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Terms Of Service

DEDICATED & VIRTUAL SERVERS HOSTING AGREEMENT TO TERMS OF SERVICE

1. AGREEMENT

1.1. In consideration of the mutual covenants contained herein, the parties agree as follows:

2. PURPOSE

2.1. The purpose of this Agreement is to define the terms under which MyPetaHost will provide Customer with Hosting Services, defined as:

a) physical space within MyPetaHost Network Operations Center to house a MyPetaHost-owned and supplied computer system and such other equipment as may be required and identified within this Agreement, hereinafter Customer`s Server,

b) limited physical access to Customer`s Server,

c) a connection of the Customer`s Server to the Internet using MyPetaHost public network connections.

2.2. This Agreement may include additional exhibits for services such as monitoring, managed services, backup service, managed firewall services and Operating System maintenance. Such exhibits, once executed, shall become a part of this Agreement and incorporated herein.

3. EFFECTIVENESS, TERM AND RENEWAL

3.1. This Agreement shall become effective when signed by a duly authorized officer of MyPetaHost. This Customer Agreement shall remain in effect until the services provided herein are terminated, changed or canceled as allowed by the terms and conditions as contained herein.

4. CUSTOMER`S SERVER AND USE RESPONSIBILITIES

4.1. Customer`s Server may provide services to Customer and/or its` customers, or the general public, for any legal purpose whatsoever, provided that:

4.2. Customer`s Server may deliver, only those network services specifically disclosed and agreed to herein. Customer`s server shall not be used as a mail relay and Customer shall ensure that such service is shutdown,

4.3. Customer`s Server shall not exceed the agreed-to Bandwidth limits, or provide services to others which results in use in excess of the agreed to Bandwidth, regardless of whether such use is in the ordinary course of business or results from any unauthorized hacking or use of Customer`s Server. Should Customer exceed its allotted Bandwidth, for any reason, Customer shall pay for such additional Bandwidth, at the rate and terms defined in the current MyPetaHost price list,

4.4. Customer shall not utilize its Server for the delivery of unsolicited e-mail (spamming) or the spreading of viruses,

4.5. Customer is expressly prohibited from, and shall not use the Server or MyPetaHost network to, violate the security of any computer (or) network, crack passwords or security encryption codes, or transfer or serve any illegal material(s).

4.6. All services provided by MyPetaHost under this Agreement extend to the Customer only, and do not extend to any other person, corporation or entity, regardless of their relationship with Customer and under no circumstances will MyPetaHost be obliged to support third parties.

4.7. Customer may resell space on the Customer`s Server as well as its bandwidth to third parties, provided that Customer does NOT:

a) allow third party to access administration or root accounts,

b) use such service to provide dial-in or general Internet TCP/IP Access,

c) provide or divulge login names or passwords, provided to Customer by MyPetaHost, to third parties,

d) allow any such use which is in violation of this Agreement.

4.8. Customer and all other third parties accessing or using Customer`s Server shall abide by all of the rules, regulations and policies of MyPetaHost, as well as other networks and computer systems accessed via the Customer`s server, whether operated by MyPetaHost, its suppliers or others. If the Customer is unsure of those policies, it is the Customer`s responsibility to ascertain said policies. Customer agrees to indemnify and hold MyPetaHost harmless from any claims resulting from the Customer`s use of the service that damages either the Customer or another party or parties.

4.9. On our servers and VPS is forbidden:

a) Spam as incoming and outgoing.

b) Viruses, botnets, exploits and redirects to sites containing viruses and exploits.

c) Child pornography, incest, porn involving animals, and sites with models, looking younger than 18 years of age.

d) Fraudulent websites, as well as redirects to such sites

e) Organization of public VPN services without approval from the administration.

f) Scanning port and vulnerabilities

5. CUSTOMER RESPONSIBILITIES FOR EQUIPMENT, APPLICATIONS AND DATA

5.1. The Customer is totally responsible for the ongoing stability and the operation of the Customer`s application and server. Any assistance by MyPetaHost staff may be result in additional fees.

5.2. Unless contracted by separate Agreement, in writing, under no circumstances shall MyPetaHost assume responsibility for the loss of information on the Customer`s Server. The Customer is responsible for secure backup of all data on Customer`s Server, and is responsible for rebuilding their environment in the event of loss of this information caused by failure of the server, or by any act, by any party, whether accidental or intentional. The customer has the option of hiring MyPetaHost for restoration of services at an additional fee. The customer is responsible for providing MyPetaHost with a reliable 24-hour contact to notify in the event of failure or downtime for maintenance.

5.3. Customer shall provide MyPetaHost with a list, and replacement value, detailing any and all additional equipment and software that is installed, or to be installed, on Customer`s Server in MyPetaHost Network

6. PAYMENT AND CHARGES

6.1. The Customer is responsible for any and all fixed and accumulative charges for their account as, defined in the current MyPetaHost price list.

6.2. The account setup fee and first month (30 days) service are charged immediately upon the execution of this Agreement. Once the Customer`s Server is installed and operational, the thirty (30) day period begins. Thereafter, hosting fees are billed on a monthly basis. The first such invoice may include appropriate charges or credits to prorate the service period to the end of the month. Incidental support or additional fees will be charged as the service is performed.

6.3. Invoices for Hosting Services are invoiced and payable in advance for the term of the Hosting Services. Hosting Services are subject to suspension for any account thirty (30) or more days past due and become subject to a re-activation fee. MyPetaHost may impose a late charge on invoiced amounts over 30 days outstanding equal to 1.5% per month of the unpaid until the entire balance is paid in full.

6.4. MyPetaHost agrees to notify Customer at least ninety (30) days in advance of any price increase which affects any services provided to Customer under this Agreement./

7. LIMITATION OF LIABILITY

7.1. MyPetaHost exercises no control whatsoever over the content of the information passing through its network. MyPetaHost makes no warranties of any kind, whether expressed or implied, for the service(s) it is providing. MyPetaHost also disclaims any warranty of merchantability or fitness for a particular purpose. MyPetaHost will not be responsible for any damage you suffer. This includes the loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions caused by its own negligence, omission or your errors or omissions. Use of any information obtained via MyPetaHost's network is at your own risk. MyPetaHost specifically denies any responsibility for the accuracy or quality of information obtained through its services.

7.2. MyPetaHost's liability hereunder for any losses or damages suffered by Customer or its customers with respect to the products and services or any other item under this Customer Agreement, whether direct or indirect, from any cause whatsoever, shall be limited to the amount paid by Customer to MyPetaHost for products and services ordered hereunder for a single billing period only. MyPetaHost shall not be liable for any lost profits or for any claim or demand against the Customer by any other party based on any expressed, implied or claimed warranties by MyPetaHost not specifically set forth in this Agreement.

7.3. IN NO EVENT SHALL MyPetaHost BE LIABLE FOR CONSEQUENTIAL DAMAGES EVEN IF MyPetaHost HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.4. No action, regardless of form, arising out of this or any other MyPetaHost Agreement or the transactions contemplated herein or therein, may be brought by Customer more than one (1) year after the cause of action has occurred.

7.5. Customer shall indemnify, defend and hold harmless MyPetaHost, its directors, employees and agents from any action brought against them by any third-party in connection with this Agreement, or any other Agreement between Customer and a third-party from any claims resulting from the use of the service by you or any of your customers or others throughout your chain of distribution, including end-users. Customer shall pay all damages and reasonable attorney fees arising as a result of Customer's use or misuse of any rights granted herein.

8. COMPLIANCE WITH LAWS

8.1. Customer shall at all times comply with all applicable laws and regulations of the United States of America, of the Germany, of the Netherlands and with other countries, with which cooperates MyPetaHost, and as well as the and all other governmental entities governing, restricting or otherwise pertaining to the use, distribution, exporting or import of data, products, services and/or technical data.

8.2. MyPetaHost's network may only be used for lawful purposes. Transmission of any material in violation law of any countries, with which cooperates MyPetaHost, or other governmental regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.

9. TERMINATION

9.1. MyPetaHost shall have the right to immediately suspend or terminate this Agreement during any investigation of Acceptable Use Policy or Agreement violations, misrepresentation of the services offered by Customer`s Server, inappropriate use, use of excessive system or network resources which adversely affects the performance, security or reliability of the MyPetaHost network, or nonpayment of service fees. In the event that MyPetaHost suspends or cancels service, MyPetaHost will make a reasonable effort to notify the emergency contact supplied by the Customer, prior to the actual event.

9.2. MyPetaHost shall have the right to suspend or terminate this Agreement for any reason, by providing the Customer with written notice.

9.3. The Customer must cancel with written notice sent to the address of MyPetaHost in this Agreement. Customer agrees that MyPetaHost has the right to delete all data, files or other information that is stored on the Customer`s servers, on behalf of Customer, if either the Customer or MyPetaHost cancels this account, for any reason.

10. Acceptable Usage Policy

Customers agree to use our services under the Acceptable Usage Policy (AUP) which is here by incorporated with this agreement. Customers agree that MyPetaHost hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of MyPetaHost notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with MyPetaHost reasonable investigation of any suspected violation of the AUP. In the event of a dispute between MyPetaHost and Customer regarding the interpretation of the AUP, MyPetaHost commercially reasonable interpretation of the AUP shall govern.