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VPS IT

VIRTUAL PRIVATE SERVER SERVICE AND WEBSITE AGREEMENT

This Virtual Private Server Service Agreement ("Agreement") is by and between VPS it, a division of Tiggee LLC ("VPSit"), a Virginia Limited Liability Corporation, and you, your heirs, assigns, agents, and assigned contractors ("You") and is effective as of the date of electronic execution. The start date of electronic execution is the date that you start using any services of VPSit (either paid or free). This Agreement sets forth the terms and conditions of Your use of VPSit's Web Site and Virtual Private Server services (collectively, the "Services") and represents the entire agreement between You and VPSit. By using the Services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, including the Universal Terms of Service which VPSit may establish and change from time to time. Such Agreements may be found here.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with VPSit, whether or not the transactions were in Your behalf.

1. DESCRIPTION OF SERVICE

VPSit currently provides the Services to its customers for a fee. The length of the Services agreement is based upon the plan and fee that You decide. VPSit will host Your web site on VPSit's the servers, provided, however, You abide by the terms and conditions set forth herein and in each of VPSit's policies and procedures.

License of Your website content

VPSit grants to You, and You accept from VPSit , a non-exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the Internet Your website content in connection with VPSit's performance or enforcement of this Agreement. You represent and warrant that you are the sole owner of any electronic material that you host with the Services, free and clear of any liens or encumbrances and further represents and warrants that no portion of the contains, at the time of delivery, any "back door," "time bomb," "Trojan Horse," "worm," "drop dead devise," "virus," or other computer software routines designed to (i) permit access or use of the computers of a third party not authorized by this Agreement, (ii) disable, damage, erase ant software or data, or (iii) perform any other such actions.

You agree, at your own expense, to defend, indemnify, and hold harmless VPSit from all claims, liabilities, losses, or damages based upon an alleged infringement of, or violation of, any trade secret, patent, trademark, copyright, or other intellectual property right and relating to or arising out of this Agreement or you using VPSit's Services and to pay all claims, liabilities, interest, attorneys’ fees, and costs levied against VPSit as a result of such claims

This Agreement shall be governed by and construed under the laws of the Commonwealth of Virginia without regard to conflict of laws provisions

Availability of Services

Subject to the terms and conditions of this Agreement, VPSit shall attempt to provide the Services for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that VPSit may undertake from time to time; or (iii) causes beyond the control of VPSit or that are not reasonably foreseeable by VPSit , including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that VPSit has no control of availability of the Services on a continuous or uninterrupted basis.

Service Availability Guarantee.

VPSit offers a service uptime guarantee for the Services of 99.9% ("Service Uptime") of available time. If VPSit fails to maintain this level of service availability, You may contact VPSit and request a credit. For each cumulative one quarter hour (30 minutes) of Network / System Unavailability or fraction thereof in any calendar month, Customer's account shall be credited for the pro-rated charges for one day of the VPSit monthly fee, up to but not exceeding the monthly hosting fee. This does not include additional charges such as bandwidth overages. The credit may be used only for the purchase of further products and services from VPSit , and is exclusive of any applicable taxes. The credit does not apply to service interruptions caused by (i) periodic scheduled maintenance or repairs that VPSit may undertake from time to time; (ii) errors caused by You from custom scripting or coding; (iii) outages that do not affect the appearance of the web site but merely affect access to the web site such as FTP and email; (iv) causes beyond the control of VPSit or that are not reasonably foreseeable by VPSit ; and (v) outages related to the reliability of certain programming environments. Total Service Uptime shall be solely determined by VPSit and shall be calculated on a monthly basis.

Web Site Content

You shall be solely responsible for providing, updating, uploading and maintaining Your website and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Services. Notwithstanding anything in this Agreement to the contrary, in the event You are using ad-supported hosting, in no event shall Your web site consist of the following: search results, registration, "thank you", error, email or chat pages, pages comprised primarily of other advertising or pages that contain any of the following types of content: pornographic, obscene or excessively profane content or content intended to advocate or advance computer hacking or cracking, gambling, illegal activity, drug paraphernalia, hate, violence or racial or ethnic intolerance.

Information Shared with Partners or Legal Entities

As a condition of purchasing and using the Services, You acknowledge and agree that VPSit may provide some of Your personal information to their partners, as VPSit may be required to provide the plans and types to VPSit's partners. VPSit will never sell Your information or give Your personal information for marketing reasons.

As a condition of purchasing and using the Services, You acknowledge and agree that VPSit may provide some of Your personal information to law enforcement and other legal entities if asked. Usually a subpoena will be required to gather most information.

2. YOUR OBLIGATIONS

You acknowledge and agree that VPSit shall have the right to seek justification in connection with Your use of the Services, specifically Your purchase of IP addresses, and that You shall be obligated to provide any and all information reasonably sought by VPSit pursuant to such justification. You acknowledge and agree that You are required to begin using at least eighty percent (80%) of Your purchased IP addresses within thirty (30) days of assignment of such IP addresses to You. In the event You do not begin using at least eighty percent (80%) of Your assigned IP addresses, You acknowledge and agree that VPSit shall have the right to reclaim any unused IP addresses after the expiration of such thirty (30) day period. In connection with such purchase, You acknowledge and agree that Your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the Whois.

Upon the expiration of Your initial hosting service term, Your hosting service shall automatically renew for the same period of time and Your payment method shall be charged for the renewal term on the renewal date. You acknowledge and agree that in the event You do not desire to automatically renew Your hosting services for the same period of time, it is Your responsibility and obligation to access Your account manager and manually turn off the default renewal and Your failure to access Your account manager and manually select to renew on a month to month basis shall be deemed acceptance of the renewal term.

You represent and warrant to VPSit that: Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your website content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your web site. You also warrant that the web site or any data being hosted by VPSit will not be used in connection with any illegal activity.

If You are hosting Your web site on VPSit's servers, You are responsible for ensuring that there is no excessive overloading on VPSit's DNS or servers. In the event that You exceed Your allotted bandwidth and thereby overload VPSit's DNS or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use VPSit's servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and VPSit reserves the right to remove sites that contain information about hacking or links to such information. Use of your web site as an anonymous gateway is prohibited. Use of the Services for anything deeling with IRC is stricly forbidden. VPSit prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by VPSit. You agree that VPSit reserves the right to remove Your web site or data temporarily or permanently from its virtual dedicated servers if VPSit is the recipient of activities that threaten the stability of its network. Further, if You are using ad-supported hosting, You acknowledge and agree that VPSit has the right to terminate Your Services in its sole discretion and for any reason, including, but not limited to, Your failure or unwillingness to comply with the terms and limitations of this Agreement, specifically, the content and material restrictions set forth in this Agreement.

You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: (i) disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email, or unreasonably large volumes of email on a daily basis, provided, VPSit, in its sole discretion, may permit You, if You have a legitimate purpose and after request, to send more email than VPSit's standard STMP relay limit; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; (vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; (viii) engage in any other activity deemed by VPSit to be in conflict with the spirit or intent of this Agreement or any VPSit policy; or (ix) use Your server as an "open relay" or similar purposes.

VPSit prohibits the running of a public recursive DNS service on any VPSit server. All recursive DNS servers must be secured to allow only internet network access or a limited set of IP addresses. VPSit actively scans for the presence of public DNS services and reserves the right to remove any servers from the network that violate this restriction. Public recursive / resolving name servers can be abused and the cause of too many attacks. This is why we do not allow them to be used on any VPSit Virtual Private Server.

Storage and Security

At all times, You shall bear full risk of loss and damage to your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree that you are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your web site content; (ii) maintain independent archival and backup copies of Your web site content; (iii) ensure the security, confidentiality and integrity of all your web site content transmitted through or stored on VPSit servers; and (iv) ensure the confidentiality of Your password. VPSit's servers and virtual dedicated services are not an archive and VPSit shall have no liability to You or any other person for loss, damage or destruction of any of Your content. You shall at all times use the Services as a conventional and/or traditional web site. You shall not use the Service in any way, in VPSit's sole discretion, that shall impair the functioning or operation of VPSit's Services or equipment. Specifically by way of example and not as a limitation, You shall not use the Services as a repository or instrument for placing or storing archived files and/or material that can be downloaded through other web sites.

In the event You terminate, moving your web site off of the VPSit virtual dedicated servers is Your responsibility. VPSit will not transfer or FTP Your web site to another provider. In the event Your use of the Services is terminated, VPSit will not transfer or manage Your Services or Your website content or any of Your electronic data.

Revised: 7/14/2007