This Dedicated Server Service Agreement ("Agreement") is by and between ix-one Domains, Inc. , a/an Arizona corporation ("ix-one"), and you and your heirs, assigns, agents and contractors (collectively, "You") and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of ix-one's Dedicated Server services (collectively, the "Dedicated Services") and represents the entire agreement between You and ix-one . By using ix-one's Dedicated Services, You acknowledge and agree that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, including, but not limited to, the Universal Terms of Service that ix-one may establish from time to time. Such Agreements may be found here.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your agent, and transactions entered into by anyone who uses the account You have established with ix-one whether or not the transactions were on Your behalf. You acknowledge and agree that ix-one's acceptance of any application made by You for services provided by ix-one will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Scottsdale, Arizona, USA.

ix-one currently provides Dedicated Services to its customers for a monthly fee. ix-one will provide You an account on ix-one's Dedicated Services servers, provided, however, You abide by the terms and conditions set forth herein and in each of ix-one's policies and procedures.

License of Your Server Content

ix-one grants to You, and You accept from ix-one, a non-exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the Internet Your server content in connection with ix-one's performance or enforcement of this Agreement.

Availability of Services

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

FTP Backup

ix-one may offer additional features and add on services such as a FTP Backup option. You acknowledge and agree that purchasing such additional features and add on services may require additional down time to install and maintain. You further acknowledge and agree that in utilizing the FTP Backup option, You shall be subject to a maximum disk usage and bandwidth usage as identified by ix-one. Subject to the terms and conditions of this Agreement, ix-one shall use commercially reasonable efforts to provide FTP Backup services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the FTP Backup services may be inaccessible or inoperable for any reason, including without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that ix-one may undertake from time to time; or (iii) causes beyond the control of ix-one or that are not reasonably foreseeable by ix-one, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

Server Content

You shall be solely responsible for providing, updating, uploading and maintaining Your server content and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your server, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your server content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Dedicated Services.

Information Shared with Partners

As a condition of purchasing and using "Virtual Dedicated Server" and/or "Dedicated Server" plans, You acknowledge and agree that ix-one may provide Your personal information to their partners, as required to provide the plans for which You are purchasing.

You acknowledge and agree that ix-one shall have the right to seek justification in connection with Your use of the Dedicated Services, specifically Your purchase of IP addresses, and that You shall be obligated to provide any and all information reasonably sought by ix-one pursuant to such justification. You acknowledge and agree that You are required to begin using at least ninety percent (90%) of Your purchased IP addresses within thirty (30) days of assignment of such IP addresses to You. In the event You do not begin using at least ninety percent (90%) of Your assigned IP addresses, You acknowledge and agree that ix-one shall have the right to reclaim any unused IP addresses after the expiration of such thirty (30) day period. In connection with such purchase, You acknowledge and agree that Your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed on the Whois.

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

You are responsible for ensuring that there is no excessive overloading of ix-one's DNS system or servers. In the event that You exceed Your allotted bandwidth and thereby overload ix-one's DNS or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use ix-one's servers and Your Server Account as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and ix-one reserves the right to remove sites that contain information about hacking or links to such information. Use of your server account as an anonymous gateway is prohibited, as is Your use of the Dedicated Services to restrict or inhibit any other user from using and enjoying the Internet. You acknowledge and agree that ix-one has the right to remove Your server content temporarily or permanently from its dedicated servers if ix-one is the recipient of activities that threaten the stability of its network.

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

ix-one prohibits the running of a public recursive DNS service on any ix-one server. All recursive DNS servers must be secured to allow only internet network access or a limited set of IP addresses. ix-one actively scans for the presence of public DNS services and reserves the right to remove any servers from the network that violate this restriction.

Storage and Security

At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on ix-one servers; and (iv) ensure the confidentiality of Your password. ix-one's servers and Dedicated Services are not an archive and ix-one shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The Dedicated Services are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be considered as one. ix-one shall have no liability to You or any other person for Your use of the Dedicated Services in violation of these terms. You acknowledge and agree that ix-one has the right to carry out a forensics examination in the event of a compromise to your server or account.

In the event You terminate this Agreement or Your use of the Dedicated Services, then moving Your server content off of the ix-one dedicated servers is Your responsibility. ix-one will not transfer or FTP Your server content to another provider. In the event Your use of the Dedicated Services is terminated, ix-one will not transfer or manage Your Dedicated Services or Your server content.