Terms of Service Agreement

By submitting the online order form below, Subscriber hereby agrees to the following:

- In consideration for hosting services to be delivered, Subscriber agrees to be bound to the following terms:
   • Subscriber agrees to pay for hosting services rendered in advance of each monthly service term.
   • Subscriber agrees to be bound by the service term selected on the online order form or via applicable       promotional codes.
   • Subscriber agrees to a no-refund policy in advance, except as noted in our service guarantee.
   • Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured       within 5 days of notice. Subscribers failing to secure payment within 5 days of notice will incur service       interruption and $20 reconnection fee.
   • Service Cancellations must be submitted using the Support Ticket System (http://s3servers.com/support)
      at least 7 days before your next monthly billing cycle.
   • S3Servers.com is not responsible for data integrity on accounts terminated for non-payment.
   • California residents agree to pay all taxes applicable to your account.

- S3Server.com does not guarantee the existence, accuracy, or regularity of its backup services. Subscriber
  is therefore responsible for making their own back-up files. Backup capability is available through the
  Subscriber’s Control Panel.

- Subscriber agrees to adhere to the S3Servers.com Acceptable Use Policy. (http://s3servers.com/aup.php)

- Subscriber agrees not to engage in activity that violates federal (United States), state (California) or local (Contra Costa  County) laws applicable to the service terms described herein.

- S3Servers.com reserves the right to discontinue service to any subscriber it deems, in its sole discretion,   violates any condition of service including the Acceptable Use Policy and Terms of  Services.

- Subscriber agrees to indemnify and hold harmless S3Servers.com and the employees and agents of   S3Servers.com against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments   (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or   relate to this Agreement or Subscriber's use of the Services and Products, and will reimburse an Indemnified   Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in   connection with investigating, defending or settling any Loss whether or not in connection with pending or   threatened litigation in which such Indemnified Party is a party.

- S3Servers.com SHALL NOT BE LIABLE FOR i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL   DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE   S3SERVER.COM'S SERVICES AND PRODUCTS BY SUBSCRIBER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF   DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS   S3SERVER.COM PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND,   WHETHER EXPRESS OR IMPLIED S3SERVER.COM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT   LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE   SUBSCRIBER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES   AND PRODUCTS AND S3SERVER.COM SHALL HAVE NO LIABILITY THEREFORE.

- Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH   THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE   COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE   AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

- Notices. Unless otherwise specified herein, any notices or other communications required or permitted   hereunder shall be sufficiently given if in writing and delivered personally or sent by internationally recognized   overnight courier, registered or certified mail, to the address of Subscriber as set forth in the Service   Descriptions or S3Servers.com as set forth below. Such notices or other communications shall be deemed   received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received, if   sent by facsimile, (iii) on the business day (or, if international, on the second business day) after being sent by   an internationally recognized overnight air courier or (iv) five days after being sent, if sent by first class   registered mail, return receipt requested.

   • S3Servers.com
      30 Winterwood Ct
      Danville, CA 94526

- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of   California, without regard to choice of law provisions that would cause the application of the law of another   jurisdiction.