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Dedicated Servers Terms of Service

The following terms and conditions (these "Terms") govern the provision of the services and/or products (referred to collectively herein as "Services and Products") by 100WebSpace. ("Company"), described on the Server Order Form, the Service Level Agreement and the Service Exhibit attached hereto (collectively referred to as the "Service Descriptions") and defined in any Company product support listing, to the customer ("Customer") identified in the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this "Agreement."

By submitting the online order form, the Customer hereby agrees to the following:

The Customer agrees to pay for hosting services rendered in advance of each monthly service term.
The Customer agrees to be bound by the service terms selected on the online order form or via applicable promotional codes.
The Customer agrees to a no-refund policy in advance. Setup fees and monthly service fees are non-refundable.
Server rental charges will be incurred immediately at signup and are prorated by 3 days to allow for server provisioning and delivery.
Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be settled within 5 days of notice. Customers failing to secure payment within 5 days of notice will incur service interruption and a $50 reconnection fee.
The Company is not responsible for data integrity on equipment reclaimed for non-payment.
The Customer agrees to adhere to the Company’s Acceptable Use Policy.
The Customer agrees to adhere to the Company’s Data Center Rules and Procedures.
The Company reserves the right to discontinue service provision to any subscriber it deems, at its sole discretion, violates any condition of service including the Acceptable Use Policy, the Data Center Rules and Procedures, and the Terms of Services.

Additionally, in consideration for hosting services to be delivered, the Customer agrees to be bound by the following terms:

Indemnification
The Customer agrees to indemnify the Company, its employees and agents (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject, and out of which Losses arise or relate to this Agreement or the Customer’s use of the Services and Products. The Customer will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such an Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such an Indemnified Party is a party.

Limitation on Company Liability
The Company shall not be liable for any failure in the provision of the Services and Products to the Customer resulting, directly or indirectly, from any (i) weather conditions and natural disasters, (ii) action of any governmental or military authority, (iii) failure caused by the telecommunications or the Internet provider, or (iv) other force or occurrence beyond its control. THE COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY THE CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS. THE COMPANY PROVIDES THE SERVICES AND PRODUCTS ON AN “AS IS” BASIS, WITHOUT A WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND THE COMPANY SHALL HAVE NO LIABILITY THEREFORE.

Arbitration
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION.

Notices
Unless otherwise specified herein, any notices or other communication required or permitted hereunder shall be sufficiently given and delivered personally or sent by a facsimile, an internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of the Customer as set forth in the Service Descriptions. Such notices or other communication shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received, if sent by a facsimile, (iii) on the next business day, if sent by an internationally recognized overnight air courier or (iv) in five days’ time, if sent by first class registered mail, return receipt requested. 100WebSpace, 20 F.J.Curie street, suite 1318 Sofia, 1040, Bulgaria

Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.

Miscellaneous
Failure to enforce any of the provisions of this Agreement shall in no way be considered to be a waiver of these provisions, or to affect in any way the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

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