TERMS OF SERVICE

1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Zoner Hosting shall have the right to terminate all service set forth in this Agreement.

2. Refund and Disputes: All payments to Zoner Hosting. are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Zoner Hosting's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Zoner Hosting an "Administrative Fee" of not less than $50 and not more than $150.

3. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

4. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

5. Support Boundaries: Zoner Hosting, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: Zoner Hosting provides support related to your server or virtual site physical functioning. Zoner Hosting does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Zoner Hosting does not provide technical support for YOUR customers. If you can email, we encourage you to email support@zonerhosting.com for assistance. If you are able to get online and have other questions, the answers may be on our home page at http://www.zonerhosting.com/support.html - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting Tech Support.

6. SPAM and Unsolicited Commercial Email (UCE): Zoner Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Zoner Hosting may not use or permit others to use our network to transact in UCE. Customers of Zoner Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

a. Violation of Zoner Hosting's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Zoner Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, Zoner Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Zoner Hosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Zoner Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Zoner Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.

b. First violations of this policy will result in an "Administrative Fee" of $10 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $100 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $75 per hour that Zoner Hosting personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

c. As our Customers are ultimately responsible for the actions of their clients over the Zoner Hosting network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE:
If your site results in our IP Space being blacklisted, we will immediately terminate your account and send to collection an administrative fee of 500 USD.

a. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Zoner Hosting will monitor Customer's bandwidth and disk usage. Zoner Hosting shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Zoner Hosting's sole and absolute discretion. If Zoner Hosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Zoner Hosting may, at its sole discretion, collect a deposit, in an amount determined by Zoner Hosting, against customer's credit card on file with Zoner Hosting.

b. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Zoner Hosting Network. Violations of system or network security may result in civil or criminal liability. Zoner Hosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

v. Taking any action in order to obtain services to which such User is not entitled.

a. Zoner Hosting is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

b. First violation: Any User, which Zoner Hosting determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Zoner Hosting's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

c. Second Violation: Users that Zoner Hosting determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

d. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

9. Suspension of Service or Cancellation: Zoner Hosting reserves the right to suspend network access to any customer if in the judgment of the Zoner Hosting network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Zoner Hosting chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

10. Zoner Hosting reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Zoner Hosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

11. Indemnification: Zoner Hosting wishes to emphasize that in agreeing to the Zoner Hosting Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Zoner Hosting for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Zoner Hosting or the bringing of any claim against Zoner Hosting by any third-party. This means that if Zoner Hosting is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Zoner Hosting, plus all costs and attorney's fees.

12. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

a. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

b. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

c. Zoner Hosting takes no responsibility for any material input by others and not posted to the Zoner Hosting Network by Zoner Hosting. Zoner Hosting is not responsible for the content of any other websites linked to the Zoner Hosting Network; links are provided as Internet navigation tools only. Zoner Hosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

d. Zoner Hosting is not responsible for any damages your business may suffer. Zoner Hosting does not make implied or written warranties for any of our services. Zoner Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Zoner Hosting.

e. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

13. Responsibility for Content: You, as Zoner Hosting's customer, are solely responsible for the content stored on and served by your Zoner Hosting server.

14. Abuse Towards Our Staff or Network Staff: Abuse Towards our staff or our network staff will not be tolerated, If you use foul language, threaten us, or anything we may find offensive, we may suspend your account, or if we decide it needs to be delete it and offer no refund. Per Our AUP and TOS, We offer No Refunds.

15. Cancellation Notice: We require a 14 day cancellation notice if you wish to cancel you services with us. Any Cancellation of a PayPal subscription will result in your account being terminated.

16. Billing Notice: The Subscriber authorizes Zoner Hosting to charge their credit card, that they have on file with Zoner Hosting, up to 7 days before their renew date.

Zoner Hosting's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what Zoner Hosting expects of them while using the service. All users of Zoner Hosting's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of Zoner Hosting Service constitutes acceptance and agreement to Zoner Hosting's AUP as well as Zoner Hosting's TOS (Terms of Service)

IMPORTANT NOTICE: *All Payments To Zoner Hosting Are Non-Refundable*

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Zoner Hosting may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Zoner Hosting account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of Zoner Hosting's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Zoner Hosting's AUP:

Zoner Hosting intends to provide its customers access to everything the Internet has to offer. While Zoner Hosting is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both Zoner Hosting and the Internet and cannot be permitted under the guise of free speech. The resources of Zoner Hosting and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your dedicated rack or virtual site to publish material, which Zoner Hosting determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a Zoner Hosting account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at abuse@zonerhosting.com

VIOLATIONS OF Zoner Hosting ACCEPTABLE USE POLICY
The following constitute violations of this AUP:

1. Illegal use: Zoner Hosting's services may not be used for illegal purposes, or in support of illegal activities. Zoner Hosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

2. Harm to minors: Use of the Zoner Hosting service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

3. Threats: Use of the Zoner Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

4. Harassment: Use of the Zoner Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

5. Fraudulent activity: Use of Zoner Hosting service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

6. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the Zoner Hosting service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Zoner Hosting account.

IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Zoner Hosting service is in violation of this AUP.

10. Usenet SPAMing: Zoner Hosting has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

11. Unauthorized access: Use of the Zoner Hosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Zoner Hosting's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Zoner Hosting account is subject to immediate termination.

12. Copyright or trademark infringement: Use of the Zoner Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

13. Collection of personal data: Use of the Zoner Hosting service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

14. Network disruptions and unfriendly activity: Use of the Zoner Hosting service for any activity which affects the ability of other people or systems to use Zoner Hosting Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Zoner Hosting will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

15. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

16. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

17. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

18. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Zoner Hosting services could result in suspension service.

19. Third Party Accountability: Zoner Hosting subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

20. Violation Of Zoner Hosting Virtual Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

21. IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination.

22. Unlimited Accounts: Unlimited Accounts are indeed unlimited. These accounts are not to be used to host a collection of MP3's, Warez, Backup Your Home Computer. They accounts may also not be used as a download distribution point for your bundled software. It is to be used for standard web practices and only standard web practices. If you have a questionable concern open a ticket with the helpdesk. If you know your site is going to use an un-normal usage, and sign up knowing this, we will require you to get a dedicated server. If you have any questions in regards to this contact our helpdesk. Un-Normal usage is anything that a shared server would not be able to provide. Again Contact us for approval if you feel you will fall into this clause. These accounts are no longer offered and are grand fathered in.

23. Resellers: Resellers are responsible for enforcing the AUP and TOS to all of their clients. If their clients are found to be not following them, Zoner Hosting will suspend the offending site and let the reseller know. Resellers are responsible for anything their clients do. If you have any questions or concerns in regards to what is allowed and not allowed open a ticket with the helpdesk at http://helpdesk.zonerhosting.com

24. Streaming Video and Audio: Streaming Video and Audio is not permitted on our servers. You must zip the content to prevent this if you wish to have it hosted, and as everything else this content must be legal content and can not have someone else's copyright.

25. Egg Drop - Egg Drop Scripts are Not allowed, These are grounds for immediate account deletion without a refund.

27. Legal - If it is not legal in the United States of America, It is not permitted to reside on our server. If site is found to be violating it will be terminated.

28. Adult Material - Adult Content is not allowed anywhere on Zoner Hosting's servers.

29. Shared Hosting Clients - Chinese Forums - Chinese Forums are not allowed on our network. These sites require to much CPU usage. They almost require a dedicated server to run properly. If they are found on any server we will suspend them, and charge an admin fee if they are the cause of a CPU overloaded. Admin charges are usually about 25$ Per Hour.

30. Shared Hosting Clients - ANIME - Anime Sites are welcome on our shared servers as well as dedicated HOWEVER, if it affects the use of others on Shared, it will be immediately suspended and requested you go dedicated.

31. Shared Hosting Clients - Remote MySQL Access - Accessing Your MySQL Databases from another server or linking to them is prohibited. We provide hosting not MySQL server database space. If your databases are accessed via other servers the account will be suspended without notice and or terminated.

32. OS Reloads - Operating System Reloads are considered to be Admin time and come with a charge of $75 Dollars each time they are requested.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

· Your password provides access to your account. It is your responsibility to keep your password secure.

· Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

· Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

· You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

· You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

· You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

· Users who violate systems or network security may incur criminal or civil liability. Zoner Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Performance

Zoner Hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Zoner Hosting systems or networks. Zoner Hosting reserves the right to terminate or limit such activities.

REPORTING VIOLATIONS OF Zoner Hosting AUP

Zoner Hosting requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@zonerhosting.com.

If available, please provide the following information:

· The date and time of the alleged violation, including the time zone or offset from GMT

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Zoner Hosting may take any one or more of the following actions in response to complaints:

· Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

Zoner Hosting reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

The purpose of this Acceptable Use Policy is to enhance the quality of the Services and to protect Zoner Hosting (zonerhosting.com) customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Customer and its employees, agents, contractors or other users of such Customer who obtain Services from zonerhosting.com. Each User should use common sense and good judgment in connection with the Services.

I) Prohibited Uses

A. Utilize the Services to send mass unsolicited e-mail to third parties.

B. Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Users may not:
(i) Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization.

(ii) Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party.

(iii) Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law.

(iv) Utilize the Services in any manner that violates applicable law.

C. Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not:

(i) Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person’s consent or (C) otherwise violates the privacy rights of any person.

(ii) Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.

D. Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:

(i) Utilize the Services to cause denial of service attacks against Zonerhosting.com or other network hosts or Internet users or to otherwise degrade or impair the operation of Zonerhosting.com servers and facilities or the servers and facilities of other network hosts or Internet users.

(ii) Utilize the Services to subvert, or assist others in subverting, the security or integrity of any Zonerhosting.com systems, facilities or equipment.

(iii) Utilize the Services to gain unauthorized access to the computer networks of Zonerhosting.com or any other person.

(iv) Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code.

(v) Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailer or Internet nicknames).
(vi) Utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services.

(vii) Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator).

(viii) Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam.

(ix) Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam.

(x) Zonerhosting.com has no restrictions on contents. Adult materials, MP3s, games, and audio/video streaming are permitted. However, customers are strictly prohibited from using egg-drops, IRC bots, warez materials and shell hosting services on Zonerhosting.com servers and network.

(xi) Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.

II) Violations

Zonerhosting.com expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. Zonerhosting.com has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site. Zonerhosting.com reserve the right to levy a penalty fee of $10.00 per violation of the Acceptable Use Policy and Service Agreement.

A. Reporting Non-Copyright Violations. Zonerhosting.com encourages Users to report violations of this policy by e-mail to: abuse@Zonerhosting.com, including in any such report the name of the offending domain and the type of abuse (i.e. spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.

B. Reporting Copyright Violations. Zonerhosting.com complies with the Digital Millennium Copyright Act ("DMCA"). Zonerhosting.com encourages Users to report an alleged copyright infringement involving a user by sending a notice to: support@Zonerhosting.com
C. If Zonerhosting.com learns of a violation of this Policy, we will respond to the customer and may, in our sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:

(i) Warning the Customer.

(ii) Suspending the offending Customer from the Services.

(iii) Terminating the offending Customer from the Services.

(iv) Imposing fees or charges on the offending Customer account in accordance with the applicable service contract.

(v) Removing the offending content.

(vi) Taking other action in accordance with this Policy, the applicable service contract or applicable law.

III) Reservation of Rights

Zonerhosting.com reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Zonerhosting.com Services, Customers and other Users. Zonerhosting.com reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations.

SERVICE AGREEMENT

TERMS AND CONDITIONS

1. Fees And Billing.

1.1 Service Charges. Customer agrees to pay the monthly charges for Services and any set up and other charges indicated on the Service Order(s) or otherwise due hereunder (collectively, “Service Charges”). Service Charges do not include any applicable taxes, which may be billed to Customer in addition to the Service Charges. If a Service Order provides for deferred payment of set-up costs over time, Customer acknowledges that it is responsible for paying in full the remaining balance of such set-up costs in the event of any early termination of the Service Order or this Agreement for any reason whatsoever.

1.2 “Burst” Bandwidth. Billing for connectivity beyond the committed level ("burst" bandwidth) will follow the

"95th percentile" rule: Usage samples will be collected and sorted from highest to lowest and the top 5% discarded. The next highest sample (the 95th percentile number) will then be used as the basis in computing the charge for the month for bandwidth beyond the committed level. See “Addendum: Zoner Hosting Bandwidth Terms” for further details.

1.3 Billing and Payment Terms . Beginning on the date of commencement of the Services, as set forth in the Service Order or otherwise documented, Customer will be billed monthly in advance for the contracted Services; except for specified one-time additional Services ordered by Customer and for “burst” bandwidth, which will be billed after the end of the month. All Service Charges and other fees will be due in U.S. dollars within fifteen (15) days of the date of invoice, or on such other terms as Zoner Hosting may require if Customer has not met the criteria for an unsecured net-15-day line of credit. Late payments will accrue interest at a rate of one and one-half percent (1 ½%) per month or the highest rate allowed by applicable law, whichever is lower. If Customer fails to make payments when due and does not cure such failure pursuant to the terms hereof, Zoner Hosting may require payment in advance of further Services.

2. Services. The Services will be provided to Customer on the terms set forth on the Service Order(s), subject to the provisions of this Agreement. Requests for additional Services may be made to Zoner Hosting’s sales staff or by e-mail to sales@zonerhosting.com and will be effective when accepted by Zoner Hosting. Such additional Services shall result in an increase in the Service Charges as set forth in the Service Order. For additional services outside the scope of this Agreement (including any Service Order), Zoner Hosting must receive 72 hours advance notice before commencing such services, or may bill Customer a $500 rush services charge.

3. Equipment.

3.1 Equipment Sales. If any Service Order includes the sale of equipment to Customer (including hardware, software, or other equipment), Customer agrees to pay the prices specified in the Service Order plus all applicable taxes, import and custom duties, and similar charges, upon the terms set forth herein. All risk of loss or damage to such equipment passes to Customer upon installation to Customer’s data center space or such other point designated in the Service Order. Title passes to Customer when all outstanding balances due for such equipment are paid in full. In the event Customer defaults on its payment obligations hereunder, Zoner Hosting may enter the premises wherein the equipment may be found and take possession and remove such equipment.

3.2 Supplied Equipment. Customer shall have no right or interest in any equipment supplied by Zoner Hosting other than the right to use such equipment during the specified term while payments are current. Customer shall be liable to Zoner Hosting for any damage to such equipment caused by Customer or Customer’s representatives, agents or employees.

4. Warranty. Zoner Hosting warrants that it will provide the Services at a professional level of quality conforming to generally accepted industry standards and in compliance with all applicable laws and regulations. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, CUSTOMER’S USE OF THE SERVICES ARE AT CUSTOMER’S OWN RISK, AND ZONER HOSTING DOES NOT MAKE, AND HEREBY DISCLAIMS , ANY AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, THERE IS NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

5. Disclaimer of Third Party Actions and Control. Zoner Hosting does not and cannot control the flow of data to or from the Zoner Hosting network and other portions of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions caused by these third parties can produce situations in which Customer connections to the Internet (or portions thereof) may be impaired or disrupted. It cannot be guaranteed that such situations will not occur and, accordingly, Zoner Hosting disclaims any and all liability resulting from or related to such events. In the event that Customer's use of the Service or interaction with the Internet or such third parties is causing harm to or threatens to cause harm to the Zoner Hosting Network or its operations, Zoner Hosting shall have the right to suspend the Service. Zoner Hosting shall restore Service at such time as it reasonably deems that there is no further harm or threat of harm to the Zoner Hosting Network or its operations.

6. Limitations of Liability.

6.1.Exclusions. In no event will Zoner Hosting be liable for any incidental, punitive, indirect or consequential damages (including without limitation any lost revenue or lost profits) or for any loss of technology, loss of data, or interruption or loss of use of Service (except as set forth in any applicable Service Level Agreement) or any other similar claims by Customer or related to Customer’s business, even if Zoner Hosting is advised of the possibility of such damages.

6.2 Maximum Liability. Notwithstanding anything to the contrary in this Agreement, Zoner Hosting’s maximum aggregate liability to Customer related to or in connection with this Agreement whether under theory of contract, tort (including negligence), strict liability or otherwise will be limited to the total amount due to Zoner Hosting from Customer hereunder for the first twelve (12) month period of the Agreement.

7. Indemnification.

7.1 Covered Claims. Each party (the “Indemnifying Party” for purposes of this Section) will indemnify, defend and hold harmless the other party (the “Indemnified Party”), its directors, officers, employees, and affiliates (collectively, the “Indemnified Entities”) from and against any and all claims, actions or demands brought against any of the Indemnified Entities alleging: (a) infringement or misappropriation of any intellectual property rights by the Indemnifying Party except to the extent caused by the Indemnified Party; (b) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity, or spamming or any other tortious or illegal conduct; (c) any property loss suffered by any other customer of Zoner Hosting resulting from acts or omissions by the Indemnifying Party or its representative(s) or designees; or (d) any personal injury suffered by any representative, employee or agent of the Indemnified Party arising out of such individual’s activities related to the Services except to the extent caused by the Indemnified Party’s negligence or willful misconduct (collectively, the “Covered Claims”).

7.2 Notice Procedure. The Indemnified Party will provide the Indemnifying Party with prompt written notice of each Covered Claim of which the Indemnified Party becomes aware. At the Indemnified Party’s sole option, it may elect to participate in the defense and settlement of any Covered Claim, provided that such participation shall not relieve the Indemnifying Party of any of its obligations under this Section. The Indemnifying Party shall have the right to control the defense of any Covered Claim.

8. Term. This Agreement will commence on the Effective Date and will expire upon the expiration of all Service Order(s) hereunder, unless sooner terminated as provided herein. Each Service Order will have the term specified therein, and will automatically renew for additional one-year terms unless Customer notifies Zoner Hosting in writing prior to the expiration of the then-current term that it has elected to terminate the Services under such Service Order at the end of such term.

9. Termination.

9.1 Nonpayment. In addition to its rights under Section 9.3 below, Zoner Hosting may suspend service to Customer if Customer is in default of its payment obligations hereunder. Reinstatement of Services may involve costs, for which a reconnection fee may be required.

9.2 Bankruptcy. Either party may terminate this Agreement upon written notice to the other party if such other party becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, or liquidation for the benefit of creditors, if such petition or proceeding is not dismissed within 60 days of filing.

9.3 Breach. Except as otherwise stated, either party may terminate this Agreement if the other party breaches any material term or condition of this Agreement and fails to cure such breach within ten (10) days after receipt of written notice of the same.

9.4 Effect of Termination. Upon expiration or termination of this Agreement: (a) Zoner Hosting will cease providing the Services; (b) except in the case of termination by Customer pursuant to Section 9.3, all of Customer’s payment obligations under this Agreement, including but not limited to the Service Charges through the end of the Term indicated on the Service Order(s) will become due in full immediately; and (c) Zoner Hosting reserves the right to restrict Customer’s physical access to its equipment in any facility of Zoner Hosting’s and to hold such equipment securely until payment in full has been received or until such equipment is taken in full or partial satisfaction of any lien or judgment.

10. Survival. The Parties’ respective representations, warranties, and covenants, together with obligations of

indemnification, confidentiality and limitations on liability will survive the expiration, termination or rescission of this Agreement and continue in full force and effect.

11. Miscellaneous Provisions.

11.1 Force Majeure. Other than with respect to failure to make payments due, neither party shall be liable under this Agreement for delays, failures to perform, damages, losses or destruction, or malfunction of any equipment, or any consequence thereof, caused or occasioned by, or due to fire, earthquake, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment or supplies, unavailability of transportation, acts or omissions of third parties, or any other cause beyond its reasonable control.

11.2 Confidentiality. Each party agrees that all information furnished to it by the other party, or information of the other party to which it has access under this Agreement, shall be deemed the confidential and proprietary information (collectively referred to as “Confidential Information”) of the Disclosing Party and shall remain the sole and exclusive property of the Disclosing Party (the party furnishing the Confidential Information referred to as the “Disclosing Party” and the other Party referred to as the “Receiving Party”). Each party shall treat the Confidential Information and the contents of this Agreement in a confidential manner, shall use such information only to the extent necessary to perform its obligations hereunder, and, neither party may directly or indirectly disclose the same to anyone other than its employees on a need to know basis and who agree to be bound by the terms of this Section, without the written consent of the Disclosing Party. Information will not be deemed Confidential Information hereunder if such information: (i) is known to the Receiving Party prior to receipt from the Disclosing Party directly or indirectly from a source other than one having an obligation of confidentiality to the Disclosing Party; (ii) becomes known (independently of disclosure by the Disclosing Party) to the Receiving Party directly or indirectly from a source other than one having an obligation of confidentiality to the Disclosing Party; (iii) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the Receiving Party; (iv) is independently developed by the Receiving Party; or (v) is required to be released by law or regulation, provided that the Receiving Party provide prompt written notice to the Disclosing Party of such impending release, and the Receiving Party cooperate fully with the Disclosing Party to minimize such release.

11.3 Marketing. Unless Customer at any time requests otherwise, Zoner Hosting may refer to Customer by name and with logo in Zoner Hosting’s marketing materials and website and, subject to Customer’s review and approval, may promote Customer’s business and use of the Services through a press release, advertising, and other marketing literature.

11.4 Government Regulations. Customer will not export, re-export, transfer, or make available, whether directly or

indirectly, any regulated item or information to anyone in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by any government within whose jurisdiction Customer operates or does business.

11.5 Assignment. Neither party may assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of the other party, except to an affiliate or a party that acquires substantially all of the assigning party’s assets or a majority of its stock as part of a corporate merger or acquisition. Any attempted assignment or delegation without such consent will be void. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns.

11.6 No Resale. Customer may not resell the Services. For purposes of this Section, the provisioning of web-hosting on Customer’s equipment and/or ISP service is not considered reselling the Services. Customer hereby indemnifies

Zoner Hosting against any harm or any claims arising out of acts or omissions of any customers of Customer or other third parties using Customer’s equipment or service that is the subject of this Agreement.

11.7 Notices. Any required notice hereunder may be delivered personally or by courier, or mailed by registered or certified mail, return receipt requested, postage prepaid, to either party at the name and address on the signature page of this Agreement, or at such other address as such party may provide to the other by written notice. Such notice will be deemed to have been given as of the date it is delivered personally or by courier, or five (5) days after it is sent by mail. In addition, Zoner Hosting shall have the right to send Customer notices, other than notices for default or termination, to Customer’s email address as contained on Zoner Hosting’s customer contact list. Such email notification is deemed delivered on the day sent unless returned to sender.

11.8 Relationship of Parties. This Agreement will not establish any relationship of partnership, joint venture,

employment, franchise or agency between the parties.

11.9 Changes Prior to Execution. Each party represents and warrants that any changes to this Agreement made by it were properly marked as changes and that it made no changes to the Agreement that were not properly identified as changes.

11.10 Choice of Law. This Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflict of laws principles.

12. General. This Agreement, together with the Service Order(s) and Service Level Agreement(s) and Exhibit(s) (including the policies referred to therein) is the complete agreement and understanding of the parties with respect to the subject matter hereof, and supersedes any other agreement or understanding, written or oral. This Agreement may be modified only through a written instrument signed by both parties. Should any provision of this Agreement be declared void or unenforceable, such provision will be deemed amended to achieve as nearly as possible the same economic effect as the original terms and the remainder of this Agreement will remain in full force and effect. If a conflict arises between a party’s pre-printed business form and this Agreement or between a Service Order and this Agreement, this Agreement will take precedence. By initialing each page, Customer agrees that it has reviewed and approved all material contained within the corresponding page.

Addendum: Zoner Hosting Co-Location Terms

1. Use of Space. Customer may use the Zoner Hosting Co-location Space only for the purposes of maintaining and operating computer equipment as necessary to support links to the Zoner Hosting Network and from there to third parties.

2. Customer Equipment. Except as otherwise provided herein, Customer is responsible for all aspects of installation and removal of its equipment, including bringing appropriate related equipment, tools and packaging materials. Customer will install its equipment in the Zoner Hosting Co-location Space after obtaining the appropriate authorization from Zoner Hosting to access the premises. Customer will remove all packaging for its equipment promptly after installation. Should Customer use an agent or other third party to deliver, install or remove its equipment, Customer will be solely responsible for the acts of such party. At Customer’s option, Zoner Hosting will remove and package Customer’s equipment and place it in a designated area for pick-up, on the condition that Customer either provide or pay for all needed packaging plus pay Zoner Hosting’s packaging fees and charges. Within five (5) days after authorization from Zoner Hosting, Customer will remove its equipment from the designated area or arrange on a pre-paid basis for a carrier to pick-up and ship such equipment to Customer. Within ten (10) days after any termination of the Services, Customer will remove all of its equipment and any other property from Zoner Hosting’s premises and return the Zoner Hosting Co-location Space in the same condition as it was prior to Customer installation. If Customer does not remove such property within the ten (10) day period, Zoner Hosting, at its option and at Customer expense, may remove and store any and all such property, return such equipment to the Customer, or dispose of such equipment without liability for any related damages. Notwithstanding the foregoing, Zoner Hosting reserves the right to deny Customer the right to remove Customer equipment from the Co-location facility in the event Customer is not current in the payment of its obligations hereunder. Except as specifically provided herein, Customer expressly assumes all risk of loss to its equipment in the Zoner Hosting Co-location Space. Customer shall be liable to Zoner Hosting for any damage to the Zoner Hosting Co-location Space or equipment of Zoner Hosting or its other customers caused by Customer, Customer’s equipment or Customer’s representatives, agents or employees.

3. Security and Access Procedures. Customer may access the Zoner Hosting Co-location Space only in accordance with the Zoner Hosting Co-location Security and Access Procedures set forth at the Zoner Hosting website, as updated from time to time, subject to notice to Customer of any material changes. Zoner Hosting reserves the right to suspend for good cause the right of any of Customer employees, agents or representatives to visit and/or access the Zoner Hosting Co-location Space and related premises, based on such employees’, agents’ or representatives’ conduct. It is Customer’s responsibility to ensure that Customer’s access list is current and accurate. Customer shall be responsible for any unauthorized access to its equipment through the Internet and any resulting use of Service.

4. Cross Connects. Customer connections to anything inside the Co-location other than the Zoner Hosting Network is subject to approval by Zoner Hosting. Customer connections may not be used to (i) provide services inside the Co-location facility that are competitive to the Internet services provided by Zoner Hosting inside, or by connections to, the Co-location facility, or (ii) assist others to provide such services. Use of any such connections is subject to audit by Zoner Hosting, who reserves the right to suspend any connection found to be in violation of the foregoing. Customer is responsible for ordering, maintaining, terminating and paying for any approved cross-connects or other circuits provided to Customer.

5. No Lease. This Agreement is a services agreement and is not intended to and will not constitute a lease of or tenancy or other interest in the Co-location Space or other Zoner Hosting premises, any equipment or any other real or personal property.

6. Insurance. Customer will keep in full force and effect during the term of this Agreement: (i) commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury and property damage; (ii) employer's liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence; and (iii) workers' compensation insurance in an amount not less than that required by applicable law. Customer also agrees that it will be solely responsible for ensuring that its agents (including contractors and subcontractors) maintain other insurance at levels no less than those required by applicable law and customary in Customer’s and its agents’ industries. Prior to installation of any equipment in the Co-location Space or otherwise as Zoner Hosting may request, Customer will furnish Zoner Hosting with certificates of insurance which evidence the minimum levels of insurance set forth above, and will cause its insurance to name Zoner Hosting as an additional insured and notify Zoner Hosting in writing of the effective date of such coverage.

Addendum: Zoner Hosting Bandwidth Terms

1. Acceptable Use; SPAM. Customer will at all times comply with and conform its use of the Service to the Zoner Hosting Acceptable Use Guidelines and Zoner Hosting Anti-SPAM Policy set forth at the Zoner Hosting website, as updated from time to time, subject to notice to Customer of any material changes. In the event Customer violates the Zoner Hosting Acceptable Use Guidelines where Zoner Hosting determines in its reasonable discretion that there is potential harm to its Network or business, Zoner Hosting shall have the right to immediately suspend Service. In other cases of violation of the Zoner Hosting Acceptable Use Guidelines and Zoner Hosting Anti-SPAM Policy, Zoner Hosting will provide notice and opportunity to cure, to the extent Zoner Hosting deems reasonably appropriate, depending on the nature of the violation, the availability of the Customer and whether or not there has been a repeat violation. Zoner Hosting, in its reasonable discretion, shall re-enable the Service upon satisfaction that all violations have ceased and with adequate assurance that such violations will not occur in the future.

2. Illegal Use. Customer will cooperate in any investigation of Customer’s alleged illegal use of Zoner Hosting’s facilities or other networks accessed through the Zoner Hosting Network. If Customer fails to cooperate with any such investigation, Zoner Hosting may suspend Customer’s Service. Additionally, Zoner Hosting may modify or suspend Customer’s Service in the event of illegal use of the Zoner Hosting Network or as necessary to comply with any law or regulation, including the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512, as reasonably determined by Zoner Hosting.

3. Other Networks. Customer is responsible for paying any fees, obtaining any required approvals and complying with any laws or usage policies applicable to transmitting data beyond the Zoner Hosting Network and/or through other public and private networks. Zoner Hosting is not responsible or liable for performance or non-performance of such networks or their inter-connection points.

4. Bandwidth Billing. Zoner Hosting’s customers are billed based on the 95th percentile adjustment of their bandwidth usage. The minimum monthly rate is dependent on the amount of space required to co-locate your servers and is available by the shelf, rack or cage. The purchase of space includes a minimum level of bandwidth usage, ie. ¼ rack includes 256kbps of 95th percentile bandwidth. Any bandwidth used above that is billed on a per kbs rate. On average, this method of calculating bandwidth results in you paying for only 70% of your peak bandwidth usage. 95th percentile pricing is based on a plotted graph of 5 minute averages taken over a monthly period. The busiest 5% of the five minute samples (equivalent to the busiest 37 hours of usage every month) are discarded. The next highest sample is used to calculate the customer’s bandwidth charges. A detailed explanation of this 95th percentile billing can be described as follows.

ASSIGNMENT AND SEVERABILITY This Agreement shall be binding upon and inure to the benefit of Customer, ZONER HOSTING and our respective successors, and assigns. Customer may not assign this Agreement without the prior written consent of ZONER HOSTING, which consent will not be unreasonably withheld or delayed. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.

NOTICES All notices to Customer hereunder shall be given at the Billing Address provided on the signature page hereto. All notices to ZONER HOSTING hereunder shall be given to: Legal Department ZONER HOSTING, 5800 South Street #143 Lakewood, CA 90713 Fax: 562-920-8842 Any notice hereunder shall be in writing and shall be given by registered, certified or Express mail, or reliable overnight courier addressed to the addresses in this Agreement, or by facsimile. Notice shall be deemed to be given upon the earlier of actual receipt or three (3) days after it has been sent, properly addressed and with postage prepaid.

ENTIRE AGREEMENT This Agreement, and any other document or agreements specifically identified in this Agreement, supercedes all previous representations, understandings or agreements. This Agreement, and any other document or agreements specifically identified in this Agreement constitutes in whole the entire agreement between ZONER HOSTING and Customer. Any services or products, expressed or implied, that are not specifically included and outlined in this Agreement or the accompanying Service Order Form do not fall under the breadth of this Agreement and are in no way the responsibility of ZONER HOSTING. Any additions, subtractions, or modifications to this Agreement, in part or in full, must be agreed upon by both ZONER HOSTING and Customer with accompanying signatures to this effect on the appropriate document referenced by the Agreement.

SURVIVAL The rights and obligations of the parties in this Agreement that would by their nature or context be intended to survive the expiration or termination of this Agreement shall so survive.

ACCEPTANCE OF SERVICES ACCEPTANCE OF THIS AGREEMENT BY ZONER HOSTING MAY BE SUBJECT, IN ZONER HOSTING’S ABSOLUTE DISCRETION, TO SATISFACTORY COMPLETION OF A CREDIT CHECK AND CONTINUED CREDIT WORTHINESS OF CUSTOMER. ACTIVATION OF SERVICE SHALL INDICATE ZONER HOSTING’S ACCEPTANCE OF THIS AGREEMENT. USE OF THE ZONER HOSTING NETWORK CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. CUSTOMER REPRESENTS AND WARRANTS THAT CUSTOMER HAS FULL AUTHORITY AND RIGHT TO ENTER INTO THIS AGREEMENT. CUSTOMER FURTHER REPRESENTS AND WARRANTS THAT CUSTOMER IS AT LEAST 18 YEARS OF AGE.