Terms and Conditions

Terms and Conditions Obior

These General Terms and Conditions apply to Needls Media Inc. having its registered office at 243 College Street, Unit 401, Toronto, ON M5T 1R5.

Article 1 | Definitions

1.1 Capitalised terms used in these Terms and Conditions shall have the meanings specified herein.

‘Agreement’: The agreement between the User and Obior for the Services to be provided by Obior, which is deemed to be concluded upon (a) Acceptance or (b) the actual start of the execution of the Services by Obior. The Confirmation and these General Terms and Conditions prove the content of the Agreement.

‘Article’: An article in these General Terms and Conditions

‘Confidential Information’: : Means any information of a Party which: (a) is explicitly identified as confidential when disclosed or within a reasonable time thereafter; or (b) even absent such explicit identification, would be reasonably understood by a Party to be confidential. Confidential Information shall include, without limitation, trade secrets, technical or non-technical data, passwords, formulas, patterns, compilations, programs, devices, methods, techniques, drawings, processes, financial data, pricing, financial terms, the terms of this Agreement, lists of actual or potential customers or suppliers, Intellectual Property and any information that derives economic value, actual or potential, from not being generally known to other persons. Without limiting the foregoing, information related to Obior’s specific software code, customer list, fares and discounts is Obior’s Confidential Information. Confidential Information does not include any information which (a) at the time of disclosure or thereafter is generally available to and known by the public (other than as a result of a disclosure directly or indirectly by the receiving Party); (b) was, or is made, available to the receiving Party on a non-confidential basis from a source other than the disclosing Party; or (c) has been independently acquired or developed by the receiving Party without violating any of its obligations under this Agreement.

‘Confirmation’: The confirmation of the User on the Website (the Sign Up button) whereby the User confirms that User wishes Obior to execute the Services for the User.

‘Custom Plan’: If the User has more than 50,000 visits per month, the Custom Plan will be applicable. Parties will agree on the specifics of the Custom Plan.

‘Data’: Personal information relating to the User.

‘Default’: Means a Party breaching or failing to perform a material obligation under the Agreement or in connection with the Agreement, and such breach or failure is not capable for remedy; or such breach or failure, if capable of remedy, is not remedied within thirty (30) days after written notice from the rescinding Party requiring such failure of breach to be remedied.

‘Fee’: The fee that Obior charges to the User for the Services.

‘Force Majeure’: Has the meaning given thereto in Article 10.2.

‘Free Trial’: The term of 10 (ten) days from the Confirmation, after which time the User will need to upgrade to a Paid Plan, as mentioned on the Website and in the e-mails sent to the User.

‘General Terms and Conditions’: Means these General Terms and Conditions of Obior.

‘Intellectual Property’: Means all intellectual property of Obior including specifications, methods, technology, including all patents, copyrights, trademarks, trade secrets, trade names, copyrights, domain names, websites, e-mail addresses etc.

‘Paid Plan’: Each of the following plans: Lite, Standard Plan and Pro Plan. The costs for the Paid Plans are mentioned on the Website. The variation between plans is based on features. Obior reserves the right to change the features included in a plan.All plans allow up to 50.000 website visitors a month. If the amount of visitors to User’s website exceeds 50.000 visitors a month, User shall upgrade to a Custom Plan.

‘Obior’: Needls Media Inc.

‘Services’: A collection of tools and resources, provided by Obior or its Service Providers, that enables User to set-up, design, maintain and host a website (User Website). In addition, the Services may include professional consulting services and/or migration services relating to the use of the Obior’s tools and resources.

‘Parties’: Means Obior and the User collectively.

‘Payment Processing Fee’: The fee that Obior charges to the User for the payment solutions it applies for the benefit of the User.

‘Service Provider(s)’: In each case, the term service provider is understood to mean the Software developing company, the hosting company and/or the provider of other services that actually performs and implements one or more services of Obior.

‘Software’: (Collective name for the) operating and application programs, methods, rules and associated documentation, aimed at the controlled operation of a computer system, and more particularly, the (collection of) programs that together form the operating system, including (if applicable) the User’s Website.

‘User’: The Party with whom Obior enters into the Agreement, as mentioned in the Confirmation.

‘User’s Website’ The website of the User, made on the basis of the platform provided by Obior.

Article 2 | Interpretation

2.1 Except as otherwise provided in these General Terms and Conditions or required by the context, the following principals will be applied for the interpretation of these General Terms and Conditions:

a)the terms in the General Terms and Conditions written with a capital letter will exclusively have the meaning assigned above in Article 1;b)references to “writing”/ “written” include only letter (by courier, registered or unregistered), faxes and e-mailc)reference to “include/ including”, “such as” etc. will not be construed restrictively but shall be construed as meaning “include/including/such as, without limitation or prejudice to the foregoing”;d)words denoting the singular number only will include the plural number also, and vise versa;

Article 3 | Applicability General Terms and Conditions

3.1These General Terms and Conditions (and any future updated versions) govern the legal relationship between Obior and the User. Obior may make changes or modifications to this Agreement at any time, and such changes or modifications are effective immediately upon the earliest of (a) Obior’s email notification to you advising you of such changes or modifications (b) your continued use of the Services after Obior posts the updated Agreement to obior.com or obiormusic.com. In addition, when using particular Obior services, User and Obior shall be subject to any posted guidelines or rules applicable to such Services that may be posted from time to time. The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18, without parental consent. If you do not qualify, please do not use the Services.

3.2User represents, covenants, and warrants that User will use the Services only in compliance with these Terms, Obior’s privacy policies as published below or otherwise furnished to User (the Privacy Policy) and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation).

3.3If and insofar one or more Articles are contrary to mandatory statutory provisions, the latter provisions will be deemed to replace the invalid Articles.

3.4If any Article is found, in full or in part, to be invalid or unenforceable in any jurisdiction, the other Articles will remain unchanged and in full force. Parties will endeavor to replace the invalid or unenforceable Article by a valid article which reflects the Parties’ original intent as closely as possible.

3.5In the event of any conflict or inconsistency between the different applicable documents, the following order of precedence will apply, unless the Confirmation provides otherwise: the Confirmation, these General Terms and Conditions and the general terms and conditions of the Service Providers, if any.

3.6Information in Confirmations based on obvious errors (e.g. typing errors and/or mistaken calculations) do not bind Obior and/or its Service Providers and will be corrected by Obior.

3.7The Agreement fully reflects what has been agreed between the Parties and supersedes all prior and simultaneous, express or implied agreements, statements, both written and verbal.

3.8The applicability of terms and conditions of the User, if any, are hereby explicitly excluded.

3.9User must complete a registration form in order to use the Services. User will provide true, accurate, current, and complete information about User as requested in the registration form, and will update the information to keep it current. As part of the registration process, User will identify an email address and password for User’s Obior account. User is responsible for maintaining the security of the User account, passwords, and files, and for all uses of User’s account and of the Services in User’s name. Obior reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

Article 4 | Appointment Obior as provider of Services

4.1Subject to the conditions set forth in the Confirmation and these General Terms and Conditions, the User (by entering into an Agreement with Obior) appoints Obior, who herewith accepts the appointment, as the party who will act as the provider of Services for the User.

4.2In using the varied features of the Services, User may provide information (such as name, contact information, or other registration information) to Obior. Obior may use this information and any technical information about User’s use of this website to tailor its presentations to User, facilitate User’s movement through this website, or communicate separately with User.

Article 5 | Appointment Obior as provider of Services

5.1Obior is entitled, if necessary in its sole opinion, to involve Service Providers and partners in the performance of the Services and the Agreement.

5.2Obior or its personnel may from time to time recommend or enable third party software, products or services for your consideration or use. Obior MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUCH SOFTWARE, PRODUCTS OR SERVICES. Your use of any such software, products or services are governed by the terms of your agreement with the provider of such software, products or services.

5.3Obior may transfer or outsource its rights or obligations under this Agreement to third parties. In such event, Obior will remain responsible and liable towards the User for the activities carried out by these third parties.

5.4Whenever the User requests Obior to provide Services, it will provide Obior with all relevant and specific information necessary for the performance of the Services, if necessary.

Article 6 | Fees and Payment; Free Trial, Upgrade, Downgrade and Cancellation of Services

6.1Free Trial. After the Confirmation, the User will receive a 10 (ten) day free trial of the Services. After this period, the User will receive an e-mail where Obior informs the User that if the User wishes to continue to use the Services after the Free Trial, the User will need to be upgraded to one of the Paid Plans offered by Obior.

6.2Fees. In consideration of the Services provided, the User will pay Obior all fees due according to the prices and terms listed on the website. Obior Services are PREPAID and NON-REFUNDABLE FOR THE TERM OF SERVICES PURCHASED. UPON ANY TERMINATION BY CUSTOMER, Obior DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY SERVICES NOT YET PERFORMED. Obior reserves the right to modify its pricing and terms at any time, and such changes or modifications shall be posted on the website and effective immediately upon the next renewal of the services with and/or without notice to the User.

6.3Billing Policies and Cycles. All payment notifications will be maintained directly in the User’s Account Portal. The billing cycle begins on the day the User converts to a paid site and is due on that day each month.

6.4Payment. A valid payment method is required for accounts to process payment. Obior will automatically charge the User’s credit or debit card (iDeal), or other payment method provided by User and approved by Obior, on file based on the User’s billing monthly (depending on the Paid Plan selected) until the User validly terminates the Services. Obior Services are prepaid and NON-REFUNDABLE. Obior DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL DAYS, MONTHS OR YEARS.

6.5Unpaid Accounts. Unpaid amounts are subject to a late payment charge of 1.5% per month. If payment is not received within 30 calendar days of the billing date, Obior will automatically revoke access to the User’s account. Obior may or may not contact the User directly to notify them of their unpaid account. Accounts past due over 90 days will automatically be deactivated.

6.6Disputed Charges/Billing Inquiries. It is the User’s obligation to review all charges for accuracy. The User has 30 days from the date of billing to contact Obior and/or dispute the charge. Failure to do so within the specified time frame shall constitute the User’s agreement that all charges are valid and User thereby waives any claims it may have had regarding such charge.

6.7Upgrades. Should the User elect to upgrade their Services according to the Paid Plans, the upgrade will take place with immediate effect. The due date for the monthly Fee will be reset to the date of the Upgrade. The User will be credited for the pro-rata portion of the Fee for the remainder of the current billing period. For example, if a User is billed on October 9th for monthly services from October 9th to November 8th, and the User upgrades their account effective on October 30th, the User will be charged immediately for the usage of the upgraded plan from October 30th to November 29th and will be credited for the pro-rato part of the previous plan from October 30th until November 8th.

6.8Downgrades. Should the User elect to downgrade their Services, the downgrade will take effect on the commencement of the next renewal period. In other words, Obior DOES NOT provide credits or refunds on downgrades that are effective during the applicable billing period (whether such period is a month, quarter or year). For example, if a month-to-month User is billed on October 9th for services from October 9th to November 8th and the User downgrades the Services effective on October 30th, the downgrade will take effect on the next billing date, i.e. November 9th.

6.9Cancellations. Obior Services will continue in effect until the User validly terminates the Services. The User must notify Obior of its intent to terminate Service at least 2 calendar days prior to the billing renewal date. If notice is not received prior to such date, Services will automatically renew for the subsequent renewal period. For example, if a month-to-month User is billed on October 9th for monthly services from October 9th to November 8th and the User provides a valid notice to terminate their account on November 8th, the User will automatically be charged for Services from November 9th to December 8th and the Services will terminate on December 8th. If the same User provides notice to terminate their account on November 6th, then the account will terminate on November 8th and the User will not be charged for any further Services on such account. Notice can be given in the app, via customer support or by email (support@obior.com or info@obior.com).

6.10Adjustment Fee. Obior is entitled to adjust the Fees, based on: (a) any changes in cost factors which occur during the term of the Agreement, including exchange rate changes, insurance, costs, taxes, duties or other financial consequences due to government measures, as well as price changes in the agreed Services implemented by or on behalf of the relevant Service Providers and/or providers of payment solutions, and (b) inflation, in accordance with the price index for commercial services calculated annually by the Statistics Office Netherlands (Centraal Bureau voor de Statistiek).

Article 7 | Term and Termination of the Agreement

7.1Obior may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Obior shall have no liability to User or any third party because of such termination.

7.2Either Party may terminate, by email, the Agreement (in whole or in part) with immediate effect, in the event that: (a) the other Party has been declared bankrupt, or a petition for bankruptcy has been filed; and/or (b) the other Party is liquidated or ceases its activities, and/or (c) of the occurrence of a Default.

7.3Upon termination or expiration of this Agreement by either party for any reason, (a) Obior will cease providing the Services, (b) you will not be entitled to any refunds of any usage fees or any other fees, pro rata or otherwise and (c) any outstanding balance owed to Obior for your usage of the Services through the effective date of such termination or expiration shall immediately become due and payable in full. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, warranty disclaimers and limitations of liability.

Article 8 | Complaints procedure; Disputes Regarding Account or Site Ownership

8.1If the User has a complaint on the performance of the Services, it will immediately contact the Support Desk of Obior. If the complaint is, according to the User, not solved to the satisfaction of the User, he/she will immediately send Obior a reasoned written notification of its complaint, but in any event ultimately within one (1) calendar week as from the day that the Support Desk reacted to the complaint.

8.2Claims as mentioned in article 9.1 or any other claims by the User based on the argument that the Services supplied by or on behalf of Obior do not comply with the Agreement will expire after a period of one (1) year as from the day on which the relevant Services were performed or should have been performed by Obior.

8.3Disputes Regarding Account or Site OwnershipThe entity or person creating a Obior account and designated as the owner shall be deemed the account owner. For security reasons, only the account owner or the point of contact designated by the account owner shall be allowed to make changes, cancellations, or designate a new point of contact. Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site or account. Obior is not obligated to, and will not, resolve any such disputes. If multiple persons are claiming ownership of or rights in a site or account, and, in Obior’s sole judgment, there is uncertainty as to the ownership of or rights in such site or account, then Obior will, to the extent of its knowledge and ability, notify such persons of the dispute and demand that such persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves Obior of all liability and obligations concerning the dispute and such site or account. If the disputing persons fail so to resolve the dispute within what Obior, in its sole judgment, deems to be a reasonable time, then Obior, at its sole option and without any obligation to do so, may suspend or terminate the account until such persons resolve such dispute and reach certainty regarding ownership of or rights in such site or account. The person or persons conclusively and finally determined by court order or settlement agreement to be the rightful owner(s) or interest holder(s) of such site or account shall be obligated to pay all amounts due and comply with the then current Obior policy regarding transfers of accounts, if required, to transfer ownership of the site or account to the rightful owner. Failure of the rightful owner of such site or account to timely pay in full all of such amounts shall be deemed a breach of these Terms and shall subject the account to immediate termination.

Article 9 | Liability and indemnification

9.1User hereby agrees to indemnify and hold harmless Obior against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing. Although Obior has no obligation to monitor the content provided by User or User’s use of the Services, Obior may do so and may remove any such content or prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.

9.2Obior will not be responsible or liable for any (a) content in the User’s Website , (b) acts, errors, omissions, losses, non-performances, or any other irregularities resulting from the neglect, changes, defaults, bankruptcies, or any other actions or inactions of the Services Providers engaged in performing the Services and/or (c) any errors or deficiencies which arise as a result of latent problems (such as viruses, worms, Trojan horses, logic bombs etc.) or errors in Software that does not originate from Obior.

9.3Except as expressly agreed otherwise in writing, and subject to the limitations set forth herein, Obior will only be liable for damages due to its negligence in the performance of a material obligation specifically undertaken within the Agreement or due to its gross negligence or willful misconduct, provided that the User has duly followed the complaints procedure in Article 9 (Complaints procedure).

9.4In case the User has (a) duly followed the complaints procedure in Article 9 and (b) Obior is found to have acted negligent in the performance of a material obligation as mentioned in Article 10.2 above or (c) Obior be found liable for any other reason following by law, the following limitation of liability, to the maximum extent permitted by law, applies to Obior:(i) it will never be liable for indirect damages and consequential damages, including: missed opportunities, lost profits, losses suffered and costs incurred, potential orders lost and damages as a result of production or business interruptions or stagnation; and(ii) in all cases in which Obior is obligated to pay any compensation for damages this will never exceed the invoice amount (excluding VAT) that the User has paid with regard to the Services as a result of which the damages have been caused.

9.5Indemnification of Obior. You, the User, agree to defend, indemnify and hold Obior, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers, employees and agents of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Obior’s own gross negligence or willful misconduct. Obior reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the User.THE FOREGOING INDEMNIFICATION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE

9.6Nothing in this Agreement will exclude or restrict Obior's liability for gross negligence, willful misconduct or fraud.

Article 10 | Force Majeure

10.1In the event that a Party breaches or fails to perform any of terms and/or conditions of the Agreement, such Party will not be liable for any damages incurred by the other Party as a result of such breach or failure, if such breach or failure to perform is caused by circumstances beyond the control of such Party.

10.2Circumstances which are considered to be beyond a Party’s control include: (a) regulations enacted or about to be enacted by the government which prevent or restrict the use of the Services which have been supplied or are to be supplied, (b) lockouts, (c) strikes, (d) failures or interruptions in the Internet, (e) (technical) failures or interruptions in utilities, (f) temporary or permanent non-performance of obligations by suppliers of Obior and/or by Service Providers, (g) weather conditions, (h) natural and/or nuclear disasters, and/or (i) (threat of) war and (acts /threat of) terrorism, etc.

10.3In case a Party is unable to perform its obligations as a result of a situation as referred to in Article 11.2 for more than thirty (30) days, the other Party is authorized to terminate the non-feasible parts of the Agreement by giving notice by email.

Article 11 | Intellectual Property

11.1The User acknowledges and agrees that all Intellectual Property used in connection with or are embodied in the Services, are and remain the exclusive property of Obior and/or its licensors.

11.2The User may only use, upon prior written consent of Obior and for the term of the Agreement, the Intellectual Property in order to promote Obior in a manner acceptable to Obior or to purchase the Services from Obior, and stricly in accordance with the conditions (to be) placed and the instructions (to be) given by Obior.

11.3Name and Trademarks. User hereby grants Obior a non-exclusive right and license to use User’s name and such of User’s trade names, trademarks, and service marks as are provided to Obior in connection with this Agreement (a) on Obior’s own websites, (b) in printed and online advertising, publicity, directories, newsletters, and updates describing Obior’s Services and (c) in applications reasonably necessary and ancillary to the foregoing.

11.4Obior hereby acknowledges and agrees that all Intellectual Property of the User, as placed on the Website, is and will remain the exclusive property of the User.

Article 12 | Use Software

12.1The User acknowledges and agrees that, in the context of the proper performance of the agreed Services, Obior makes use of Software developed by Obior or by third parties contracted by Obior. If use is made of Software developed by third parties, such use is subject to the (sub-)license agreement. User is not granted a license to any Software by this Agreement. User will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Services or any Software, documentation or data related to the Services; modify, translate or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services or any Software; or remove any proprietary notices or labels.

12.2In case of a Custom Account, Obior is entitled to charge the User an amount and/or Fee for the installation, implementation, maintenance and use of the Software. In case of change of the cost price factors of the Software, including the fees of the Software supplier, Obior is entitled to accordingly change the Fee for the use and maintenance for the Software.

12.3In the event that the User uses any other software than Obior’s Software in connection with this Agreement, it will notify Obior of all technical specifications of that other software to ascertain the compatibility with Obior’s Software. The User will in this respect indemnify and hold Obior harmless from any obligations, claims, costs, judgments, attorney fees and attachments arising from or in any way connected with the software provided by the User to Obior.

12.4Obior hereby grants the User the non-exclusive right to use the Software strictly in accordance with the instructions and guidelines of Obior and within the scope of the Agreement. The User hereby expressly acknowledges and confirms that it is not authorized to use the Software (or allow or cause it to be used) for any other purposes than in the context of the proper implementation of the agreed Services, or to transfer this right of use to third parties.

Article 13 | Confidentiality

13.1The User shall submit to Obior, and authorizes Obior to use, any and all information (including User’s Confidential Information) in User’s control necessary for Obior to perform the Services covered by the Agreement. The User shall be responsible for the accuracy and completeness of any and all such Confidential Information, including, but not limited to, obtaining all applicable consents and authorizations for the use of such Confidential Information for the purposes hereunder.

13.2Parties will not disclose any Confidential Information of the other Party and will use the Confidential Information solely for the purposes for which it was obtained and for the purpose of the performance of the obligations under the Agreement, unless: (a) prior written consent of the other Party has been obtained or (b) the receiving Party is under a statutory obligation to disclose certain Confidential Information to the relevant authorities.

13.3Obior may also utilize cumulative statistical data, which may incorporate data acquired from User, for ordinary business purposes customary in the music industry, but without identifying, directly or indirectly, User.

Article 14 | Data protection and privacy

14.1Obior will be responsible for implementing technical measures (such as the Secure Sockets Layers (SSL) protocol) that are appropriate to safeguard adequate protection of the Data from unauthorized access and/or misuse whilst under its control, and shall use all reasonable efforts to ensure that Obior, in processing Data on behalf of User, will apply such appropriate measures.

14.2The User will be responsible to adhere to the provisions of applicable data protection laws and for the protection of the rights of those affected, and shall ensure that it only instructs Obior to do, or omit to do, things in relation to Data which are reasonable and in compliance with all applicable laws and regulations.

14.3The User shall hold harmless and indemnify Obior, its parents, subsidiaries, affiliates and employees from and against any loss, cost, damage, claim and/or demand, including legal fee etc., made by a third party (including any Data Protection Authority and/or other supervisory authorities) which is in any manner connected to an (alleged) infringement by the User and/or a third party contracted by the User of (a) the User's obligations as referred to in this Article 15 and/or (b) the applicable privacy legislation and regulations and/or the processing of the Data by Obior and/or (c) the transmission of the Data to the competent authorities of the United States or any other country.

Article 15 | Prohibited Practices; Copyright Infringement; Backups

15.1Prohibited Offerings. No User may utilize the Services to promote the following: replicas; controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others’ intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related.

15.2Profanity. Profanity, profane or otherwise inappropriate subject matter in the site content and in the domain name are prohibited.

15.3Private Information and Images. Users may not post or disclose any personal or private information about or images of children or any third party without the consent of such party (or a parent’s consent in the case of a minor).

15.4Violations of Intellectual Property Rights. Any violation of any person’s or entity’s intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Obior may remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement.

15.5Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.

15.6Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any User to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.

15.7Hacking. “Hacking” and related activities are prohibited. “Hacking” includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.

15.8Anonymous Proxies. Obior does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server.

15.9Child Pornography. The use of the Services to store, post, display, transmit, sell, advertise or otherwise make available child pornography is prohibited. Obior will notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.

15.10Other Illegal Activities. The use of the Services to engage in any activity that is determined by Obior, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting, selling or otherwise making available ponzi or pyramid schemes, or failure to comply with applicable online privacy laws. Obior will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.

15.11Backup Storage. Obior offers its Services to host websites, not to store data. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of Services without prior notice. For its own operational efficiencies and purposes, Obior from time to time backs up data on its servers, but is under no obligation or duty to User to do so under these Terms. IT IS SOLELY CUSTOMER’S DUTY AND RESPONSIBILITY TO BACKUP CUSTOMER’S FILES AND DATA ON Obior SERVERS, AND UNDER NO CIRCUMSTANCES WILL Obior BE LIABLE TO ANYONE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY FOR LOSS OF CUSTOMER’S FILES AND/OR DATA ON ANY Obior SERVER

15.12Other Activities. Engaging in any activity that, in Obior’s sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Obior’s business, operations, reputation, goodwill, Users and/or User relations, or the ability of Obior’s Users to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of User to cooperate with Obior in correcting or preventing violations of these Terms by, or that result from the activity of, a customer, patron, subscriber, invitee, visitor, or guest of the User constitutes a violation of these Terms by User.

15.13Obior will respond to notices of copyright infringement that comply with applicable law. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by Obior or a Obior subsidiary, the copyright holder may request that Obior remove or disable the material by submitting written notification to our Copyright Agent. The written notice must include all information requested by Obior.

15.14If User believes that it has had material removed or disabled by mistake or misidentification, the User may file a counter-notification with Obior by submitting written notification to our copyright agent. The Counter-Notice must include all information requested by Obior.

15.15It is Obior’s policy in appropriate circumstances to disable and/or terminate the accounts of Users who repeatedly infringe copyrights.

Article 16 | Applicable law and jurisdiction

16.1The Offer, the Confirmation, the General Terms and Conditions and any other applicable document and all rights and obligations connected thereto and/or resulting there from between the Parties will be governed exclusively by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms and is hereby expressly excluded.

16.2Any disputes, disagreements or claims arising out of or relating to the Agreement, the non-performance, termination or possible invalidity thereof will be submitted in the first instance to the competent courts of Amsterdam, the Netherlands.

Article 17 | Warranty Disclaimer


17.2No Assignment by User. User may not assign this Agreement without the prior written consent of Obior, which Obior may refuse in its sole discretion. Any attempt by User to assign this Agreement without prior written consent from Obior will be deemed null and void. Obior may assign this Agreement at any time.

17.3Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.

17.4No agency, partnership, joint venture or employment is created as a result of this Agreement, and User does not have any authority of any kind to bind Obior in any respect whatsoever.

17.5In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.