VPS & Dedicated Hosting Service Contract

Attention New Customers — If you wish to sign up for a Pair Networks virtual or dedicated server, please read and agree to the electronic version of this contract in our sign up system. You do not have to print and fax back this contract.

Pair Networks is a Web Presence Provider. Pair Networks Dedicated and Virtual Private Servers are services provided by Pair Networks whereby dedicated and/or virtual Internet servers can be used with Pair Networks services. The use of such servers is subject to compliance with the terms and conditions set forth herein.

It is agreed between the User and Pair Networks that all services provided by Pair Networks hereunder are delivered at the location of the servers, in other words at data centers located within the territorial USA. Although the account User may be physically located outside of the USA when the account is opened, or at any time thereafter, it is irrevocably and absolutely agreed and understood that delivery of the service(s) takes place within the USA. Customers residing in a Member Country of the European Union will be managed through our affiliate, Pair International, and to the extent required by EU directives value added taxes (VAT) will be collected and remitted to the EU taxing authorities.

1. PARTIES

This Agreement becomes effective as of the date and time Customer enrolls through the electronic submission process and shall represent a legally binding contract for the requested services and payment for those services between the submitting Customer and Pair Networks, Inc.

2. SERVICES PROVIDED

Pair Networks agrees to provide the use of a dedicated or virtual server to Customer, for the exclusive use of Customer, excepting normal system administration as required by Pair Networks in order to maintain security and stability, at the price agreed upon before the initiation of service. Pair Networks will administer and service said server in accordance with the terms contained herein. Published fees include initial setup and installation services as determined by Pair Networks.

3. TERM

There is no minimum term and new Dedicated Server and Virtual Private Server accounts enjoy a money back guarantee. The terms of this guarantee are provided at www.pair.com/company/pair-guarantee.html and are subject to change at any time and without notification. If a new Customer is dissatisfied with the service for any reason, and cancels in writing or by e-mail subject to the terms of the guarantee, Pair will refund all payments received for the new account, via the same payment method.

4. ADMINISTRATIVE ACCESS

Administrative access or “root” access to the server is limited to Pair Networks employees and its authorized agents. Pair Networks reserves the right to require, at their discretion, software and/or hardware upgrades for the purposes of maintaining security and stability of the services provided. The cost of such upgrades shall be set by Pair Networks and paid by the customer.

5. NETWORK DATA TRANSFER CHARGES

There shall be no charge for monthly aggregate or daily average network transfer within the allowance of the server package purchased, depending on the terms agreed upon at purchase, as measured during any calendar month. Monthly aggregate or daily average network traffic in excess of the pre-arranged allowance shall incur an additional monthly fee as set by Pair Networks. Payment of this fee will be required in order to maintain service. Network traffic shall be measured by Pair Networks and may include all forms of traffic to and from the server, at the sole discretion of Pair Networks. All fees shall be set and adjusted by Pair Networks from time to time and posted at www.pair.com.

6. HARDWARE AND SOFTWARE CONFIGURATIONS

All dedicated and virtual servers must use hardware and software configurations that conform with Pair Networks requirements. Use of any particular hardware or software configuration may be declined at the sole discretion of Pair Networks.

7. USER CONDUCT

Pair Networks services and servers may only be used for lawful purposes. Any use which violates any local, state, federal, or international laws which may apply to Pair Networks, Customer’s local jurisdiction, or any jurisdiction that Customer or Customer’s site may be subject to is strictly prohibited.

While using a dedicated or virtual server from Pair Networks, Customer may not:

  • Restrict or inhibit any other user from using and enjoying the Internet;
  • Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;
  • Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
  • Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);
  • Post, store, publish, transmit, reproduce, or distribute individually identifiable health information or otherwise violate the USA Health Insurance Portability and Accountability Act (HIPAA) and The Patient Safety and Quality Improvement Act of 2005 (PSQIA) or the privacy protection equivalent of these USA laws adopted in any other relevant jurisdiction.
  • Claim or identify Pair Networks as User’s “Business Associate” under HIPAA.

8. INDEMNIFICATION

Customer agrees to indemnify, defend, and hold harmless Pair Networks from any and all liability, penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action or claims caused by or resulting indirectly from Customer’s use of the service or servers which damages Customer, Pair Networks, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with Customer’s service or servers, including but not limited to domain name selection and Web site content.

9. TERMINATION

After the initial money back guarantee period has passed, Customer may still terminate the service at any time upon written or email notice to Pair – any unearned portion of Customer’s prepayment, if any, rounded down to the nearest month, shall be refunded. Subject to the following provision for termination of services by pair for cause, pair will not terminate this agreement except with no less than 90 days’ notice to Customer. Pair Networks reserves the right to terminate this contract without notice at the sole discretion of Pair Networks for the violation of any terms and conditions of this contract. Pair Networks may deny Customer access to a server without notice if Customer engages in any conduct or activities that pair Networks in its sole discretion believes to be in violation of any of the terms and conditions of this agreement. Pair Networks shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Customer agrees that Pair Networks has the right to monitor the servers electronically from time to time and to disclose any information as necessary under the law, or to protect itself from claims by a third party or parties. Pair Networks reserves the right to remove or remove access to any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, offensive, or in violation of this agreement.

10. RETURN OF SERVER

Upon termination of this contract, all servers shall remain the property of Pair Networks and are not subject to customer demands.

11. NO WARRANTIES

Pair Networks makes no warranties or representations of any kind for the services being offered. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Pair Networks or its agents or employees shall create a warranty. Pair Networks provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Pair Networks be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from Customer’s use of or inability to use the service, or for third parties’ use of the service to access Customer’s Web content, or to access the Internet or any part thereof, or Customer’s or any third parties’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If Customer is dissatisfied with pair Networks’ service or any of its terms, conditions, rules, policies, guidelines, or practices, Customer’s sole and exclusive remedy is to discontinue using the service.

Customer understands that by placing information on a dedicated or virtual server from Pair Networks that such information becomes available to all Internet users and that Pair Networks does not limit or restrict access to such information, nor protect any such information from copyright infringement or other wrongful activity. Customer assumes full responsibility and risk for their use of the virtual or dedicated server. It is the Customer’s sole responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, and other information, and the quality and merchantability of all merchandise, provided through Pair Networks or on the Internet generally.

12. NO RESALE

The server shall be made available to only one individual, organization, or business as named herein. The Customer may not include material, sublease, share, or resell space on the server with or to any other individual, organization, or business, without th