Hosting License Agreement - Updated Jan 2016

PLEASE READ CAREFULLY - This agreement is simple and to the point.

Dedicated Sun Server's Hosting License Agreement (HLA) is provided to give our customers and users a clear understanding of what Dedicated Sun Server expects of them while using our servers and services. All users of Dedicated Sun Server's Internet services and servers: including those who access any of our servers, internet connected devices or consulting services on Dedicated Sun Server's owned equipment, as well as those who pay a service fee to subscribe to the Services, must comply with this HLA.

Use of Dedicated Sun Server's Internet service constitutes acceptance and agreement to Dedicated Sun Server's HLA. Dedicated Sun Server strives to provide its customers with the highest quality Internet service and Sun Servers available and at the same time respect the standards that have been created within the Internet community. To that end, Dedicated Sun Server believes that certain activities and conduct is inappropriate or abusive and will not be tolerated on the Dedicated Sun Server network.

Dedicated Sun Server supports the uncensored flow of information and ideas over the Internet. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services. However, in accordance with this HLA, we may remove any materials that, in our sole discretion, may be considered or thought to be illegal, may subject us to liability, or which may violate this HLA. Dedicated Sun Server will cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this HLA may result in the sus-pension or immediate termination of your Dedicated Sun Server account, connectivity or other actions as detailed in this HLA WITHOUT PRIOR NOTICE.

Dedicated Sun Server's Networks has several technology partnerships, most of which are designed to improve our operating efficiencies and provide excellent coverage for our customers. Our ISP customers may occasionally see a brief change on their web location bar when accessing certain websites. This has absolutely no bearing on the landing page they've requested and no effect on their online experience or speed. They are still taken to the page they've requested. Under no circumstances is Dedicated Sun Server logging or collecting any personal information whatsoever.

Use of Dedicated Sun Servers's equipment, services and Internet connection constitutes agreement NOT to file any form of LAW SUITE of ANY KIND AT ANY time towards DSS and or the PARENT OR SISTER COMPANIES, PARTNERS, CONTRACTORS and EMPLOYEES and your recourse is in the form of hosting termination. At no time will any monies be paid back to you UNLESS you have a separate signed Service Level Agreement in place with Dedicated Sun Server's with set expectations and remedies for failing to met set expectations. When a services invoice is submitted in the form of time sheet, expense or charge, you have 24 hours from the receipt of the email from our sales department to dispute or decline the charge. After a 24 hour period you AGREE that the said charge is valid, non-disputable and will be paid for in full within 7 days or via a payment plan in writing by Dedicated Sun Server's.

Dedicated Sun Server offers hosting and consulting services. If at any time your hosting or consulting services invoice is over due, Dedicated Sun Server has the right to SHUTDOWN your server or REVOKE server access due to non-payment, PERIOD! The server will be turned back on or access granted once the amount due is paid in FULL. If a payment plan has been made and NOT met for any reason, then the full amount is due in order to grant server access and or power the server back on.

If any hosting or services invoice is 60 days past due and in excess of $5000 USD, Dedicated Sun Servers will become the new owner of any and all IP on Dedicated Sun Servers property and has the right to sell all IP and all equipment not owned by Dedicated Sun Servers in order to pay for the outstanding bill due to Dedicated Sun Servers. Legal action will be taken against you to recover all amounts owed to Dedicated Sun Servers IF the sale/auction of the IP does not cover the full invoice owed to Dedicated Sun Servers. All expenses incurred to recover amounts owed to Dedicated Sun Servers will paid in full by you

By using Dedicated Sun Servers hosting equipment and consulting services, you agree to all the terms and stipulations stated on this web page.

If you do not agree, do NOT SIGN UP FOR OUR SERVICE, we make our HLA simple and to the point!

Violations of Dedicated Sun Server's Acceptable Use Policy and Hosting License Agreement

Illegal use: Use of Dedicated Sun Server's service to transmit any material (by e-mail, uploading, posting or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national, or international law, or any rules or regulations promulgated thereunder. Examples of such activities, includes but is not limited to, posting illegal copies of software on news servers or providing such software from your web space.

Threats and acts of Terrorism: Use of the Dedicated Sun Server's service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm, encourages destruction of property or promotes senseless hatred toward other groups of people in society is not permitted. This also includes communications or transmissions of any sort to others intended for the purpose of planning unspeakable acts against society. If Dedicated Sun Server becomes aware of any such activity it will be reported to the proper authorities without any notice to the customer.

Harassment: Use of Dedicated Sun Server's services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another user or member of society is not permitted.

Non Payment: Overdue or past due invoices is a clear violation to our ULA and HLD agreement. Your server will be turned off and or access restricted and or IP sold to recover our outstanding invoice.

Reselling: You may NOT resell or rent access to our servers, we only offer dedicated access to ONE customer per machine.

Harm to minors: Use of Dedicated Sun Server's services to harm, or attempt to harm, minors in any way, including, but not limited to child pornography or sexual solicitation is not permitted and may result in criminal charges.

Forgery or impersonation: Adding, removing or modifying identifying network header information in any manner in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Network Services: Malicious intent to impede another person's use of network services (defined as, but not limited to: e-mail, web browsing, domain name resolution) will result in the immediate termination of the offending account.

Mail/Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through Dedicated Sun Server's service is in violation of this HLA.

Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM): Use of Dedicated Sun Server's services to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate suspension and possible termination of the offending account. OPT-IN only lists, such as Listservs, are not exempt from this policy. Such E-mail lists must present the user with a verification of their subscription prior to sending e-mail to the recipient. This verification process must also be able to provide proof of the recipient's approval to prevent account termination.

Unauthorized access: Use of Dedicated Sun Server's service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Dedicated Sun Server or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Use of Dedicated Sun Server's service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software is in violation of this HLA.

Network disruptions and unfriendly activity: Use of Dedicated Sun Server's service for any activity which affects the ability of other people or systems to use Dedicated Sun Server's services or the Internet. This includes, but is not limited to, denial of service (DOS) and distributed denial of service (DDOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Subscriber's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination.

Distribution of Viruses or Hostile software: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

Network Performance: Dedicated Sun Server accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

Commercial Use Only: Dedicated Sun Server's service is intended for commercial, non-residential use ONLY. Any client found to be in violation of this policy shall incur immediate cessation of service and will be responsible to remedy the situation immediately in order to qualify for reinstatement of services. If client provides no remedy the contract for services will be terminated and client will be responsible for early termination fees as described in the Dedicated Sun Server Data Communications Agreement.

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