Max Dedicated, Inc. Acceptable Use Policy ("AUP") is provided to offer our clients and users a clear understanding of what Max Dedicated, Inc. expects of them while using the service. All users of Max Dedicated, Inc. services: those who access some of our services but do not have accounts, as well as those who pay a service fee to subscribe to the services, must comply with this policy.
Use of Max Dedicated, Inc. services constitute acceptance and agreement to Max Dedicated, Inc. AUP as well as Max Dedicated, Inc. TOS (Terms of Service)

Max Dedicated, Inc. supports the uncensored flow of information and ideas over the Internet medium and does not actively monitor subscriber activity under normal circumstances. Moreover, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroup, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP.

Max Dedicated, Inc. may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of your Max Dedicated, Inc. account WITHOUT PRIOR NOTICE.

Max Dedicated, Inc. stresses the following points:

Ensure reliable service to our customers

Ensure security and privacy of our systems and network, as well as the networks and systems of others

Comply with existing laws

Maintain our reputation as a responsible service provider

Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services

Preserve the value of Internet resources as a conduit for free expression and exchange of information

Preserve the privacy and security of individual users

Unacceptable activities:

Spamming (sending unsolicited advertising to those with which the customer has no existing business relationship)

Posting off-topic advertising in newsgroups/Usenet

Spoofing (using a return e-mail address which is not the valid reply address of the sender or sending an e-mail message which does not contain enough information to enable the recipient to identify the party who is really sending the message)

Passive spamming Max Dedicated, Inc. by spamming from some other source

Trolling (posting controversial messages in newsgroups to generate responses)

Mail bombing (inundating a user with e-mail without any serious intent to correspond)

Prohibited Content (Including but not limited to IRC activity, and warez)

Generating a higher volume of outgoing mail than a normal user (over 10% of available system resources)

Subscribing someone else to an electronic mailing list without that person's permission.

A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message.

Making an e-mail address available to the public does not constitute a request to receive messages.

Distribution of mass e-mailing programs is also prohibited. All recipients on a mailing list must have personally subscribed.

Mailing lists may not be used to distribute unsolicited e-mail.

Any customer repeatedly "mail bombed" or that attracts such behavior will be asked to leave.

Abuse of Max Dedicated, Inc. server resources, running programs in the background on Max Dedicated, Inc. server without Max Dedicated, Inc. prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more than 1000 e-mails a day and the like are not acceptable uses of Max Dedicated, Inc. servers. Further, any usage of ten percent (10%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds ten percent (10%) of system resources, your account maybe terminated immediately and without prior notice.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at admin[AT]Max Dedicated, Inc..net.

Violations of Acceptable Use Policy
The following constitute violations of this AUP:
Illegal use:

Max Dedicated, Inc. services may not be used for illegal purposes, or in support of illegal activities.Max Dedicated, Inc. reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm to minors:
Use of the Max Dedicated, Inc. services to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT

Threats:
Use of the Max Dedicated, Inc. services for transmitting any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment:
Use of the Max Dedicated, Inc. services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity:
Use of Max Dedicated, Inc. service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

Hacking/Cracking:
Max Dedicated, Inc., Inc. reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution. The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please contact admin[AT]Max Dedicated, Inc..net.

Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network. Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, web bots, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, win nuke, land, teardrop. Promulgation of viruses. IRC bots such as egg drop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.

IP numbers
Max Dedicated, Inc. maintains control and ownership of any and all IP numbers and addresses that may be assigned to the client and reserves in its right to change or remove any and all IP numbers and addresses.

IP Address Overlap:
Max Dedicated, Inc. administers the network on which customer servers reside. The customer may not use IP addresses not assigned to them by Max Dedicated, Inc. staff. If a user wishes to use their own IP numbers, they must comply with our AUP and its etiquette and procedures. In addition, they must supply their own routing equipment or rent it from Max Dedicated, Inc..

Unauthorized access
Use of the Max Dedicated, Inc. service to access, or to attempt to access the accounts of others, or to penetrate, or attempt to penetrate security measures of Max Dedicated, Inc. 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 Max Dedicated, Inc. account is subject to immediate termination.

Copyright or trademark infringement
Use of the Max Dedicated, Inc. 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.

Collection of personal data
Use of the Max Dedicated, Inc. service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Abuse of the law
Max Dedicated, Inc. services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited.

Max Dedicated, Inc. reserves the right to check system files, e-mail, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

Copyright Infringement - Software Piracy Policy
The Max Dedicated, Inc. network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.

Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail.

Network disruptions and unfriendly activity
Use of the Max Dedicated, Inc. service for any activity which affects the ability of other people or systems to use Max Dedicated, Inc. Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member'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. Max Dedicated, Inc. will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
 

Max Dedicated, Inc will be the sole arbiter as to what constitutes a violation of resource usage limitations.

Bandwidth: Overage fees will apply to any service utilizing more than it's assigned bandwidth allocation, except for those services advertised/sold as "UNMETERED". Overages will be calculated based on overall amount of GigaBytes (GB) transferred in a monthly period, unless a service is sold based on Megabits per Second (MBPS). Services sold by MBPS, will be calculated via the industry standard 95% method, unless specified in contract otherwise. MRTG or other bandwidth reporting is available upon request for all services. Client is responsible for all usage, and any corresponding overages fees, that result from a service that may be hacked and/or flooding. Max Dedicated may require a deposit should a client utilize/require large amounts of bandwidth beyond their standard bandwidth allocation.

Port Usage: Basic Dedicated & Co-Located servers are installed on 100MBPS unthrottled ports, unless  specified/requested as a capped port. Max Dedicated reserves the right to monitor network usage, and if a service significantly exceeds average usage, to throttle the available speed to conserve network resources and to prevent any large billing anomalies. This will generally not include short spikes in usage, but will include, but not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If at any time any client's data transfer rate affects other Max Dedicated clientele, Max Dedicated reserves the right to throttle and/or disconnect the service causing such a problem.

Filtering: Max Dedicated, Inc reserves the right to block/filter or throttle ports and/or ip address ranges, at its discretion. This may include, for example, blocking Port 6667 (IRC), denying access from a known-spamming IP address range, or limiting the speed of point-to-point file-sharing programs (Kazaa, Limewire, Donkey, etc...). This may also include giving priority to certain traffic types, such as Voice-over-IP (VOIP) phone call transmissions.

Virtual Hosting: Max Dedicated, Inc is pleased to offer our Virtual Hosting clientele unlimited traffic/hits and server usage. Unlimited Traffic/Hits refers to the number of visitors to your website, NOT the amount of bandwidth/data transfer. Your account is still limited to the alotted bandwidth/data transfer included with your selected package. To maintain the integrity of our service, the following usage may be limited/disallowed on Virtual Hosting service:

Banner, graphic, or CGI scripts running from the service, and being utilized on other domains/websites
Large graphic or download archives/galleries
Large chat room gatherings
Heavy system resource utilization
If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or, Max Dedicated may relocate your site to a different server and/or IP address, to reduce the load on the server on which you are currently residing.
Virtual Private Servers (VPS): To maintain the integrity of our service, VPS service that utilizes heavy amounts of system resources may be required to be upgraded, or, Max Dedicated may relocate your site to a different server and/or IP address, to reduce the load on the server on which you are currently residing.

Internet Access: Max Dedicated, Inc does not allow multiple dial-in connections on a single dial-up access account. Multiple computers/networks are permitted to utilize a single Max Dedicated Internet Access service. Internet Access clientele are responsible for maintaining/securing their computer systems, and should such become infected with a virus and/or spyware which causes/threatens harm to the Max Dedicated network, Max Dedicated may at its discretion suspend service until which time the source of the problem is found and corrected.

Backup Service: To maintain the integrity of our service, Max Dedicated, Inc may relocate your backup service to a different server and/or IP address, to reduce the load on the server on which you are currently residing. Download/FTP sites, web-serving (httpd), and/or usage that results in heavy upstream/outgoing bandwidth consumption beyond that of normal backup operations is not permitted on the backup service. This service is meant for the backup/restore/sharing/storing of data/files, and not for usage normally performed by web/database servers.


Idle Timeouts:
Max Dedicated, Inc may disconnect any idle connection to the network.
Average timeouts are:
FTP - 300 seconds
Dial-Up - 10-15 minutes
Telnet/SSH - 2 hours



Abusive Clientele:
Max Dedicated, Inc may at it's discretion suspend or terminate service of any client that is abusive/harassing to Max Dedicated and/or Max Dedicated employees. Examples of such activity include, but are not limited to;

Verbal abuse - cursing, yelling, threatening, etc...
Ongoing disregard for warnings or notices
Consistent mistakes/errors/changes causing unnecessary workload
Spamming Max Dedicated email addresses, ticket systems, or servers
Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage
Consistent late payments or responses
Issuing a chargeback or bouncing a payment
Continuous activation of problematic end-users
Activity which affects the service(s) of other Max Dedicated clientele

Fraud
Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right:
Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Distribution of Viruses
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.

Inappropriate Use of Software
Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Max Dedicated, Inc. services could result in suspension service.

Third Party Accountability
Max Dedicated, Inc. subscribers will be held responsible and accountable for any activity by third parties, using their account that violates guidelines created within the Acceptable Use Policy.

Security
You are responsible for any misuse of your account, even if a friend, family member, guest or employee committed the inappropriate activity. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure.

Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

Users who violate systems or network security may incur criminal or civil liability. Max Dedicated, Inc. will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Backups
Full backups are made monthly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content. If loss of data occurs due to an error of Max Dedicated, Inc., Max Dedicated, Inc. will attempt to recover the data at no charge to the client.

Network Performance
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 results in impaired network performance is prohibited by this policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time, memory, hard disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Max Dedicated, Inc. Solutions systems or networks. Max Dedicated, Inc. reserves the right to terminate or limit such activities.

Acceptable Use Policy Amendments and Changes
Max Dedicated, Inc. reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

Limitation of Liability
Max Dedicated, Inc. shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Max Dedicated, Inc. servers going off-line or being unavailable for any reason whatsoever. Further, Max Dedicated, Inc. shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Max Dedicated, Inc. servers. All damages shall be limited to the immediate termination of service. Max Dedicated, Inc. shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Max Dedicated, Inc. reserves the right to terminate an account at any time and for any reason that causes harm to any Max Dedicated, Inc. customer's websites. Max Dedicated, Inc. reserves the right to delete all content and files upon termination. Max Dedicated, Inc. reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Max Dedicated, Inc. reserves the right to refuse, cancel, or suspend service at our sole discretion. Max Dedicated, Inc. reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent. Violations of these Acceptable Uses Policies should be referred to admin[AT]Max Dedicated, Inc..net.

Billing inquiries
Please Send an email to billing @ tenamax.com or our Sales department including your Login, Domain and Hosting Plan.

Canceling any service?
Send an e-mail to our sales or billing @ tenamax.com department  with your domain name or the server IP address in the subject line and include any pertinent information so that we may locate your account information in order to avoid any possible delays. We will then confirm with you via e-mail to the primary account that is registered with us. If this is not updated, then we must confirm via voice. We will also require that you send us a fax as this is an additional security feature.

Refund Policy
All virtual Web hosting plans and reseller packages offer a 30-day money back Guarantee related to the Uptime and Server Problems, with exception of the administration fee [set up fee]. Dedicated Server's are NON-REFUNDABLE unless otherwise specified. The refund will be issued within 48 hours of your request. This policy refers only to virtual hosting services and reseller services. Dedicated, co-location, managed, complex and extended solutions are not eligible for a refund.

Any other refund requests must be forwarded to our sales department with your account name (domain name) and a contact name and number where we can reach you, in order to start the confirmation process. This is the only way to initiate this process. There are no refunds after the first 30-day period. Customers who make a prepayment for a longer period of time will not be able to get a prorated refund unless we choose so. Non-payment will result in suspension and/or termination of service. The client is responsible of paying Max Dedicated, Inc. every month the amount due for rendered services.

If you have any other general questions, our live help will gladly assist you with your questions/concerns.


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Max Dedicated, Inc. is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the Max Dedicated, Inc.™ network. The Max Dedicated, Inc.™ Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of Max Dedicated, Inc.™ web hosting, reseller, dedicated server, co-location, e-commerce, high speed wireless, and dial-up/dedicated access services.

Uptime Guarantee:
Max Dedicated, Inc.™ strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is is calculated solely by Max Dedicated, Inc.™ monitoring systems or Max Dedicated, Inc.™ authorized/contracted outside monitoring services. If Max Dedicated, Inc.™ fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. Max Dedicated, Inc.™ does not credit a full month's service for minor downtime. This would not be financially healthy for Max Dedicated, Inc.™, and in turn would only negatively affect the service level Max Dedicated, Inc.™ provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, Max Dedicated, Inc.™ may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.

Exceptions:
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Max Dedicated, Inc.™ network caused by or associated with:

* Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (i.e....fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
* Telco Failure (i.e....Verizon™ cutting a fiber line somewhere)
* Backbone peering point issues (i.e....UUnet™ having a router go down in Virginia that wipes out internet service for the entire East Coast)
* Scheduled maintenance for hardware/software upgrades
* Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Max Dedicated, Inc.™ utilizes only name brand hardware of the highest quality and performance.
* Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime)
* DNS issues not within the direct control of Max Dedicated, Inc.™
* Network floods, hacks, attacks from outside parties or individuals
* Failure or error of any Max Dedicated, Inc.™ monitoring or measurement system
* Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of Max Dedicated, Inc.™ service(s) in breach of Max Dedicated, Inc.™ Policy and Service Guidelines (AUP), by Client or others authorized by Client.

Connectivity:
Max Dedicated, Inc.™ goal is to make the Max Dedicated, Inc.™ network available to Client free of outages for 99.5% of the time. An "outage” is defined as an instance in which Client is unable to transmit and receive IP packets due to a Max Dedicated, Inc.™ service failure for more than 15 consecutive minutes, excluding service failures relating to Max Dedicated, Inc.™ scheduled maintenance and upgrades. The Max Dedicated, Inc.™ network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. Max Dedicated, Inc.™ goal is to keep Average Round-Trip Latency on the Max Dedicated, Inc.™ network to 85 milliseconds or less. Max Dedicated, Inc.™ defines “Average Round-Trip Latency”, with respect to a given month, as the average time required for round-trip packet transfers between the Max Dedicated, Inc.™ network and major US backbone peering points during such month, as measured by Max Dedicated, Inc.™. Max Dedicated, Inc.™ goal is to keep Average Packet Loss on the Max Dedicated, Inc.™ network to 1% or less. Max Dedicated, Inc.™ defines “Average Packet Loss”, with respect to a given month, as the average percentage of IP packets transmitted on the Max Dedicated, Inc.™ network during such month that are not successfully delivered, as measured by Max Dedicated, Inc.™.

Measurement:
Max Dedicated, Inc.™ will periodically (on average every 5 minutes) monitor Max Dedicated, Inc.™ network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that that such measurements may not measure the exact path traversed by Client’s internet connection, and that such measurements constitute measurements across the Max Dedicated, Inc.™ network but not other networks to which Client may connect. Max Dedicated, Inc.™ reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by Max Dedicated, Inc.™ and made available to Client.

Hardware Failure:
Max Dedicated, Inc.™ stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. Max Dedicated, Inc.™ utilizes only name brand hardware of the highest quality and performance. Max Dedicated, Inc.™ will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site Cisco™ engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current Max Dedicated, Inc.™ contracts with Cisco™ and backbone providers in regard to the emergency repair service in case of such an issue. Max Dedicated, Inc.™ will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades. Max Dedicated, Inc.™ will replace all faulty hardware on all non-purchased dedicated and wireless access customer premise equipment, at no charge to the Client, unless equipment has been tampered with, or damage is caused by direct neglect/action(s) of Client.

Credits:
Credit requests must be made on the Max Dedicated, Inc.™ web site, by contacting them. Each request in connection with network/server outages/downtime must be received by Max Dedicated, Inc.™ within five days of the occurrence. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by Max Dedicated, Inc.™ within five days after the end of such month. The total amount credited to a Client for Max Dedicated, Inc.™ not meeting SLA service levels will not exceed the service fees paid by Client Max Dedicated, Inc.™ for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after Max Dedicated, Inc.™ receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by Max Dedicated, Inc.™. Upon Client’s request (in accordance with the procedure set forth below), Max Dedicated, Inc.™ will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to Max Dedicated, Inc.™ and confirmed by Max Dedicated, Inc.™ measurement reporting. Such credit will be equal to one day’s worth (1/30th) of the monthly fees paid by Client, (for all service fees paid if network outage, or specific affected service fees paid if individual server downtime) multiplied by each hour (or portion thereof rounded to nearest next hour) of the cumulative duration of such outage/downtime. If Average Round-Trip Latency on the Max Dedicated, Inc.™ network for a calendar month exceeds 85 milliseconds, then upon Client's request, Max Dedicated, Inc.™ will issue a credit to Client equal to six day's worth (1/5th) of the monthly service fees paid by Client for such month. If Average Packet Loss exceeds 1% during a calendar month, then upon Client’s request, Max Dedicated, Inc.™ will issue a credit to Client equal to six day's worth (1/5th) of the monthly service fees paid by Client for such month.

General:
Max Dedicated, Inc.™ reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, Max Dedicated, Inc.™ makes no claims regarding the availability or performance of the Max Dedicated, Inc.™ network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service Agreement signed/agreed by client. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.


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Performance. Max Dedicated, Inc. agrees to provide and customer agrees to purchase the services requested by customer from the website, in email or in writing. Customer may add services via any of the 3 methods and agrees to pay in advance for them whether they be 1 time charges or recurring monthly fees.

Changes. No changes to this agreement shall be binding except those in writing counter-executed by both parties. Deviations in pricing shall be agreed to in writing. Email confirmed by both parties shall suffice.

Invoices, Payment. Max Dedicated, Inc. will invoice Customer for Fees and Expenses monthly; provided, however, that Max Dedicated, Inc. may invoice Customer for Fees and Expenses associated with Service(s) provided pursuant to a customer request immediately upon Max Dedicated, Inc.' provision of such Service(s). Customer acknowledges that Max Dedicated, Inc. will invoice certain Service(s) (including without limitation telecommunications services) in advance of the provision of such Service(s). Payment shall be due immediately upon the invoice date for recurring monthly services whether or not customer has received an invoice yet or not. Invoices which remain unpaid fifteen (15) days after receipt of same by Customer shall accrue interest at a rate of one and a half percent (1.5%) per month (or at the maximum interest rate otherwise allowed by law) until paid in full and service may be terminated for non payment after 7 days at Max Dedicated, Inc. option. Expenses shall be included on an invoice only to the extent that the actual amount of Expenses is known to Max Dedicated, Inc. at the time the invoice is issued, and Expenses for which an actual amount is not known to Max Dedicated, Inc. at the time an invoice is issued may be included on subsequent invoices. Unless otherwise agreed in writing by the Parties, the failure of Max Dedicated, Inc. to include earned or incurred Fees or Expenses on a given invoice shall not relieve Customer of its obligation to pay such Fees or Expenses. Customer's obligation to pay Fees or Expenses shall survive the termination of this Agreement for any reason whatsoever.

Bandwidth Overages. Customer agrees that advertised bandwidth allowances represent the sum of the incoming and outgoing allowances, such that the incoming bandwidth allowance is half of the advertised value and the outgoing bandwidth allowance is half of the advertised value. Customer agrees that bandwidth usage that exceeds the allowance either incoming or outgoing shall be billed at $1.00 per Gigabyte.

Security Interest. Customer grants Max Dedicated, Inc. a blanket security interest in the customer's contract with their customers who are renting servers from them in the Max Dedicated, Inc. data center in the event of non-payment by customer - customer agrees that Max Dedicated, Inc. may take these customer contracts direct without a tortuous interference claim to protect the credit balance owed Max Dedicated, Inc. by customer and full ownership of the contracts shall transfer as well if balance is more than 60 days old.

Term. The term of this Agreement shall begin upon the date the server is installed and made available to customer and shall be for 1 month and shall renew for successive 1 month terms until terminated by either Party upon the sooner of (i) thirty (30) days prior written notice to the other Party, or (ii) the expiration or termination of all Service(s) set forth in the Statement of Work and all Work Order(s).

Termination Due to Breach. In the event that Customer commits a material breach of any of its obligations hereunder, Max Dedicated, Inc. may terminate this Agreement or (at Max Dedicated, Inc.' sole option) suspend, interrupt or terminate one or more Service(s) to which such breach pertains by sending written notice of termination to Customer with termination effective as of the fifth (5th) calendar day after the date such notice is given.

Effects of Termination. Unless the Parties agree otherwise in writing, termination of the Agreement shall also serve to terminate all Service(s) and Statements of Work and to cancel all Work Orders, and Customer shall pay Max Dedicated, Inc. all Fees and Expenses earned or incurred by Max Dedicated, Inc. pursuant to such Service(s), Statements of Work and Work Orders through the date of termination, less any payments made hereunder by Customer prior to said termination. Additionally, all property of each Party which is in possession of the other Party shall be returned to its owner. In the event one or more Service(s) is terminated prior to the expiration of the Term for such Service(s) (other than due to a material breach of this Agreement by Max Dedicated, Inc..

Warranties of Max Dedicated, Inc.. 100% uptime
Max Dedicated, Inc. warrants that the Service(s) shall be provided in a workmanlike and professional manner. Upon Max Dedicated, Inc.'s breach of the foregoing warranty, Customer's sole and exclusive remedy shall be to require Max Dedicated, Inc. to exercise commercially reasonable efforts to repair or replace the nonconforming Service(s); provided, however, that, with respect to any Service(s) which are interrupted or rendered inoperable due solely to Max Dedicated, Inc.'s breach of the foregoing warranty for any time period, Customer shall also be entitled to a pro-rata refund of any Fees attributable to the interrupted or inoperable Service(s) in an amount determined by multiplying the fixed monthly, recurring Fees (if any) for the interrupted or inoperable Service(s) by the ratio that the number of consecutive hours of inoperability bears to 720 hours (for the purpose of this computation, each month is deemed to have 720 hours). Max Dedicated, Inc. will not be liable to any extent whatsoever for interruption, restriction, inoperability or malfunction of any Service(s) which is not caused solely by a breach of the warranty set forth in this Section 4.1. Max Dedicated, Inc. expressly reserves the right to suspend, interfere with, impair or terminate Service(s) as necessary for purposes of maintenance, upgrades or repair (either by Max Dedicated, Inc. or by any supplier, partner or independent contractor of Max Dedicated, Inc.) or in the event of any circumstance which Max Dedicated, Inc., in its sole discretion, deems necessary or desirable to prevent or remedy an impairment of, or harm to, the integrity or functionality of any Service(s) or any plant, services or facilities of any Indemnities (as defined in Section 4.3) or of any third party, and neither the exercise nor the non-exercise of the foregoing rights or discretion shall constitute a breach of any provision of this Agreement.

EXCEPT AS SET FORTH IN SECTION 4.1.1, Max Dedicated, Inc. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONTRACTUAL OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF UNINTERRUPTED OR ERROR-FREE OPERATION AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE(S) OR ANY ASPECT THEREOF, AND ALL WARRANTIES WITH RESPECT THERETO ARE HEREBY EXPRESSLY DISCLAIMED. Customer expressly acknowledges and agrees that proper provision of the Service(s) is dependent upon the provision to Max Dedicated, Inc. by Customer of timely and accurate information regarding (i) Customer's needs and expectations regarding the Service(s), and (ii) all operational, technological or other data which Customer knows or should know is relevant to the provision of the Service(s) (collectively "Information"). Customer shall provide the Information to Max Dedicated, Inc. in a timely manner and the Information shall be accurate. Customer agrees that, in the event of Customer's breach of its obligations in this Section 4.1, the warranty set forth in Section 4.1 shall be null and void.

Warranties of Customer. Customer hereby covenants, represents and warrants that:
Customer will not, and will not permit others to, use any Service(s) (i) for any unlawful or illegal purpose or in connection with or in furtherance of any unlawful or illegal activity, (ii) in violation of any applicable law or regulation, (iii) in a manner that will, or is likely to, infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the right of privacy, publicity or other personal rights of others, or (iv) in connection with any conduct or activity that is, in the sole opinion of Max Dedicated, Inc., defamatory, indecent, obscene, offensive, threatening, abusive, hateful, tortuous or violative of the rights of any other person or entity; Customer will not, and will not permit others to, do any act which may interfere with or compromise the security or functionality of any Service(s), including without limitation attempting to probe or test the vulnerability of any system or network connected to or accessible by the Service(s); No equipment owned, leased, maintained by or controlled by Customer or by any third party which is connected to or utilized the Service(s) with the consent of Customer will (i) interfere with or impair any Service(s) or any plant, services or facilities of any Indemnities or of any third party, (ii) unlawfully interfere with or impair the transmission of privacy of any data or communications transmitted over the Service(s) or over any plant, services or facilities of any Indemnities or of any third party, or (iii) create, cause or contribute to the creation or causing of a hazard to any Indemnities or to any third party;

Indemnification. Max Dedicated, Inc. reserves the right to suspend, interrupt or terminate any Service(s) or this Agreement immediately without further notice in the event of a breach by Customer of Section 4.2. Max Dedicated, Inc. reserves the right to remove, delete, disable or block transmission of any data or materials which Max Dedicated, Inc. reasonably believes constitute, either alone or in conjunction with other acts, omissions or data or materials, a breach or potential breach by Customer of Section 4.2. Customer agrees to defend, indemnify and hold harmless Max Dedicated, Inc., its successors or assigns, subsidiaries, officers, directors, employees, agents, independent contractors, licensees, licensors, suppliers and customers (excluding Customer) (collectively "Indemnities") against any and all claims, liability, loss, damage, or harm (including without limitation reasonable legal and accounting fees) suffered by such Indemnities (including without limitation claims, liability, loss, damage, or harm in connection with death, bodily injury or injury to real or personal property) arising from or in connection with (i) Customer's purchase or use of any Service(s), including without limitation any claims, liability, loss, damage, harm suffered by such Indemnities arising from or in connection with the use by any third party of any Service(s) purchased by Customer regardless of whether such use was authorized by Customer, or (ii) Customer's breach of any provision of this Agreement.

Limitation of Liability. Any other provision of this Agreement to the contrary notwithstanding, the aggregate liability of all Indemnities for any losses or damage, whether direct or indirect, arising out of or in connection with the Service(s), including without limitation any cause of action sounding in contract, tort or strict liability, shall be limited to actual, direct damages incurred but in no event shall exceed the greater of (i) One Thousand Dollars, or (ii) the Fees paid by Customer to Max Dedicated, Inc. during the two (2) months preceding the month in which liability arose for the Service(s) in connection with which such liability arose. Max Dedicated, Inc. shall not be liable for lost profits or other consequential damages, cover damages, or for any claims against Customer by any third party, even if Max Dedicated, Inc. was advised of the possibility of same. Under no circumstances shall Max Dedicated, Inc. be liable hereunder for special damages, consequential damages, general damages, incidental damages, indirect damages, or exemplary or punitive damages. No action arising out of this Agreement, regardless of form, may be brought by Customer against Max Dedicated, Inc. more than one (1) year after the cause of action arose. Without limiting the foregoing:

Customer acknowledges that Max Dedicated, Inc. is not responsible for controlling or monitoring any content, information, data or other materials stored on, transmitted via, or accessible through use of, the Service(s), and Max Dedicated, Inc. will have no liability to Customer whatsoever in connection with such content, information, data or other materials (including without limitation the accuracy or suitability thereof or unauthorized access or damage to, alteration, theft, corruption destruction or loss of, Customer's data or other materials); Max Dedicated, Inc. will have no liability to Customer whatsoever in connection with any harm or loss arising from or in connection with unauthorized access to the Service(s); and all Indemnities are expressly made third party beneficiaries of this Section 5.

This Section 5 shall survive expiration or termination of this Agreement for any reason whatsoever.

Max Dedicated, Inc. and Customer acknowledge that proprietary and confidential information (including without limitation trade secrets) (collectively "Proprietary Information") of each Party may be disclosed to the other Party throughout the term of this Agreement. Each Party agrees to not reverse engineer, decompile, disclose to any third party, or to use for any purpose not strictly required for such Party's performance hereunder, such Proprietary Information except to the extent that such Proprietary Information was: (i) made publicly available by the owner of the Proprietary Information or lawfully disclosed by a non-party to this Agreement; (ii) lawfully obtained from any source other than the owner of the Proprietary Information; (iii) independently developed by personnel of the receiving Party to whom Proprietary Information had not been previously disclosed and not based on or derived from such Proprietary Information; or (iv) previously known to the receiving Party without an obligation to keep it confidential. Customer will not contract directly with any subcontractor relationships that Max Dedicated, Inc. has under this agreement or are connected to future services related to this agreement or that are of the same nature. Anything to the contrary herein notwithstanding, Max Dedicated, Inc. may disclose such information to its successors or assigns, subsidiaries, officers, directors, employees, agents, independent contractors, licensees, licensors and suppliers which have signed and are bound by a suitable non-disclosure agreement with Max Dedicated, Inc. in order for Max Dedicated, Inc. to perform the service in this contract. The obligations set forth in this Section 6 shall survive the termination of this Agreement for any reason whatsoever for a period of three (3) years; provided, however, that, with respect to Proprietary Information which constitutes a trade secret, the obligations set forth in this Section 6 shall survive the termination of this Agreement for any reason whatsoever for so long as such Proprietary Information constitutes a trade secret under applicable law.

Force Majeure. If either Party shall be prevented from performing any portion of this Agreement (except the payment of money) by causes beyond its control, including labor disputes, civil commotion, war, governmental regulations or controls, casualty, inability to obtain materials or Service(s) or acts of God, such Party shall be excused from performance for the period of the delay and the time for such Party's performance shall be extended for a period of time equal to the duration of such delay.

Construction, Venue, Jurisdiction. This Agreement and any claim, action, suit, proceeding or dispute arising out of or in connection with this Agreement shall in all respects be governed by, and interpreted in accordance with, the substantive laws of the State of Georgia. Venue for any actions arising under this Agreement shall vest exclusively in courts located in the State of Georgia. Customer hereby submits to the jurisdiction of the aforementioned courts, and agrees that it will not assert lack of personal jurisdiction as a defense to any such action. Customer acknowledges that their attorney has reviewed and participated in the construction of this document and nothing herein shall be viewed as to have favorable construction.

Waiver. No waiver of any right or remedy shall be valid unless in writing and delivered to the other Party, and waiver of a right or remedy on one occasion by a Party shall not be deemed a waiver of such right or remedy on any other occasion.

Integration. This Agreement, including all referenced or attached exhibits, schedules, attachments or documents, sets forth the entire agreement and understanding between the Parties pertaining to their subject matter and supersedes all prior or contemporaneous discussions, agreements, promises or understandings between the Parties. Neither Party shall be bound by any conditions, definitions, warranties, understandings or representations with respect to such subject matter other than as expressly provided in this Agreement.

Superior Agreement. This Agreement shall not be supplemented or modified by any course of dealing or trade usage. Addition to or variance from the terms and conditions of the Agreement by Customer, including without limitation any additional or varying terms contained in Customer's preprinted forms, correspondence or other documents transmitted to Max Dedicated, Inc., shall be of no effect, unless otherwise expressly provided in the Agreement.

Assignment. This Agreement is not assignable by Customer, in whole or in part, voluntarily or involuntarily, including by operation of law or by merger in which Customer does not survive, without Max Dedicated, Inc.'s prior written consent. Any attempted assignment without Max Dedicated, Inc.'s written consent shall be null and void.

Notice. Unless otherwise agreed to by the Parties, all notices required under the Agreement shall be delivered in writing, addressed and sent to the address provided herein and to the attention of the Party executing the Agreement or the person's successor, by either (i) registered mail, (ii) certified mail, return receipt requested, or (iii) overnight mail, or (iv) by telephone facsimile transfer (v) email that is replied to as accepted - appropriately directed to the attention of the Party executing the Agreement or that person's successor. Unless otherwise agreed to by the Parties, all notices required under the Agreement shall be deemed effective when received.

Severability. If any provision of the Agreement is held invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same Agreement.

Acceptance - payment of customer of the first months fees shall constitute acceptance of this agreement. This agreement shall be modified from time to time by Max Dedicated, Inc. and the then current version shall be posted on the Max Dedicated, Inc. website. If customer does not agree to the new terms - customer should cease utilizing the services at the next term.

If you are terminated due to a violation of our terms of service you agree that you will not receive any partial refunds and that this shall be considered a reasonable estimate of the liquidated damage and not a penalty.

What Uses are Prohibited?

Unacceptable use includes, but is not limited to, any of the following:

1.Posting, transmission, re-transmission, or storing material on or through any of Max Dedicated, Inc.'s products or services, if in the sole judgment of Max Dedicated, Inc. such posting, transmission, re-transmission or storage is: (a) in violation of any local, state, federal, or non-United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (b) threatening or abusive; (c) obscene; (d) indecent; or (e) defamatory. Each customer shall be responsible for determining what laws or regulations are applicable to his or her use of the products and services.
2.Installation or distribution of "pirated" or other software products that are not appropriately licensed for use by customer.

3.Deceptive marketing practices.

4.Actions that restrict or inhibit anyone - whether a customer of Max Dedicated, Inc. or otherwise - in his or her use or enjoyment of Max Dedicated, Inc.'s products and services, or that generate excessive network traffic through the use of automated or manual routines that are not related to ordinary personal or business use of Internet services.

5.Introduction of malicious programs into the Max Dedicated, Inc. network or servers or other products and services of Max Dedicated, Inc.(e.g., viruses, Trojan horses and worms).

6.Causing or attempting to cause security breaches or disruptions of Internet communications. Examples of security breaches include but are not limited to accessing data of which the customer is not an intended recipient, or logging into a server or account that the customer is not expressly authorized to access. Examples of disruptions include but are not limited to port scans, flood pings, packet spoofing and forged routing information. This also includes no IRC on the network

7.Executing any form of network monitoring that will intercept data not intended for the customer.

8.Circumventing user authentication or security of any host, network or account.

9.Interfering with or denying service to any user other than the customer's host (e.g., denial of service attack).

10.Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable a user's terminal session.

11.Failing to comply with Max Dedicated, Inc.'s procedures relating to the activities of customers on Cogent-owned facilities.

12.Furnishing false or incorrect data on the order form contract (electronic or paper) including fraudulent use of credit card numbers or attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization or other methods to document "use" of Max Dedicated, Inc.'s products or services.

13.Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of the customer or with whom the customer does not have an existing business relationship (e.g., E-mail "spam").

14.Harassment, whether through language, frequency, or size of messages.

15.Unauthorized use or forging of mail header information.

16.Solicitations of mail or any other E-mail address other than that of the poster's account or service, with the intent to harass or collect replies.

17.Creating or forwarding "chain letters" or other "pyramid schemes" of any type.

18.Use of unsolicited E-mail originating from within the Cogent network or networks of other Internet Service Providers on behalf of or to advertise any service hosted by Max Dedicated, Inc. or connected via the Max Dedicated, Inc. network.

19.Exporting, re-exporting, or permitting downloads of any content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions.

No failure or delay in exercising or enforcing this policy shall constitute a waiver of the policy or of any other right or remedy. If any provision of this policy is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the policy shall remain in effect.

Abusable Resources

Upon notification of the existence of an abusable resource (e.g., open news server, unsecured mail relay, or smurf amplifier), the customer shall immediately take all necessary steps to avoid any further abuse of such resource. Any abuse of an open resource that occurs after the customer has received such notification shall be considered a violation of this policy and enforced as such.

Enforcement

Max Dedicated, Inc. may immediately suspend and/or terminate the customer's service for violation of any provision of this policy upon verbal or written notice, which notice may be provided by voicemail or E-mail. Prior to suspension or termination, Max Dedicated, Inc. attempts to work with our customers to cure violations of this policy and ensure that there is no re-occurrence; however, Max Dedicated, Inc. reserves the right to suspend or terminate based on a first offense.

Electronic Communications Privacy Act Notice

Max Dedicated, Inc. makes no guarantee of confidentiality or privacy of any information transmitted through or stored upon Max Dedicated, Inc. technology, and makes no guarantee that any other entity or group of users will be included or excluded from Max Dedicated, Inc.'s network. In addition, Max Dedicated, Inc. may periodically monitor transmissions over its network for maintenance, service quality assurance or any other purpose permitted by the Electronic Communications Privacy Act, P.L. No. 99-508, as amended.

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