DEDICATED SERVER AND CLOUD SERVICES HOSTING TERMS OF SERVICE

1. Use of Services

1.1 Applicable Policies and Guidelines.
The BRINKSTER COMMUNICATIONS CORPORATION (“BRINKSTER”) Dedicated Server and Cloud Services Hosting Terms of Service (the "TERMS OF SERVICE") govern the general policies and procedures for use of the Dedicated Server Services and Cloud Services. BRINKSTER's On-line Privacy Statement governs how BRINKSTER collects, stores, processes and uses information associated with Customer's use of the Services. The Terms of Service and the On-line Privacy Statement are posted on BRINKSTER's Web site at www.Brinkster.com (or such other location as BRINKSTER may specify) and may be updated from time-to-time. Customer contract (“contract”) duration shall be defined as the length of the contract term, or month to month if no contract term is specified. If a customer purchases a designated hourly service the contract term will be defined as hour by hour. THE CUSTOMER SHOULD CAREFULLY READ THE TERMS OF SERVICE. BY USING THE SERVICES, CUSTOMER AGREES TO BE BOUND BY THE TERMS AND ANY MODIFICATIONS TO THE TERMS. BRINKSTER MAY TERMINATE CUSTOMER'S ACCOUNT FOR ANY VIOLATION OF THE TERMS OF SERVICE.

1.2 Material and Product Requirements.
Customer must ensure that all material and data placed on BRINKSTER's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by BRINKSTER. BRINKSTER will make no effort to validate any of this information for content, correctness or usability. If Customer's material is not "server-ready", BRINKSTER may reject this material. BRINKSTER will notify Customer of its refusal of the material and afford Customer the opportunity to modify the material to satisfy BRINKSTER's requirements. Use of the Services requires a certain level of knowledge in the use of technical computer languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's server. Customer must have the necessary knowledge to create and maintain a server. BRINKSTER does not provide this knowledge or customer support outside of the Services.

1.3 Bandwidth, Storage, and E-Mail Usage.
Customer will not exceed the bandwidth, storage and E-mail usage limits in its contract with BRINKSTER. If Customer uses any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if Customer exceeds E-Mail storage and attachment size limitations, BRINKSTER may, in its sole discretion, assess Customer with additional charges, suspend the Service, or terminate their account. If BRINKSTER elects to take any corrective action, BRINKSTER will not refund any unused pre-paid fees. The Customer's use of its account and access to it is Customer's responsibility. The Customer is responsible for any unauthorized access to Customer's account resulting in bandwidth, storage and/or E-mail usage exceeding the limits in Exhibit "A" and resultant charges.

1.4 Domain Names.
As part of the Services, Customer will provide BRINKSTER with a registered domain name or names, or BRINKSTER will register domain name(s) Customer selects if the domain name is available for registration and does not violate any registration services' policies, or any law or regulation. Customer will promptly reimburse BRINKSTER for any fees BRINKSTER pays to registration services for registering and maintaining the domain name(s). If any dispute or cause of action arises out of or is related to Customer's domain name used in connection with the Services, then upon Customer's request, BRINKSTER will attempt to register with registrar an alternative domain name Customer chooses. Upon registering Customer's domain name, Customer is bound by the terms of registrar's then current domain name policy and the policies of the national DNS registration authorities. BRINKSTER will not refund any fees Customer paid with respect to the registration of a domain name the Customer is unable to use.

1.5 Security.
Customer is solely responsible for any security breaches affecting servers or accounts under Customer's control. If Customer's server is responsible for or involved in an attack on or unauthorized access into another server or system, BRINKSTER will shut it down immediately. Customer will pay any charges resulting from the cost to correct security breaches affecting BRINKSTER or any of its other customers.

1.6 Commercial Advertisements via E-Mail.
Customer will not use BRINKSTER services, Customer's account or server to send or facilitate in any way the transmission of unsolicited commercial email. BRINKSTER will enforce substantial penalties, including charging Customer for related network costs and terminating Customer's account, for violations.

2. Intellectual Property Rights

2.1 Customer's License Grant to BRINKSTER.
By activating their service Customer grants to BRINKSTER a non-exclusive, worldwide, and royalty-free license for the Initial Term and the Renewal Term, if applicable, to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use Customer's content as necessary for the purposes of rendering and operating the Services to Customer under these Guidelines. Customer expressly: (a) grant to BRINKSTER a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that this caching is not an infringement of any of Customer's intellectual property rights or any third party's intellectual property rights.

2.2 Customer's Warranties And Representations to BRINKSTER.
Customer warrants, represents, and covenants to BRINKSTER that: (a) Customer or its representative is at least 18 years of age; (b) Customer possesses the legal right and ability to enter into a contract with BRINKSTER; (c) Customer will use the Services only for lawful purposes and in accordance with these Guidelines and all applicable policies; (d) Customer will be financially responsible for the use of Customer's account; (e) Customer has acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) Customer has verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including Customer's content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) Customer's content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

2.3 BRINKSTER Materials And Intellectual Property.
All materials, including any software (in object code and source code form), data or information that BRINKSTER or its suppliers or agents develop or provide under to Customer, and any know-how, methodologies, equipment, or processes BRINKSTER uses to provide the Services to Customer, including all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto will remain BRINKSTER's or its suppliers' sole and exclusive property. BRINKSTER will also maintain and control ownership of all Internet protocol ("IP") numbers and addresses that BRINKSTER may assign to Customer. BRINKSTER may, in its sole discretion, change or remove any and all IP numbers and addresses.

3. Enforcement

3.1 Investigation of Violations.
BRINKSTER may investigate any reported violation of these Terms of Service, or its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers or third parties. BRINKSTER will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.

3.2 Actions.
BRINKSTER may restrict or remove from its servers any content that violates the Terms of Service or related policies, or is otherwise objectionable or potentially infringing on any third party's rights or that potentially violates any laws. If BRINKSTER becomes aware that Customer has possibly violated these Terms of Service, any related policies or guidelines, third party rights or laws, BRINKSTER may immediately take corrective action, including: (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on BRINKSTER's systems, and (d) disabling or removing any hypertext links to third-party Web sites, any of Customer's content distributed or made available for distribution via the Services, or other content not supplied by BRINKSTER that, in BRINKSTER's sole discretion, may violate or infringe any law or third-party rights or that otherwise exposes or potentially exposes BRINKSTER to civil or criminal liability or public ridicule. It is BRINKSTER's policy to terminate repeat infringers. These rights of action, however, do not obligate BRINKSTER to monitor or exert editorial control over the information made available for distribution via the Services. If BRINKSTER takes corrective action because of a possible violation, BRINKSTER will not refund to Customer any fees Customer paid in advance of the corrective action.

3.3 Disclosure Rights.
To comply with applicable laws and lawful governmental requests, to protect BRINKSTER's systems and customers, or to ensure the integrity and operation of BRINKSTER's business and systems, BRINKSTER may access and disclose any information it considers necessary or appropriate, including, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on BRINKSTER's servers and systems. BRINKSTER may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. To the extent any inconsistency exists between any terms of BRINKSTER's On-line Privacy Statement and BRINKSTER's right to disclose under this section, BRINKSTER's right to disclose under this section will control.

4. Disclaimed Warranties.

BRINKSTER exercises no control over, and accepts no responsibility for, the content of the information passing through BRINKSTER's host computers, network hubs and points of presence, or the Internet. ALL SERVICES PERFORMED UNDER CONTRACT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THE CUSTOMER'S CONTRACT, BRINKSTER DOES NOT MAKE AND DISCLAIMS, AND CUSTOMER WAIVES ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.

5. Limitation and Exclusion of Liability.

5.1 Limitations.
IN NO EVENT WILL BRINKSTER OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER BRINKSTER NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO BRINKSTER'S OBLIGATIONS UNDER THEIR CONTRACT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF BRINKSTER HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF BRINKSTER AND ITS SUPPLIERS TO CUSTOMER FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT CUSTOMER ACTUALLY PAID TO BRINKSTER UNDER THEIR CONTRACT DURING THE 3 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY BRINKSTER UNDER THEIR CONTRACT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, CUSTOMER RELEASES BRINKSTER AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION.

5.2 Interruption of Service.
BRINKSTER and its suppliers are not liable for any temporary delay, outages or interruptions of the Services except as provided in BRINKSTER's Service Level Agreement listed on the website at www.brinkster.com. Further, BRINKSTER is not liable for any delay or failure to perform its obligations under the Customer's contract, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, any mechanical, electronic, labor disputes, governmental actions, terrorist actions, communications or third-party supplier failure).

6. Indemnification.

Customer releases and holds harmless, and agrees to indemnify, BRINKSTER and its affiliates and suppliers (and their respective employees, directors and representatives) against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys' fees and other litigation expenses) incurred by BRINKSTER or its suppliers, arising out of or relating to: (a) Customer's violation or breach of any term, condition, representation or warranty of their Contract, or any applicable policy or guideline; (b) Customer's improper or illegal use the Services; or (c) Customer's violation, alleged violation, or misappropriation of any intellectual property right (including trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including defamation, libel, violation of privacy or publicity).

7. Software Licenses.

Customer agrees to secure and legally purchase the software license (“license”) to all software that it uses, unless a license is provided by Brinkster. If Customer elects to use their own software license, Customer agrees to accept the full liability and responsibility for securing and maintaining the license and that Brinkster is fully released from any liability or responsibility for the license. Customer agrees to provide to Brinkster, upon request, proof that a license has been purchased.

This service agreement is part of the Brinkster Universal Terms of Service.
Last Modified: August 12, 2014