THE FOLLOWING TERMS OF BUSINESS APPLY TO ALL SERVICES PROVIDED BY DBTEQ LIMITED, TRADING AS GECKODOMAINS, TO YOU. BY PURCHASING SERVICES FROM DBTEQ LIMITED YOU AGREE TO THESE TERMS OF BUSINESS.

1. DEFINITIONS

1.1 In this Agreement, defined terms shall have the meaning given to them in Schedule 1 of this Agreement.

2. APPLICATION OF TERMS

2.1 These Terms apply to any or all Services to be provided by DBTeq to You from time to time. These Terms are made up of a number of constituent parts, including the Service-Specific Terms governing DBTeq's provision of the relevant Service to You, as well as the General Terms that govern the provision of all such Services.

2.2 These Terms together with any Order(s) represent the entire agreement relating to the Services and supersede any arrangements previously agreed between You and DBTeq. Save in the case of fraudulent misrepresentation or fraudulent concealment, any representation, warranty or undertaking, whether oral or written, (including in any previous correspondence or communication) and any other terms and conditions sought to be imposed by You by Your own order forms or otherwise are expressly excluded.

2.3 DBTeq may alter these Terms at any time without notification to You provided the current Terms are always available on DBTeq's website, and Your sole remedy in the event that You do not agree to such amendments shall be to serve 3 months written notice of termination within 10-business days of being notified of the amendment, without any right to damages. However, no change to these Terms, or a subsequent version of these Terms as may be posted on the DBTeq website from time to time, or any other part of the Agreement, shall be binding unless made with the prior written consent of a director of DBTeq. Unless DBTeq notifies You to the contrary, no agent of, or person employed by or under contract with DBTeq, has any authority to alter or vary these Terms or the Agreement in any way.

2.4 In addition to these Terms, all domain name registrations are subject to the terms and conditions of any registrar DBTeq may use to fulfil the Order and the rules and regulations of the relevant Network Information Centre (NIC) or similar registry administrator. As a condition of the Agreement You agree to be bound by the rules and regulations and dispute resolution policies applicable to each domain name applied for on Your behalf. Details of these terms and conditions are available from the relevant registries such as Nominet (www.nominet.org.uk) for .uk domains and SIDN (www.sidn.nl) for .nl domains

2.5 You confirm that, in agreeing to these Terms, You have not relied on any representation save insofar as the same has expressly in these Terms been made a representation and You agree that You shall have no remedy in respect of any misrepresentation (other than a fraudulent misrepresentation) which has not become a term of this Agreement. No oral explanation or oral information given by any party shall alter the interpretation of these Terms.

SERVICE-SPECIFIC TERMS AND CONDITIONS

3. DOMAIN NAME REGISTRATION

General

3.1 DBTeq does not warrant or guarantee that the domain name applied for will be registered in Your name or is capable of being registered by You. Accordingly, You should take no action in respect of Your requested domain name(s) until You have been notified that Your requested domain name has been registered.

3.2 The registration of the domain name and its ongoing use is subject to the relevant naming authority's terms and conditions of use and You are responsible for ensuring that You are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims You may have against DBTeq in respect of the decision of a naming authority to refuse to register a domain name and, without limitation, agree that the administration charge paid by You to DBTeq shall be non-refundable in any event.

3.3 DBTeq accepts no responsibility in respect of the use of a domain name by You and any dispute between You and any other individual or organisation regarding a domain name must be resolved between the parties concerned and DBTeq will take no part in any such dispute. DBTeq reserve the right, on DBTeq becoming aware of such a dispute, at DBTeq's sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority. You warrant and undertake that to the best of Your knowledge and belief neither the registration of the domain name nor the manner in which it is directly or indirectly used by You or and any licensee directly or indirectly infringes the legal rights of a third party.

3.4 You are solely responsible for providing DBTeq with accurate and up-to-date contact information and DBTeq shall not accept any responsibility for any cancellation or refusal to renew a domain name by the relevant naming authority due to any failure to provide such information. Any changes made by You to Your details using the GeckoDomains Control Panel facility are Your own responsibility. DBTeq are not responsible for the renewals of any domain name registrations and You should make Your own arrangements for reminding Yourself when any name is due for renewal.

3.5 Where DBTeq is acting as registrar, the Nominet-adopted or other relevant NIC-adopted consensus policies on transfer of sponsorship of registrations between registrars shall apply. DBTeq reserves the right to charge an administrative fee in respect of any transfers to another web hosting or domain name registration company in accordance with DBTeq's Standard Price List from time to time.

Information You are required to submit

3.6 As part of the registration process, You are required to provide certain information and to promptly update this information as needed to keep it current, complete and accurate. This information will be used by DBTeq in accordance with any Privacy Policy it may adopt from time to time and the provisions of the Data Protection Act 1998. The information You are obliged to provide in connection with the domain name You are registering is the following:

Your name and postal address (and/or if different, that of the domain name holder);

the domain name being registered.

3.7 You agree and acknowledge that when You renew Your domain name registration, the type of information You are required to provide may have changed. If You do not wish to provide the new required information, Your registration may not be renewed.

Additional information maintained about Your registration

3.8 In addition to the information You provide, as registrar DBTeq maintains records relating to Your domain name registration. These records may include:

the original creation date of the registration;

the submission date and time of the registration application to DBTeq and by DBTeq to the proper registry;

communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between You and DBTeq;

records of account for Your domain name registration, including bank account and/or credit card details and dates and amounts of all payments and refunds;

the IP addresses of the primary nameserver and any secondary nameservers for the domain name;

the corresponding names of those nameservers;

the name, postal address, e-mail address, voice telephone number, and where available, fax number of the technical contact for the domain name;

the name, postal address, e-mail address, voice telephone number, and where available, fax number of the zone contact for the domain name;

the expiration date of the registration;

information regarding all other activity between You and DBTeq regarding Your domain name registration and related services.

3.9 All other information which DBTeq may request from You at registration is voluntary. However, not providing this information may prevent You from obtaining all products and services made available to domain name registrants by DBTeq, other than registration of the domain name.

3.10 If You intend to license use of a domain name to third party You are still responsible for providing the contact information specified above. You accept liability for any wrongful use of the domain name unless You promptly disclose to any party providing reasonable evidence of actionable harm the identity of the license and proof that liability has been legally transferred to that third party.

3.11 If You licence a domain name to a third party You will remain responsible for payment of the relevant Fees and performance of all other obligations under this Agreement.

Obligations relating to provided data

3.12 In the event that, in registering the domain name, You are providing information about a third party, You hereby represent that You have:

provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and

that You have obtained that third party's express consent to the disclosure and use of that party's information as set forth in these Terms.

3.13 You acknowledge that wilfully providing inaccurate information or wilfully failing to update information promptly, or failure to respond for over fifteen (15) days to inquiries by DBTeq concerning the accuracy of contact details associated with Your registration will constitute a material breach of these Terms and will be sufficient basis for cancellation of Your domain name registration.

3.14 DBTeq will not process data about any identified or identifiable natural person that DBTeq obtains from You in a way incompatible with the purposes and other limitations which DBTeq describes in this Agreement or in connection with its duties under the Data Protection Act 1998.

3.15 DBTeq will take reasonable precautions to protect the information it obtains from You from DBTeq's loss, misuse, unauthorised access or disclosure or use, or alteration or destruction, of that information. DBTeq will have no liability to You or any third party to the extent that such reasonable precautions are taken.

Disclosure and use of registration information

3.16 You agree and acknowledge that DBTeq will make available domain name registration information You provide or that DBTeq otherwise maintains to Nominet, SIDN and other relevant NICs, to the registry administrator(s), and to other third parties as any NIC and applicable laws may require or permit. You further agree and acknowledge that DBTeq may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information You provide, for the purposes of inspection or for targeted marketing and other purposes as required or permitted by an NIC and applicable laws.

3.17 Additionally, You acknowledge that an NIC may establish guidelines, limits and/or requirements that relate to the amount and type of information that DBTeq may or must make available to the public or to private entities and the manner in which such information is made available.

3.18 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 DBTeq.

Ownership of data

3.19 You agree and acknowledge that DBTeq owns all database, compilation, collective and similar rights, title and interests worldwide in DBTeq's domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that DBTeq owns the following information for those registrations for which DBTeq is the registrar:

the original creation date of the registration,

the expiration date of the registration,

the name, postal address, e-mail address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for the domain name registration,

any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and

any other information DBTeq generates or obtains in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers.

Domain Registrar Transfers

3.20 You agree that You can change registrar for an existing domain name only in accordance with the policy of the relevant registry. You agree You may not change registrar for a period of sixty (60) days after initial registration of the domain name with DBTeq. Only the Authoritative Holder of the domain name registration may initiate a request to transfer that domain name registration from another registrar to DBTeq. You hereby represent that You have the full and complete authority as the holder of the domain name registration to initiate such a transfer, or that You have been given full and complete authority by the Authoritative Holder of the domain name registration to initiate such a transfer. DBTeq, at its sole discretion, may require You to provide documentation that proves that the Authoritative Holder of the domain name initiated this transfer request. The request to transfer a domain name registration from another registrar to DBTeq may be denied:

during the first sixty (60) days after initial registration of the domain name with the original registrar;

in accordance with circumstances described in the Domain Name Dispute Policy;

if there is a pending bankruptcy of the domain name holder;

where there is a dispute over the identity of the domain name holder;

by operation of law; or

at the discretion of the then-current registrar.

3.21 It is the responsibility of the Authoritative Holder to ensure that the request to transfer will not be denied for any of the above reasons prior to initiating and paying for the registrar transfer services. Fees are not refundable, but can be applied to subsequent transfer requests at DBTeq's sole discretion.

3.22 Upon successful completion of the registrar transfer request, DBTeq shall immediately become the registrar of record. You will be required to extend Your existing registration term for one (1) year from the date Your existing registration is set to expire, provided that the total unexpired term of a registration does not exceed ten (10) years.

4. DBTEQ SERVICES

4.1 DBTeq specifically excludes any warranty as to the accuracy or quality of information received by any person via the Server and in no event will DBTeq be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server.

4.2 You warrant to DBTeq that You will only use Your assigned Web Site for lawful purposes, and accept sole responsibility for all content that is published on the server. In particular, You further warrant and undertake to DBTeq that:

You will not, nor will You authorise or permit any other party to, use the Server in violation of any law or regulation;

You will not knowingly or recklessly post, link to or transmit:

any material that is unlawful, threatening, abusive, harmful, malicious, libellous, defamatory, obscene, pornographic, profane or otherwise objectionable in any way; or

any material containing a virus or other hostile computer program;

any material that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person, firm or company under the laws of any jurisdiction; and

You will conform to the standards and acceptable use policies of DBTeq, as defined in this clause 4, and You will ensure that neither You nor any of Your end users make excessive or wasteful use of the Server to DBTeq's detriment or that of DBTeq's other customers. Specifically:

If the total storage space that is occupied on DBTeq's server by the contents of Your Web Site exceeds the amount of allocated storage space by more than 10% over a one month period, as measured in megabytes, and based on the total amount of space designated for a give web service level, DBTeq shall issue a warning to You by email requesting You remove the contents or upgrade to a higher capacity product. If You do not comply with the request, DBTeq can upgrade You to a more suitable server level without obtaining Your consent or alternatively may elect to close down the service without further notice. You shall then comply with the terms and conditions specified for the new product if applicable.

With regards to data traffic on Shared Hosting services, a Fair Use policy will apply. If the contents of Your Web Site regularly generates more server traffic than is deemed acceptable by DBTeq, being to the detriment of other DBTeq customers, DBTeq shall issue a warning by email to You in which DBTeq requests that You remove the contents or upgrade to a more suitable package. Overloading may be caused by abnormally high traffic on Your web pages or by powerful software solutions, which You have installed on the Web Site. The warning will also contain the terms and conditions for the appropriate solution, which is capable of handling Your prevailing level of traffic. If You do no comply with this warning within 10-business days, DBTeq reserves the right to close down Your Web Site.

Dedicated Hosting and Hosting product ranges have a set bandwidth allocation applicable to each product, defined in Mbps or GB for which a fee is payable. If in any calendar month, You obtain any bandwidth or disk space usage over that basic allocation then DBTeq will charge You its standard over-usage charge, which will be invoiced one (1) calendar month in arrears and payable in accordance with clause 7.

4.3 DBTeq can routinely carry out searches in Your database for information that is unlawful or in some other way conflict with our commercial profile as a family-friendly corporate entity. DBTeq shall implement adequate internal procedures so as to ensure that information of this nature is kept confidential and is only being accessed by DBTeq personnel.

4.4 In the event that DBTeq has reason to believe that You are publishing or distributing illegal contents or in some other ways contributing to illegal activity using DBTeq's servers, DBTeq can access and copy Your stored information. DBTeq shall delete the copied contents as soon as suspicion has been refuted, or when the need for a copy can no longer be justified. Under no circumstances will DBTeq grant access to the contents retrieved to other parties, unless You have given consent or an order for compulsory disclosure is served on DBTeq by governing authorities. Such activities include, but are not limited to copyright infringement, child pornography, Bit Torrent services, DMCA Violations, or attacks on other networks/servers.

4.5 DBTeq may suspend the Service immediately in its sole discretion if it receives any complaint that material on the Server may be unlawful, harmful or defamatory or if it believes its standards or acceptable use policy have been breached

4.6 You are responsible for obtaining any licenses or permissions from public authorities that are required due to the contents uploaded by, or the web activity undertaken by You.

4.7 DBTeq may disclose Your name and address to a complaining individual or investigating authority if in its reasonable discretion, it is necessary or appropriate to do so.

4.8 You are responsible for sending mail in accordance with any relevant legislation (including data protection legislation) and for sending the same in a secure manner. DBTeq will take all reasonable steps to ensure accurate and prompt routing of messages but it will not accept any liability for non-receipt or misrouting or any other failure of email.

4.9 You warrant, undertake and agree that:

all transactions within any online store system operated by You will be contracts for the sale of goods between You as the merchant and Your end-user customer and You agree that DBTeq may include an exclusion of its liability in respect of such purchases and transactions in such form as it deems appropriate;

the information contained within any online store system complies with all applicable law, including, without limitation, any distance selling regulations and data protection regulations in force from time to time;

You will keep secure any identification, password and other confidential information relating to Your account and You will notify DBTeq immediately of any known or suspected unauthorised use of Your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of Your password information.

4.10 While DBTeq will use reasonable endeavours to ensure the integrity and security of the Server, it does not guarantee that the Server will be free from unauthorised users or hackers.

4.11 You will receive a password, which is used as a safety mechanism when logging into your Control Panel and/or server. DBTeq has the right to run software that verifies the user name and password. You have sole responsibility for any passwords that are allotted to You, and You shall keep all such passwords confidential and take all security measures to prevent any unauthorised person from gaining access to any password.

4.12 Shared Hosting services and Dedicated Server are provided on the basis of an initial term of twelve (12) months. Thereafter the Services will automatically continue until You terminate the Services giving 30 days notice in writing to DBTeq. Any such termination or cancellation will be subject to the payment of any outstanding charges.

4.13 DBTeq's Service Level Agreements set out the hosting performance You can expect and Your right to credits in the event of non-performance of Your DBTeq server.

4.14 DBTeq retains the exclusive ownership and proprietary rights to all equipment to which You are granted access under this agreement, unless this agreement relates to co-located servers supplied by You in which case the server box itself remains the property of You and all network and ancillary equipment remains the property of DBTeq.

5. RESELLER TERMS AND CONDITIONS

5.1 Resale of web space or functionality on any product is not permitted without approval and written agreement from DBTeq, granted after registration is lodged on any GeckoDomains website.

5.2 If You are or become a reseller of DBTeq's Services You must ensure that You continue to comply with these Terms by making Your customers bound to no less comprehensive and protective Terms than these.

5.3 You agree that in Your capacity as reseller of DBTeq's Services You will not incur any liability on DBTeq's part nor in any way pledge or purport to pledge its credit or purport to make any contract binding on DBTeq.

5.4 DBTeq does not accept liability or default of Your own customers as affecting or limiting Your obligations under this Agreement and suggests that You require Your customers to sign a form of this Agreement.

5.5 As a reseller You shall hold DBTeq and shall procure that Your customers hold DBTeq harmless in respect of any act or omission by You or Your customers and to indemnify DBTeq in respect of any claims that may be made directly against DBTeq.

GENERAL TERMS AND CONDITIONS

6. ORDERS

6.1 Each Order for Services by You shall be deemed to be an offer by You to buy the Services from DBTeq subject to these Terms. No Order shall be deemed to be accepted by DBTeq until DBTeq issues a written acknowledgement or (if earlier) the Services are provided.

6.2 DBTeq shall be under no obligation to deliver any Services in addition to those identified in the Order without the prior written consent of a duly authorised representative of DBTeq.

6.3 You shall provide to DBTeq, at Your cost, any information, resources or facilities reasonably requested by DBTeq for the delivery of the Services and, where necessary, ensure that Your employees, contractors and other suppliers co-operate fully and promptly with DBTeq.

6.4 Any instructions supplied by You to DBTeq in relation to the Services must be complete, accurate and clearly legible. DBTeq reserves the right to make a charge for any costs and any additional work incurred by DBTeq from any failure by You to comply with this provision and shall not be liable for any errors caused by such failure.

6.5 You acknowledge and agree that the Services commence upon the sending of DBTeq's notice of confirmation, pursuant to clause 7.1 above, and that there is no right to cancel this Agreement under the Council Directive 97/7/EC on the protection of consumers in respect of distance contracts or associated local laws.

7. PAYMENT

7.1 DBTeq will take payment under its direct debit or alternative arrangements annually in advance unless otherwise agreed. The first payment will cover the set-up and twelve (12) months' hosting for shared hosting, the set-up and three (3) months hosting for dedicated hosting, and as directed in the DBTeq sales proposal for enterprise hosting.

7.2 Without prejudice to DBTeq's other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, DBTeq reserves the right, forthwith and at its sole discretion, to suspend the provision of Services to You.

7.3 Subject to an increase in third party costs such as Local Administration Costs, the Fee for the Services shall be in accordance with the relevant scale of charges and rates published from time to time on the GeckoDomains website. DBTeq reserves the right to alter the Fees payable for Services at any time and any new Order for Services after such time shall be deemed to have been made in acceptance of such new Fees. Such alterations will not affect any previously accepted Order or quotation given under 7.4 below.

7.4 You acknowledge that Local Administration Costs may differ from the amount or amounts (if any) previously indicated by DBTeq as a result of changes in pricing by the relevant domain authority and/or changes in the exchange rate and associated bank charges and You agree to pay the actual Local Administration Costs incurred by DBTeq on Your behalf if higher than those set out in the Order.

7.5 You acknowledge that the Fee may represent only the initial costs of a domain name registration and that continued use of the name will require You to pay recurring charges and renewal fees in accordance with Clause 7.1.

7.6 Unless otherwise expressly specified in the Order, and subject to clause 3.2, all quotations given by DBTeq for DBTeq's Fees are valid for a period of fourteen (14) days only from the date upon which they are given, after which time the quotation shall automatically expire.

7.7 The price of the Services is exclusive of VAT or its equivalent and all other tax or duty which, if applicable, shall be payable by You in addition at the appropriate rate.

7.8 DBTeq reserves the right to demand payment on account in advance of providing any Services and unless otherwise specified in the Order may invoice in respect of work completed or to be carried out, before, during and after completion of such work as it sees fit.

7.9 You will provide DBTeq with the details requested in Clause 3 and the relevant subscription details, including details of Your preferred payment method and confirmation that DBTeq may process Your details in order to renew Your Subscription.

7.10 DBTeq will automatically renew Your Subscription for a further twelve (12) months unless You advise it otherwise with at least 30 days written notice for Shared and Dedicated Hosting Customers, and 90 days notice for Hosting customers. Payment for such renewal will be taken in accordance with this Clause 7.11. On receipt of the funds by DBTeq, DBTeq shall send a receipted invoice to You.

7.11 Invoices are payable within thirty (30) days of the date of the invoice without deduction or set-off. Unpaid invoices shall attract interest at a rate of 4% above the base rate of Barclays Bank plc per annum without prior notice (such interest being payable both before and after any judgment may be obtained) and DBTeq reserves the right to suspend the Services until payment is made. Time for payment is of the essence. With regard to Fees that relate to the relevant fee for a domain name registration, You must make payment in full before Your application can be accepted.

7.12 Where You do not re-register Your domain name(s), DBTeq may choose to register the title in and ownership to these domain names, and if such Fees are overdue DBTeq may deal with such names without restriction as if the full legal and beneficial owner.

7.13 All payments should be done within 14 days, unless otherwise agreed upon. After 30 days of non-payment, a € 10,00 surcharge will be added to your bill for extra administration costs. 37 days after non-payment DBTeq holds to right to suspend all services until full payment has been made.

8. INTELLECTUAL PROPERTY RIGHTS AND OTHER CONSENTS

8.1 DBTeq retains ownership of all intellectual property rights in the Materials. DBTeq grants to You a limited licence to store and view the Materials delivered to You on Your internal computer network. Unless done so strictly for Your internal business use, the Materials may not be otherwise reproduced, transmitted, broadcast or displayed in public without DBTeq's prior written consent. DBTeq is the proprietor of the DBTeq trade mark in the UK and other countries. All other trade marks, product names and company names or logos used in DBTeq's site are DBTeq property or that of their respective owners. No permission is given by DBTeq in respect of the use of any such trade marks, get-up, product names, company names, logos or titles and You acknowledge that such use may constitute an infringement of the holder's rights.

8.2 You are solely responsible for obtaining all intellectual property rights clearances and/or other consents and authorisations necessary in respect of the names, marks or other materials which are the object of the Services (the "Objects") and You warrant that DBTeq use of such Objects shall not infringe any third party's intellectual property rights or be otherwise unlawful or illegal.

8.3 On becoming aware of any dispute between You and any other individual or organisation regarding the Objects, DBTeq reserves the right, at its sole discretion and without notice or liability to You, to cease any further use of such Objects including, without limitation, deleting or suspending them from its computer systems and/or to make appropriate representations or provide information to any relevant authority or interested party.

Use of the GeckoDomains Website

8.4 DBTeq provides the information on its GeckoDomains websites and encourages you to print copies of the information for your personal use, store the files on your computer, and establish links to GeckoDomains websites from Your own domains. However, there are legal limitations and restrictions that are imposed on all visitors to this and related sites.

8.4 These sites contain information which is the proprietary property of DBTeq. DBTeq has invested money, time and effort in developing this site and the information contained herein. Such property includes but is not limited to copyrights, trademarks, and information about technology. These may be provided in the form of text, graphic, audio, and video downloads, links, games or source codes ('Services and Materials'). DBTeq retains the rights to such Services and Materials.

8.5 Services and Materials are intended only for DBTeq's customers and are provided only for your convenience. DBTeq grants you no license or property rights to any such Services and Materials.

8.6 DBTeq does not warranty the accuracy, completeness or reliability of Services and Materials and other items contained on this server or any other server. Therefore, you are not to rely on any Services and Materials provided on this site unless we expressly advise you in writing that you may do so.

8.7 The Services and Materials are provided by DBTeq on an as-is basis, and DBTeq expressly disclaims any and all warranties, expressed or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any services or materials. In no event shall DBTeq be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the services and materials.

8.8 Please do not rely upon or utilise the Services and Materials to purchase, sell, trade or transact in any securities. Note that information provided herein does not meet disclosure requirements or regulatory bodies as may be required in different countries, including but no limited to the UK Financial Securities Authority (FSA). Investment decisions should not be made based upon Services and Materials provided herein.

8.9 The information regarding the stocks and any information contained within the GeckoDomains websites do not constitute an offer by DBTeq of any of its securities nor does it constitute a request for an offer to buy any securities.

9. LIABILITY

9.1 Whilst DBTeq shall use reasonable skill and care in the delivery of the Services You acknowledge that the delivery of the Services:

is subject to the inherent technical and operational limitations of the Internet, including, but not limited to, the lack of security and unreliability of its communications, the evolving nature of its organisational, legal and regulatory framework, and the potential inaccuracy and variable standards of its relevant data repositories, such as national domain name registries, and is therefore made without guarantee as to accuracy or completeness for which DBTeq shall have no liability to You or any third party;

may, in whole or in part, be prohibited, restricted or otherwise subject to relevant third party contractual provisions, such as the terms and conditions of Internet naming authorities, for which DBTeq shall have no liability to You and You warrant that You shall ensure that You are made aware of, and comply with, such provisions.

9.2 DBTeq shall use reasonable endeavours to provide continuing availability of the Server and the Services but shall not, in any event, be liable for Service interruptions or down time of the Server, except to the extent set out in DBTeq's Service Level Agreement applicable to the Services You have ordered.

9.3 DBTeq shall not be liable for any delay or failure to perform its obligations under this Agreement where such delay or failure is due to circumstances beyond its reasonable control including, without limitation, any act or omission by You or providers of internet connectivity and other events of Force Majeure. Any time deadlines set out in the Order or otherwise agreed are estimates only.

9.4 All conditions, terms, representations (other than fraudulent representations) and warranties relating to the Services, whether implied by law or otherwise, which are not expressly stated in this Agreement including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are excluded to the fullest extent possible by law.

9.5 DBTeq's total aggregate liability to You for any claim in contract, tort, negligence or otherwise arising out of or in connection with this Agreement and the provision of the Services shall be limited to the price paid by You, in respect of the Services which are the subject of any such claim and provided that You notify DBTeq of any such claim within one (1) year of it arising. In no event shall DBTeq be liable to You for any loss of business, contracts, profits or anticipated savings, goodwill or for any other indirect or consequential or economic loss whatsoever.

9.6 Nothing in this Agreement shall limit or exclude DBTeq's liability for death or personal injury resulting from DBTeq's negligence or any other liability, the limitation or restriction of which is prohibited by law.

9.7 The Services are provided by DBTeq for Your exclusive use. DBTeq does not accept any liability or obligation towards any third party or generally towards any person and the Contract (Rights of Third Parties) Act 1999 shall not apply to the relationship between You and DBTeq.

10. INDEMNITY

10.1 You agree to indemnify and keep indemnified and hold DBTeq and its directors, officers, employees and agents and any NIC, including the registry operator for .uk domain names (Nominet) and for .nl domain names (SIDN), on demand harmless from and against any claim brought against DBTeq or GeckoDomains by a third party resulting from the provision of Services by DBTeq to You and/or Your use of the Server and/or any domain name registered, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by DBTeq or Network Solutions Inc in consequence of Your breach or non-observance of these terms of business.

11. CONFIDENTIALITY AND PUBLICITY

11.1 Both You and DBTeq undertake not to disclose to a third party any confidential information which You or DBTeq receives relating to the contents or performance of this Agreement or the other's business in general, and shall procure that each of its directors and employees shall not do so, except with the prior consent in writing of the other, as required by law, or to the extent to which that information is publicly available or already known to the receiving party at the date of receipt other than through any unauthorised disclosure by any person.

11.2 Without prejudice to clause 12.1, DBTeq shall be entitled to mention Your name as a client of DBTeq and the name(s) of products in respect of which DBTeq provides Services in publicity and promotional material on and off-line without Your prior consent unless You send notice in writing to DBTeq (by email to legal@dbteq.co.uk) referencing this clause and requesting no publicity. Any request will only apply to publicity material to be prepared after such notice is given and DBTeq will be under no obligation to cease using material printed or published prior to such notice.

12. CREDIT CARD SECURITY

12.1 DBTeq uses a secure server that implements Secure Socket Layer (SSL) technology (certified to the standard for encrypted credit card transactions) to prevent any person from gaining access to Your credit card or registration information whilst it is on DBTeq's site or being transmitted across the Internet.

12.2 If You discover that goods or services have been ordered from a supplier over DBTeq's site using Your credit card details in circumstances where You had not agreed to or authorised this, then (provided You have not, through failure to take reasonable care, allowed an unauthorised person to gain access to Your credit card details, purchaser ID or password) DBTeq's suppliers are required to refund to You the money they receive provided that: (a) You inform Your credit card company and DBTeq of the unauthorised purchase as soon as You discover it; and (b) You co-operate with Your credit card company, the supplier, DBTeq and, if necessary, the police in relation to the unauthorised use.

13. TERMINATION & CANCELLATION

Termination by DBTeq

13.1 DBTeq may terminate this Agreement forthwith if You fail to pay any sums due to DBTeq as they fall due or if, in its reasonable opinion, You do not have sufficient technical expertise to use the Service without excessive ongoing technical support.

13.2 DBTeq may terminate this Agreement upon written notice if You breach any of these Terms and You fail to correct the breach within thirty (30) days following written notice from DBTeq specifying the breach, or if You are a company and You go into insolvent liquidation, or if You are a person and You are declared bankrupt.

13.3 You acknowledge and agree that Your domain name registration is subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to Your domain name registration, including, but not limited to

the 2Checkout adopted policy,

any Nominet adopted policy,

any registrar (including DBTeq) or registry administrator procedures, or (iv) any other Country Coded Top Level Domains ("CCTLDs") registry administrator procedures.

13.4 On termination of the Agreement DBTeq shall be entitled immediately to block Your Web Site and to remove all data located on it. DBTeq will hold such data for a period of fourteen (14) days and allow You to collect it at Your expense, failing which DBTeq shall be entitled to delete all such data. DBTeq shall further be entitled to post a notice in respect of the non-availability of Your Web Site as DBTeq thinks fit.

13.5 DBTeq may close down this account forthwith without compensation to You and Your duty to pay shall be in force until the expiry date of the contract:

In the event that an encumbrance takes possession of, or an examiner or a receiver is appointed over, any or Your property or assets;

If You make any voluntary arrangement with Your creditors, or (being a company) go into liquidation save for purposes of reconstruction and amalgamation.

Cancellation by You the Customer

13.6 Your right to cancel a pending order can be invoked if You are a consumer. However orders placed by an organisation or company entity, as a general rule can not invoke the right to cancel. If You invoke the right to cancel in accordance with this Agreement or mandatory law, You must do so in writing within 14 days from the date of order and DBTeq will accept return of performance.

13.7 Where your request for cancellation is made within 14 days of placing your order and in the event that your request of order cancellation has been accepted by DBTeq, You may get payments previously made refunded. DBTeq may, as a condition of such acknowledgement, or otherwise on early termination in accordance with clause 14, impose such reasonable charge for cancellation as it shall consider appropriate including a charge for any costs (including Local Administration Costs) and for any work incurred by DBTeq at the date cancellation is acknowledged. v13.8 In order for a Your request for cancellation to be considered for approval, it must be submitted in writing, marked to the attention of DBTeq Accounts, and be received within 14 days from the date of order, ensuring that Your request is postmarked using registered post or in some other way received by DBTeq prior to the expiry of the said 14 days, at:

DBTeq Limited HQ
Postbus 75120
1070 AC Amsterdam
The Netherlands

Or by fax to +31 (0) 20 6647544.

13.9 Requests to cancel Hosting and Dedicated Hosting services after the initial 14 days after Your order has been placed can only be made by giving 30 days notice in writing to DBTeq. Should You request the cancellation of your account with DBTeq prior to the expiry of the relevant 12 month subscription period, DBTeq may, as a condition of such acknowledgement, or otherwise on early termination in accordance with clause 14, impose such reasonable charge for cancellation as it shall consider appropriate including a charge for any costs (including Local Administration Costs) and for any work incurred by DBTeq at the date cancellation is acknowledged. No monies previously received will be refunded as a result of cancellation under this clause. This clause 13.9 does not apply to Hosting Customers.

13.10 Our hosting services are provided on the basis of an initial fixed term of twelve (12) months which, subject always to Your right to cancel the services on payment of any outstanding charges and a cancellation fee equivalent to the remainder of the Services, will automatically continue for additional twelve (12) month periods thereafter unless and until terminated in writing on ninety (90) days notice.

13.11 No purported cancellation of any Order or part of an Order will be effective unless and until DBTeq gives written acknowledgement of cancellation.

14. NOTICES

14.1 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 ancillary application forms 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 two (2) days following the date of posting.

15. LAW

15.1 For the adjudication of disputes concerning or arising from use of the domain name, the domain name holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of the place of business of DBTeq, namely the United Kingdom for .uk domains and the Netherlands for .nl domains.

15.2 Subject to clause 16.1 above:-

the Agreement (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to this Agreement or its promotion) shall be governed by and construed in accordance with English law.

each of the parties to this Agreement irrevocably agrees that the courts of the place of business of DBTeq, namely the United Kingdom for .uk domains and the Netherlands for .nl domains, shall have exclusive jurisdiction to hear and decide any suit, action or proceedings and/or to settle any disputes which may arise out of or in connection with this Agreement and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of the place of business of DBTeq.

16. MISCELLANEOUS

16.1 If any provision of this Agreement or part thereof shall be void for whatever reason, the offending words shall be deemed deleted and the remaining provisions shall continue in full force and effect.

16.2 Your rights and obligations under this Agreement are personal to You and You undertake that You shall not nor purport to: assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.

16.3 DBTeq reserves the right to sub-contract any of the work required to fulfil the Services and to assign this Agreement upon notice to You.

16.4 Neither party shall be liable for any loss suffered by the other party or be deemed to be in default for any delays or failures in performance hereunder (other than in relation to payment) resulting from acts or causes beyond its reasonable control or from any acts of God, acts or regulations of any governmental or supra-national authority.

16.5 Any delay or forbearance by either party in enforcing any provisions of this Agreement or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.

16.6 Clause headings have been included in this Agreement for convenience only and shall not be considered part of, or be used in interpreting, this Agreement.

16.7 No person who is not a party to this Agreement shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

SCHEDULE 1

DEFINITIONS

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

"DBTeq" means DBTeq Limited, including business conducted under its trade name GeckoDomains;

"Agreement" means this agreement; the agreement between You and DBTeq, comprising these Terms together with any orders You may make or electronic order form you complete to gain access to DBTeq's services: Shared Hosting, Dedicated Hosting, Domains Registration, and any other services purchased by You from DBTeq;

"Authoritative Holder" means the entity listed as the registrant in the current domain name registration;

"Control Panel" means the control panel made available to you by DBTeq on any GeckoDomains website;

"Fees" means the fee or fees (and Local Administration Costs) due for the provision of the Services as set out in any Order or (if not set out) calculated by reference to the then standard DBTeq prices;

"Force Majeure" means any event which can not be controlled, forseen or prevented by using reasonable efforts, and affects and delays the performance of any party hetero of all or part of its obligations. Such an event includes, but is not limited, to war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, epidemics, health risks, fire, technical problems and all similar events outside DBTeq's control;

"GeckoDomains website" means any of the following websites: www.geckodomains.co.uk, www.geckodomains.com, www.geckodomains.nl;

"Local Administration Costs" means any registration fees and other costs incurred by DBTeq on Your behalf for the registration or attempted registration of domain names including currency conversion costs and bank charges;

"Network Information Centre" or "NIC" means any network information centre that regulates and/or acts as a registrar for the sale and provision of domain names, including but not limited to Nominet and SIDN;

"Materials" means any information, reports, documents, software or other materials created by DBTeq as part of the Services, including all methodologies, know-how and processes used to do so;

"Objects" means any names, marks or materials and any other information, documents or software which You supply to DBTeq under this Agreement;

"Order" means the order form, including electronic and online forms, or letter signed by You requesting Services;

"Service" or "Services" means any and all services provided by DBTeq under these Terms including, without limitation, domain name registration services; domain name portfolio management services; domain name searching, monitoring and recovery services, website hosting, email and monitoring services and consultancy services and any other services which may be provided from time to time;

"Server" means the computer server equipment operated by DBTeq in connection with the provision of the Services;

"Standard Price List" means the list(s) of the standard prices for DBTeq company products which are available on request;

"Subscription" means a recurring payment made in order to receive Services from DBTeq;

"Terms" means these terms and conditions of business;

"Web Site" means the area on the Server allocated by DBTeq to You for use by You as a site on the Internet; and

"You" and "Your" means the person, firm or company who purchases Services from DBTeq and any of their or its employees, consultants and authorised agents who may use such services, from time to time.

DBTeq Standard Terms and Conditions

www.dbteq.com - www.geckodomains.com