TERMS AND CONDITIONS, Jalbum Hosting (<username>jalbum.net)

These conditions ("Jalbum hosting conditions") shall apply to the hosting service ("the Service") made available by Jalbum AB ("Jalbum") 556704-8938, Armfeltsgatan 18, 115 34 Stockholm, Sweden, and such physical individual or legal entity that subscribes to this service ("the Subscriber").

Jalbum's service offerings will from time to time consist of different Services. Jalbum's service portfolio from time to time is described at the Jalbum web page (Jalbum.net) and can further be detailed by Jalbum's customer service.

For each particular Service, specific terms and conditions may apply, as further advised by Jalbum ("Specific Terms").

At this time, Jalbum is providing two types of accounts to which the Subscriber may be connected, a free account or paid accounts. These accounts are subject to different the Terms as advised on this web page from time to time. The free account may, however, only be used for Jalbum generated content, and may further contain elements of advertisement. A subscriber may only have one free account at a time.

The Subscriber subscribes to the Services by filling in the electronic subscription agreement on Jalbum's web page, or, as applicable, by activating the Service through the Jalbum client ("the Order"). An agreement pertaining to the Services will be considered binding when Jalbum electronically has confirmed the Order ("the Agreement"). The Agreement consists of the Order and these Terms. The Subscriber may at any time subscribe to additional Services by submitting additional Orders to Jalbum.

In the event of a conflict between the agreement documents, they shall prevail in the following order: 1. The Order, 2. These Terms. These Terms can be downloaded from the Jalbum web page at http://jalbum.net/hosting/legal/.

The Subscriber shall, where applicable, be of legal age as defined in applicable legislation.

The Service will be made available at such time as defined by Jalbum. In the event that the Subscriber is a consumer, the Consumer may choose to have the Service made available after the end of the 14 day cooling off period, if requested by the Consumer. Otherwise, the Services will be made available immediately upon Jalbum's confirmation of the subscription.

If the Service has not been made available within 3 working days from the date of the Order, the Subscriber is entitled to terminate this Agreement, and Jalbum will then repay all fees paid by the Subscriber in relation to the Service.

The Services to be provided hereunder requires the Subscriber to be connected to the Internet, and having the necessary equipment. Such connection and equipment shall be arranged, maintained and paid for by the Subscriber.

The Subscriber may not use any software in relation to the Services which may cause disturbances in the Services, such as malicious scripts or similar. Should such disturbances occur, the Subscriber should immediately remove such software.

The Subscriber is aware of that upgrading or changes to the Services may result in changes to the technical requirements for utilising the Services, and that the Subscriber is responsible for meeting such requirements from time to time.

Jalbum is constantly developing and improving its Services, technically and commercially. Jalbum reserves the right to carry out upgrades or change the Services and/or the equipment and platforms used by Jalbum to provide the Services. Jalbum undertakes to inform the Subscriber - through its web page - in reasonable time prior to launching any major upgrades or changes to the Services. In the event that such a upgrade or change would significantly limit the possibilities of the Subscriber to continue to use the Service/-s as intended, the Subscriber shall be entitled to terminate this Agreement within 14 days after such a upgrade or change was launched. The Subscriber shall be considered to accepted the upgrade and/or change after the lapse of the above mentioned 14 day period, or if the Services are used by the Subscriber within that time.

The Subscriber shall pay the fees set forth in the Order and on the Jalbum web page.

In the event that the Subscriber is of the opinion that the fees charged are wrong, the Subscriber shall notify Jalbum within reasonable time, normally within two months after the due date of such payment. If no such notification is received by Jalbum within the aforesaid time, the Subscriber shall no longer be entitled to raise any objections in relation thereto.

Jalbum will not sell any personal data or otherwise allow it to be used by any third parties for advertising purposes.

By providing the personal data necessary to enter into this Agreement, Subscribers who are physical individuals shall be considered to have given consent to the treatment of personal data set forth below. It is voluntary to provide the personal data to Jalbum, but the Subscriber acknowledges that the Agreement cannot be executed unless the Subscriber provides mandatory information (including, where applicable, personal identification numbers).

Jalbum is responsible for its customer register. Information will be registered pertaining to the Subscriber as a basis for the Subscriber's connection to the Services, the provision of the Services, agreement administration, customer profiling and market analyses (such as reasons for the Subscriber's cancellation of the Agreement, and information about the utilised services), for market and product development purposes, marketing purposes and payment of fees. Jalbum shall be entitled to register information about usage of the Services for the purposes of being able to provide the Services, for calculation of fees and if needed to abide to decisions by governmental agencies and courts.

For the purposes of providing the Services and in order to manage the Agreement (e.g. payment of fees), personal data may be transferred to parties co-operating with Jalbum, and to other countries, also outside the EES area. Jalbum may also use such information in conjunction with other registers, to the extent necessary to maintain its customer register updated.

The Subscriber may at any time revoke the Subscriber's consent to use the personal data as aforesaid. The Subscriber acknowledges that Jalbum shall be entitled to cancel the Agreement if the consent is revoked.

The Subscriber is entitled to request information from Jalbum in relation to the processing of the personal data, and also to receive of a copy of the personal data pertaining to the Subscriber held by Jalbum.

The Subscription may not be transferred, nor may the Subscriber give anyone else the right to use the Subscriber's subscription to the Service/-s, without the consent by Jalbum. The Subscriber may further not transfer any rights or obligations stemming out the Agreement.

In the event of the death of the Subscriber, the estate may cancel this Agreement, through a written notification to Jalbum. The cancellation will take effect within two weeks after receipt of such notification.

Jalbum is entitled to transfer its rights and obligations under the Agreement to an entity that will fulfil Jalbum's obligations in relation to the Subscriber.

Upon occurrence of disturbances or interruptions relating to the Services, Jalbum shall commence error diagnostics within reasonable time after notification from the Subscriber. Normally, Jalbum will commence such error diagnostics at the latest after one working day after notification. Jalbum is not under obligation to correct any errors that are caused by circumstances outside Jalbum's reasonable control, such a disturbances relating to the internet service provider, or equipment or software not included in the Services.

In the event of such disturbances and/or interruptions makes the Service/-s unavailable to the Subscriber, the Subscriber may request that a corresponding deduction of the Service fees are made. Such deduction will be carried out through reduction of the payable Service fees for the next, up-coming period.

Jalbum will not provide any telephone support. However, Jalbum will to a limited extent provide e-mail support and support through Jalbum's web forum.

Jalbum will continuously maintain its software, its equipment and the Jalbum web page. Jalbum reserves the right to temporarily shut down the Services during such maintenance. In the event that such shut down will last longer than five hours, Jalbum will normally notify its Subscribers in advance, through e-mail or messages posted on its web page.

The Subscriber may only use the Service/-s for its own use.

The Subscriber shall be solely responsible for its (and its affiliates', subsidiaries' and representatives') use of the Services. In the event that that the Subscriber becomes aware of use of the Services in conflict with the provisions of this Agreement, it shall immediately ensure that such prohibited use ceases, and shall further notify Jalbum.

The Subscriber is not allowed to use the Service/-s to store and/or use executable files including without limitation .exe and disk images including without limitation .ing, .bin, .cue, .iso, .mrg, .toas, and .dmg files.

The Subscriber shall abide to applicable legislation and rules, instructions from Jalbum, and generally accepted ethical and moral standards when using the Service/-s (including without limitation discrimination or incitement to racial hatred, or sexually oriented material and child pornography). The Subscriber may not use the Service/-s such that Jalbum or any third party is inflicted with any damage. In the event that the Subscriber becomes aware of that Service/-s is used in violation of the a foregoing, the Subscriber shall immediately notify Jalbum and take such reasonable steps as can be required in order to ensure that such usage ceases.

The Subscriber may not without proper authorisation access or try to access other Service/-s or other resources through the Service/-s, nor without authorisation try to access, use, destroy, distort or disclose any information belonging to Jalbum or any third party.

The Subscriber shall indemnify and hold Jalbum harmless for any damage inflicted by the Subscriber, or any affiliate, subsidiary or representative of the Subscriber.

If Jalbum has reasonable cause to suspect violations against applicable legislation or rules, Jalbum's instructions, this Agreement or generally accepted ethical and/or moral standards, Jalbum shall be entitled, without prior notice and without assuming any liability whatsoever, to disconnect the Subscriber from the Service/-s. Jalbum shall further be entitled to take the necessary measures needed in order to prevent further distribution of prohibited information, including without limitation by accessing the Service accounts of the relevant Subscriber and deleting or transferring such information. Jalbum shall further be entitled to access such information that are stored, processed or distributed through the Service/-s and to transfer the same to the relevant governmental agencies or courts.

The Subscriber shall be solely responsible for all information the Subscriber stores, processes or distributes through the Service/-s. The Subscriber undertakes to ensure that the Subscriber does not distribute information such that it will be considered to be an infringement of any third party's intellectual property rights, or which can be considered to constitute slander or libel, encourages criminal activities, or contains information that could be classified as child pornography, violence or discrimination against race or sex.

All rights to the Jalbum Service/-s are vested with Jalbum or its rights holders.

The Subscriber or its rights holders, as the case may be, will remain the owner of any data provided by the Subscriber in relation to the Service/-s.

Jalbum shall be entitled to create links to the Subscriber's web pages, and/or user-generated content, unless the Subscriber has notified Jalbum that it will not allow such links. Jalbum shall bear any costs in relation to extra bandwidth, if any, if traffic is significantly increased as a result of such links.

Aside from what is explicitly set forth herein, Jalbum shall not be liable for any failures, errors, interruptions or disturbances in relation to the Service/-s.

Jalbum shall not be liable for loss of data or information.

Jalbum shall not be liable for any other indirect or consequential losses in relation to this Agreement. Under no circumstances shall Jalbum's aggregate liability hereunder exceed the fees paid by the Subscriber during the six months immediately preceding the occurrence of the damage.

Any claims for damages against Jalbum in relation to this Agreement shall be made within reasonable time after the damage occurred. Reasonable time shall normally not exceed three months. If no such claims are made within the aforementioned time, Jalbum's liability shall cease.

Jalbum shall not be liable for any damages in relation to circumstances that reasonably are outside Jalbum's control, including without limitation circumstances constituting force majeure, and acts and omissions of third parties.

Jalbum has provided other companies access to its web page, where such companies are marketing and selling their products and services. Further, Jalbum's web page contain links to other web pages that are not controlled by Jalbum. Jalbum is not responsible for such third parties, their products or services, and explicitly disclaims any liability in relation thereto.

This Agreement will become valid when approved by Jalbum as set forth in section 1 above, and shall thereafter remain in force during such time as is detailed in the Order.

The Agreement may be terminated by either party at any time, upon a one month notice period. Jalbum shall be entitled to retain any fees paid by the Subscriber, regardless of the cause of such termination, unless otherwise set forth herein.

Termination of the Agreement or a particular Service shall be made in writing.

Jalbum shall be entitled to immediately and until further notice disconnect the Subscriber from the Service/-s, or otherwise limit or reduce the Subscribers' rights to use the Service/-s, in the event that the Subscriber fails to comply to the provisions set forth herein, or otherwise significantly misused the Service/-s. Regardless of such disconnection, the Subscriber shall in any event be liable to pay any and all fees in accordance with this Agreement.

Jalbum is entitled to immediately terminate this Agreement in relation to the Service/-s in the event that the Subscriber fails to comply to the provisions set forth herein, or otherwise significantly misused the Service/-s.

In the event of such failure to comply to the provisions set forth in the Agreement is of less significance, Jalbum shall be entitled to terminate the Agreement with immediate effect, should the Subscriber fail to make the necessary corrections within 14 days after having received a written notice to that effect.

Jalbum shall be entitled to terminate this Agreement with immediate effect, in the event that the Subscriber is declared bankrupt or it otherwise can be assumed that the Subscriber is insolvent.

The Subscriber is entitled to terminate this Agreement in the event that Jalbum have not fulfilled its obligations to initiate error correction measures as set forth herein, within reasonable time.

The Subscriber is entitled to withdraw from the Agreement in the event that the Subscriber notifies Jalbum, within the 14 day cooling-off period immediately after Jalbum's acceptance of the Order. The right to withdraw will how ever not apply in the event that Jalbum has offered the Subscriber to commence providing the Service/-s during the cool-off period and such an offer has been accepted by the Subscriber, in which case the Subscriber shall be considered to have waived its rights in this respect.

In the event that Jalbum has not started to provide the Service/-s within reasonable time, and provided that the Subscriber has reminded Jalbum in relation thereto, the Subscriber shall be entitled to terminate this Agreement with immediate effect.

In the event that a Subscriber does not prolong the Subscriber's agreement with Jalbum pertaining to the Service/-s, or, for free accounts, fails to show any activity on the account for a period of excess of six months, and provided further that the Subscriber fails to remove the contents on the Subscriber's account, Jalbum shall be entitled to remove such contents and close the account. However, Jalbum shall, prior to such removal, make reasonable efforts to contact the Subscriber over the e-mail address provided by the Subscriber and available to Jalbum. The Subscriber shall then have the option to prolong the Subscriber's agreement with Jalbum (to the extent applicable subject to payment of the then current fees), or, as the case may be in relation to free accounts, to reactivate the account, or remove the contents. If the Subscriber has not either prolonged the agreement with Jalbum (or reactivated the account), or removed the contents within 30 days after such e-mail notification, Jalbum shall be entitled to remove the contents without assuming any liability in relation thereto.

Jalbum shall be entitled to make such changes to the Service/-s that are not significant for the continued use of the Service/-s, without prior notice to the Subscriber.

Jalbum shall be entitled to change the price and/or other terms and conditions applicable to the Service/-s. The current terms and conditions shall always be available on Jalbum's web page. In the event of that significant changes, Jalbum shall inform the Subscriber through e-mail or through postings at its web site 30 days prior to such change.

If a change in accordance with section 13.2 consists of increased fees, or would entail changes that would be materially detrimental to the Subscriber, Jalbum shall notify the Subscriber through e-mail, and the Subscriber shall then be entitled to terminate the Agreement, with effect from when the change is effected. If the Subscriber uses the Service/-s after such changes having been implemented, such use shall be deemed to constitute an acceptance of the change.

This Agreement and all circumstances pertaining to it shall exclusively be governed by the substantial laws of Sweden.

Any disputes arising out of this Agreement or the relationship between the parties hall be solved through amicable negotiations in good faith between the parties. In the event that the parties cannot agree, either party may refer such a dispute to the t courts of Sweden.