This Terms of Service Agreement (the "Agreement") is entered into by and between Bootim Technologies Limited ("Bootim," "we," "us," or "our") and you ("User," "you," or "your"). This Agreement sets forth the general terms and conditions that govern your use of the products and services provided by Bootim, including but not limited to the services accessible via the bootim.net website (collectively, the "Services"). By using the Services, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

1. Additional Policies and Agreements

Your use of the Services is also subject to the following policies and agreements, which are incorporated by reference into this Agreement:
  - Privacy Policy
  - Billing Policy
Additional terms may apply to specific Services, and such terms are incorporated by reference when applicable. For instance, if you register a domain name with us, the Domain Registration Agreement will also be applicable and incorporated into this Agreement.

1.1. Definitions

In this Agreement, the following terms shall have the meanings ascribed to them below:

• (a) Bootim Services: Refers to the products and services provided by Bootim to any customer, as further described in the paragraph titled "Bootim Services" below.
• (b) Services Agreement: Any document executed by you for the purchase of Bootim Services, including order forms and online registration forms.
• (c) Billing Cycle: The payment schedule for the Bootim Services you have purchased, commencing on the date when your customer account is activated by Bootim.

1.2. Bootim Customer Account

Upon the execution of a Services Agreement, Bootim will assign you a unique username ("UserID") and password, enabling you to access your customer account. The legal owner of the customer account is the legal entity whose name is identified as the "customer" in the Services Agreement and as listed in Bootim's database. It is your responsibility to safeguard your UserID and password and ensure that your customer account's contact identification information is accurate and up-to-date in Bootim's database. This includes keeping your customer account updated to reflect any changes in staff or service providers (e.g., website design companies or online media management companies) associated with your account. In the event of any inconsistency or dispute or in the case of a re-organization or dissolution of the customer, the order of precedence for the legal owner of the customer account is as follows:

• A. The company or organization listed on the account in Bootim's database.
• B. The individual who executed the Services Agreement.
• C. The individual who is the cardholder of the credit card that paid the most recent invoice for the customer account.

Regarding domain names, the legal entity listed as the "Registrant" of the domain name in the public Whois registry is the legal owner of that domain name. The ownership of a specific domain name is independent of the ownership of the customer account, even if that domain name is associated with the primary website hosted on the customer account. It is your responsibility to ensure that the Registrant name and contact information are up-to-date in the Whois registry. In the event of a dispute over the ownership of your customer account (including any associated website(s) or domain names), you must complete and submit a copy of Bootim's Proof of Identity Form to admin@bootim.net and agree to cooperate fully with Bootim's security measures and procedures. Bootim is not obligated to restore access to your customer account to any particular person if that person cannot meet Bootim's security requirements. You understand that Bootim has no responsibility or obligation to act as an arbiter or authority in ownership disputes between you and your employees (current or former) or between you and your third-party service providers. Bootim reserves the right to suspend your access to your customer account during an ownership dispute.

If you encounter any customer account issues, please contact us promptly at info@bootim.net or call us at 0394808418 for assistance and dedicated support.

1.3. Bootim Services

The Bootim Services encompass, but are not limited to:

• - Website Hosting
• - Domain Registration
• - Website Designing
• - Website Maintenance
• - Internet Marketing

Bootim reserves the right to amend, add, discontinue, suspend, or modify any of the Bootim Services, as well as the associated terms and conditions, at any time and at its sole discretion. Bootim will determine the application of such changes to both existing and future customers.

1.4. Proxy Services

For domain name registration services involving third-party providers acting on your behalf ("Proxy Services"), you acknowledge that if Bootim or the third-party provider does not receive a response from you within 48 hours of a communication being sent, the sender may, at their sole discretion, suspend or terminate the Proxy Services. If Bootim provides the Proxy Services, Bootim also reserves the right to suspend or terminate any or all of the services provided to you entirely in such an event.

1.5. Ownership of Equipment

Bootim retains all rights and titles to the Bootim Services, including all equipment (both software and hardware) and licenses used to provide the Bootim Services. You acknowledge and agree that Bootim does not transfer ownership of any equipment or licenses to you at any time or for any reason. Notwithstanding the foregoing, Bootim acknowledges that a colocation customer will own all rights and titles to the hardware equipment installed in Bootim's data center(s) as per the terms of their specific Services Agreement.

1.6. Modifications

Bootim reserves the right, at its sole discretion, to discontinue, upgrade, replace, modify, or change in any way, including but not limited to the pricing of, any Bootim Service, software, application, program, data, hardware, equipment, or any of their components used to provide customers with the Bootim Services. Some changes to the Bootim Services may affect the operation of your personalized applications and content. You are solely responsible for such personalized applications and content, and Bootim is not liable for them. Unless expressly agreed to by Bootim, Bootim may, but is not obligated to, provide notice of such modifications.

1.7. Backup of Data

All customers are solely responsible for the management and backup of their data, as well as all updates, upgrades, and patches to any software used in connection with the Bootim Services, unless backup services have been specifically ordered from Bootim and are included in your Services Agreement. If you have ordered backup services from Bootim, these services will be governed by Bootim's Managed Backup Policy, which supplements this Agreement and is incorporated herein by reference.

1.8. Email Accounts

Any email accounts, including POP email accounts, not logged into for a continuous period of 6 months or more shall be considered abandoned, and Bootim reserves the right to delete the email account ("Abandoned Mailbox") and/or all emails residing in such Abandoned Mailbox ("Abandoned Emails"). Bootim will send a notice to the associated email account at least 2 weeks in advance, notifying the user or customer that the Abandoned Mailbox and/or Abandoned Emails will be deleted unless the user logs into the Abandoned Mailbox within 2 weeks. Bootim also reserves the right to delete all content stored in any customer's spam folders or email accounts that has been inactive for 60 days or more.

1.9. Illegal Use

The Bootim Services, including all equipment, may only be used for lawful purposes. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may facilitate the violation of any law or regulation, is prohibited. This includes, but is not limited to, copyrighted material, trademarks, trade secrets, or other intellectual property rights used without proper authorization, as well as material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

1.10. Spamming

Sending unsolicited bulk and/or commercial messages over the Internet, commonly known as "spamming," is strictly prohibited, regardless of whether it overloads a server or disrupts service to Bootim's customers. The term "spamming" also encompasses, but is not limited to, maintaining an open SMTP policy, engaging in spamming through the service of another ISP or IPP while referencing a website hosted on a Bootim server, and selling or distributing software facilitating spamming on a Bootim server. All customer emails and mailing lists, if any, must fully comply with applicable privacy and electronic communications legislation. Additionally, the use of third-party or purchased mailing lists is prohibited. The first violation of this policy will result in a written warning. A second violation will lead to the immediate suspension of the customer's email services. Subsequent violations may result in the closure of the customer's account. Bootim reserves the right to determine, at its sole discretion, what constitutes a violation of this provision.

1.11. System and Network Abuse

Violations of system or network security are strictly prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following: unauthorized access to or use of data, systems, or networks, including any attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner; interference with service to any user, host, or network, including mailbombing, flooding, deliberate attempts to overload a system, and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

1.12. Viruses and Other Destructive Activities

The use of the Bootim Services or equipment for creating or sending Internet viruses, worms, Trojan horses, or for pinging, flooding, or mail bombing, or engaging in denial of service attacks is strictly prohibited. It is also prohibited to engage in any activity intended to disrupt or interfere with, or resulting in the disruption or interference with, the ability of others to effectively use the Bootim Services, equipment, or any connected network, system, service, or equipment or conduct their business over the Internet.

1.13. Pornographic Materials

The use of the Bootim Services to store, post, display, transmit, advertise, or otherwise make available pornography is prohibited. Bootim is required by law to notify law enforcement agencies of any presence of pornography on its services and will immediately terminate your account if such content is detected.

1.14. Customer Responsibility

Customers are required to use the Bootim network responsibly, which includes respecting other Bootim customers. Bootim reserves the right to suspend and/or cancel service with any customer whose use of the Bootim network adversely affects other Bootim customers. While Bootim may electronically monitor its service for operational purposes, it does not generally monitor customers' communications or activities to determine whether they comply with this Agreement. However, Bootim reserves the right to take action in case of any violation, including but not limited to denying access to the Bootim Services and equipment or the Internet. Bootim may also take action against a customer or an end-user of such customer due to the activities of such end-user. Customers offering Internet services are expected to cooperate with Bootim in any corrective or preventive action Bootim deems necessary. Failure to cooperate with such measures is a violation of Bootim's policy, and Bootim reserves the right to take such action even if it affects other Bootim customers.

1.15. Actions Taken by Bootim

Failure to comply with any provision of this Agreement may result in the immediate termination of your account. Bootim, at its sole discretion, will determine what constitutes a violation of this Agreement. Bootim also reserves the right to suspend or remove any customer account without prior notice and to refuse service to anyone at any time. If Bootim becomes aware of an alleged violation of this Agreement, Bootim may initiate an investigation. During the investigation, Bootim may restrict a customer's access to prevent further unauthorized activity. Depending on the severity of the violation, Bootim may, at its sole discretion, restrict, suspend, or terminate a customer account and/or pursue other civil remedies. In the case of criminal offenses, Bootim may notify the appropriate law enforcement authorities. Bootim does not issue credits for outages incurred through service disablement due to Agreement violations. Violators of this Agreement are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network and to respond to complaints incurred by Bootim. Furthermore, Bootim reserves the right to suspend or terminate your customer account if ordered to do so by an authoritative body of competent jurisdiction or if continuing to provide services to you may result in a legal or material risk to Bootim or if Bootim is not legally permitted to provide services to you.

1.17. Indemnification

You agree to protect, defend, hold harmless, and indemnify Bootim, any third-party entity related to Bootim (including, without limitation, third-party vendors), and Bootim's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all of Bootim's legal fees and expenses, arising from or related to your use of the Bootim Services.

1.17. Disclaimer

The Bootim Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Bootim expressly disclaims any representation or warranty that the Bootim Service will be error-free, secure, or uninterrupted. No oral advice or written information provided by Bootim, its employees, licensors, or other representatives will create a warranty, nor should you rely on any such information or advice. Bootim and its partners and suppliers will not be liable for any cost or damages arising directly or indirectly from any use of, or any inability to use, any Bootim Services, even if Bootim has been advised of the possibility of such damages. All claims and causes of action arising from the Agreement or the Bootim Services are permanently barred unless commenced within 6 months after the basis of the claim or the cause of action arose, regardless of any statutory limitation period allowing for a longer period. Bootim's total cumulative liability, if any, to you or any third party for any and all damages related to the Agreement or the Bootim Services, including, without limitation, those resulting from any negligence, any act or omission by Bootim or Bootim's representatives, or under any other theory of law or equity, will be limited to, and will not exceed, the actual dollar amount paid by you for the services that gave rise to such damages, losses, and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.

1.18. Third-Party Licenses

Bootim makes reasonable efforts to provide customers with the Bootim Services, which may include certain services, products, technologies, developments, and innovations (collectively "Technologies"), some or all of which may be subcontracted, licensed, or co-branded by third-party entities. Bootim makes no warranty, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any aspect of such Technologies. Additionally, Bootim specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Bootim liable in any way for the revocation of any license that has been granted to Bootim. The use of Technologies obtained from or through Bootim or any other referred third party, whether directly or indirectly, is at the sole risk of customers. Customers understand and agree that their use of such Technologies may be subject to additional Agreements, policies, terms, and conditions provided by the third-party vendor, which are supplementary to those contained or referenced in this Agreement. Additionally, any mention of non-Bootim products or services that are not included in the Technologies by Bootim, its employees, or any third-party entity related to Bootim is for informational purposes only and does not constitute an endorsement or recommendation by Bootim. Bootim disclaims all liabilities for any representation or warranty made by the vendors of such non-Bootim products or services.

1.19. Intellectual Property

Customers shall not, without the express written consent of Bootim, copy, reproduce, republish, or otherwise use any material, in whole or in part, located on Bootim's website. Customers shall not use any of Bootim's trademarks, service marks, copyrighted materials, or other intellectual property without the express written consent of Bootim. Customers shall not misrepresent their relationship with Bootim, attempt to pass themselves off as Bootim, or use any information obtained from the Bootim website to harass, abuse, or harm other people.

1.20. Miscellaneous

This Agreement, as well as all modifications and amendments, constitutes the complete and exclusive agreement between you and Bootim concerning your use of the Bootim Services, and supersedes and governs all prior proposals, agreements, or other communications. This Agreement may only be amended as provided for herein. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then the remaining provisions of this Agreement will remain in full force and effect. The failure of either party to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by the other party in writing. The headings in this Agreement are solely for convenience and will not be considered in its interpretation. This Agreement may be executed in counterparts, each of which will be deemed an original, but all of which will constitute one and the same instrument. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective heirs, representatives, executors, successors, and assigns except that you may not assign or transfer this Agreement without Bootim's prior written consent.

1.21. Contact Information

If you have any questions about this Agreement, or if you need to contact Bootim for any reason, please use the following contact information:

• - Bootim Technologies Limited
• - Address: Bootim Towers, Nansana Wakiso, P.O.Box 300124 Kampala
• - Email: info@bootim.net
• - Phone: 0394808418