SPAMMING IS NOT PERMITTED
Do not advertise or put our link on any site that is promoted in any way related to unsolicited email, ICQ or IRC spams, or newsgroup postings. Opt-in email newsletters require pre-approval. If we receive spam complaints, your link will be disabled, your account will be terminated immediately, and we will take LEGAL ACTION against you. Please be aware, MRG lists are not acceptable, as well as, any other program that hides the sender email address. We terminate sites without notification when any of these types of programs are discovered.

ZERO TOLERANCE POLICY
Any website or website content that implies or attempts to defraud a user in anyway will be terminated upon first sight. There will be no warnings and there will be no emails sent to the abuser or those attempting to defraud. If you are looking to host your site at vProServers.Com for the sole purpose of defrauding people of their personal information, credit card information or any other personal information that can be used for gain of any type, your site will be copied, terminated and your files will be sent to those from whom will take further measures along with your information collected at signup.

BULK E-MAIL
We also monitor "Bulk E-mail". While cpanel has a mailing list program installed, any mailing over 2500 messages must be pre-approved. In addition, any site sending over 5000 messages per month will be considered "Bulk". Bulk e-mail ties up the mail que and delays messages for other users. Therefore, we must limit the amount of use on any shared servers only. There are some arrangements that can be made to accomodate a user with a large list which includes extra fees and special mail scheduling software. Please be aware that posting to Free for All web pages could generate "bulk email" from autoresponders of the FFA list users you have posted to. We may need to take action if these autoresponders are spamming the server and causing the mail que too many delays.

ALLOWED SITES
Your site must be legal in representation and abide by all laws within the United States of America.

Although we do not monitor the content of all sites all of the time, we will not host websites that have pornographic material, illegal products, software cracks, warez, extremely offensive, or illegal content, or link to websites that have illegal content.

The website cannot attempt to download any virus or malicious or annoying files when opened. IRC bots, programs, or networks of anykind are not allowed. If an IRC program is discovered, immediate termination will result without warning. The following processes are illegal on our servers and will be killed automatically: BitchX, bnc, eggdrop, guardservices, ircd, psyBNC, ptlink, services.

Websites with processes that consume or take the server load to an unmanageable level will have that process terminated immediately - this includes the use of VI Edit or VIM. If these processes continue to operate or cannot be found after termination of process will result in the website(s) being disabled and/or terminated from the server. Please use PICO for file edits. Accounts granted SSH access that are found to have processes running in this same manner will have SSH access deactivated for a minimum of 6 months.

THE PROGRAM'S RIGHTS
We reserve the right, at our request, to see all referring pages and servers logs if neccessary. If illegal content is discovered, upon request, we will turn over all site related documents, files and logs to the proper authorities. We reserve the right to terminate webmasters without payment who make derogitory comments about the program or employees of vProServers.Com; We reserve the right to suspend or terminate at will for non-payment. Sites suspended for non-payment wishing to become unsuspended, may be required to pay for an entire year in advance to leave suspended status and must pay a $10.00 re-activation fee, per incident. In addition, all back monies due, must be collected before activation. We reserve the right to terminate sites without notification when any of these types of programs or issues are discovered.

ANNUAL HOSTING PACKAGES
Annual Hosting- vProServers.Com hosting plans are set to give our users the most useful tools available to manage the accounts. Standard set up is for monthly pay plans.

Hosting plans that are paid annually are heavily discounted. The discounts warrant vProServers.Com to require a 12 month term agreement to cover the discounted annually hosting fees. When a discounted annual hosting plan is ordered, the user agrees to a term of 12 months of hosting with the vProServers.Com Web Hosting Network.

NETWORK FAILURES AND ACTS OF GOD
The program shall not be responsible for any delay or failure to perform due to internet and equipment failures and/or other acts outside of our reasonable control.

NETWORK AND HARDWARD UPDATES
Within time, we reserve the right to upgrade our network and hardware when industry standards require. These upgrades will be announce no later than 12 hours before any expected system outages. These outages are not covered in our SLA for 99.5% uptime due to the outage being the affect of preventive maintenance or the improvement of services provided. As a standard, we will schedule these upgrades to happen over a weekend starting on a Friday afternoon and not extending past midnight, Sunday.

TERMINATION
We take these terms very seriously. An account is found to be violating one or more of the above terms will be terminated without payment or notification.

INDEMNIFICATION:
You shall indemnify, defend and hold vProServers.Com and its affiliates harmless from and against any damage, loss, expense (including reasonable attorney's fees and costs related to litigation) or penalty or any claim or action therefore, by or on behalf of any person, arising out of: (a) any material on the your Web Site as linked through vProServers.Com, including without limitation, those arising from claims or suits for defamation, copyright or trademark infringement, misappropriation, violation of the Lanham Act or rights of privacy or publicity or from any and all similar claims now known or hereafter devised; (b) a breach by you of a warranty under this Agreement; (c) any negligence or willful misconduct by you.

NO WARRANTIES.
VPROSERVERS.COM PROVIDES ALL MATERIALS AND THE SERVICES TO YOU AND ITS SUBSCRIBERS "AS IS." VPROSERVERS.COM MAKES NO OTHER WARRANTIES AND VPROSERVERS.COM DISCLAIMS ALL WARRANTES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. VPROSERVERS.COM DOES NOT WARRANT THAT THE SERVICES OR SIGN-UP PAGE WILL BE INTERRUPTED OR ERROR FREE, NOR DOES VPROSERVERS.COM MAKE ANY WARRANTY AS TO THE PERFORMANCE OR ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES OR THE SIGN-UP PAGE. In addition, there are no guarantee's made on actual profit that can be made through our reseller plans. Any profit calculations are only examples and are not guaranteed. All resellers are Independent Contractors.

LIMITATION OF LIABILITY.
NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO CONSTITUTE A WARRANTY, EXCLUSIVE OF SUCH SPECIFICALLY DESCRIBED HEREIN. VPROSERVERS.COM'S MAXIMUM LIABILITY TO YOU UNDER THIS AGREEMENT, AND YOUR EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT INCLUDING NEGLIGENCE, WILL BE LIMITED TO THE RECOVERY OF ACTUAL DAMAGES UP TO THE TOTAL AMOUNT OF $500. IN ADDITION, VPROSERVERS.COM SHALL NOT BE LIABLE TO YOU FOR LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VPROSERVERS.COM MAY SEEK INJUNCTIVE RELIEF TO PREVENT YOU FROM DISSEMINATING VPROSERVERS.COM'S CONFIDENTIAL INFORMATION OR FROM UNAUTHORIZED USE OF VPROSERVERS.COM'S TRADE NAME OR TRADEMARKS.

GENERAL TERMS AND CONDITIONS.
14.1. Notice, Governing Law, Force Majeure, Waiver, Entire Agreement. Any notice which either Party may desire to give the other Party must be in writing and delivered, by mail or facsimile to the relevant Party at the address of such Party as set forth in this Agreement, or such other address as the Parties may hereinafter designate. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington, except that body of law concerning conflicts of law. vProServers.Com shall not be liable to you for any delay or failure to perform, which results from causes outside its reasonable control. A judicial determination that any provision of this Agreement is invalid in whole or in part shall not affect the enforceability of those provisions found to be valid. If vProServers.Com fails to require performance of any duty hereunder by you, such failure shall not affect its right to require performance of that or any other duty thereafter. The waiver by vProServers.Com of a breach of any provision of this Agreement shall not be a waiver of the provision itself or a waiver of any breach thereafter, or a waiver of any other provision herein. This Agreement, including any supplements, modifications or amendments hereto, and the E-Mail, including any supplements, modifications or amendments thereto, shall constitute the entire agreement between the Parties regarding its subject matter. This Agreement supersedes any and all previous proposals, representations or statements, oral or written. Except as otherwise stated in this Agreement, any modifications to this Agreement must be in writing and signed by authorized representatives of both Parties.

14.2. Assignment. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, and their respective representatives, successors and permitted assigns. This Agreement shall not be assignable by you, without the express written consent of vProServers.Com, including to an entity in which it has merged or which has otherwise succeeded to all or substantially all of your business and assets to which this Agreement pertains and which has assumed in writing or by operation of law its obligations under this Agreement. Any attempted assignment in violation of this provision will be void.

14.3. Attorneys Fees. In the event there is any dispute concerning the terms of this Agreement or the performance of any Party hereto pursuant to the terms of this Agreement, and any Party hereto retains counsel for the purpose of enforcing any of the provisions of this Agreement, or asserting the terms of this Agreement in defense of any suit filed against said Party, the successful or prevailing Party or parties shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding from the other parties, in addition to any other relief to which it may be entitled.

14.4. Counterparts. This Agreement may be sent via facsimile and executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.