TERMS OF SERVICE. Halcuro ABN: GPO Box 2017 Brisbane City, 4001 Queensland, Australia

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1 TERMS OF SERVICE Halcuro ABN: GPO Box 2017 Brisbane City, 4001 Queensland, Australia Last Update 27th September 2015

2 Introduction We may refer to Halcuro throughout this document as "us" "we" "our" or other first person pronouns and the customer, person or entity as "you" "users". 1. Conditions 1.1 By ordering a service and/or creating an account you agree to be bound by our terms of service and the following; Service Level Agreement - Privacy Policy Only the English language version of all content including but not limited to legal documents may be held accountable in the court of law. All other languages are void. 2. Services 2.1 We will use reasonable efforts to supply a continuous service. However, we are not liable for any loss of data or service uptime resulting from delays or incidents outside of our control, missed or non-deliveries, service interruptions including denial of service attacks or by errors or omissions of the customer. 2.2 You agree that Halcuro is not liable to you for any consequential damages which you may suffer as a result of loss of business, contracts, profits, savings or otherwise. 2.3 Halcuro is unable to exercise control over material sent over the internet and excludes all liability of any kind for the publication by the customer of inaccurate, misleading, offensive, threatening or obscene material, or material that is in breach of any applicable law where the service is located. 2.4 We are not liable to you for any costs incurred by your telephone or internet service provider. 2.5 You agree not to re-sell, sub-lease, reassign or transfer any part of our services without consent. 2.6 Services we, our sub-contractors or network provider provide may require maintenance that requires the services we provide to be restarted or shut down, we will give as much notice as possible and shall carry out any maintenance as quick as possible. We accept no liability for any downtime due to maintenance. 2.7 You agree and understand that any attempts to undermine or cause harm to any of our services including customers of Halcuro is strictly prohibited and all infractions and or suspected infractions will be vigorously investigated and all information will be supplied to law enforcement agencies. 2.8 Denial of Service (DOS) attacks directed at Halcuro, or any attempts to launch a DOS attack from our services/servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and all information will be supplied to law enforcement agencies.

3 2.9 You agree and understand that users who violate systems or network security may incur criminal or civil liability. Halcuro will cooperate fully with investigations of violations of systems or network security with other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. 3. Content 3.1 Customers must use the Services provided for lawful, authorized purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law where the service is located is prohibited. Any customer found to be in breach of clause 3.1 may have their account terminated without notice. The list of banned content includes, but is not limited to; (a) Illegal material - This includes illegally exploited copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading. (b) Warez - This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material. (c) HYIP - We do not allow any HYIP sites, or sites that link to or have content related to HYIP sites. (d) Proxy - We do not allow any proxy set-ups or connections or any sort of activity through remote proxy connections on our Game Servers, Voice Servers, Shared Hosting, VPS Hosting and Dedicated Servers. (e) IRC Hosts - Hosting an IRC server that is part of or connected to another IRC network or server or has a connection to an IRC network. Servers or virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. (f) Defamatory content - Any website content that makes a false claim, expressively stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image. (g) Bit Torrents: Use of software and scripts for "bit torrents" or similar is not allowed on our servers. This includes sending or receiving files using these mechanisms. (h) Terrorist content: Any content which is associated with terrorism of any kind including any sites which provide "links to" or "how to" information about such material. (i) Adult content: Any content that could be identified as not suitable for persons under the age of 18 including but not limited to pornography. (j) People & product smuggling: Any content which is associated with people/product smuggling or trafficking of any kind including any sites which provider links to or how to information about such acts. (k) spam: Any which is unsolicited, sent in bulk or contains marketing content is strictly prohibited.

4 3.2 You agree to fully and effectively indemnify Halcuro against all losses, costs, actions, proceedings, claims, damages, awards, fees, expenses (including legal expenses) or liabilities, how so ever suffered or incurred in consequence of the breach or non-observance of Clause You agree to complete your own tests for computer viruses in accordance with best computing practice prior to each and every operational use of a service we provide. 4. Resource and Server Limits 4.1 We reserve the right to impose a new plan/contract on you(ie. an upgrade) and/or suspend/terminate your service if you operate any service that we deem to be excessive CPU cycles, RAM/Memory usage or Bandwidth that cause strain to other services. Continuation of operate out of normal operation limits will result in service termination. 4.2 Under no circumstances is a game service to be used as storage for any files unrelated to the game that has been purchased. 5. Staff and Customer Service 5.1 Our support team will endeavor to assist you as soon as possible, to the best of their ability and knowledge. 5.2 We reserve the right to terminate your account if you are disrespectful or display abusive behavior towards our staff members. 5.3 All Halcuro services are self-managed unless otherwise stated, we are not responsible or required to install or assist in the installation, modification or fault finding of addons, plugins or any part of your service. 6. Backups and Security 6.1 Halcuro will use reasonable efforts to protect and backup data for clients on a regular basis, however, Halcuro does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, you are solely responsible for making back-up files in connection with your use of our services. 6.2 Your password provides access to your account and/or services; you must take steps to ensure that you do not lose, forget or allow others to gain unauthorized access to your account. Halcuro is not responsible and/or guarantee it can restore account and/or service passwords should you lose or are no longer able to access your service and/or accounts. 6.3 You may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or service. You are responsible for the consequences arising for any misuse by you or others that have access to your account authorized or not.

5 7. Billing and Refunds 7.1 Before a service is provisioned the due balance and all outstanding balances must be made in full. 7.2 Invoices are generated seven(7) days before a service balance is due. Payment must be made by the due date to avoid suspension of your account/service(s). If no payment is received by the due date, your service will be suspended. If no attempt is made within the next six(6) days to pay due invoice(s), we reserve the right to permanently terminate your account and format all data held and to delete or re use your service IP/Port. Clause 9.2 must be taken into consideration for dedicated server products. 7.3 Any service or plan that is upgraded or downgraded between a billing cycle will be invoiced according to the remaining time on the current billing cycle. If a service is downgraded, credit will be applied to your account to use on another product and is non-refundable. TeamSpeak service downgrades will incur a $0.14 USD per slot fee that is removed. 7.4 You agree that all account information including personal details supplied are true and free from any false or misleading information. Should your personal details change you are required to make adjustments to your account information to reflect these changes within seven(7) days of the change occurring. 7.5 If you are believed to have entered fraudulent, misleading, incorrect, invalid personal or billing information we reserve the right to suspend your service and freeze all funds paid. You will be required to supply identification. If identification is not presented or not deemed satisfactory by our staff your service will be terminated without refund. 7.6 All prices listed on our website include processing fees and any other fees, taxes or costs. We cannot guarantee the accuracy of prices that are displayed outside our website. We reserve the right to decline any pricing or purchase without notice or reason. 7.7 In the event Halcuro stops, closes, shuts down or files for bankruptcy we relinquish all responsibility for our services and under no circumstances required to supply a refund or compensation. 7.8 Halcuro offers a conditional twenty four(24) hour money back guarantee on our game, virtual server and web hosting product purchases should your purchase: (a) Provision time Should your service not be provisioned within 24 hours of cleared payment. (b) Service accessibility - The service is not accessible by the methods provided in the setup completion . Service accessibility conditional twenty four(24) hour money back guarantee is void should your IP, account or service is banned or suspended at time of purchase. (c) Setup error An error has occurred in the Halcuro provisioning process eg; product (A) was purchased but product (B) was setup. 7.9 Our conditional twenty four(24) hour money back guarantee is NOT available on any voice server, dedicated server, SSL certificate or domain registration or transfer product purchase.

6 8.0 Refunds are at the sole discretion of Halcuro and will not be given for the following: (a) In reference to section 7.8 (a) Service accessibility conditional twenty four(24) hour money back guarantee should your IP, account or service being banned or suspended at time of purchase. (b) A service was accidentally purchased. (c) You changed your mind. (d) You deem our support not satisfactory including but not limited to delays in support ticket response time. (e) The purchased service does not run, operate or perform in the desired manner you require and/or expected including but not limited to running game server(s) on virtual private servers. (f) You do not know how to use/access the service provided. 8.1 All refund requests will incur a 2.9% +$2.50 USD fee regardless if the refund has been issued as part of our money back guarantee or otherwise. Services with a monthly fee under $5 will incur a 2.9% +$1.00 USD fee. 8.2 All affiliate program withdrawals will be made through PayPal in Australian Dollars(AUD). We reserve the right to decline any affiliate withdrawal request. 9. Cancelation and Terminations 9.1 We reserve the right to suspend or terminate a service upon receipt of abuse without notice. Under no circumstances will a refund or compensation be given to service(s) that are suspended or terminated due to receipt of abuse. 9.2 Halcuro MUST be notified of all dedicated server cancelations thirty two(32) days prior to upcoming invoice due date. Failure to notify us of a cancellation will result in the following months balance to be due. Failure to pay any outstanding balance seven(7) days after invoice due date will result in all relevant information to be passed onto our debt collection agency. All costs including but not limited to legal, administration costs and fees resulting from the debt collection process will be added to your due balance. 9.3 All cancelations must be made by logging into our user control panel and issuing a service cancelation request.