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, 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. We reserve the sole right to determine what constitutes net abuse as well as spam.

2. IP address Use and Justification Policies IP use must be justified and meet criteria put forth by the datacenter in question which is the sole determiner of what is justified. If requesting additional IPS client must provide justification or IPS may not be provided. If ordering a new server and client can not provide justification for additional IPS, client will be provided with the default number of IPS until such time as his IPs can be justified.

IP justificated rejection does not cancel a dedicated server order. Your personal information may be disclosed to IP providers and in the global IP database when requesting IP addresses as they will be registered in your name.

3. Billing Policy and Cancellations

We bill your server accounts monthly, unless otherwise agreed. You agree that your account rebills will occur approx 3-4 days before your next period, and your account will renew automatically until formally cancelled. See our general terms and conditions for cancellation rules. We accept Paypal, Visa, MasterCard, American Express, Discover, checks and Money Orders. The next month of account fees must be paid no later than 24 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, We do 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).

4. Hardware and Software Policy

If we supply the software or hardware, all such hardware and software belongs to and remains the property of us during and after the duration of this contract. In the event of Hardware failure, we 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 our responsibility.

5. Backup Policy

Backing up of all data is your responsibility even if a data backup drive or service is selected. At no time will we be held liable for lost data or backups. Backups can and due corrupt themselves and backup software needs to be monitored by you to make sure files are saving properly. Backups simply provide the possibility of restoration.

6. 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 us by you.

You agree to indemnify, defend, and hold harmless WEBster Computing Services and its employees from any and all legal action, liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of our account(s) or service(s) which damages either you, WEBster Computing Services, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account or requested services, including but not limited to domain name selection, domain name registration, domain name renewal and website content. WEBster Computing Services makes no warranties or representations of any kind for the services being offered, including warranties of merchantability or fitness for any purpose. You agree not to hold WEBster Computing Services responsible for any loss you suffer as a result of using our services, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause. However, WEBster Computing Services agrees that any complete service interruption in excess of 24 straight hours will justify a refund or credit (as stipulated in WEBster Computing Services' system rules and policies) to its customers for the appropriate amount of their monthly fees but that no further compensation will be made. 7. System Rules and Service Contract

By using our services and ordering, you further agrees that you have read and accept oue system general rules. These documents can be viewed here.

8. Bulk email via dedicated server

We reserve 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. We are 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 servers terminated, suspended or restricted due to mail activity.

9. Security and abuse

You are responsible for all activities and charges resulting from use of our servers and services. You agree 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 us.

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. We 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. We reserve the right to block any site that violates any of the above-stated terms, or which at our sole discretion, we deem objectionable or offensive, or otherwise violates a law or policy. Legal adult content is allowed on dedicated servers. We do reserve the future right to restrict it.

ECPA NOTICE: WEBster Computing Services reserves the right to monitor any and all communications through or with our facilities. You agree that WEBster Computing Services is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded. You agree that we have the right to fully cooperate in any legal investigation regarding any aspect of our services, including services sold to you.

10. Warranties/Indemnity.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL we OR ANYONE ELSE INVOLVED IN ADMINISTERING OR DISTRIBUTING OUE SERVERS AND SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OUR SERVICES, SERVERS and/or SOFTWARE INCLUDING BUT NOT LIMITED TO reliance on any information obtained, or stored, on our network and our 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, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

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

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.

11. Identification Check and personal information

You agree to supply a current and truthful name, postal address, and telephone number for our records. You also confirm that you are an authorized user of any credit card that you supply to us, and that you are 18 years of age or older. You agree that setup and prepayment fees are non-refundable after the time of account or service activation, and that WEBster Computing Services is not responsible for domain registration delays or fees, unless otherwise agreed to.

12. Unlimited service