Liquid Web Incorporated Smart Servers Terms of Service

Liquid Web, Inc. provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.

Content

All services provided by Liquid Web, Inc. are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Liquid Web, Inc., from any claims resulting from the subscriber's use of Liquid Web's services which damages the subscriber or any other party.

Examples of prohibited content or links include (but are not limited to):

• IRC Software
• Pirated software
• Hacking sites, programs or archives
• Warez Sites
• Distribution of music files or any other material in which the account holder does not own the copyright.

Liquid Web, Inc. will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

• IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.
• Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
• Port Scanning - We do not allow any kind of port scanning to be done on or from our servers or network.

Commercial Advertising - Email

• Spamming, i.e. the sending of unsolicited email, from any Liquid Web server or any server located on the Liquid Web network is STRICTLY prohibited. Liquid Web will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in Opt-out mail programs and mail that either directly or indirectly references a domain contained within an account at Liquid Web.
• Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Liquid Web customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing or selling lists of email addresses from third parties for mailing to or from any Liquid Web Inc.-hosted domain, or referencing any Liquid Web account, is prohibited.
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
• Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
  Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
• All commercial email marketing companies must adhere to the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. In addition, such companies are prohibited from sending bulk mail from "disposable domain names" with whois privacy protection.

Server Abuse

Any attempts to undermine or cause harm to a Liquid Web server or subscriber of Liquid Web is strictly prohibited including, but not limited to:

• Logging into a server or account that you are not authorized to access.
• Accessing data or taking any action to obtain services not intended for you or your use.
• Attempting to probe, scan or test the vulnerability of any system, subsystem or network.
• Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization.
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System.
• Interfering with, intercepting or expropriating any system, data or information.
• Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system.

You will be held responsible for all actions performed by your account whether it be done by you or by others.

All sub-networks of Liquid Web, Inc. and all servers must adhere to the above policies.

Bandwidth Measurement and Overage Fees

Liquid Web Smart Servers include a base package of bandwidth; users can purchase larger bandwidth allocations for an additional fee. Incoming and outgoing bandwidth allowances are calculated on a 50/50 split of incoming to outgoing bandwidth based on the total bandwidth. Therefore, the incoming and outgoing bandwidth allowances are each half of the total listed bandwidth. Any bandwidth usage exceeding either the incoming or outgoing bandwidth total will be billed at the rate of $0.25 per GB over.

Server Support

Basic support and maintenance of dedicated servers and Smart Servers is provided at the discretion of Liquid Web, Inc. In the case of erroneous servers or support issues extending beyond what we determine to be within the realm of reasonable assistance, support is priced as follows:

• $50/hour

Scheduled Maintenance and Downtime

Liquid Web will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond Liquid Web's control or which are not reasonably foreseeable by Liquid Web, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Liquid Web will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Liquid Web has no responsibility for downtime resulting from a user's actions.

Fees

Smart Servers will charge you any fees stated in your order. When launching a Smart Server, your credit card will be charged for a minimum commitment which will be either the pro-rated monthly charge for the base price of the Smart Server you have selected or the full monthly charge at the time service is provided to you. This minimum commitment will be stored as a credit in your account, and your actual daily usage of the Smart Server and all related services will be deducted from this credit. Smart Servers are charged in daily billing increments based on actual usage. If a Smart Server is destroyed, you will only be charged for your actual daily usage and the remainder of your minimum commitment will remain as a credit in your account.

Unless you have made other arrangements, Liquid Web will charge your credit card without invoice as follows: (i) for recurring fees, in advance, on or around the first day of each billing cycle, and (ii) for non-recurring fees (such as fees for initial set-up, overages, compute cycle fees, and domain name registration) on or around the date incurred, or on or around the first day of the billing cycle that follows the date incurred, at Liquid Web’s option; provided that Liquid Web may wait to charge your credit card until the total aggregate fees due are at least $50. Unless otherwise agreed in the order, your billing cycle will be pre-paid monthly, beginning on the date that Liquid Web first makes the services available to you.

In some cases, Liquid Web will present an "Estimated Monthly Charge" or “projected billing estimates”. Any billing estimates are provided as a courtesy to you to help budget your monthly expenses. However, the estimated charges are a rough estimation of your charges based on your current usage and will not be your guaranteed monthly charge. Many items can change your monthly charge, including, but not limited to, backups, firewalls, bandwidth usage, support, domain names, private networking and any other optional Liquid Web services which you choose to enable.

Liquid Web may suspend all services (including services provided pursuant to any unrelated Order or other agreement we may have with you) if our charges to your credit card are rejected for any reason. Liquid Web may charge interest on overdue amounts at 1.5% per month (or the maximum legal rate if it is less than 1.5%). If any amount is overdue by more than thirty (30) days, and Liquid Web brings a legal action to collect, or engages a collection agency, you must also pay Liquid Web’s reasonable costs of collection, including attorney fees and court costs. All fees are stated and will be charged in US Dollars. Any "credit" that we may owe you, such as a credit for failure to meet a service level guaranty, will be applied to fees due from you for services, and will not be paid to you as a refund. Charges that are not disputed within sixty (60) days of the date charged are conclusively deemed accurate. You must provide Liquid Web with accurate factual information to help Liquid Web determine if any tax is due with respect to the provision of the services, and if Liquid Web is required by law to collect taxes on the provision of the services, you must pay Liquid Web the amount of the tax that is due or provide satisfactory evidence of your exemption from the tax. You authorize Liquid Web to obtain a credit report at any time during the term of the Agreement. Any credit that we may owe you, such as a credit for a SLA remedy, will be applied to unpaid fees for services or refunded to you, at our option.

Cancellation & Refunds

Liquid Web Smart Server accounts stay active with or without active Smart Servers and your account may continue to be charged for the storage of Smart Server Images or any related services until the Liquid Web Smart Servers account is terminated. To terminate your Liquid Web Smart Server account, submit a cancellation request in writing to support@liquidweb.com. After our support team verifies you are authorized to cancel the account, your entire Liquid Web Smart Server account will be cancelled and any remaining credit balance on your account will be immediately refunded to your credit card.

Any violation of Liquid Web, Inc.'s Terms of Service Agreement shall result in no refund.

Account Setup, Termination, and Billing

The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month's billing cycle.

Check Orders: Liquid Web Smart Servers do not accept check or money order payments. Only valid credit cards are accepted for Liquid Web Smart Servers payments.

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 14 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account.

Termination of accounts due to overdue payment: If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.

Free Domain Name Registration Offers: Liquid Web may offer to register any available .com, .org, or .net domain for upon creation of a new account. The domain offer does not apply to existing accounts, or to orders that did not request the domain registration at the time the order was placed. In the case of a free registration offer: Free registration is for the first year only; subsequent renewals are $15 per year that the domain is renewed for. If Free SSL Secure Certificate was chosen in lieu of the 5 free domain names, this offer extends to the first year the certificate is issued and is for new signups only. Payment for subsequent certificate renewal is the sole responsibility of the customer and must be made in advance prior to certificate renewal. Please contact support@liquidweb.com for renewal requests.

Courtesy Services for Customers

All services such as backup and cPanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. Liquid Web, Inc. is not responsible for lost data or for lost data due to third party software that is not maintained by Liquid Web, Inc. programming staff. (cPanel is not associated with Liquid Web, Inc.)

Promotional Use

Liquid Web may refer to You, Your company, or your logos for promotional purposes. Your company name, logos and the services that were provided to the customer by Liquid Web may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the Liquid Web website. This reference will be strictly limited to disclosure that Liquid Web has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at Liquid Web. However, Liquid Web may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.

Any work or professional services performed or provided by Liquid Web under this Agreement shall not be deemed Work For Hire, but Liquid Web shall grant a non-exclusive, non-transferable license to You, for the duration of this Agreement, its employees, affiliates, and third parties commissioned by Liquid Web.

Microsoft Software License Policy.

Microsoft, as well as Liquid Web company policy, does not allow mixing of Microsoft license ownership. For an example, a customer cannot use a Liquid Web purchased Windows Server license in conjunction with their own customer license of MSSQL or any other Microsoft Product. This is a violation of Microsoft's licensing policies. The customer would have to obtain all Microsoft licenses through Liquid Web. In some instances, we can allow the customer to supply all Microsoft licensed products, including the OS. However, all licenses must be provided by the customer and may not be mixed with Liquid Web licensed Microsoft products. Any questions regarding this policy can be addressed to sales@liquidweb.com

Limitation of Damages

Recovery of damages from Liquid Web may not exceed the amount of fees it has collected on the account.

General

• Terms Of Service are subject to change without any prior notification.
• These Terms of Service are a legally binding contract between the subscriber and Liquid Web, Inc.
• By opening an account, the subscriber agrees to the above-stated terms.
• Anything not listed in the Terms of Service is open to interpretation and change by Liquid Web, Inc. administrators without prior notice.
• All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.
• The 30-day money back guarantee does not pertain to Virtual Dedicated and Full Dedicated server plans.
• Any violation of these Terms of Service will result in termination of the account. Liquid Web, Inc. maintains the right to terminate accounts without prior notification.
• We reserve the right to remove any account with 15 days prior notice.

Dispute Resolution

Any dispute between Liquid Web and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Michigan law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Ingham County, Michigan, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.