This dedicated server (or VPS) agreement is between the party listed in this order (referenced in this document as YOU, CLIENT or SUBSCRIBER) and WEBster Computing Services. Parties hereby agree to the following terms and conditions:

1. Acceptable Uses Policy

The following are unacceptable uses: Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of export restrictions, harassment, fraud, trafficking in illegal material, drug dealing, and other illegal activities. Internet abuse, including but not limited to activities such as using a nonexistent email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), allowing spamming by third parties, trolling (posting outrageous messages to generate numerous responses), mail bombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. WEBster Computing Services reserves the right to determine what constitutes net abuse. Tortuous conduct, including but not limited to posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights. Misuse of system resources, including but not limited to activities which can cause damage to both the equipment and the network. IRC servers are also not allowed.

2. Billing Policy and Cancellations

WEBster Computing Services bills your server accounts monthly, unless otherwise specified. You agree that your account rebill will occur approx 7 days before your next period, and your account will renew automatically until formally cancelled. Cancellation requests must be in WRITING, HAND SIGNED AND DATED (for security email is not acceptable) and received 10 days or more prior to your renewal date. We accept Visa, MasterCard, American Express, Discover, checks and Money Orders. The next month of account fees must be paid no later than 72 hours in advance of your account's renewal date. Accounts that are late will be removed from our network, suspended, deleted or terminated.

Refunds: Due to the high price of setting up dedicated servers, WEBster Computing Services does not offer refunds of any kind on these servers. Paid monthly fees and setup fees are not refundable. For cancellation terms and conditions see our general terms of service (http://www.webcs.com/agree.html).

3. Hardware and Software Policy

If WEBster Computing Services supplies the software or hardware, all such hardware and software belongs to and remains the property of WEBster Computing Services during and after the duration of this contract. In the event of Hardware failure, WEBster Computing Services will replace the failed part. The proper installation and running of all software is the responsibility of the customer or account holder unless a managed service has been contracted for below. Any software crashes and operating system crashes as a result of faulty software or incompatible software is not the responsibility of WEBster Computing Services.

4. Backup Policy

Backing up of all data is your responsibility even if a data backup drive or service is selected. At no time will WEBster Computing Services be held liable for lost data or backups. Backups can and due corrupt themselves. Backups simply provide the possibility of restoration.

5. Limitation of Liability

You agree that any and all liability of every nature or kind, including without limitation that arising from breach of contract or negligence resulting from omission of any items, the wrong location or quality thereof, or any error or omission therein, or continuation of the server usage and/or services contrary to your request is hereby limited to and shall not exceed the amount of the account charges paid to WEBster Computing Service by you.

6. System Rules and Service Contract

By using our services and ordering, you further agrees that you have read and accept WEBster Computing Services' system general rules and general server contract. These documents can be viewed at http://www.webcs.com/agree.html and http://www.webcs.com/agree2.html.

7. Bulk email via dedicated server

WEBster Computing Services reserves the right to suspend, restrict or terminate any server which is engaged in bulk email activity without notice and you accept this when agreeing to use our service. WEBster Computing Services is the sole decision maker when it comes to what is considered bulk email abuse. Simply following CAN-SPAM ACT rules may not be enough in some cases, as the number of spam complaints and the volume of advertising email going out of a server is enough to get a server blacklisted on many spam watchdogs. Our data centers must protect their IP addresses. Please contact us in advance to go over your email activity if you have concerns. No refunds or credits will be given to terminated, suspended or restricted servers.

8. Security and abuse

You are responsible for all activities and charges resulting from use of our servers and services. You agrees to pay all fees, bandwidth charges, surcharges, and other charges incurred by you. In the event of a breach of security, you will remain liable for any unauthorized use of the your server until you notify WEBster Computing Services.

You shall be solely responsible for all content available on or through your server. You agree your server shall not contain any content that infringes on or violates any copyright, U.S. patent or any other third-party right; and will not contain any content which violates any applicable law, rule or regulation. WEBster Computing Services shall have no obligations with respect to the content available on or through any server or site you host on our network, including, but not limited to, any duty to review or monitor any such content. WEBster Computing Services reserves the right to block any site that violates any of the above-stated terms, or which at our sole discretion, WEBster Computing Services deems objectionable or offensive, or otherwise violates a law or policy. Adult content is allowed on dedicated servers. WEBster Computing Services reserves the future right to restrict it.

9. Warranties/Indemnity.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WEBster Computing Services OR ANYONE ELSE INVOLVED IN ADMINISTERING OR DISTRIBUTING WEBSTER COMPUTING SERVICES SERVERS AND SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE WEBSTER COMPUTING SERVICES SERVICES, SERVERS and/or SOFTWARE INCLUDING BUT NOT LIMITED TO reliance on any information obtained, or stored, on the WEBSTER COMPUTING SERVICES network and data centers; or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction, or unauthorized access to records, programs, or services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, IN SUCH STATES, WEBSTER COMPUTING SERVICES LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Limitation of Liability. WEBSTER COMPUTING SERVICES shall not be liable to client for more than the aggregate amounts paid to WEBSTER COMPUTING SERVICES under this Agreement.

You agree to indemnify and hold harmless WEBster Computing Services from any claims resulting from the use of our servers or services which damages you or any other party.

Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR LOST PROFITS.

9. Identification Check and personal information

You agree to provide WEBster Computing Services with 100% accurate contact information at all times as well as accurate billing information. WEBster Computing Services may ask for further identification on server orders in the form of a copy of your drivers license or your credit card. Please be prepared to provide this if requested. FAXLINES are 866-77-WEBCS and 508-987-3638.