ServerMotion, a division of 6PS Corporation of 340 S Lemon Ave #6151, Los Angeles, CA 91789 ("Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Company services and completion of the ordering process constitutes acceptance and agreement to the TOS (Terms of Service).

This Agreement shall be construed in all respects in accordance with the laws of the state of Tennessee, county of Rutherford applicable to contracts enforceable in that state. Venue will be Rutherford County, Tennessee.

1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Company shall have the right to terminate all service set forth in this Agreement.
2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.
4. Payments and Fees: Checkes which do not clear subject to a $25 processing fee. Service will be interrupted on accounts that reach 7 days past due. Dedicated Servers interrupted for nonpayment are subject to a $15 reconnect charge. In addition, accounts not paid by due date are subject to a late fee equal to 10% of the balance. Accounts that are not collectable by Company may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $250. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
5. Refund and Disputes: All payments to Company are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Company's sole discretion is a valid charge under the provisions of the TOS and AUP, you agree to pay Company an "Administrative Fee" of not less than $50 and not more than $150.
6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
7. Account Cancellation: Requests for canceling accounts may be made in writing with at least 10 days notice but not more than 60 days prior written notice and sent to ServerMotion, ATTN: Billing, 340 S Lemon Ave #6151, Los Angeles, CA 91789. The preferred method of cancellation is via a helpdesk request. Please submit a support request to the billing department requesting cancellation. All account information must be verified in order to cancel services. Subscribers who require equipment returns may pick up equipment at the datacenter or we can arrange for shipping. Customers are responsible for shipping, handling, and insurance paid in advance. Account cancellation requests must be made in writing and cannot be submitted via phone support. Acceptable forms of writing include helpdesk tickets, submitting cancellation request through your My Account area, and mailing notice to the above address. All balances must be paid in full before accounts will be reconnected. Habitual nonpayment customers may be required to pay in advance for services.
8. Interruption of Service: Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
9. Service Level Agreement: Uptime of 99.5% per month is guaraneteed.

   Uptime	Credit
   99,5%	0%
   99%	20%
   98%	50%
   Less than 98%	100%

   1. The service level agreement herein excludes:
      • Scheduled maintenance
        
      • Force majeure
        
      • Actions caused by third-party software or customer's software
        
      • Connection Failed ("LINK") provider in the service, through no fault of Company
        
      • Failure with connections in ISPs outside the network controlled by the Company
        
      • Natural disasters or acts of God that may affect a service provider of Company
10. New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our name servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. Once entered into our name servers, domain propagation usually takes 2 to 5 business days.
    
11. Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to Company will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
12. Support Boundaries: Company provides 24x7 technical support to our subscribers. We limit our technical support to our area of expertise Company provides support related to your server or virtual site physical functioning. Company does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Actual support definitions are based on the level of support service defined in the subscriber’s specific management plan. Service Level Agreement (SLA) associated with management plans determine the support details.
13. SPAM and Unsolicited Commercial Email (UCE): Company takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that subscribers may not use or permit others to use our network to transact in UCE. Subscribers may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers. Violation of Company's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Company will initiate an immediate investigation (within 48 hours of notification). During the investigation, Company may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Company may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Company reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Company will notify law enforcement officials if the violation is believed to be a criminal offense.
    1. When complaint of spam is recieved by Company, Subscriber will be notified. If Subscriber fails to respond within 12 hours after the first complaint the account will be suspended.After three repeated complaints about the service is canceled immediately, without right to recover amounts paid.
14. Disallowed Content:
    1. Company does not allow
       1. Content files that infringe copyright law
          
       2. Hosting of or links to pirated software
          
       3. Material that advertises crimes
          
       4. Material with inciting racism
          
       5. BNC, IRCD, PerlBot or eggdrop
          
       6. Hosting the fake pages from other institutions ("phishing")
          
       7. Scripts and applications to brute force attacks
          
       8. Mailbombers / Scripts for sending SPAM (unsolicited bulk messages; see above)
          
       9. Content that otherwise violates the law
    2. In case of any such content hosting, Company will immediately suspend service, only after being reactivated in response to the notification sent to Subscriber. The subscriber will have a period of 6 hours after the reactivation of the service to remove content informed and may have permanently canceled the service in case of failure to remove the content that breaches the rules of this contract, without any data restoration or reimbursement of amounts paid.
15. Data Backup: For shared and reseller hosting packages, Company performs a daily "backup" only for the purpose of diaster recovery, and not for the purpose of archiving customer content.
    1. In the event of data loss on a server for shared and reseller hosting, Company will restore data to a new account at no cost to client.
    2. In the event of no loss on part by the Company, customer can request a backup be restored for a one-time administrative fee per restoration.
    3. In the event of a deleted account due to cancellation, backups will be maintained for up to 30-days and can be restored at anytime upon the activation of a new account and the payment of a backup restoration administrative fee.
16. Network
    1. IP Address Ownership: If Company assigns Subscriber an Internet Protocol address for Subscriber's use, the right to use that Internet Protocol address shall belong only to Company, and Customer shall have no right to use that Internet Protocol address except as permitted by Company in its sole discretion in connection with the Services, during the term of this Agreement. Company shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Company, and Company reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
    2. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the amount provisioned with the subscribed services ordered by Subscriber. Company will monitor Subscriber's bandwidth and disk usage. Company shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Company's sole and absolute discretion. If Company takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Company may, at its sole discretion, collect a deposit, in an amount determined by Company, against customer's credit card on file with Company.
    3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Company Network. Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
       1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
       2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
       3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
       4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
       5. Taking any action in order to obtain services to which such User is not entitled.
17. Notification of Violation:
    1. Company is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
    2. First violation: Any User, which Company determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Company's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
    3. Second Violation: Users that Company determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
    4. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
18. Suspension of Service or Cancellation: Company reserves the right to suspend network access to any customer if in the judgment of the Company network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Company chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
    
19. Company reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Company must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions.
    
20. Indemnification: Company wishes to emphasize that in agreeing to the Company Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Company for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Company or the bringing of any claim against Company by any third-party. This means that if Company is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Company, plus all costs and attorney's fees.
    
21. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, telephone, and fax contacts are used, in that order of preference.
    1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
       
    2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
       
    3. Company takes no responsibility for any material input by others and not posted to the Company Network by Company. Company is not responsible for the content of any other websites linked to the Company Network; links are provided as Internet navigation tools only. Company disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
       
    4. Company is not responsible for any damages your business may suffer. Company does not make implied or written warranties for any of our services. Company denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Company.
    5. It is absolutely forbidden to host IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
22. Responsibility for Content: You, as Company's customer, are solely responsible for the content stored in and served by your Company account.
23. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.
    1. Intellectual Property: Material accessible to you through Company's Services may be subject to protection under copyright laws or laws protecting trademarks, trade secrets or proprietary information in your area. Except when expressly permitted by the owner of such rights, you must not use these Services in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through Company's Network.
24. Defamation: Defamatory speech distributed over the Internet can result in civil liability for the defamer.
25. Arbitration: Any controversy or claim arising from service or related to this contract or breach therein in excess of $500.00 shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction.