Terms of Service

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or Our services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available during the office hours stated in this Site. if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.

The original language of these Terms of Service, as well as all other texts throughout the Site, is English. We make available this translation for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.

In case of conflicts between this terms of service and any other terms of service related to the service, this shall prevail.

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of Ireland, and the parties hereby submit to the non-exclusive jurisdiction of the Irish courts to settle any disputes which may arise in connection with these terms and conditions.

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, and users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any credential, username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Service.

Key Terms

Buyers are users who purchase services.

We or Us or Seller or Origin Internet refers to Origin Internet Software Services and its subsidiaries.

Custom Offers are exclusive proposals that we can create in response to specific requirements of a Buyer.

Custom Orders are requests made by a Buyer to receive a Custom Offer from Origin Internet.

Services or Packages allow us to offer services in different formats and prices. Packages can include Extras, which lets us price our services.​

Extras or Upgrades are additional services offered on top of a Package for an additional price defined by us.

Base Price is the price of a Package without upgrades.

Service page is the site where we describe our Package and the Package’s terms. In the Service page the Buyer may start a Proposal process to purchase of Service.

Design is any digital graphic asset and/or User Experience/User Interface design related service offered by us.

Third-party Platform or Third-party of Fiverr is an external platform, hosting a Communication System and an Escrow Payment System where the Order of the Service is made.

Communication platform or Order Page is a system provided by the Third-party Platform where us and the Buyer communicate with each other in connection with an ordered Service. The Order is created in this platform and is governed by its own Terms of service.

Payment processor is a service provided by a the Third-party platform where Buyer purchases a Service from us. It is governed by its own Payment terms of service.

Proposal process are non-legally binding communications between Buyer and Origin Internet to decide the terms of a Proposal. 

Proposal is a non formal agreements sent from Internet Origin to a Buyer in order to initiate an Order. It shall be sent and signed in the Communication platform even-thought some preliminary aspects of the negotiation may be take place via other means.

Orders are the formal agreements between a Buyer and Origin Internet as result of a Proposal being signed by both parties (“Seller” and “Origin Internet”). This Agreement shall be governed by and construed in all respects in accordance with the Terms of service of the Third-party platform.

Overview (Main terms, in a nutshell)

• Buyers pay the Third-party Platform in advance to create an order (see Payment Terms).
• Orders are purchased through the Payment Processor.
• When purchasing a Service, Buyers are granted all rights for the delivered work, unless otherwise specified by the us on our Services page. Note: some Services charge additional payments (through Extras) for Commercial Use License. See the  “Ownership” and “Commercial Use License” sections below for more information.
• Origin Internet retains the right to use all published delivered works/services and Designs for marketing and promotion purposes.
• We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

Seller

Basics

• • Seller offers services listed in this Site that undergo a negotiated proposal phase and are purchased as a service (“Gig”)  on the Third-party platform.
  • Seller may also offer Custom Offers to Buyers in addition to their Services.
  • The Third-party platform accredits Origin Internet once an order is completed. See “Orders” section below for a definition of a completed order.

Services

• A breach or violation of any of the Terms will result in an immediate termination of your Services. Violations may include (but are not limited to) the following violations and/or materials:
  • Illegal or Fraudulent services
  • Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy found here
  • Adult oriented services, Pornographic, Inappropriate/Obscene
  • Spam, nonsense, or violent or deceptive Proposal processes
  • Services misleading Origin Internet or others
  • Reselling of regulated goods
  • Promoting our Services through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.

Extras

• Extras are additional services offered on top of our Packages for an additional price defined by the Seller.
• Services offered through Extras is related to the base service and part of the deliverables on the Order.
• Extras may cover different categories of services that are components to a higher quality delivered service.
• Seller have the option to extend the duration of an Order for each Extra that is added to the Order. This is to cover the time needed to complete the extra service.

Custom Offer

• Sellers can also send Custom Offers addressing specific requirements of a Buyer.
• Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
• Project Milestones:
  • Custom Offers above $100 may include up to six project milestones, the minimum amount for each milestone is $50 and the project should include at least two milestones. Each milestone is paid and delivered separately in accordance with each Custom Offer’s description and timelines.
  • Once a milestone is delivered and marked as completed, Buyers may choose to either continue with the Order and pay for the next milestone, or to stop the Order. If Buyer does not pay for the next milestone within 10 days of acceptance of previous milestones, the Order under the next milestones will not start. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after marked as Delivered, however, in such case the Order will be stopped and all further milestones will not start.

Subscription

• Seller may offer Buyers a fixed term subscription for a specific Service (the “Subscription”). During the Subscription period, Seller will deliver one Order of the same Service each month.
• Buyers may cancel future Orders under the Subscription before payment is made for such future Orders. In such case, the Orders under the Subscription will be cancelled, as applicable. Once payment is made, The Third-party platform’s Order Cancelation policy under the Payments Terms will apply.
• Seller may cancel the Subscription up to 10 days before to the next consecutive Order.

Shipping Physical Deliverables

If Buyer and Seller agree to a physically delivered service (Backup copy, Postal letter, etc) the Seller may decide to define a shipping pricing factor.

• Important: Buyers who purchase Services that require physical delivery, will be asked to provide a shipping address.
• Sellers are responsible for all shipping arrangements once the Buyer provides the shipping address.
• Origin Internet does not handle or guarantee shipping, tracking, quality, and condition of items or their delivery and shall not be responsible or liable for any damages or other problems resulting from shipping.
• A tracking number is a great way to avoid disputes related to shipping. Physical Deliverables purchased without a tracking number option will be elligible to enter the Dispute-resolution system.

Other provisions

“If you can find a better price for these specifications elsewhere, we match the offer” 

We retain all rights to decide about matching an external provider’s (“External provider”) price for a similar software service. Factors we will take into account include, without limitation, (A) similarity of features, (B) our considerations about External Provider, (C) and/or any others.

“We are committed to a less than a month completion. We don’t make it, you don’t pay.”

The rules regarding payments,  refunds, and/or completion times are governed by the Third-Party’s (“Fiverr”) Payment Terms and conditions. Further information here.

Buyers

Basics

• We retain the right to use all publicly published delivered works for marketing and promotional purposes.

Purchasing

• Please refer to the Third-party platform Payment Terms for making Payments.
• In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer.

Orders

Basics

• Once payment is confirmed in the Third-party platform (“Fiverr”), your order will be created and given a unique order number (#FO).
• We will deliver completed files and/or proof of work using the Deliver Work button (located on the Order page of the Third-party) according to the service that was purchased and advertised.
• An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer in the Third-party platform. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered.
• We encourage our Buyers to try and settle conflicts. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Fiverr’s Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to “Fiverr”‘s Payment Terms. (external link)
• A milestone (on an Order with milestones) is marked as Complete after it is delivered by the Seller and then accepted by the Buyer. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after marked as Delivered, however, in such case the Order will be stopped and all further milestones will not start. Once a milestone is delivered and accepted, Buyers may choose to either continue with the Order and pay for the next milestone, or to stop the Order. If Buyer does not pay for the next milestone within 10 days of acceptance of previous milestones, the Order under the next milestones will not start. Please note that if you choose to stop the future milestones, the current ordered milestone will not be cancelled.
• Buyers may purchase a fixed term Subscription to a specific Service, if provided by us. During the Subscription period, a new Order of the same Service will be automatically created each month. By purchasing a Subscription, you authorize us to automatically charge you for each Order under the Subscription from your Fiverr Balance or saved payment method, as applicable. If you do not have any Fiverr Balance or a saved payment method, you will be requested to approve the payment prior to the next Order. In case a payment is not processed or made by Buyer, for any other reason, the Orders under the Subscription will be cancelled. Buyer may also cancel future Orders under the Subscription before payment is made for such future Orders. Once payment is made, Fiverr’s Order Cancelation policy under the Payments Terms will apply. Please note that Sellers can cancel future Orders under the Subscription 10 days prior to the next consecutive Order.

Handling Orders

• We will meet the delivery time agreed in the Signed Proposal (“Order”). Failing to do so will allow the Buyer to cancel the Order.
• We will send completed files and/or proof of work (Through our Demo Websites) using the Deliver Completed Work button (located on the Order page) to mark the Order as Delivered.
• Users are responsible for scanning all transferred files for viruses and malware. We will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
• Buyers may use the “Request Revisions” feature located on the Order Page while an Order is marked as Delivered if the delivered materials do not match the Seller’s description on their Package page or they do not match the signed proposal sent to us at the beginning of the order process.

Disputes and Cancellations

Basics

We encourage Buyer to settle conflicts directly with us. If for any reason this fails, Origin Internet will turn to either/both the Third-party’s platform Resolution Center or Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds in the Third-party platform please refer to the Payment Terms.

Design Commercial use license

When a Design order is completed, and subject to payment, the Seller grants the Buyer a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to use the Design embedded with the Buyer’s brand name for any purpose, except for any illegal, immoral or defamatory purpose. There is no warranty, express or implied, with the grant of this license, including with respect to fitness for a particular purpose. We will not be liable for any claims, or incidental, consequential or other damages arising out of this license, the Design or the Buyers use of the Design. For the avoidance of doubt, we retain all ownership rights to the Design, and no ownership or copyrights are granted to the Buyer.

User Conduct and Protection

Basics

• Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
• Rude, abusive, improper language, or violent messages will not be tolerated and may result in the cancelation of Seller service and/or a violation of these Terms of service.
• We are open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the cancelation of a Service.

Orders

• Users are to refrain from spamming or soliciting the Seller to pursue cancelling orders that do not align on Order Cancellation policies set by the Third-party Platform.

Packages

• Seller warrant that any content included in their Packeges shall be original work conceived by the Sellers and shall not infringe any third party rights, including, without limitation, copyrights, trademarks or service marks.
• We will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Non-Permitted Usage

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack, a distributed denial-of-service attack or any action resulting in a performance and/or availability dysfunction of the Site and/or any service being provided by the Site.
• Otherwise attempt to interfere with the proper working of the Website.

Although we maintain necessary safeguards to protection your data, we will prosecute any parties who illegally attempt to mine member data from this site.

These services, content, actions, assets, or others, are prohibited in our site:

Adult Services & Pornography – We do not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language – Communication with Us should be friendly, constructive, and professional. We condemns bullying, harassment, and hate speech towards others. 

Phishing and Spam – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. 

Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer.

Authenticity – You may not misrepresent your identity, for anyone other than yourself (a real person), or use or attempt to use another user’s information; Your  information, including your description, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Origin Internet reserves the right to require Buyers to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).

Intellectual Property Claims – Origin Internet will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use – You may not use us for any unlawful purposes or to conduct illegal activities.

Proprietary Restrictions

The Company: name, the terms Origin Internet, Origin Internet Software Services, EAZ SERVICES, the Company logo and all related names, logos, product and service names, and slogans, The Site: including its general layout, design and content, is exclusively owned by Origin Internet and protected by copyright and trademark law. Origin Internet®, is all registered trademark owned exclusively by Origin Internet. You must not use such marks without the prior written permission of the Company. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Confidentiality 

Origin Internet (“Seller”) should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Seller for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Seller agrees to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.

Furthermore, separate non-disclosure agreements may be signed by both parties (“Buyer” and “Seller”) during the Proposal negotiation phase.

General Terms

• Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
• Disputes are encouraged to be solved with us. If this was not possible they should be handled using The Third-party’s dispute resolution tools or by contacting the Third-party’s Customer Support.
• Origin Internet may make changes to its Terms of Service from time to time. When these changes are made, Origin Internet will make a new copy of the terms of service available on this page.
• You understand and agree that if you use Origin Internet after the date on which the Terms of Service have changed, Origin Internet will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Origin Internet by our site users (Buyers and anonymous users) is User Generated Content. Origin Internet does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Origin Internet Site, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

By requesting a service, the Buyer undertakes that he/she has sufficient permissions, rights and/or licenses to provide, and use any material provided in the Order.

Ownership

Ownership and limitations: When purchasing a Service from Seller, unless clearly stated otherwise on the Seller’s Proposal/description, when the work is delivered, subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the service, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer. Some services (including for custom created work) charge additional payments (through Extras) for a Commercial Use License. This means that if you purchase the service for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a service Extra and will have broader rights that cover your business use.

Furthermore, Buyers agree that unless they explicitly indicate otherwise, we may use and/or reference for no consideration, for marketing and/or other purposes, videos, screenshots, photos, or other information, including the display of the delivered work.

Commercial Use License

By purchasing a “Commercial Use License” with your Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to our Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. The Seller will not be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ORIGIN INTERNET NOR ANY PERSON ASSOCIATED WITH ORIGIN INTERNET MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL ORIGIN INTERNET, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Origin Internet Software Services, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.