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Terms Of Service

This Terms of Service ("TOS Agreement") constitutes a valid, binding and enforceable legal contract between you, the "Subscriber" and 1GSERVERS, LLC ("1GSERVERS").

Notice: All payments to 1GSERVERS, LLC are non-refundable unless Subscriber cancels before initial service deployment.

Section 1 - Terms of Service & AUP policy acceptance and provision of service

1GSERVERS's deployment of service to Subscriber and Subscriber's acceptance and use of said service constitute Subscriber's acceptance of, and agreement to, this TOS Agreement. Additionally, Customer agrees to 1GSERVERS's Acceptable Use Policy ("AUP") which is made a part of this TOS Agreement. This TOS Agreement, including 1GSERVERS's AUP, constitutes the entire agreement between 1GSERVERS and Customer, and supersedes any prior agreements between 1GSERVERS and Customer.

Customer agrees that 1GSERVERS will verify all orders before deploying any services to Customer. Verifications may involve telephone voice confirmation, additional business e-mail address verification, website verification and additional payment methods such as bank, credit card or PayPal account verification. 1GSERVERS reserves the right to decline any order by 1GSERVERS's sole descretion. If 1GSERVERS declines an order and payment by Customer has already been sent, 1GSERVERS agrees to refund relavent payment to Customer in a timely manner.

Section 2 - Cancellation Of Service

1GSERVERS reserves the right to cancel this TOS Agreement and to permanently cancel the service(s) that 1GSERVERS provides to Subscriber at any time without further obligation. Subscriber may cancel this TOS Agreement and the service that 1GSERVERS provides to Subscriber hereunder by requesting cancellation via opening a ticket within the client area helpdesk, which is located at http://portal.1gservers.com at least 10 days prior to Subscriber's next monthly billing renewal date. 1GSERVERS will not honor notice of cancellation by any other means of communication. Subscriber agrees to be current on all payments and must have all account information available at the time of the cancellation request. It is also Subscriber's responsibility to separately confirm that 1GSERVERS has confirmed receipt and acceptance of cancellation notice.

Section 3 - Service Suspension

1GSERVERS reserves the right to temporarily suspend the service that 1GSERVERS provides to Subscriber for the following conditions:

Subscriber's failure to timely pay any amount due to 1GSERVERS by due date. Prior to such event, 1GSERVERS will notify customer 24 hours in advance of 1GSERVERS's intention to suspend Subscriber's service in order to provide the Subscriber opportunity to make payment arrangements.
Subscriber's violation of this TOS Agreement (which includes AUP), by way of 1GSERVERS sole judgment, if 1GSERVERS believes that Subscriber can resolve such violation in a timely manner. By way of 1GSERVERS sole descretion, 1GSERVERS determines a potential violation has occured, the service (and potentially all of Subscribers services) that 1GSERVERS provides to Subscriber may be suspended, without notice to Subscriber. 1GSERVERS will complete an investigation into whether or not a TOS Agreement or AUP policy violation has occured in a timely manner.

No service credits or refunds will be provided under any circumstances, for any amount of time that the service that 1GSERVERS provides to Subscriber is suspended, interrupted or terminated.

Section 4 - 1GSERVERS Not Obligated For Activity Review Or Violation Notices

1GSERVERS is not under any obligation to review Subscriber's and/or any Subscriber's Sub-User's activities for TOS Agreement and/or AUP violation occurance(s). 1GSERVERS is further under no obligation or have any responsibility to monitor, enforce or police Internet related activities or to notify Subscriber of any actual or suspected violations.

Section 5 - Amendments

1GSERVERS reserves the right to amend, and may amend, from time to time, within its sole discretion, this TOS Agreement and/or AUP. 1GSERVERS will post and make available the most up to date TOS Agreement and AUP on the website address at http://www.1gservers.com/policies.html. Subscriber's use of 1GSERVERS's services, and Subscriber's continued use of 1GSERVERS services will constitute Subscriber's continued acceptance of the most recent TOS Agreement and AUP. Any amendment(s) will in no way constitute grounds for Subscriber's early cancellation of this TOS Agreement, AUP or the service, nor grounds for Subscriber's non payment for the service that 1GSERVERS provides to Subscriber and Subscriber shall continue to be bound by the terms and conditions of this TOS Agreement (and AUP), as amended, as published on 1GSERVERS website address, for any amendment(s).

Section 6 - Assignment

Subscriber may not transfer or assign this TOS Agreement without the prior written consent of 1GSERVERS. 1GSERVERS may transfer and assign this TOS Agreement (and AUP), the service and all of 1GSERVERS's rights, titles and interests thereunder at any time without consent from or notice to Subscriber.

Section 7 - Waiver

Waiver by 1GSERVERS of Subscriber's breach of any term or condition of this TOS Agreement (including AUP) shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other term or condition of this TOS Agreement and/or AUP.

Section 8 - Compliance With Law

Subscriber shall comply with all U.S. local, state and federal laws, statues, ordinances and regulations that apply to Subscriber's use of the service that 1GSERVERS provides to Subscriber, as well as with all laws in all other jurisdictions that apply to Subscriber's use of the service(s) that 1GSERVERS provides to the Subscriber.

Section 9 - Jurisdiction

This TOS Agreement (and AUP) is construed in all respects in accordance with the laws of the state of Arizona to contracts enforceable in that state. By entering into this TOS agreement (and AUP), and accepting and using 1GSERVERS services hereunder, Subscriber submits to jurisdiction and venue in the courts of Maricopa County, Arizona, for any dispute(s) related to or rising out of this TOS Agreement (and AUP). Any claim or cause of action arising out of this TOS Agreement (and AUP) and/or related to the service that 1GSERVERS provides to Subscriber must be filed within ninety (90) days after such claim or cause of action arose or be forever barred.

Section 10 - Responsibilities

Subscriber shall fully defend, indemnify, pay and hold harmless 1GSERVERS and its managers, members, employees, affiliates, attorneys, agents, contractors and licensors (such 1GSERVERS related parties collectively referred to under this Section as "1GSERVERS-related party") for any Subscriber violation(s) of this TOS Agreement (and AUP) and for any violation(s) by a sub-subscriber of, client of, customer of, reseller of, user of, sub-user of, or similar party related to, Subscriber (collectively referred to as a "Subscriber's Sub-User"), that results in any loss, damage, cost or expense to 1GSERVERS or an 1GSERVERS-related party, or in any claim made or threatened against 1GSERVERS or an 1GSERVERS-related party by any third-party. If 1GSERVERS or an 1GSERVERS-related party is sued (or if a suit is threatened against 1GSERVERS or an 1GSERVERS-related party) because of Subscriber's or a Subscriber's Sub-User's act or omission, Subscriber shall pay any and all damages awarded against 1GSERVERS and any 1GSERVERS-related party immediately upon such award (whether or not any appeal is available/taken), plus any and all of 1GSERVERS's and any 1GSERVERS-related party's expenses and costs (including 1GSERVERS's and any 1GSERVERS-related party's reasonable attorneys. fees) related thereto.

The service that 1GSERVERS provides to, or is to provide to, Subscriber is provided on an 'as is' and 'as available' basis, and Subscriber's use of said service is at Subscriber's sole risk. In no case shall 1GSERVERS or any of its managers, members, employees, affiliates, attorneys, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages, losses, costs or expenses, including, but not limited to, loss of profits, loss of data, loss or damage to goodwill, or loss of use of data or other intangible losses, or for any claim(s) related thereto, even if said party has been advised of the possibility of such damages, losses, costs, expenses or claims, arising from or related to: Subscriber's or Subscriber's Sub-Users; Use or inability to use the service (whether from Service Faults or otherwise) that 1GSERVERS provides to, or is to provide to, Subscriber; Any destruction, damage, taking, unavailability or other loss of Subscriber's or any Subscriber's Sub-User's system, server or data; The cost to procure any substitute service; Any unauthorized access or use of Subscriber's account; or Any third party conduct or other matter relating to the service.

1GSERVERS takes no responsibility or accountability for, and Subscriber is entirely responsible and accountable for, any and all Subscriber and third-party data, information and content transmitted by (via email, uploading, posting or otherwise), stored on, inputted to/through, linked to/through and/or served by, Subscriber's server computer (or any server computer internally assigned to Subscriber) at 1GSERVERS's premises and/or using the service that 1GSERVERS provides to Subscriber.

It is Subscriber's responsibility to ensure that Subscriber and all of Subscriber's Sub-Users continuously adhere to the terms and conditions contained in this TOS Agreement (and AUP), and Subscriber is, and will be held, responsible for Subscriber's acts and omissions and for the acts and omissions of Subscriber's Sub-Users related thereto. It is in Subscriber's best interest to implement a similar policy of acceptable use and compliance among Subscriber's Sub-Users.

Subscriber is solely responsible for ensuring that its network and the network(s) of Subscriber's Sub-User(s) are configured in a secure manner. Subscriber is solely responsible for any intrusions into, or security breaches of, any of its server computers, networks or systems. Subscriber is solely responsible and accountable for, and 1GSERVERS shall not be responsible or accountable for, any/all activities that occur on or through Subscriber's service computers, networks and systems, including any and all acts or omissions by, or attributable to, any third party, using the service that 1GSERVERS provides to Subscriber.

1GSERVERS is not responsible for, and Subscriber is solely responsible for, backing up Subscriber's system/data, including any/all system/data of any Subscriber's Sub-User, related to Subscriber's server computer (or any server computer internally assigned to Subscriber) at 1GSERVERS's premises and/or to the service that 1GSERVERS provides to Subscriber. Any server computer owned by Subscriber on 1GSERVERS's premises or otherwise under 1GSERVERS's possession or control will be considered abandoned and forfeited thirty (30) days after cancellation of this TOS Agreement for non-payment, at which time, 1GSERVERS will delete any and all Subscriber and Subscriber's Sub-User system/data. For any server computer not owned by Subscriber but that is or may be internally assigned to Subscriber, 1GSERVERS will delete any and all Subscriber and Subscriber's Sub-User system/data immediately upon cancellation of this TOS Agreement for non-payment.

1GSERVERS is not responsible for, and Subscriber is solely responsible for, fully insuring Subscriber's and Subscriber's Sub-User's system/data against destruction, damage, taking, unavailability or other loss, and 1GSERVERS is not responsible for, and Subscriber is solely responsible for, fully insuring any/all server computers, components and equipment owned or controlled by Subscriber against loss and damage during shipment, handling, placement and use, whether said server computer/equipment is in 1GSERVERS's possession or control or otherwise.

Subscriber is solely responsible for packaging and removing from 1GSERVERS's premises/control any/all servers and equipment owned or controlled by Subscriber. Subscriber shall pay 1GSERVERS a $30.00 USD handling fee plus all shipping costs per package for any server/equipment which is shipped The Subscriber is responsible for insuring any/all shipments. Any server or equipment not removed within 30 days after cancellation of this TOS Agreement for any reason will be considered abandoned and forfeited.

All prices and fees specified in or referred to in this TOS are stated exclusive of any tax, including withholding tax, sales, state. local, city, use, value added, levies, import and custom duties, excise or other similar or equivalent taxes imposed on the supply of services. Any taxes, sales, state, local, city use, levies, excise, withholding taxes or similar charges, direct or indirect, applicable or to become applicable, which are levied as a result of the supply of the services shall be borne by the Customer.

Section 11 - Subscriber Contact Information

Subscriber shall, at http://portal.1gservers.com, provide 1GSERVERS with, and shall update 1GSERVERS immediately upon any change(s) with, accurate, current and complete contact information (including email, fax, telephone and street address contacts) so that 1GSERVERS may register Subscriber, charge payments to Subscriber and otherwise contact Subscriber as may be required from time to time in the course of this TOS Agreement. In addition, Subscriber agrees to provide photo identification to 1GSERVERS prior to Subscriber's preliminary visit, if any, to 1GSERVERS's data center. Subscriber also agrees to submit to any additional identity verifications, agreements and policies to 3rd party data center provider owners, or managers of data center provider owners, prior to Subscriber's preliminary (and possibly subsequent) visit to 1GSERVERS's data center.

Section 12 - Age & Legal Authority

If Subscriber is an individual, Subscriber must be eighteen (18) years of age or older in order to enter into this TOS Agreement (and AUP) to subscribe to the service that 1GSERVERS provides to Subscriber, and Subscriber herewith assures 1GSERVERS that Subscriber meets said age requirement. If Subscriber is an entity, Subscriber herewith assures 1GSERVERS that it has all the legal authority necessary to enter into this TOS Agreement to subscribe to the service 1GSERVERS provides to Subscriber.

Section 13 - Payment Information

The nature of the service that 1GSERVERS provides to Subscriber, and the rates and fees thereof, have been communicated to Subscriber by 1GSERVERS. 1GSERVERS may amend its rates and fees from time to time, at 1GSERVERS's discretion, by posting said change(s) on 1GSERVERS's website at http://www.1gservers.com, or via e-mail, which rate change shall become effective as outlined in said communication.

1GSERVERS may charge Subscriber a one-time, pre-agreed set-up fee before 1GSERVERS provisions any service for Subscriber. Subscriber shall thereafter pay, on each monthly anniversary date thereafter, an ongoing service charge in advance for 1GSERVERS's continued provision of the service that 1GSERVERS provides to Subscriber. Subscriber agrees that 1GSERVERS may automatically charge Subscriber's credit card each month, and may process Subscriber's payment as early as ten (10) days before the due date, to ensure that 1GSERVERS receives payment on or before the due date.

1GSERVERS does not send out invoices automatically. If Subscriber requires an invoice he or she may log into his or her account and obtain an invoice by logging into the portal at http://portal.1gservers.com.

All payments made to 1GSERVERS by Subscriber or on Subscriber's behalf are non-refundable -- including the one-time set-up fee, if any, as well as any/all subsequent monthly charges (regardless of usage). Overcharges or billing disputes must be reported to 1GSERVERS within thirty (30) days of occurrence, otherwise Subscriber shall have waived all claims related thereto. If Subscriber disputes a charge to its credit card issuer, which charge 1GSERVERS deems, in its sole discretion, to be valid under the terms and conditions of this TOS Agreement, Subscriber shall pay 1GSERVERS, in addition to said disputed charge, an Administrative Fee of not less than $50.00 and not more than $150.00.

Should Subscriber's credit card or any payment by any payment method be declined or rejected for any reason, 1GSERVERS may charge Subscriber a $25.00 administrative fee per occurrence.

Without limiting 1GSERVERS's right to, at any time for any reason, cancel this TOS Agreement (and AUP) and permanently disconnect the service(s) that 1GSERVERS provides to Subscriber, should 1GSERVERS suspend the service that 1GSERVERS provides to Subscriber because of Subscriber's failure to timely pay any fee or amount due to 1GSERVERS, Subscriber may be required to pay 1GSERVERS, in addition to any fees and amounts due a $20.00 late fee.. Suspension of service does not relieve Subscriber of any responsibilities.

Section 14 - Service and Support

1GSERVERS offers 24 hours/day x 7 days/week access to submitting technical support inquiries for Subscriber, except during a few holidays and company meetings when we temporarily close our facility. Subscriber's server computer(s) housed at 1GSERVERS's facility is(are) unmanaged, and 1GSERVERS offers only that the service provided by 1GSERVERS to Subscriber's server computer(s) is online and remotely accessible. 1GSERVERS does not offer technical support for application-specific issues, and 1GSERVERS shall not provide technical support to Subscriber's Sub-Users. Subscriber should contact 1GSERVERS by opening a technical support ticket with the support desk for technical assistance by logging into the portal at http://portal.1gservers.com and it's the Subscriber's responsibility to ensure his / her request has been delivered to 1GSERVERS staff within the portal.

1GSERVERS does not guarantee that the service that 1GSERVERS provides to Subscriber is or will be free from errors, omissions, corruption, attack, viruses, interference, loss, hacking, security intrusion, delays, non-delivery, wrong delivery or any other causes of interruption or damage (collectively "Service Faults"). As a reminder of, and not as a limitation of, 1GSERVERS's limitation of liability under Section 10 above, in no case shall 1GSERVERS or any of its managers, members, employees, affiliates, attorneys, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages, losses, costs or expenses, including, but not limited to, loss of profits, loss of data, loss or damage to goodwill, or loss of use of data or other intangible losses, or for any claim(s) related thereto, even if said party has been advised of the possibility of such damages, losses, costs, expenses or claims, arising from or related to the following: Subscriber's or Subscriber's Sub-Users use or inability to use the service (whether from Service Faults or otherwise) that 1GSERVERS provides to, or is to provide to, Subscriber; Any destruction, damage, taking, unavailability or other loss of Subscriber's or any Subscriber's Sub-User's system, server or data; The cost to procure any substitute service; Any unauthorized access or use of Subscriber's account; or Any third-party conduct or other matter relating to the service.

1GSERVERS AND ITS MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, ATTORNEYS, AGENTS, CONTRACTORS AND LICENSORS HEREWITH EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO REQUEST OR ADVICE FROM SUBSCRIBER TO 1GSERVERS, IN ANY FORM OF MEDIA, SHALL CREATE ANY WARRANTY. SUBSCRIBER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER'S NETWORK AND SYSTEM(S) AND FOR ANY LOSSES THAT RESULT FROM SUBSCRIBER'S USE OF, OR INABILITY TO USE, THE SERVICE THAT 1GSERVERS PROVIDES, OR IS TO PROVIDE, TO SUBSCRIBER.

Section 15 - IP Address Ownership

If 1GSERVERS assigns Subscriber an Internet Protocol ("IP") address and/or number(s) for Subscriber's use, the right to use that IP address/number shall belong solely to 1GSERVERS, and Subscriber shall have no right to use that IP address/number except as permitted by 1GSERVERS in its sole discretion in connection with the services provided by 1GSERVERS to Subscriber during the term of this TOS Agreement. 1GSERVERS shall maintain and control ownership of all IP addresses and numbers that may be assigned to Subscriber by 1GSERVERS, and 1GSERVERS reserves the right to change or remove any and all such IP addresses/numbers, in its sole and absolute discretion. 1GSERVERS's allocation of IP addresses/numbers is limited by the policies, as they exist from time to time, of the American Registry for Internet Numbers ("ARIN"), including policies providing that the use of IP addresses or numbers for IP-based virtual hosts are not acceptable as justification for new IP addresses or numbers. Pursuant to ARIN's policies, as they exist from time to time, Subscriber must use name-based hosting whenever possible. 1GSERVERS will periodically review IP address usage, and if 1GSERVERS finds that Subscriber and/or Subscriber's Sub-Users are using IP addresses or numbers where name-based hosting could be used, 1GSERVERS will revoke authorization for the use of those IP addresses/numbers. All IP addresses/numbers that are allocated to Subscriber must be utilized within forty-eight (48) hours of allocation, otherwise 1GSERVERS may retract said unused IP address or number without prior notification to Subscriber.

Section 16 - Unauthorized Use

Subscriber shall not reveal Subscriber's account information to anyone, Subscriber shall protect and maintain the confidentiality and security of Subscriber's account, Subscriber shall not use anyone else's account, and Subscriber shall immediately notify 1GSERVERS of any unauthorized use of Subscriber's account or any other breach of security. Subscriber is solely responsible and accountable for, and 1GSERVERS shall not be responsible or accountable for, any/all activities that occur on or through Subscriber's account, including any and all acts or omissions by, or attributable to, any third party, using the service that 1GSERVERS provides to Subscriber.

Section 17 - Law Enforcement and Third Party Discloser

Subscriber herewith acknowledges and agrees that the 1GSERVERS may disclose any and all Subscriber information, including, but not limited to, Subscriber contact information, assigned IP addresses/numbers, account history, account use, etc., to any law enforcement agent who requests it, without further consent or notification to Subscriber. In addition, as may be allowed by ARIN policies from time to time, 1GSERVERS will provide any third party with Subscriber contact information (including the name, telephone number, email address and other contact information of Subscriber). 1GSERVERS shall apply the terms of this section to any/all of Subscriber's Sub-Users, and Subscriber shall notify all of Subscriber's Sub-Users of these terms.

Section 18 - Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) and SPAM

Subscriber may not use or permit others to use the service that 1GSERVERS provides to Subscriber to transmit (including by email, uploading, posting or other transmission), originate, pass through or otherwise transact any SPAM, UCE and/or UBE. Violations of this policy carry, as well as possible suspension or cancellation of service, additional penalties and/or remedies, including, but not limited to: 1GSERVERS reserves the right to drop the section of any IP space involved in any SPAM/UCE/UBE or Denial of Service (DOS) complaints if 1GSERVERS determines, in its sole discretion, that the offending activity is causing, or may cause, harm to other parties on the Internet; Subscriber will pay "Research Fees" of $175.00 per hour to compensate 1GSERVERS for employee time spent investigating Subscriber's violation. 1GSERVERS reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated violation; First violations of 1GSERVERS's SPAM/UCE/UBE policy will result in an "Administrative Fee" of $250.00; a second violation will result in an "Administrative Fee" of $500.00, and immediate cancellation of Subscriber's service; and 1GSERVERS may notify law enforcement officials if the violation is believed to be a criminal offense; 1GSERVERS's remedies are cumulative and they may be exercised concurrently or separately at any time. Lack of action by 1GSERVERS with respect to any remedy shall not serve as a waiver of that or any other remedy at any time.

Section 19 - Agreement and Compliance of 1GSERVERS AUP

1GSERVERS's AUP is an integral part of this TOS Agreement, and Subscriber agrees to comply with the AUP, and to take reasonable steps to ensure that Subscriber's Sub-Users comply with the AUP at all times. The AUP applies to Subscriber and to each/all of Subscriber's Sub-Users and to each/all server computer, network, device and/or system under Subscriber's control or assigned to Subscriber related to the service 1GSERVERS provides to Subscriber. Subscriber is, and will be held, responsible and accountable for any and all activity and/or omission by, or attributable to, any third party directly or indirectly using or benefiting from 1GSERVERS'ss services that violates any of the terms of the AUP.

1GSERVERS reserves the right to investigate actual, suspected or alleged violations of the AUP, which includes the right to access data, information, contents and records on, or associated with, any server computer(s) of, or assigned to, Subscriber. 1GSERVERS shall not be in default of this TOS Agreement if 1GSERVERS's investigation causes Subscriber to incur downtime or requires the sequestering of all or a portion of the Subscriber's service(s).

1GSERVERS may involve, and cooperate with, law enforcement authorities in investigating and/or prosecuting Subscriber and/or Subscriber's Sub-Users who are involved in any violation of the AUP. Subscriber shall assist 1GSERVERS to comply with all laws, ordinances, regulations and rules related to the service 1GSERVERS provides to Subscriber. Subscriber shall cooperate and comply with any/all civil or criminal investigations regarding activity through, and data, information, contents and records on, or associated with, any server computer(s) of, or assigned to, Subscriber, including, without limitation, discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court or government entity (each an "Investigation"). Without limiting any other right of 1GSERVERS, 1GSERVERS reserves the right to comply with any Investigation without notice to Subscriber.

Without limiting 1GSERVERS's right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that 1GSERVERS provides to Subscriber, 1GSERVERS may also, in its sole discretion, take any one or more of the following remedies for a violation of the AUP: Disable access to Subscriber's content that violates the AUP; Remove DNS records from Subscriber's service(s); Block email or any other network services; Effect IP address null routing (blackholing); Take direct action against Subscriber's Sub-Users; Charge Subscriber for remedial actions, and recover any and all expenses from Subscriber in connection with any violation of the AUP attributable to Subscriber. 1GSERVERS's remedies are cumulative and they may be exercised concurrently or separately at any time. Lack of action by 1GSERVERS with respect to any remedy shall not serve as a waiver of that or any other remedy at any time.

Acceptable Use Policy

Subscriber acknowledges and agrees that the provision of services to Subscriber by 1GSERVERS, LLC ("1GSERVERS"), and Subscriber's acceptance and use of 1GSERVERS's services, constitute Subscriber's acceptance of and agreement to the terms and conditions of this document -- 1GSERVERS's Acceptable Use Policy ("AUP") -- and that the AUP is an integral part of, and is incorporated by reference into, the Terms Of Service ("TOS") Agreement by and between 1GSERVERS and Subscriber.

Doing, causing or allowing (whether by act or omission) any of the following, and/or any direct or indirect aiding or abetting of any person or entity to do, cause or allow (whether by act or omission) any of the following, is considered a violation of the AUP and of the TOS Agreement between 1GSERVERS and Subscriber:

Using 1GSERVERS's services for illegal purposes or in support of illegal activities, including, but not limited to, transmitting (by email, uploading, posting or otherwise) or distributing, downloading, copying, caching, hosting or storing data, information or content which, in 1GSERVERS's sole determination, constitutes a violation of any relevant law, regulation, ordinance or court order. Subscriber shall be responsible for determining what laws, regulations, ordinances and court orders are applicable to its use of 1GSERVERS's services;

Using 1GSERVERS's services to transmit (by email, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any material that threatens or encourages bodily harm, destruction of property or any other type of harm;

Using 1GSERVERS's services to transmit (by email, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any material that harasses or stalks another;

Using 1GSERVERS's services to transmit (by email, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any material that is harmful, abusive, defamatory or libelous;

Using 1GSERVERS's services to transmit (by email, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any material in violation of any duty under any law (including court order), contract or any fiduciary relationship;

Adding, removing, modifying or forging any message header, network header, TCP/IP packet header or any part of any header or information in any transmission (including any email, upload, posting or other transmission), originating or passing through 1GSERVERS's services, in an effort to deceive or mislead another; impersonating or attempting to impersonate any person or entity in any transmission (including any email, upload, posting or other transmission) originating or passing through 1GSERVERS's services; misleading or attempting to mislead any person or entity by use of incorrect identifying information. The use of anonymous re-mailers or nicknames does not constitute a violation hereunder. Subscriber must maintain a policy requiring proper "From" and/or "Reply To" headers on all email and usenet postings;

Using 1GSERVERS's services in furtherance of or involving any fraudulent activity or fraudulent purpose, or to make any fraudulent offers to sell or buy products, items or services, or to advance any type of financial scam including, but not limited to, pyramid schemes, chain letters or any other financial scam; using 1GSERVERS's services to effect a misrepresentation or misleading statement, writing or activity;

Interfering with, disrupting or adversely affecting, or attempting to interfere with, disrupt or adversely affect, the ability to use 1GSERVERS's services, the Internet or any other services or equipment (this includes denial of service attacks against another network, host or individual user); using 1GSERVERS's services to interfere with, disrupt or adversely affect, or to attempt to interfere with, disrupt or adversely affect, the service of any subscriber, subscriber's sub-users, host, network or system, including, without limitation, via means of overloading, flooding, email bombing, news bombing, crashing or any similar activity; using 1GSERVERS's services to impede another person's use of electronic mail services or news; using any program, or sending messages of any kind, designed to interfere with or disable a user's session;

Using 1GSERVERS's service(s) for the purpose of transmitting (by email, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any material, messages or commercial advertisements that violate the regulations, FAQ's, charters, policies or other rules of any newsgroup or mailing list. Usenet posts and content must conform to standards established by the Internet community and the applicable newsgroup rules; commercial messages deemed appropriate under the rules of a newsgroup or mailing list, or that are solicited by the recipients, are permitted;

Accessing, corrupting or taking, or attempting to access, corrupt or take, any data, information or the accounts of others; logging into a server or account, or entering or using or attempting to enter or use another person's or entity's computer system which Subscriber / Subscriber's Sub-User is not authorized to access, enter or use; penetrating or attempting to penetrate 1GSERVERS's security measures or another person's or entity's computer software or hardware, electronic communications system, or telecommunications system or security; and any similar activity prohibited by federal or state law;

Using 1GSERVERS's services to transmit (by email, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any information, data, content, material or work that infringes any copyright, trademark, service mark, patent, trade secret any or other intellectual property right(s) of any person or entity;

Using 1GSERVERS's services to collect, or to attempt to collect, personal information about third parties without the third party's(ies') knowledge or consent;

Subscriber's/ Subscriber's Sub-User's (as defined in the TOS Agreement) allowance of others to use its/their network, or permitting its/their network to be configured in such a way that affords a third party the capability to use its/their network, in an illegal, inappropriate or unfriendly manner; causing or initiating security breaches or disruptions of network communication or connectivity; executing any form of activity that intercepts data not intended for Subscriber's / Subscriber's Sub-User's server(s); evading or circumventing user authentication or security of any host, network or account; engaging in any conduct designed to avoid restrictions or access limits to specific services, hosts or networks; probing, scanning or testing, or attempting to probe, scan or test, the vulnerability of a system or network without proper authorization; breaching or attempting to breach security or authentication measures without proper authorization; taking any action in order to obtain, or attempting to obtain, services to which such Subscriber / Subscriber's Sub-User is not entitled;

Using 1GSERVERS's services to effect the intentional distribution of software or computer code, files or programs that causes, or attempts to cause, damage, harassment or annoyance to persons, entities, data and/or computer systems;

Using 1GSERVERS's services to employ software or any device that would facilitate a continued connection (such as pinging) or would negatively affect a person's or entity's ability to engage in real time exchanges;

Using IP addresses that were not assigned to it by 1GSERVERS;

Using 1GSERVERS's servicess to provide support or resources (including concealing or disguising the nature, location, source, or ownership of support or resources) to any organization designated by the U.S. government as a terrorist organization pursuant Section 219 of the Immigration and Nationality Act;

Using 1GSERVERS's services for or to promote gambling that is or may be prohibited or restricted by any state or federal gambling laws or regulations;

Using 1GSERVERS's to harm minors in any way or transmitting (by email, uploading, posting or otherwise), distributing, downloading, copying, caching, hosting or storing on a server any child pornography as defined by U.S. law. (Legal Adult content is allowed); and

Violating or attempting to violate the security of 1GSERVERS's systems.

It is Subscriber's obligation to maintain and enforce these provisions against all of Subscriber's Sub-users, to maintain its own abuse/postmaster email addresses for reporting abuses and to promptly and appropriately respond to all emails sent to these addresses. Please consult an attorney if you are uncertain of the legal status of your any of your activities. 1GSERVERS will comply with all orders and obligations of any court or government agency. 1GSERVERS expressly disclaims any liability for the data and content residing on its network and for the actions and inactions of its Subscribers, including Subscriber's Sub-Users.