Use of the MaxiPRO™ Services and Brapion Ltd™ Network

Brapion Limited (MaxiPRO) hosts static and dynamically served web sites on the World Wide Web and provides their customers, referred to in this document as Site Owners with access to their proprietary software for the purpose of creating websites. By accepting the terms and conditions of this agreement, Site Owner represents or warrants that they:

• are 18 years or older
• have the authority to adequate to bind themselves/their company to this agreement
• agree to provide true and accurate, current and complete information about Site Owner and/or Site Owner's company as prompted by the Account Registration Form, and
• agree to maintain and update information to keep it true, accurate, current and complete. If any information provided by Site Owner is untrue, inaccurate, not current or incomplete, Brapion Limited (MaxiPRO) has the right to terminate Site Owners' account and refuse current or future use of the service.

BY COMPLETING THE ACCOUNT REGISTRATION PROCESS AND EITHER CLICKING THE 'I AGREE' BUTTON OR PUBLISHING YOUR WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT.

1. LIMITS OF AGREEMENT
Nothing in this agreement obligates Brapion Limited (MaxiPRO) or the Service to link to, accept, or otherwise host any site anywhere on the Brapion Limited (MaxiPRO) Site. If these terms and conditions or any future changes are unacceptable to you, you may cancel your account pursuant to the section regarding termination of service.

1.1. This Customer Agreement is a legal agreement between you and Brapion Limited (MaxiPRO). The terms 'we', 'us' and 'our' refer to Brapion Limited (MaxiPRO), their suppliers and agents. This Customer Agreement provides terms and conditions regarding the services through which you are provided access to and use of our website creation and hosting services (Services).

1.2. The hardware, software, and all site theme image components used by us to provide the Services, including without limitation all intellectual property rights therein, are and shall remain our exclusive property. No MaxiPRO property can be used outside the MaxiPRO hosting service without explicit written permission from Brapion Limited (MaxiPRO).

1.3. Site Owner acknowledges and agrees that they are using the services provided by Brapion Limited (MaxiPRO) at their own risk. Brapion Limited (MaxiPRO), their suppliers and agents are making no guarantees or representations that any result or outcome will be obtained from the use of services provided by Brapion Limited (MaxiPRO) Brapion Limited (MaxiPRO), their suppliers and agents provide their services without warranties of any nature or kind either expressed or implied, including but not limited to warranties of title, timeliness, merchantability or fitness for a particular purpose. Neither Brapion Limited (MaxiPRO), their suppliers, agents, employees, officers and directors, shall be liable to the Site Owner for any direct, indirect, general, special, incidental or consequential damages arising from any use of or inability to use services provided by Brapion Limited (MaxiPRO). Site Owner also acknowledges and agrees that Brapion Limited (MaxiPRO) does not warrant that their services will be provided uninterrupted or error free.

1.4 Site Owner acknowledges and agrees that Brapion Limited (MaxiPRO) may from time to time, and without acquiring specific consent, publish screen shots of site owner websites for promotional purposes. Site owner understands there will be no remuneration for this use. MaxiPRO will not use private websites for said promotional purposes.

2. SITE OWNER OBLIGATIONS
You warrant that your use of the Services shall comply with all applicable laws, rules, regulations and licensing board policies. You shall further warrant that any data that you input into or maintain through the Services ('Data'), and the receipt and use by us of such Data, does not and will not:

2.1. infringe on or misappropriate any copyright, trademark, patent, trade secret or any publicity, privacy or other right of any third party;

2.2. contain any material that is libellous, slanderous, obscene or otherwise unprotected by the United Kingdom Laws; or

2.3. subject us to liability for violation of any laws, rules, or regulations or licensing board policies.

2.4. Site Owner acknowledges and agrees that they shall be responsible for all goods and services offered at Site Owner's site, all materials used or displayed at the site, and all acts or omissions that occur at the site or in connection with the Site Owner's account or password. Certain sites may be subject to additional requirements.

2.5. Site Owner agrees to display in the site, Site Owner's contact information, including but not limited to, Site Owner's company name, address, telephone number, fax number and email address. Site Owner agrees to update such information as needed to keep it true, accurate, current and complete.

2.6. Site Owner agrees that any and all press releases and other public announcements related to this Agreement and subsequent transactions between Brapion Limited (MaxiPRO) and the Site Owner, including the method and timing of such announcements, must be approved in writing and in advance by Brapion Limited (MaxiPRO). Brapion Limited (MaxiPRO) reserves the right to withhold approval of any public announcement as its sole discretion. Without limitation, any breach of Site Owner's obligation regarding public announcements shall be a material breach of this agreement.

2.7. Site Owner represents and warrants that that they will not engage in any activities that:

2.7.1. constitute or encourage a violation of any applicable law or regulation, including but not limited to the sale of illegal goods or services or the violation of export control or obscenity laws;

2.7.2. defame, impersonate or invade the privacy of any third party entity;

2.7.3. that infringes on the rights of any third party, including but not limited to the intellectual property, business, contractual, or fiduciary rights of others; and

2.7.4. that are in any way connected with the transmission of 'junk mail' 'spam' or the unsolicited mass distribution of email, or any unethical marketing practices.

2.8. Site Owner further agrees to refrain from the posting of adult oriented, pornographic, defamatory and offensive or hate promoting materials.

2.9. Site Owner shall not attempt to gain unauthorized access to any servers controlled by Brapion Limited (MaxiPRO)

3. CONDITIONS FOR TERMINATION OF SERVICES
By agreeing to the terms and conditions of this document, you are also are indicating both your understanding and acceptance of the fact that Brapion Limited (MaxiPRO) reserves the right to refuse to host or continue to host any site which it believes, at its sole discretion:

3.1. offers for sale goods or services, or uses or displays materials, that are illegal, obscene, vulgar, offensive, dangerous, or are otherwise inappropriate;

3.2. has substantially changed its Site from the time it was accepted;

3.3. received a significant number of complaints for failing to be reasonably accessible to customers or timely fulfil customer orders;

3.4. has violated or threatens to violate the letter or spirit of if your site(s)

4. SITE OWNER REPRESENTATIONS
Site Owner represents and warrants that they have full power and authority under all laws and regulations:

4.1. to copy and display the materials used or displayed at the site; and,

4.2. to provide for credit card payment and delivery of goods and services as specified at the site.

5. INDEMNIFICATION
You shall indemnify, defend and hold harmless us from and against any claims, actions, loss, liability, damages, cost or expense (including without limitation reasonable attorney's fees) arising from or in connection with:

5.1. any use of Services by you; or

5.2. any act or omission by you, including without limitation, any breach of this Customer Agreement, or any warranty or covenant hereunder.

5.3. You shall further indemnify, defend and to hold harmless us from and against any claims, liability or expense (including without limitation reasonable attorney's fees) arising from or in connection with any claim that: the Customer Data, or the receipt or use by us of Customer Data:

5.3.1. infringes or misappropriates any copyright, trademark, patent, trade secret or any publicity, privacy or other right of any third party;

5.3.2. contains any material that is libellous, slanderous, obscene or otherwise unprotected by the United Kingdom Laws; or

5.3.3. subjects us to liability for violation of any laws, rules, or regulations or licensing board policies.

5.4. To the maximum extent permissible by law: in no event shall we be liable to YOU OR ANY THIRD PARTY for any damages whatsoever under or in connection with this Customer Agreement OR THE SERVICES, even if advised of the possibility of such damages. YOUR sole remedy from US for any claims related to YOUR use or inability to use the Services or otherwise related to this Customer Agreement shall be to discontinue use of the Services. SOME COUNTRIES MAY NOT PERMIT THE EXCLUSION OF CONSEQUENTIAL DAMAGES SO THIS PROVISION MAY NOT APPLY TO YOU.

5.5. Brapion Limited (MaxiPRO) reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by Site Owner, but doing so shall not excuse Site Owners indemnity obligations.

5.6. If you or your officers, directors, employees, agents or contractors violates the terms and conditions of this Customer Agreement or upon termination of the Services, we may pursue all available legal and technical remedies, including without limitation, disabling your use of the Software. YOU ACKNOWLEDGE AND AGREE THAT SUCH REMEDIES MAY INCLUDE, AT OUR SOLE DISCRETION, IMMEDIATELY DISABLING THE SERVICES AND PREVENTING YOUR USE OF SERVICES.

6. ASSIGNMENT OF RIGHTS
You may not assign or transfer this Customer Agreement or your use of the Services without our prior written consent. Waiver of a breach of or right hereunder will not constitute a waiver of any other or subsequent breach or right. If any provision herein shall be held by a court of competent jurisdiction to be contrary to law, that provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions herein will remain in full force and effect.

This Agreement shall be governed by the law of the United Kingdom. Venue for any action between the parties shall be Exeter, England UK. This Agreement is the complete and exclusive agreement between the parties and supersedes all previous and contemporaneous agreements, proposals and communications with respect to this subject matter.

7. TERMINATION
Either party may terminate this agreement on thirty (30) days notice if the other party has materially breached or is otherwise not in compliance with any provision of this agreement, and such breach or non-compliance is not cured within such thirty (30) day period. Brapion Limited (MaxiPRO) reserves the right to immediately suspend any customer access to the Site until such breach or non-compliance is cured.

7.1. TERMINATION FOR ILLEGAL OR OTHER ACTIVITY
Notwithstanding the foregoing, Brapion Limited (MaxiPRO) may, but has no duty to, immediately terminate Site Owner and remove it from Brapion Limited (MaxiPRO) servers if Brapion Limited (MaxiPRO) in its sole discretion concludes that Site Owner is engaged in illegal activities or the sale of illegal or harmful goods or services, or is engaged in activities or sales that may damage the rights of Brapion Limited (MaxiPRO) or others. Any termination under this section shall take effect immediately and Site Owner expressly agrees that it shall not have any opportunity to cure.

7.2. WAIVER
Site Owner expressly waives any statutory or other legal protection in conflict with the provisions provided within the termination section of this Agreement.

7.3. DELETION OF INFORMATION
Upon termination, Brapion Limited (MaxiPRO) reserves the right to delete from its servers any and all information contained in Site Owners account, including but not limited to order processing information, mailing lists, and any Web pages generated by the Software.

7.4. The provisions set forth in this Agreement that define Proprietary Rights, indemnity, and Disclaimer of Warranties and Liabilities of this Agreement shall survive any termination of the Agreement.

8. PRIVACY
YOUR PRIVACY IS VERY IMPORTANT TO US Accordingly, we have put in place measures to ensure that any personal information or data that we obtain from you in connection with the MaxiPRO service, are processed in accordance with the accepted principles of good information handling.

8.1. WHAT DATA DO WE HOLD ABOUT YOU?
We hold the personal information and data provided by you during the voluntary enquiry or/and signup process to tailor our service to your specific interests and requirements. We also hold the data provided by you in relation to certain services, so that you do not need to re-enter this data when you next require the service. Clearly, the more accurate the data we hold, the better our service will be.

8.2. WHERE IS YOUR DATA STORED?
All data provided by you are held securely and in confidence by us in our computerised records. You have a right to inspect the data we hold about you. If at anytime you wish to do so, you should write to our data protection compliance officer whose details are set out below. If anything in the data is inaccurate or out-of-date, let us know and we will amend our records.

8.3. EMAILS
E-mail addresses are required in order to register for some features on the website. Occasionally, we will send you special e-mail newsletters that contain the latest service information and bulletins to keep you up-to-date with developments on the website. In each e-mail we send, there are normally instructions that allow you to "unsubscribe" to this service should you not wish to receive e-mails in the future.

8.4. TELEPHONE CALLS
If you call our Contact Centre, we may record or monitor telephone conversations to provide additional security, resolve complaints and improve our service standards. Calls may also be monitored for staff training purposes.

9. ACCOUNTABILITY
Site Owner acknowledges and agrees that they shall be entirely responsible for 'ALL ACTIVITY' that processes through their site. As a safeguard against unauthorized activity, Brapion Limited (MaxiPRO) will issue a password to the Site Owner as part of the account creation process. This password must be entered to enable the site creation and editing functions included with the Brapion Limited (MaxiPRO) Services. Site Owner agrees to keep its password confidential and to notify Brapion Limited (MaxiPRO) promptly if Site Owner has any reason to believe that the security of its site has been compromised.

10. TECHNICAL ACCESS
Site Owner acknowledges and agrees that technical processing of Site Owner Information is and may be required:

• for the Service to function;
• to conform to the technical requirements of connecting networks;
• to conform to the technical requirements of the Service; or
• to conform to other, similar technical requirements.

10.1. Site Owner also acknowledges and agrees that Brapion Limited (MaxiPRO) may access Site Owner's account and its contents as necessary to identify or resolve technical problems or respond to complaints about the Service.

11. MAINTENANCE AND SUPPORT
Site Owner can obtain assistance with any technical difficulty that may arise in connection with Site Owner's utilization of Brapion Limited (MaxiPRO) Services by requesting assistance via the support Helpdesk.

11.1. Brapion Limited (MaxiPRO) reserves the right to establish limitations on the extent of such support, and the hours at which it is available.

11.2. Site Owner is responsible for obtaining and maintaining all internet connection services, computer hardware and other equipment that may be needed for its access to and use of Brapion Limited (MaxiPRO) Services and Site Owner shall be responsible for all charges related thereto.

12. DISCLAIMER OF WARRANTIES AND LIABILITIES
THE SERVICES ARE PROVIDED TO YOU ON AN 'AS IS,' 'WHERE IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. WE MAKE NO WARRANTIES WITH REGARD TO THE SERVICES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES PROVIDED HEREUNDER WILL MEET YOUR REQUIREMENTS.

12.1. THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS AND SITE OWNER MUST DETERMINE THAT THE SOFTWARE ADEQUATELY MEETS THEIR REQUIREMENTS. SITE OWNER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT ITS OWN DISCRETION AND RISK AND THAT SITE OWNER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. Brapion Limited (MaxiPRO), AND SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT,

SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF Brapion Limited (MaxiPRO) IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM SITE OWNER USE OR INABILITY TO USE THE SERVICES PROVIDED BY Brapion Limited (MaxiPRO), OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SERVICES PROVIED BY Brapion Limited (MaxiPRO) Brapion Limited (MaxiPRO)'S LIABILITY TO SITE OWNER SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY SITE OWNER TO Brapion Limited (MaxiPRO) OVER THE COURSE OF THE EXISTING TERM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12.2. SITE OWNER ACKNOWLEDGES THAT THE INTERNET MAY BE SUBJECT TO UNSCHEDULED AND UNANNOUNCED OUTAGES, DISRUPTIONS AND BREAKDOWNS THAT MAY NOT BE RECTIFIED PROMPTLY. Brapion Limited (MaxiPRO) AND THEIR SUPPLIERS SHALL NOT BE RESPONSIBLE FOR ANY SUCH UNSCHEDULED AND UNANNOUNCED OUTAGES, DISRUPTIONS AND BREAKDOWNS AND ANY BUSINESS LOSSES OR DAMAGES RESULTING THERE FROM. HOWEVER, THE CUSTOMER WILL BE NOTIFIED PRIOR TO ANY SERVER UPGRADES OR ANTICIPATED DISRUPTIONS (CAUSING A LOSS OF WEB PAGE ACCESS) WHICH Brapion Limited (MaxiPRO) EXPECTS TO LAST LONGER THAN 30 MINUTES. Please could you be so kind as to inform us whether these changes would be acceptable as soon as possible.