Terms Of Service - Serversphere.com

Last updated August 13, 2007

Mokee Computer Technologies, hereafter referred to "Serversphere.com" and/or "The Company", agrees to furnish services to Subscribers, subject to the following Terms of service hereafter referred to as the "TOS". Use of Serversphere.com services constitutes an acceptance of Serversphere.com's Acceptable Use Policy, hereafter referred to as the "AUP", as well as the TOS. Unless otherwise mentioned in any other contract or agreement all Serversphere.com's Subscribers are subject to these TOS and AUP and all provisions of this TOS and AUP are subject to periodic review and change without prior notice. The Subscriber understands that changes to the TOS or AUP shall not be grounds for early termination or non-payment.

This Agreement shall be construed in all respect in accordance with the laws of the state of New Jersey, County of Cumberland applicable to contracts enforceable in that state. Venue will be Cumberland County, New Jersey.

NETWORK

Internet Protocol Address/Number Ownership/Usage: All rights to use the Internet Protocol Address(es), hereafter referred to as IP's, assigned to the Subscriber shall belong only to Serversphere.com or to the datacenter in which the server is housed. The Subscriber shall have no rights to use the IP's except as permitted by Serversphere.com in its own discretion in connection with the services tendered during the terms of this Agreement. Serversphere.com reserves absolute control and/or right of use over IP's and may change or remove any such IP numbers or addresses. All IP allocation is based on provision of ARIN's policy governing IP addresses.

Bandwidth and Disk Space: The Subscriber is allocated a set amount of bandwidth and disk space per month for their use in association with any given server order. Bandwidth usage is not monitored or policed by Serversphere.com throughout any given month. The Subscriber agrees to pay any additional charges resulting in additional usage of bandwidth or disk space. It is the Subscriber's responsibility to track and police their own bandwidth use for any given month and be aware of impending overages. Serversphere.com also reserves the right to demand a deposit in the event the bandwidth usage is likely to exceed the monthly allocated usage on any two days usage back to back. The Subscriber may not combine allocated bandwidth from more than one server order in order to gain additional bandwidth. The Subscriber understands that any and all services may be suspended or cancelled upon failure to pay for overage charges by the start of the next billing cycle.

The Subcriber is provided with a 10Mbps or 100Mbps port; depending on their package, plan and/or datacenter; and may utilize available network bandwidth in a manner that is fair and reasonable to all users on the network. As bandwidth is often a shared resource amongst all users within any given network, excessive consumption of network bandwidth by any one Subscriber can interfere with or completely prevent normal network performance for others. The specifics of network usage, allowed traffic and excessive consumption follow, broken down by datacenter:

• Ezzi.net, Brookyln, NY
1. You are provided a temporary burst (not sustained usage) of network activity that, depending again on your package or plan, may hit 100Mbps for each server. But this is as a courtesy only.
2. Servers/Sites/Accounts that (a) average 10Mbps (106GB of data transfer) or more during any 24-hour period or (b) average 20Mbps (53.3GB of data transfer) or more during any 6-hour period or (c) average 30Mbps (40GB of data transfer) or more during any 3-hour period shall be warned and/or disconnected from the network to prevent such activities from causing deterioration in network performance for other users.
3. Furthermore, the customer shall be responsible for (a) all fees related to excessive bandwidth usage and (b) all fees related to the violation of the Serversphere.com Terms of service Agreement.

System and Network Security: Any violation of, or attempt to violate, the security of a Serversphere.com Network/System/Server may result in civil or criminal liability. Serversphere.com will investigate any and all such occurrences, including any which might involve law enforcement authorities in prosecuting any Subscriber and/or any Customer(s) of the Subscriber who are involved in such violations. These violations include but are not limited to:

1. Accessing data not intended for such Subscriber
2. Logging or trying to log into a server or account, which such Subscriber is not authorized to access.
3. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
4. Attempting to interfere with service to any Subscriber, host or network, including but not limited to 'flooding', 'mail bombing', spoofing' or 'crashing'.
5. Forging or altering any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
6. Obtaining or attempting to obtain service by any means or device with or without the intent of avoiding payment.

Subscriber acknowledges the fact that the nature of the services provided are such that service can be interrupted for many reasons other than the negligence of the Company, and as such the Subscriber agrees that the Company shall not be liable for any damages arising from such causes, that the Company shall not be responsible for any such loss and that the liability of the Company in an event of its own negligence shall not exceed the amount payable by the Subscriber for the services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury.

SUBSCRIBER ACCOUNTS

Service Charges: The Subscriber acknowledges that he is aware of the nature of the services and the charges associated therewith, and that he agrees to pay such charges forthwith within the stipulated time. The Company reserves the right to prospectively change the specified charges from time to time. Promotional offers are contingent on the Company achieving and maintaining its service costs including but not limited to the rate charged to the Company by its suppliers.

Payments and Fees: Establishment of any service is dependent upon receipt of payment from the Subscriver by the Company for any orders or stated charges. All Client server orders are charged a pro-rated amount for the remainder of the current month plus the next month's amount in it's entirety. Subsequent payments are due on the 1st day of the following month for that next month's service. Service oriented fees, such as hands on or remote troubleshooting, programming or repair, are to be paid in full prior to starting any work.

All accounts and services provided by Serversphere.com are subject to the current tax rate where applicable according to taxes imposed by the County of Cumberland and/or the state of New Jersey. Services to accounts over due past 7 days will be put on hold and will lead to disruption of service. A reconnect fee of $100.00 may be levied on accounts that are put on hold for non-payment. Accounts not paid by their due date may also be subject to a $25.00 late fee. An account put on hold or suspension of service is not grounds for non-payment and may be grounds for the Company to terminate this agreement. The Subscriber is responsible for any accrued amount plus interest and any collection fees, if warranted. Accounts that are not collectable by Serversphere.com may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the Company a "Processing and Collection" Fee of not less than $50 and not more than $250. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Any account that is not on automatic credit card billing and is making a monthly payment in any other manner is required to make sure the payment is received by our office on or before the 1st of each month. Non-payment, even if by result of arriving late, may result in suspension of services.

Refunds and Disputes: All payments to Serversphere.com are non-refundable. There are no exceptions to this policy. This includes all setup fees and subsequent charges regardless of usage. All billing disputes must be reported within 30 days from the day when the Subscriber receives such bill. A dispute raised by the Subscriber with his credit card Company unilaterally, without first contacting Serversphere.com, which in Serversphere.com's sole discretion is a valid charge under the provision of TOS and AUP, will result in an administrative fee of not less then $75.00 and not more then $200.00.

Failure to Pay: The Company may deny services and terminate this agreement for non-payment. Such termination or denial of service does not relieve the Subscriber of any accrued charges, accrued interest or collection fees owed.

Account Cancellation: A request for account cancellation should be made at least 10 days before the end of the billing cycle and not more then 28 days before the next billing cycle. The billing cycle starts the first of every month. So for October, the billing cycle starts October 1st and for November, November 1st, and so on with all twelve (12) calendar months. An account can only be cancelled at the end of the billing cycle i.e. a calendar month, however the Subscriber may choose to have his account terminated between the billing cycles but is liable for payments for the whole billing cycle and no credits or refund will be issued.

1. To cancel an account you must supply your request in some form of writing to our offices. We offer the ability to cancel your services on our website as well through the support ticket system, but we do require cancellation in writing in the form of an email, fax or postal letter within 10 days after cancellation notice is given. services are suspended until such written notification is received and failure to deliver such notice may result in additional billing.
2. The cancellation is only effective upon receipt by Serversphere.com billing department.

Promotional offer(s): The Subscriber for any promotional programs agree to be bound by the terms of this TOS and AUP as any other Subscriber for the period of the promotion. At the end of the promotional period the service(s) will be terminated automatically if no information to the contrary is received from the Subscriber. This clause is applicable only to promotional offers and for the time period specified therein and is not applicable to any other service(s) and or where the promotional offer is not specified by in the order form.

Children: We do not offer services to children. We also do not allow accounts to be created on behalf of children by parents, guardians or adults. Accounts found to be used by children, defined for the purposes of this agreement as any individual person under the age of 16, shall be suspended and/or cancelled pending an investigation of the account. Children are not allowed to use any of the various means of communication on our website, including, if available, live chat room(s), discussion forum(s) or any messaging system(s) for the purpose of reply or dicussion.

SUPPORT BOUNDARIES

Serversphere.com provides technical support to Subscribers via our web portal at http://www.serversphere.com. Support personnel strive to answer all requests within a timely manner, however there is no guaranteed responsed time with a support request. Our goal internally is to answer all support requests within 2-3 hours of being submitted to our support ticket system. To this end, we have set up an internal monitoring system where tech support personnel are paged if a request sits idle on the system for more than one hour. However, technical support request response time is not guaranteed.

For customers who rent or lease the use of a server from a datacenter through Serversphere.com, the datacenter will maintain/replace/repair any hardware issues that may arise. However all support on any piece of hardware is subject to the warranty agreements of the supplier or manufacturer of the said hardware and/or equipment. In some instances this may lead to delays in restoring the service to the Subscriber. Serversphere.com is not responsible for such delays and is not responsible for any loss monetary or otherwise.

Without the purchase of a Protection Plan, or without an hourly remote server agreement, any support issues which require Serversphere.com's technical staff to work on a Subscriber's hardware and or equipment for problems not relevant to Serversphere.com's services will be charged at the rate $75.00/hour. This charge is subject to periodic change and it is the responsibility of the Subscriber to check on and understand the rates before any work is authorized. Work will not be started on any server until a minimum of one hour's work has been secured from the Subscriber.

Serversphere.com reserves the right to charge the current hourly rate in the event it provides technical service for anyone who falsely represents themselves to be a Serversphere.com Subscriber and authorizes work on hardware/equipment/services. Support is provided through the support ticketing system, which can be found by logging on to the website and going to the Help Center.

SPAM AND UNSOLICITED EMAIL (UE)

Serversphere.com Subscribers shall not themselves, or facilitate anyone else, to use the network or server system(s) to SPAM or send Unsolicited Email. We ask anyone who feels they are a victim of a spammer for which we provide service to report the incident via our Contact Us page and direct your message to our abuse department. We will investigate all reported incidents. Violations of this policy may carry severe penalties, including termination of services.

1. Upon Notification of first violation Serversphere.com will initiate an investigation and during this period may restrict Subscriber access to the network, as it considers necessary. An administrative fee of $250.00 may be charged to your account for violations at the end of an investigation. Serversphere.com will determine what is to be done with your account and penalty may result in termination of Subscriber's account.
2. On the second violation the same rules and/or penalties apply with the exception of the administrative fee, which will be $500.00.
3. As our Subscriber are responsible for their own action and that of their clients or users, it is in the best interest of the Subscriber to implement a similar or even more strict policy.

Indemnification: Subscriber will defend, indemnify and hold Serversphere.com and its owner(s), affiliates or representatives harmless from any and all liabilities, costs and expenses, including reasonable attorney's fees, related to any violation of the AUP and or TOS by the Subscriber or users of the Subscriber account, or in connection with the use of service or the Internet, or the placement or transmission of any message, information, software, or other materials on the Internet by the Subscriber or users of a Subscriber account.

Internet Relay Chats (also called IRC): Serversphere.com absolutely prohibits hosting of IRC or any services facilitating or relating to such kinds of services. Accounts harboring these services will be terminated fines may be levied against the Subscriber and absolutely no refund(s) will be issued for paid services.

Monitoring Obligations: Subscribers acknowledge that Serversphere.com has no obligation to monitor services in any way unless otherwise specified by contract, but that Serversphere.com has a right to monitor the service from time to time and to disclose any information as necessary to satisfy any law, regulation, ordinance or other government request, to operate the service properly, or to protect itself or its Subscriber. Serversphere.com shall not intentionally monitor or disclose any private e-mail message unless required by law. Serversphere.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable or in violation of this Acceptable Use Policy.

Responsibility For Usage And Contents: The Subscriber is responsible for the actions and usage of his users and/or clientele.

Serversphere.com is not liable for any damages your business may suffer and does not make any written or implied warranties for any of our service(s) and denies any warranty or merchantability for a particular purpose which may include but is not limited to loss of data resulting from delays, non-deliveries, wrong delivery and or any service(s) interruptions caused by Serversphere.com.

Serversphere.com reserves the rights to deny services to any Subscriber who is, or has been, in violation of any section within this agreement from any future service(s) until such time the Subscriber pays the outstanding charge from the Subscriber previous subscriptions to Serversphere.com services and those charges have been paid in full satisfaction. Serversphere.com further reserves the right to demand a security deposit from such Subscriber before providing them with any new or additional services.