Agreement.

4. LAW / AUP

Customer agrees to use the services in compliance with applicable law and Aqua Ray UK’s Acceptable Use Policy (the "AUP"), which is hereby incorporated by reference in this Agreement.

Customer agrees that AQUA RAY UK may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services.

Amendments to the AUP are effective on the earlier of Aqua Ray UK’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment.

Customer agrees to cooperate with Aqua Ray UK’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between AQUA RAY UK and Customer regarding the interpretation of the AUP, Aqua Ray UK’s commercially reasonable interpretation of the AUP shall govern.

5. CUSTOMER INFORMATION

Customer represents and warrants to AQUA RAY UK that the information he, she or it has provided and will provide to AQUA RAY UK for purposes of establishing and maintaining the service is accurate.

If Customer is an individual, Customer represents and warrants to AQUA RAY UK that he or she is at least 18 years of age, and AQUA RAY UK reserves the right to ask for proof of age (in the form of a valid passport or photo driving licence) and to carry out checks to verify the information provided.

AQUA RAY UK may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.

6. INDEMNIFICATION

Customer agrees to indemnify and hold harmless AQUA RAY UK, Aqua Ray UK’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.

7. DISCLAIMER OF WARRANTIES

Customer agrees to use all Aqua Ray UK's services and any information obtained through or from Aqua Ray UK at customer's own risk.

Aqua Ray UK does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law Aqua Ray UK disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. To the extent permitted by applicable law, all services are provided on an "as is" basis.

8. LIMITATION OF DAMAGES

Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be be aware of the possibility of such damages.

Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Aqua Ray UK and any of its employees, agents or affiliates, under any theory or law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by the customer for three months of service.

9. SUSPENSION / TERMINATION

Suspension of Service

Customer agrees that AQUA RAY UK may suspend services to Customer without notice and without liability if: (i) AQUA RAY UK reasonably believes that the services are being used in violation of any Terms and Conditions or the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) AQUA RAY UK reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Aqua Ray UK’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

AQUA RAY UK operates a Banned Services Policy in the instance of a chargeback or misuse of an AQUA RAY UK product or service.

Termination

The Agreement may be terminated by either party, without cause, by giving the other party thirty (30) days prior written notice.

The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if AQUA RAY UK fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail.

The Agreement may be terminated by AQUA RAY UK prior to the expiration of the Initial Term or any Renewal Term without liability as follows:

-without notice if Customer is overdue on the payment of any amount due under the Agreement;

-if Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within ten (10) days of a written notice from AQUA RAY UK describing the violation in reasonable detail;

-without notice if Customer's service is used in violation of a material term of the AUP more than once, or

-upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement.

Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

If a domain name is transferred or cancelled within the first year of registration, an administration fee of twenty pounds (£20.00) excluding VAT will be charged. The transfer or change of handle / tags will not take place until payment has been received in full.

10. REQUESTS FOR CUSTOMER INFORMATION

Customer agrees that AQUA RAY UK may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that AQUA RAY UK believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

11. BACK UP COPY

Customer agrees to maintain a current copy of all content hosted by AQUA RAY UK notwithstanding any agreement by AQUA RAY UK to provide back up services.

12. CHANGES TO AQUA RAY UK.NET'S NETWORK

Upgrades and other changes in Aqua Ray UK’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. AQUA RAY UK reserves the right to change its network in its commercially reasonable discretion, and AQUA RAY UK shall not be liable for any resulting harm to Customer.

13. NOTICES

Notices to AQUA RAY UK under the Agreement shall be given via the customer control panel ticket system available at www.aquaray.co.uk. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

14. FORCE MAJEURE

AQUA RAY UK shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Aqua Ray UK’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, theft, destruction, terrorist activity, acts of God or other events of a magnitude or type for which precautions are not generally taken in the industry.

15. GOVERNING LAW

The Agreement shall be governed by the laws of England and all claims concerning this Agreement shall be brought exclusively in English courts located in England. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defences concerning said forum. The Customer is deemed to have agreed to this Agreement, when commencing use of any of Aqua Ray UK's services.

16. MISCELLANEOUS

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer / employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority.

AQUA RAY UK reserves the right to amend this Agreement and the AUP and Customer shall be bound by any such amendments. Customer shall have the obligation to periodically visits Aqua Ray UK’s website www.aquaray.co.ukto review the AUP and make certain Customer is in full compliance therewith. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern.

The terms on Customer's purchase order or other business forms are not binding on AQUA RAY UK unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not.

The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement.

There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Aqua Ray UK’s prior written consent. Aqua Ray UK’s approval for assignment is contingent on the assignee meeting Aqua Ray UK’s credit approval criteria. AQUA RAY UK may assign the Agreement in whole or in part.

This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral.

The Customer is deemed to have agreed to this Agreement when commencing use of any of Aqua Ray UK’s Services.

Acceptable Use Policy

The Aqua Ray UK Usage Policy has been developed with the following objectives:

Ensure security, reliability and privacy of Aqua Ray UK' systems and network, and the networks and systems of others.

Maintain the image and reputation of Aqua Ray UK as a responsible provider.

Preserve the value of Internet resources as a conduit for free expression.

Encourage the responsible use of net resources and discourage practices which degrade the usability of network resources and thus the value of Internet services.

Avoid situations that may cause Aqua Ray UK to incur civil liability.

Preserve the privacy and security of individual users.

We expect our Customers to use the Internet with courtesy and responsibility and to be familiar with and to practice good Internet etiquette. By adhering to the following policies, our Customers are protecting the rights and privileges of all Internet users.

Violation of any of the following policies is strictly prohibited and will result in:

Immediate termination of all accounts

Immediate suspension of websites

Notification of suspected of illegal activities to the relevant authorities e.g. the Police and / or the Internet Watch Foundation

I. GENERAL CONDUCT

Customers are prohibited from transmitting on or through any of Aqua Ray UK' services, any material that is, in Aqua Ray UK' sole discretion, unlawful, threatening, abusive, libellous, or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation.

Aqua Ray UK' services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of UK regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Aqua Ray UK reserves the right to remove such illegal material from its servers.

Customers may not engage in tortuous conduct including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or making physical threats against another person via email, news, or any other electronic media/service we provide.

The Customer is responsible for providing and maintaining accurate and up-to-date billing information. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

II. SYSTEM AND NETWORK USAGE

a. Security

Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, or probing the security of other networks.

Customers may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.

Customers must safeguard their account passwords to prevent unauthorized access to their account.

Users who violate systems or network security may incur criminal or civil liability. Aqua Ray UK will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Aqua Ray UK Reserve the right to access servers/accounts within their network if they believe the terms and conditions of use are not being followed.

Bit Torrent software and P2P protocol software is not permitted on our network. Servers continuously running a risk of supporting these types of services will be disabled and cancelled from our network.

b. Email

Harassment, whether through language, frequency, or size of messages, is prohibited.

Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Customer must not send that person any further email.

Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.

Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.

Malicious email, including but not limited to "mail bombing" (flooding a user or site with very large or numerous pieces of email) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited.

Forging of header or any other information is not permitted.

Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited.

Aqua Ray UK accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.

These rules apply to other types of Internet-based distribution mediums as well. USENET postings have their own regulations; see below.

c. General Uses

Customers may not permit the use of mail services, mail forwarding capabilities, POP accounts, or auto responders other than for the Customer's own account.

Customers may not employ posts or programs that consume excessive CPU time or storage space. Aqua Ray UK reserves the right to kill off CPU intensive process.

Customers may not use shared hosting services for back-ups, providing free hosting services or running proxies.

d. Banned Scripts

We do not allow scripts that requires more than 8MB of memory space, more than 30 CPU seconds, or use more than 5% of all available shared system resources at any time.