Dedicated Server Addendum

Our Terms of Service (TOS), including terms incorporated into our TOS by reference, are incorporated into this attachment by reference.  To the extent that any terms in this Dedicated Services addendum conflict with the terms of our TOS, the terms of this Dedicated Services addendum prevail.  To the extent that the terms of this Dedicated Services addendum conflict with any of the agreements of the TOS which are incorporated into it by reference (including without limitation our AUP and Privacy Policy), the terms of those agreements prevail as set out in paragraph 5.1 of the TOS.

Description of Services

1. Our dedicated server (bare metal servers) Services provide a range of solutions by leasing equipment and connecting with our network. The features, access speeds, Fees and other items you have initially selected for these Services were chosen by you during sign-up.

2. We agree to sell to you the amount of bandwidth chosen by you. Your data will be the only data operating on the equipment underlying the Services. We will retain ownership in the Equipment.

3. You have the right to connect to our network, using the Services on a 24×7 basis, limited by this TOS.

4. We will provide, at no cost to you, unless otherwise specified, one primary IPv4 address by default, which will be subject to change at any time. Additional IPv4 and/or IPv6 addresses may be requested for an additional fee.

5. You will have no physical access to the equipment underlying the Services. You will have no physical access, nor will you have any ownership interest in it.

6. Aspects of the dedicated Services may be provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. We will use commercially-reasonable efforts to inform you of those changes. However, you may not terminate this TOS based on such a change by a third party.

7. Upon termination, your account will be closed, the equipment underlying the Services disconnected, the hard drive cleared, and any back-up tapes purged. We have no responsibility to preserve any data once your account is closed.

8. You may not place excessive burdens on our resources, including our customer support services. You understand that bandwidth, connection speeds and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result in our need to place restrictions on your use of the dedicated Services. You agree that we may place restrictions on your use of the dedicated Services or customer support Services to the extent that they exceed the use of these resources by similarly-situated customers.

9. In the event of an emergency, our work will take precedence over your operations. We may interrupt Service operation, remove or rearrange equipment, disconnect or disable devices, limit access, or disable software, during an emergency without any liability to you or any individual or entity associated with you.

10. We retain the right to maintain and operate our facilities in such a manner as will best enable us to conduct our normal business operations. You may not terminate this TOS based on changes in this operation unless such a change materially alters the type of Service provided by us. The term “materially” shall be interpreted as set out in the “material breach” section of our TOS.

LAST REVISION: APRIL 2018
 
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