The Dedicated Hosting Terms of Service apply to all MakoSolutions customers with a dedicated server/co-location contract at the Scranton, PA datacenter.

THIS AGREEMENT FOR MAKOSOLUTIONS, LLC (here-in-after referred to as "MakoSolutions") SERVICES (hereinafter referred to as the "Agreement") is made and effective as of the date of acceptance, by and between you, (here-in-after referred to as "Client") and MakoSolutions, LLC, a Delaware corporation.

WHEREAS, MakoSolutions owns, distributes, and/or provides various products and services that enable entities to utilize, conduct business on, connect to, and publish to the Internet, including MakoSolutions High Speed Wireless Access, MakoSolutions Managed Hosting, MakoSolutions Access, CPanel/WebHostManager, and the MakoSolutions family of services.

WHEREAS, client desires to utilize the MakoSolutions services to develop client's presence on the World Wide Web, connect to, and utilize the Internet.

NOW THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows:

Exhibit A

General Agreement

1. MakoSolutions Services.

2. MakoSolutions agrees to provide to client services as set forth in Exhibit A (MakoSolutions Services).

  1. Payment and Invoicing.
  2. In consideration of the performance of the MakoSolutions Services, Client shall pay MakoSolutions in advance the amount set forth in Exhibit E ("Contract Specifications"). Exhibit E is amended from time to time for the "MakoSolutions Services" provided during the term of this Agreement.
  3. Client shall receive a confirmation letter/invoice via e-mail and/or mail at the time Client contracts for the MakoSolutions services, which shall confirm the fees payable to MakoSolutions. Thereafter, Client shall receive a monthly billing invoice/statement for the upcoming month, which shall indicate any changes in fees, which shall become effective upon thirty (30) days' notice as set forth in Section 2.4 herein. All services are invoiced 10-15 days in advance, and must be paid in full by the first day of new the service period.
  4. Clientis responsible for all activities and charges resulting from Client's use of the MakoSolutions Services. Client agrees to pay all fees, bandwidth charges, connect time charges, surcharges, and other charges incurred by Client and set forth in the monthly billing statement. Client acknowledges that no refunds will be given by MakoSolutions in the event that Client's account is terminated by MakoSolutions or Client mid-term. Pre-payments for 3/6/12 months are non-refundable in the case that an account is cancelled/terminated by either client or MakoSolutions. In the event of a breach of security, Client will remain liable for any unauthorized use of the MakoSolutions Services until Client notifies MakoSolutions by calling ( 1-888-MAKO-123) or by sending an e-mail with account information to support@makosolutions.com and receiving a ticket tracking number.
  5. Current rates for using the MakoSolutions Service may be obtained by calling (1-888-MAKO-123), or visiting the MakoSolutions website (http://www.makosolutions.com). MakoSolutions reserves the right to change fees, surcharges, monthly membership fees or to institute new fees at any time upon thirty (30) days' (of end of current contract term) prior notice to Client. In addition, MakoSolutions may institute special trial offers, from time to time which shall be reflected in the confirmation letter sent to Client upon sign up.
  6. Late Fees. If MakoSolutions does not receive the full amount of Client's MakoSolutions service account balance by the first day of a new service period, an additional $25 (or highest amount allowed by law per month) late charge will be added to Client's bill and shall be due and payable. Client shall also be liable for all attorney and collection fees arising from MakoSolutions's efforts to collect any unpaid balance of Client's account(s). Account suspension may occur if payment is not received by 2nd day of a new service period. Account termination occurs if payment is not received by 4th day of a new service period.
  7. Penalties and Extra Fees. Client agrees to pay MakoSolutions US$30.00, per occurrence, for bounced checks. Client agrees to pay MakoSolutions US$35.00, per occurrence, for each chargeback issued against a transaction. Client agrees to pay MakoSolutions US$30.00, per occurrence, for each credit reporting/collection agency filing that may be necessary to expedite receipt of payment, collect on overdue funds, or other related issues. Client agrees to re-imburse MakoSolutions for all legal/court fees optained while attempting to collect client's debt. Client agrees to pay MakoSolutions US$75.00 for each re-activation of a suspended account. The US$75.00 re-activation fee is per account, with an account potentially containing multiple websites, servers, or other services. MakoSolutions reserves the right to charge a US$25.00 expedite fee for any support issue that client insists be taken care of "on the spot" immediately. Charges may be incurred for Abnormal Support requests serviced on your account.
  8. Responsibilities, Rights and Status of MakoSolutions.
  9. Means of Performance. MakoSolutions shall provide Client with the MakoSolutions services, as set forth on Exhibit A hereto. MakoSolutions has the right to control and direct the means, manner, and method by which the services are performed. MakoSolutions shall perform the services in a professional manner.
  10. Support. MakoSolutions shall provide a reasonable level of technical support to Client via telephone, email, fax, ICQ/AIM, pager (dedicated/co-lo clients only) , real-time chat, forums, and/or online manuals/faq for the term of this Agreement.
  11. Other Work. MakoSolutions has the right to perform and license products to others during the term of this Agreement. MakoSolutions may elect to electronically monitor the services and may disclose any content or records to satisfy any law, regulation, or other governmental request or to properly operate services and protect its Clients. MakoSolutions reserves the right to block any site/account hosted by MakoSolutions that contains/transfers any content that it deems in its sole discretion to be unacceptable or undesirable.
  12. Renewal Dates. MakoSolutions bills on an anniversary basis for each billing cycle. If service is activated/delivered later than the order date, client has the right to request a pro-rated credit on his/her second billing cycle for the period of time during which service was not activated into the first billing cycle. (Eg. Account paid for on the 10th, but service is not delivered until 12th. Client will receive, upon request, credit on second invoice for 2 days worth of service. The billing date remains the same as the order date.)

4. Responsibilities and Rights of Client.

  1. Client Liaison. Client shall designate a contact person who shall act as a liaison between Client and MakoSolutions. Client certifies to MakoSolutions that he/she is not a minor. A minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision. Client agrees to provide MakoSolutions with accurate, complete and updated information required by the registration/initiation of the MakoSolutions service (Client Registration Data), including Client's legal name, address, telephone number(s), and applicable payment data ( e.g., credit card number and expiration date ). Client agrees to notify MakoSolutions within thirty (30) days of any changes in Client Registration Data. Failure to comply fully with this provision may result in immediate suspension or termination of your right to use MakoSolutions Services.
  2. Acceptance of MakoSolutions Services. Client shall have the right to evaluate the MakoSolutions Services as set forth in Exhibit A for a period of three (3) days after initiation of the MakoSolutions Services, at the charge, if any, set forth in Exhibit E or elsewhere offered by MakoSolutions and confirmed in the confirmation letter. If Client determines that any MakoSolutions Services do not reasonably satisfy the standards provided herein, then Client shall promptly notify MakoSolutions of such deficiency. MakoSolutions shall use commercially reasonable efforts to cure such deficiency . In the event MakoSolutions is unable to cure such deficiency, Client's sole and exclusive remedy shall be the refund of the amounts paid by Client under the Agreement, and the right to terminate this Agreement. Client that refuses to allow MakoSolutions to remedy any issues notified of shall not be elegible for any refund. No refunds will be granted in cases of "buyer's remorse".
  3. Fees and Expenses. Client shall be responsible for payment of all costs, fees and expenses assessed by third parties in the course of being provided MakoSolutions Services. Such costs include, but are not limited to, the fees required to register and maintain domain names, which is governed by a separate agreement between Client and InterNic.
  4. Third-Party Software. Third-Party software available through the MakoSolutions Service may be governed by separate end user licenses. By using the MakoSolutions Services and the third-party software, you agree to be bound by the terms of such end user licenses regarding the applicable third-party software.
  5. Management of Site. Client shall be solely responsible for all content available on or through its site, and shall at all times be subject to the terms of this Agreement, MakoSolutions's then-standard Basic Policy and Service Guidelines (AUP), MakoSolutions Terms of Service (TOS), and any generally applicable guidelines and service standards published by MakoSolutions. Client warrants that its content hosted on the MakoSolutions network (I) will conform to the MakoSolutions Terms of Service (TOS) attached hereto as Exhibit B; (II) will conform to the MakoSolutions Basic Policy and Service Guidelines (AUP) attached hereto as Exhibit D; (III) will not infringe and will not contain any content that infringes on or violates any copyright, U.S. patent or any other third-party right; and (IV) will not contain any content which violates any applicable law, rule or regulation. MakoSolutions shall have no obligations with respect to the content available on or through any site hosted on the MakoSolutions network, including, but not limited to, any duty to review or monitor any such content. MakoSolutions reserves the right to block any site that violates any of the above-stated terms, or which in MakoSolutions's sole discretion, MakoSolutions deems objectionable or offensive, or otherwise violates a law or MakoSolutions policy, or, in the alternative, to terminate this Agreement in accordance with Section 7.3 herein.
  6. Service Level Agreement (SLA). MakoSolutions is required maintain a Service Level Agreement (SLA) to guarantee network/equipment reliability and performance. The MakoSolutions Service Level Agreement (SLA) is set forth in Exhibit C. MakoSolutions reserves the right to change or modify this SLA to benefit the Client, and will post changes to online location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA, MakoSolutions makes no claims regarding the availability or performance of the MakoSolutions network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific details of the "Contract Specification" section of this agreement. In case of difference terms/points in SLA and "Contract Specification", the "Contract Specification" terms/points prevail over this general SLA policy. The "Contract Specification" 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.
  7. Co-Location/Equipment Insurance. Client is responsible for providing insurance coverage for all co-located equipment in the MakoSolutions Data Center and/or all customer property not supplied and maintained by MakoSolutions in a MakoSolutions facility or at the customer's premise. MakoSolutions is not responsible for such equipment, but is required to provide a reasonable amount of protection for equipment, including, but not limited to; alarm systems, surge protection, security cameras, video recordings, monitoring, theft prevention, racking equipment, and weather control.
  8. Confidentiality and Proprietary Rights.
  9. Confidentiality. Both parties acknowledge that: (I) the other party is the owner of valuable trade secrets, and other proprietary information and license same from others; (II) in the performance of the MakoSolutions Services, both parties shall receive or become aware of such information as well as other confidential and proprietary information concerning the other party's business affairs, finances, properties, methods of operation and other data (here-in-after collectively referred to as ("Confidential Information"), and; (IV) unauthorized disclosure of any Confidential Information would irreparably damage the owner or supplier of such Confidential Information.
  10. Non-Disclosure. Both parties agree that, except as directed by the other party or as provided in this paragraph, neither party will at any time during or after the term of this Agreement and for a period of three (3) years after any such termination disclose any Confidential Information to any person or entity, or permit any person or entity to examine and/or make copies of any reports or any documents prepared by the other party or that come into the party's possession or under the party's control that relates to Confidential Information; and that upon termination of this Agreement, both parties will turn over to the other party all documents, papers, and other matter in such party's possession or under such party's control that contain or relates to such Confidential Information. Both parties shall notify the other party, prior to disclosure of the information to the other party, that it considers the information to be confidential. Confidential Information shall not include information that: (I) is already lawfully known to or independently developed by the receiving party; (II) is in the public domain through no fault of the receiving party; (III) is lawfully obtained from a third party without restrictions; or (IV) is required to be disclosed by law, regulation or governmental order.
  11. Injunctive Relief. Both parties acknowledge that disclosure of any Confidential Information by the other party will give rise to irreparable injury to the owner of such information, inadequately compensable in damages. Accordingly, either party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available.
  12. Proprietary Rights. Unless otherwise specified, all work performed hereunder, is the property of MakoSolutions and all title and interest therein shall vest in MakoSolutions; provided however, that any content or materials supplied by Client shall remain the property of Client and its suppliers. To the extent that title to any such works may not, by operation of law, vest in MakoSolutions, all rights, title and interest therein are hereby irrevocably assigned to MakoSolutions. All such materials shall belong exclusively to MakoSolutions, and MakoSolutions shall have the right to obtain and to hold in its own name, copyrights, trademarks, registrations, or such other protection as may be appropriate to the subject matter; and any extensions and renewals thereof. Client agrees to give MakoSolutions and any person designated by MakoSolutions such reasonable assistance, at MakoSolutions's expense, as is required to perfect the rights defined in this paragraph.
  13. Non-Compete. Neither Client, nor MakoSolutions, may at any time during contract term, and one year following termination of this contract, provide similar service to current customers of the other party. "Current customers" is defined in this case as; any party having been a client within the past 12 months of the current date, regardless of whether client is currently still utilizing such services. A signed waiver on a case by case basis is required, should both parties agree to make an exception. Both parties are required to notify each other should a customer attempt to switch service to the other party. In event of a breach of this clause, the parties agree that damages in the amount of 24 months (2x revenue) should be paid. If Client fails to pay MakoSolutions for services rendered, or Client's services are suspended/cancelled according to appropriate policy, MakoSolutions retains the right to accept Client's customers directly as MakoSolutions clientele. MakoSolutions will take reasonable action to re-activate/re-instate Client's service prior to such measures being taken, but such action may be necessary to protect the best interest's of the end-user of the MakoSolutions services, as well as the reputation of MakoSolutions itself.

    5.6 Non-Solicitation. Neither party should knowingly solicit for employment, offer employment to, or employ any of the other party's employees/staff during contract term, and one year following termination of this contract. In event of a breach of this clause, the parties agree that damages in the amount of 12 months (1x annual salary) current salary for the individual(s) should be paid.
  14. Marketing Rights. Client agrees that MakoSolutions may refer to Client, and/or Client's business/company, in MakoSolutions marketing materials, the MakoSolutions website, and communication to MakoSolutions current/potential clientele. Client grants MakoSolutions a limited license and permission to use any Client trade name and/or trademark for such, and only for such, purposes.
  15. Warranties/Indemnity.
  16. Warranty. Client understands that except for information, products, or services clearly identified as being supplied by MakoSolutions, neither MakoSolutions, nor any of its affiliates, operates or controls any information, products, or services on the Internet in any way and that, except for such MakoSolutions identified information, services or products, all merchandise, information, and services offered or made available or accessible on the Internet generally are offered or made available or accessible by third parties who are not affiliated with MakoSolutions or its affiliates. The terms and conditions for the use of MakoSolutions High Speed Wireless Access, Cpanel/WebHostManager, MakoSolutions Access, and/or any other software/services provided by MakoSolutions are governed by the terms of each product's end user license.

ALL SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH THE MakoSolutions SERVICES ARE PROVIDED ON AN "AS IS " BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, MakoSolutions DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE MakoSolutions SERVICES; INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU UNDERSTAND THAT PORTIONS OF THE INTERNET CONTAIN MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT AND MAY BE OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. MakoSolutions HAS NO RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MakoSolutions, ITS EMPLOYEES, LICENSERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MakoSolutions OR ANYONE ELSE INVOLVED IN ADMINISTERING OR DISTRIBUTING THE MakoSolutions SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE MakoSolutions SERVICES and/or MakoSolutions SOFTWARE INCLUDING BUT NOT LIMITED TO reliance on any information obtained, or stored, on the MakoSolutions network; or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction, or unauthorized access to MakoSolutions records, programs, or services. MakoSolutions is not liable for damage caused by lightning strikes to customer premise equipment, co-located equipment, or customer property connected to such. Client should take proper precations to protect their property from damage by lightning. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, IN SUCH STATES, MakoSolutions'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

  1. Indemnity. Each party will indemnify the other party from any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees resulting from the indemnifying party's material breach of any duty, representation or warranty under this Agreement, except those resulting from the gross negligence or knowing or willful misconduct of the other party. Such indemnity shall be conditional upon (I) prompt notification to the other party of any indemnifiable claim; (II) the indemnifying party's control of all settlement and other negotiations; and (III) the indemnified party's full cooperation with respect to such claim.
  2. Limitation of Liability. MakoSolutions shall not be liable to Client for more than the aggregate amounts paid to MakoSolutions under this Agreement.
  3. Liability. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR LOST PROFITS.
  4. Terms and Termination.
  5. Term. This Agreement will become effective on the date indicated in the "Contract Specification" section of this Agreement, and will remain in effect for the term indicated in same. This agreement is automatically renewed for same originating term as indicated in the "Contract Specification", section of this agreement at end of current term, unless Client terminates this Agreement (via fax, mail, or online cancellation form) to MakoSolutions at least seventy-two (72) hours prior to end of current service term, or MakoSolutions terminates this Agreement upon fifteen (15) days written notice (via fax, mail, or email) to Client, prior to end of current service term.
  6. Termination. In the event of any material breach of this Agreement by either party, the other party may terminate this Agreement, by giving ten (10) days prior notice thereof (in writing by fax or mail); provided, however, that this Agreement shall not terminate at the end of said ten (10) days notice period if the party in breach has cured the breach of which it has been notified prior to the expiration of said ten (10) days.
  7. Client may terminate this Agreement at any time for any or no reason upon written notice (via fax, mail, or online cancellation form) to MakoSolutions, within seventy-two (72) hours prior or following end of current service term. MakoSolutions may terminate this Agreement at any time for any or no reason upon fifteen (15) days written notice (via fax, mail, or email) to Client, prior to end of current service term. Notwithstanding the foregoing, MakoSolutions may immediately block Client's site or immediately terminate Client's access to and use of the MakoSolutions Service and software; if at MakoSolutions's sole discretion, it deems any information contained in Client's site to violate MakoSolutions's Terms of Service (TOS), MakoSolutions's Basic Policy and Service Guidelines (AUP), or to be otherwise objectionable or offensive or to violate the law, in accordance with Section 4.6 herein. Client's only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of MakoSolutions in operating the MakoSolutions Service, any change in the content of the MakoSolutions Service, or any change in the amount or type of fees charged in connection with the MakoSolutions Service, is to terminate this Agreement by delivering notice to MakoSolutions, effective the day MakoSolutions receives notification of termination or any future date specified which is acceptable to MakoSolutions. MakoSolutions may terminate immediately any Client who misuses or fails to abide by this Agreement, MakoSolutions's Terms of Service (TOS), or MakoSolutions's Basic Policy and Service Guidelines (AUP) MakoSolutions may terminate without notice Client's access to and use of the MakoSolutions Service and Software upon a breach of this Agreement. If MakoSolutions denies you access to the MakoSolutions Services, you shall have no right to obtain any credit(s) otherwise due to you. MakoSolutions shall have no responsibility to notify third-party providers/users of services, merchandise, or information, associated with your MakoSolutions Service, nor shall MakoSolutions have any responsibility for any damages that result from the lack of such notification.
  8. In the event that MakoSolutions offers a money back guarantee, or 30 day refund policy, as specified in the "Contract Specifications" section of this agreement, violation of the MakoSolutions Terms of Service (TOS) or MakoSolutions Basic Policy and Service Guidelines (AUP) makes such an offer null and void. Client agrees to waive such rights to a refund if such a violation occurs.
  9. Surviving Sections. The following paragraphs shall survive the termination of the Agreement: 5 ("Confidentiality and Proprietary Rights"), 6 ("Warranties/Indemnity") and 8 ("General").
  10. General.
  11. Assignment. Neither party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party, and any such attempted assignment shall be void. This Agreement shall be binding upon the parties' respective successors, purchasers, and permitted assigns.
  12. Notices. Any notices or legal communication under this Agreement shall be in writing (via fax or mail) and shall be deemed delivered to the party receiving such communication at the address specified below (I) on the delivery date if delivered personally to the party, or a representative of the party; (II) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (III) five business days after the mailing date, whether or not received, if sent by US mail, return receipt requested; (IV) on the delivery date if transmitted by confirmed facsimile.

If to MakoSolutions:

MakoSolutions, LLC 1 Orient Way Suite F #173 Rutherford, NJ 07070 USA

Fax: 888-300-5526

If to Client:

Contact information provided in "Contract Specification" section of this Agreement

  1. Governing Law.This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Delaware, except with regard to it's conflict of law rules.
  2. Modifications. No modifications, amendment, supplement to or waiver of this Agreement or any exhibit hereunder, or any of their provisions shall be binding upon the parties hereto unless made in writing and duly signed by both parties.
  3. Waiver. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.
  4. Severability. In the event any one or more of the provisions of the Agreement or any of any exhibit is invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.
  5. Force Majeure.Neither party hereto shall be liable for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any contingency beyond the reasonable control of such party, including without limitation, fire, flood, strike, and other industrial disturbance, failure of transport, accident, war, riot, insurrection, act of God or order of governmental agency. Performance shall be resumed as soon as possible after cessation of such cause. However, if such inability to perform continues for forty-eight (48) hours, the other party may terminate this Agreement without penalty and without further notice.
  6. Independent Contractors. The parties to this Agreement are independent contractors. Neither party is an agent, representative, or partner of the other party. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the parties or to impose any liability attributable to such a relationship upon either party.
  7. Entire Agreement. This Agreement sets forth the entire agreement, and supersedes any and all prior agreements of the parties with respect to the transactions set forth herein. Neither party shall be bound by, and each party specifically objects to, any term, conditions or other provisions which is different from or in which is proffered by the other party in any correspondence or other document, unless the party to be bound thereby specifically agrees to such provision in writing.

EXHIBIT B

General Terms of Service (TOS)

  1. The MakoSolutions Service, as operated by MakoSolutions, LLC., (MakoSolutions), is a collection of various products and services that enable entities to utilize, conduct business on, connect to, and publish to the Internet. The MakoSolutions Service is available for a fee to any client who wishes to utilize the service for such means.
  2. CAREFULLY READ the terms of this agreement which governs your use of the MakoSolutions Service and Software. MakoSolutions may modify this agreement at any time and in any manner. Any modification is effective immediately upon either a facsimile, electronic mail, or conventional mail notification. Your continued use of the MakoSolutions Service following notice of any modification to this agreement shall be conclusively deemed as acceptance of all such modification(s).
  3. MakoSolutions grants to you a non-exclusive, non-transferable license to use and display the MakoSolutions Service and Software on the servers and equipment with which you utilize the MakoSolutions service. The MakoSolutions Service and software are owned by MakoSolutions, LLC. and their structure and organization constitute valuable trade secrets of MakoSolutions, LLC.
  4. Advertising, Solicitation and Name Harvesting. You may not use the MakoSolutions Service to send unsolicited advertising, promotional material, or other forms of solicitation to other Clients unless you receive the expressed written permission of the Client. You may not use the MakoSolutions Service to collect or "harvest" screen names of other Clients without the expressed prior permission of the Client. MakoSolutions reserves the right to block or filter mass email solicitations on or through the MakoSolutions Service.
  5. Internet Conduct. Generally, the Internet consists of the following areas available through MakoSolutions; Email, Newsgroups, Gopher, and WAIS FTP, and the World Wide Web). The Internet is not owned or operated by, or in any way affiliated with MakoSolutions or any of its affiliates; it is a separate, independent network of computers and is not part of MakoSolutions. Your use of the Internet is solely at your own risk. When using the Internet and all of its components, Clients must conduct themselves responsibly according to the Internet's own particular code of conduct. Participating successfully on the Internet is really a matter of common sense. Although MakoSolutions does not control the Internet, your conduct on the Internet when using your MakoSolutions account is subject to MakoSolutions rules. Because MakoSolutions wants to be a good Internet citizen, it prohibits Clients from engaging in certain conduct on the Internet through or by means of MakoSolutions including the following: (1) Chain Letters. Chain letters are prohibited on the MakoSolutions network and are inappropriate on the Internet. Posting a chain letter to an Internet newsgroup (or via email on the Internet) from your site may result in your MakoSolutions Services site being terminated.
    • Commercial Communication. The vast majority of newsgroups and mailing lists on the Internet are not commercial in nature, and participants in such groups may object strongly to commercial postings, solicitations, or advertisements.
    • Other Inappropriate Posts. Each newsgroup and mailing list on the Internet focuses on a particular set of topics and posts not related to these topics are not welcomed by the participants. We suggest that all Clients become familiar with the guidelines, themes, and culture of the specific newsgroups and mailing lists in which they wish to participate. Posting or distributing inappropriate material on or from your site (i.e. spamming or mail bombing) may result in suspension or termination of your MakoSolutions account.
    • Copyright and Proprietary Materials. You should be aware that much of the Content available on the Internet is protected by copyright, trademarks, trade secrets and other rights of the independent third parties or their licensers who make such content available on the Internet. Clients use of such Content will be subject to the specific restrictions place on such Content by the owners or licensors of the Rights in such Content and all applicable laws and regulations. Transmitting to the Internet or posting on your site copyright or other material of any kind which is subject to rights of any person or entity without the express permission of the right's holder is prohibited and will result in termination of your MakoSolutions Service and possible civil and /or criminal liability.
    • Offensive or Objectionable Material. MakoSolutions reserves the right to request you remove any material which MakoSolutions deems offensive, hurtful, or otherwise objectionable. Failure to do so may result in blocking your site or termination of the Agreement by MakoSolutions Services.

You understand that except for content, products or services expressly available at MakoSolutions's Web site, neither MakoSolutions nor any of its affiliates controls, provides operates, or is responsible for any content, goods, or services available on the Internet. All such content, goods, and services are made accessible on the Internet by independent third parties and are not part of MakoSolutions or controlled by MakoSolutions. MakoSolutions neither endorses nor is responsible for the accuracy or reliability of such content, goods, or services available on the Internet, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither MakoSolutions nor its affiliates shall be held responsible or liable, directly, or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any content, goods or services available on the Internet or your inability to access the Internet or any site on the Internet. The foregoing provisions o this paragraph shall apply with equal force even where MakoSolutions features or displays a link with any particular Web site.

You should be aware that the Internet contains content, goods, and services that you may find obscene, improper, hurtful, or otherwise offensive and that may not be suitable for certain individuals or for minors who are accessing the Internet. MakoSolutions does not have the capability or right to monitor, or review, or restrict any content, goods, or services made available by third parties on the Internet, nor to edit or remove any such questionable content after posting on the Internet. In addition, you should be aware that the Internet provides access to users who are not part of MakoSolutions and whose conduct and communication may also be found harmful or offensive to clients or which would otherwise breach the MakoSolutions rules if they were subject to it. MakoSolutions and its affiliates specifically disclaim any responsibility for (and under no circumstances be liable for) any conduct, content, goods , and services available on or through the Internet (including without limitation any part of the Web).

Your use of the Internet is subject to all applicable local, state, national, and international laws and regulations, Without limiting the other rights available to MakoSolutions, MakoSolutions retains the right but not the obligation, in its sole discretion and without prior notice or liability, to restrict and/or terminate your access to the Internet and MakoSolutions if your use of the Internet violates any such laws or regulations, any prohibitions upon your conduct in connection with the Internet raised in this paragraph or otherwise restricts or inhibits any other user from enjoying the Internet or MakoSolutions.

EXHIBIT C

Service Level Agreement (SLA)

MakoSolutions, LLC. 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 MakoSolutions network. The MakoSolutions Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of MakoSolutions's web hosting, reseller, dedicated server, co-location, e-commerce, high speed wireless, and dial-up/dedicated access services.

Uptime Guarantee:

MakoSolutions 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 MakoSolutions monitoring systems or MakoSolutions authorized/contracted outside monitoring services. If MakoSolutions 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. MakoSolutions does not credit a full month's service for minor downtime. This would not be financially healthy for MakoSolutions, and in turn would only negatively affect the service level MakoSolutions provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, MakoSolutions 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 MakoSolutions network caused by or associated with:

Connectivity:

MakoSolutions's goal is to make the MakoSolutions 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 MakoSolutions service failure for more than 15 consecutive minutes, excluding service failures relating to MakoSolutions's scheduled maintenance and upgrades. The MakoSolutions network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. MakoSolutions's goal is to keep Average Round-Trip Latency on the MakoSolutions network to 85 milliseconds or less. MakoSolutions defines "Average Round-Trip Latency", with respect to a given month, as the average time required for round-trip packet transfers between the MakoSolutions network and major US backbone peering points during such month, as measured by MakoSolutions. MakoSolutions's goal is to keep Average Packet Loss on the MakoSolutions network to 1% or less. MakoSolutions defines "Average Packet Loss", with respect to a given month, as the average percentage of IP packets transmitted on the MakoSolutions network during such month that are not successfully delivered, as measured by MakoSolutions.

Measurement:

MakoSolutions will periodically (on average every 5 minutes) monitor MakoSolutions 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 MakoSolutions network but not other networks to which Client may connect. MakoSolutions reserves the right to periodically change the measurement points and methodologies it uses without notice to Client.

Hardware Failure:

MakoSolutions stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. MakoSolutions utilizes only name brand hardware of the highest quality and perfomance. MakoSolutions 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 MakoSolutions contracts with Cisco and backbone providers in regard to the emergency repair service in case of such an issue. Software re-installation and data replacement after server failure, will be completed with 10 hours of of problem identification. MakoSolutions 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. MakoSolutions 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 MakoSolutions web site, by filling out the "Service Level Agreement (SLA) Request" form. Each request in connection with network/server outages/ downtime must be received by MakoSolutions 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 MakoSolutions within five days after the end of such month. The total amount credited to a Client for MakoSolutions not meeting SLA service levels will not exceed the service fees paid by Client MakoSolutions for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after MakoSolutions's receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by MakoSolutions. Upon Client's request (in accordance with the procedure set forth below), MakoSolutions will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to MakoSolutions and confirmed by MakoSolutions's 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 MakoSolutions network for a calendar month exceeds 85 milliseconds, then upon Client's request, MakoSolutions 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, MakoSolutions will issue a credit to Client equal to five day's worth (1/5th) of the monthly service fees paid by Client for such month.

General:

MakoSolutions 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, MakoSolutions makes no claims regarding the availability or performance of the MakoSolutions 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/agree client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.

EXHIBIT D

Basic Policy and Service Guidelines (AUP)

MakoSolutions, LLC. provides services to clients all around the world. MakoSolutions has the responsibility to protect each client and provide them with the best services available. The following guidelines were designed to insure these services.

Content: All services provided by MakoSolutions, LLC. may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless MakoSolutions, LLC. from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on any MakoSolutions, LLC. server EXCEPT those on the UnRestricted.NET Network This includes sites that may infer sexual content, or links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to MakoSolutions, LLC. servers or any other server on the Internet. Links to such materials are also prohibited. Viewing/downloading of such information/data by MakoSolutions Internet Access customers is not governed by MakoSolutions policy, and is at your own discretion/free-will, and may be governed by your state/federal government.

Examples of non-acceptable content or links: Pirated software, "Illegal MP3's", Hackers programs or archives, Warez Sites, Child Pornography.

MakoSolutions, LLC. will be the sole arbiter as to what constitutes a violation of this provision.

Unlimited Traffic/Hits & Server Resource Usage: MakoSolutions is pleased to offer our Managed Virtual Hosting clients 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 allotted bandwidth/data transfer included with your selected package. To maintain the integrity of our service the following traffic/usage limitations apply.

Managed Virtual Hosting sites with banners, graphics or cgi's running from their domain being used on other domains. Sites with immense graphic archives or galleries. Sites offering immense download archives, such as .zip, .tar, .ra and .GZ. Sites running large chat room gatherings. Sites using more than 20% of system resources.

If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or, MakoSolutions may move your site to a different server, to reduce the load on the server you are currently residing... MakoSolutions, LLC. will be the sole arbiter as to what constitutes a violation of usage limitations. Bandwidth/data transfer will go unmonitored until you reach your account limit, then normal over-usage data transfer costs will apply. At any time MakoSolutions may move your site to a different server, to reduce the load on the server you are currently residing...

Chat Rooms: MakoSolutions does allow Managed Virtual Hosting clients to install their own chat rooms. However, these tend to be large system hogs and may fall into the usage limitations clause. We do provide a html based cgi chatroom that runs without hindering the performance of the machine for others. You are free to run your own chat script, as long as it does not hinder server performance.

Background Processes/Programs: MakoSolutions may allow Managed Virtual Hosting client's programs to run continually in the background, These are considered on a one to one basis and a extra charge may be incurred based on system resources used and operational maintenance needed.

Cron Jobs: MakoSolutions does allow Cron Jobs to be conducted on our Managed Virtual Hosting servers.

IRC: MakoSolutions currently does not allow IRC or IRC bots to be operated on our servers. IRC access may be enabled for MakoSolutions High Speed Wireless and Dedicated Access customers upon special request.

Multiple Connections: MakoSolutions does not allow multiple dial-in connections on a single dial-up access account. Multiple telnet and ftp sessions are allowed, on a single hosting account. Multiple computers/networks are permitted on MakoSolutions High Speed Wireless & Dedicated Access accounts.

Idle Timeouts: MakoSolutions may disconnect any idle connection to the network. Average timeouts are: FTP - 300 seconds Dial-Up - 10-15 minutes Telnet - 2 hour

Commercial Advertising - Email: Spamming, or the sending of unsolicited email, from a MakoSolutions, LLC. server or using an email address that is maintained on a MakoSolutions, LLC. machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them. MakoSolutions, LLC. will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptable, as long as Opt-Out/Removal request are fully honored. Please make an effort to limit outgoing mail on your account to no more than 1000 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM - 8AM EST

Server Abuse: Any attempts to undermine or cause harm to a MakoSolutions, LLC. server or customer of MakoSolutions, LLC. is strictly prohibited. MakoSolutions, LLC. will pursue legal action to the fullest extent for all abuse of the MakoSolutions, LLC. Network.

Suspension/De-Activation: If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. MakoSolutions reserves the right to remove any account without prior notice. If MakoSolutions deactivates your account(s) for violating policy, your will forfeit your rights to a refund...and none will be given. No refunds for advance payments, on de-activated accounts. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation.

SOFTWARE

Operating System: MakoSolutions will perform the initial installation and security/kernel patches and/or updates of any supported operating system, at no additional cost. MakoSolutions supported operating systems currently include: Fedora Linux 1+, FreeBSD 4+, & CentOS Linux 3+. End-of-life support is still currently being provided for Red Hat Linux 8+. Re-installation of any server, for reasons other than hardware failure, will be charged a flat rate of $75.00. MakoSolutions will assist with troubleshooting and repairing basic operating system problems for supported operating systems. MakoSolutions may install alternative operating systems, upon client request, which is dealt with on a case by case basis. Support may be limited in regards to alternative operating system setup/configuration, and/or for those clients choosing not to utilize a MakoSolutions supported control panel--regardless of operating system selected. MakoSolutions supported control panels currently include CPanel, Plesk, & DirectAdmin. A flat rate of $9.95 is charged for VPS operating system re-installation. Co-Location clientele are charged a flat rate of $75.00 per operating system installation or re-installation.

Control Panel: MakoSolutions will perform the initial installation and test of the supported control panel software for any server ordered with such. If a managed server includes supported control panel software, MakoSolutions will support, to the best of it's ability, control panel related problems and issues. This includes, but is not limited to, support of basic control panel functions (ie: adding/removing accounts, dns functions, password changes, etc.) and limited support of control panel installed 3rd party software (ie: proftpd, pureftpd, mailman, agora). MakoSolutions will not provide support of the control panel software, or any of its' 3rd party software inclusions, regarding issues of software bugs or errors, and such issues should be brought to the attention of the software vendors directly for support. MakoSolutions is not responsible for web development, non-supported 3rd party software and/or scripts (ie: compatibility, installation, maintenance), and/or ongoing daily administration tasks (ie: setting up new users, email accounts, & domains). MakoSolutions, at it's discretion, may assist with initial custom setup/configuration of the server (ie: setting up new users, email accounts, & domains, and/or software modifications). MakoSolutions will install supported control panels purchased through MakoSolutions, at no additional charge, for Co-Location & External Licensing clientele. Re-Installation of control panels purchased through MakoSolutions for Co-Location & External Licensing clientele, for any reason, will be charged a flat rate of $9.95. Support for control panels purchased through MakoSolutions, for Co-Location & External Licensing clientele, will be billed at a rate of $75/hour. Installation of MakoSolutions supported control panel software requires, and will only be performed on, freshly installed operating systems.

Software Updates/Patches and O/S Upgrades: MakoSolutions will assist, upon request, with control panel updates and security patches on any system running a supported operating system and utilizing a MakoSolutions supported control panel. MakoSolutions supported control panels may automatically update, including their installed 3rd party software, and may be user-configureable whether or not to do such. MakoSolutions may assist with control panel updates and security patches of systems running alternative operating systems, or not utilizing a MakoSolutions supported control panel, dealt with on a case by case basis, at a rate of $75/hour. MakoSolutions will automatically update and patch Virtual Hosting, VPS backend, and Maximum Admin Fully Managed systems, at it's best discretion. Individual VPS behave and are treated as regular systems in regards to control panel updates and patches, and MakoSolutions will assist, upon request, with control panel updates and security patches on any VPS utilizing a MakoSolutions supported control panel. MakoSolutions may assist with security patches of any VPS not utilizing a MakoSolutions supported control panel, dealt with on a case by case basis, at a rate of $75/hour. MakoSolutions only delivers VPS with supported operating systems installed. Upgrades of operating systems will be dealt with on a case by case basis, and may or may not be subject to a flat $75.00 fee, dependant on complexity of the upgrade, and basis for such. The operating system of a VPS may not be able to be upgraded, and may require a complete re-installation, which may be done for a flat rate of $9.95. MakoSolutions may assist with control panel updates and security patches for Co-Location & External Licensing clientele, dealt with on a case by case basis, at a rate of $75/hour.

HARDWARE

Maintenance and Replacement: If any hardware component on a MakoSolutions supplied system fails, MakoSolutions will replace it free of charge, within timeframes specified in the Service Level Agreement (SLA). All operating systems, supported and non-supported, as well as software/configurations installed prior by MakoSolutions, will be re-installed at no additional cost to the client, in the case of failed hardware. For information regarding system restoration beyond the operating system and software/configurations, please see the section in this document entitled "Data Recovery/Backups".

Hardware Upgrades: Information on installation/setup fees and/or monthly fees for hardware upgrades is available via the Features Add-On/Upgrade Form. Upgrading hard drives to a different size or type of drive, requiring the re-installation of the operating system and software/configurations, and the transfer of data from the old system/drive(s), will be billed at a rate of $75/hour.

DATA RECOVERY/BACKUPS

MakoSolutions always recommends purchasing backup storage/service with any and all systems/services. Clients may purchase backup drives and/or backup storage and perform their own backups--with or without MakoSolutions or control panel supplied backup software enabled, or may purchase a managed backup solution from MakoSolutions.

Hardware Failure: All operating systems, supported and non-supported, as well as software/configurations installed prior by MakoSolutions, will be re-installed at no additional cost to the client, in the case of failed hardware. If backup storage does not exist, MakoSolutions will re-install the operating system and software/configurations previously installed by MakoSolutions, on a new hard drive, and attempt to leave the defective drive in place for the customer to retrieve/restore data--for up to 72 hours after re-installation. If a backup storage exists, and the client was performing their own backups--with or without MakoSolutions or control panel supplied backup software enabled on the backup storage, MakoSolutions will re-install the operating system and software/configurations previously installed by MakoSolutions, on a new hard drive, and attempt to leave the backup drive and/or defective drive in place for the customer to retrieve/restore data--for up to 72 hours after re-installation. MakoSolutions, at it's discretion, may assist with data restoration at a rate of $75/hour. If a managed backup solution exists, and MakoSolutions or control panel supplied backup software was enabled, MakoSolutions will re-install the operating system and software/configurations previously installed by MakoSolutions, on a new hard drive, and will assist with restoration of the system data, at no additional charge. Managed backup solutions exist automatically for all MakoSolutions Virtual Hosting and VPS clientele, as well as Maximum Admin Fully Managed clientele, however, MakoSolutions always recommends purchasing additional Remote Backup services as well. MakoSolutions cannot guarantee full, or even partial, recovery of data from a failed drive, but will work to the limit of their abilities to restore data from the failed hardware, based on defined policy and procedure. Client may purchase a defective drive from MakoSolutions, at reasonable market prices, and have the drive shipped to them, or to a data recovery company, at their expense with a minimal handling fee.

Software Failure and Hacked/Compromised Operating Systems: Operating system re-installation by MakoSolutions will be charged a flat rate of $75.00, and assistance with software/configurations and/or data recovery will be billed at a rate of $75/hour, in the case of a system suffering software bugs or operating system compromise.

If backup storage does not exist, MakoSolutions will re-install the operating system and software/configurations previously installed by MakoSolutions, on a new hard drive, and attempt to leave the bug-ridden/compromised drive in place for the customer to retrieve/restore data--for up to 72 hours after re-installation.

If a backup storage exists, and the client was performing their own backups--with or without MakoSolutions or control panel supplied backup software enabled on the backup storage, MakoSolutions will re-install the operating system and software/configurations previously installed by MakoSolutions, on a new hard drive, and attempt to leave the backup drive and/or bug-ridden/compromised drive in place for the customer to retrieve/restore data--for up to 72 hours after re-installation. MakoSolutions, at it's discretion, may assist with data restoration at a rate of $75/hour.

If a managed backup solution exists, and MakoSolutions or control panel supplied backup software was enabled, will re-install the operating system and software/configurations previously installed by MakoSolutions, on a new hard drive, and will assist with restoration of the system data, at no additional charge. Managed backup solutions exist automatically for all MakoSolutions Virtual Hosting and VPS clientele, as well as Maximum Admin Fully Managed clientele, however, MakoSolutions always recommends purchasing additional Remote Backup services as well.

MakoSolutions cannot guarantee full, or even partial, recovery of data from a bug-ridden/compromised system, but will work to the limit of their abilities to restore data, based on defined policy and procedure.

Co-Location clientele are responsible for their own hardware replacement and re-installation of operating system and software/configurations. Operating system re-installation by MakoSolutions will be charged a flat rate of $75.00, and assistance with software/configurations and/or data recovery will be billed at a rate of $75/hour.

Remote Backup clientele are responsible for their own hardware replacement and re-installation of operating system and software/configurations, as well as data recovery. MakoSolutions will supply assistance with connecting to the stored data, to the best of it's ability. Support may be available directly from backup software vendors for their product(s). MakoSolutions, at it's discretion, may assist with data restoration at a rate of $75/hour, dealt with on a case by case basis.

Consulting/Networking clientele, utilizing MakoSolutions Remote Backup solutions, will be billed at a rate of $75/hour for hardware replacement work, operating system re-installation, and assistance with software/configurations and/or data recovery. Support may be limited for software/configurations not originally installed/provided by MakoSolutions. If MakoSolutions is not performing data recovery, MakoSolutions will supply assistance with connecting to the stored data, to the best of it's ability. Support may be available directly from backup software vendors for their product(s), or the original vendor/installer of your other software/configurations.

MONITORING

It is the client's responsibility to update MakoSolutions any time that the root password is changed on a system, otherwise MakoSolutions will be unable to restore/restart failed monitored protocols automatically, and will not be held liable for failure to do such. It is the client's responsibility to keep access by MakoSolutions monitoring system ip addresses available to their system, and not blocked via firewall, and to notify MakoSolutions any time a port is changed on a monitored protocol or if a protocol disabled. Otherwise MakoSolutions will be unable to provide monitoring services, and will not be held liable for failure to do such. If a protocol is consistently unavailable to the MakoSolutions monitoring system, MakoSolutions may at it's discretion cease monitoring such protocol. In some circumstances, MakoSolutions may override and change the root password to your system, in cases MakoSolutions deems such necessary to correct an urgent issue, or to remedy an AUP/TOS issue.

Internet Access clientele, utilizing MakoSolutions Dedicated and High Speed Wireless solutions, will be monitored by default via ICMP protocol (PING). It is the client's responsibility to maintain power to the Client Premise Equipment (CPE), otherwise MakoSolutions will be unable to monitor and/or restore/restart services reporting errors, and will not be held liable for failure to do such. If Client Premise Equipment (CPE) is consistently unavailable to the MakoSolutions monitoring system, due to client actions or preferences, MakoSolutions may at it's discretion cease monitoring such service.

AUP/TOS ISSUES

MakoSolutions may charge for dealing with AUP/TOS issues, and/or administration work required to prevent such from occuring again in the future. For details on such charges, please review the AUP/TOS policy.

ABNORMAL SUPPORT

MakoSolutions charges a rate of $75/hour for support and/or administration work not included or specified by the terms of this management policy. Support and/or administration work not included or specified by the terms of this management policy, will be performed by MakoSolutions at it's discretion, and dealt with on a case by case basis. Clientele will be informed of such charges in advance, and be required to give authorization to MakoSolutions to proceed with such work.

Phone Support - MakoSolutions provides 24/7/365 phone support to clientele with "fully managed" support contracts that have selected the "Phone Support" option ONLY. Clientele with "basic managed" support contracts receive phone support for reboots and emergencies ONLY. Phone support provided to "basic managed" clientele is deemed "Abnormal Support", and will be billed at a rate of $75/hour. The Sales, Billing, & Customer Service Depts are available via telephone for all clients, during normal scheduled business hours.

Internet Access - MakoSolutions's responsibility to Internet Access clientele ends at the point of circuit handoff. This includes Client Premise Equipment (CPE), as well as router/switching hardware if supplied and managed by MakoSolutions. Abnormal Support provided due to constant client error or misconfiguration of such equipment will be billed at a rate of $75/hour. MakoSolutions will be the sole arbiter as to what constitutes Abnormal Support in such cases. MakoSolutions is not responsible for client's systems or software utilizing such services, but may at it's discretion assist with providing Consulting/Networking services at a rate of $75/hour. In cases of Spam, Spyware, and/or Virus issues, MakoSolutions may find it necessary to suspend service to clientele, until which time such issue is corrrected. MakoSolutions may at it's discretion assist with providing Consulting/Networking services, to assist with cleanup of Spam, Spyware, and/or Virus issues, at a rate of $75/hour.

* Contact MakoSolutions for any item/service not explicitly detailed.

General AUP:

Services provided by MakoSolutions may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State, or City law is prohibited.

The subscriber agrees to indemnify and hold harmless MakoSolutions from any claims resulting from the use of the service which damages the subscriber or any other party.

Content:

Examples of unacceptable content include, but are not limited to:

Copyrighted media, without authority to distribute or display
Unlicensed applications
Cracking programs or key generators
Child pornography or kidnapping material
Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation
Terrorist propaganda, racist material, or bomb/weapon instructions
Virus/Virii, Spyware, Malware, or other infectious material
Material protected by trade secret or other statute

Additionally, MakoSolutions prohibits:
IRC and associated programs (including psybnc, "bots", etc...)
Scripts commonly used for abuse, attacks, or flooding
Threatening, harrassing, or obscene content
Any proxies which do not require authentication (including open mail proxies, unprotected anonymous web surfing proxies, etc...)
Legal adult content is permitted on all MakoSolutions product lines. The viewing/downloading or possession of such information/data by MakoSolutions clientele is not governed by MakoSolutions policy, and is at your own discretion/free-will, and may be governed by your state/federal government.
Links to unacceptable content, as defined above, are also prohibited.

Online Activity:
Any attempts to undermine or cause harm to the MakoSolutions equipment, network, operations, or clientele is STRICTLY prohibited. MakoSolutions will pursue legal action to the fullest extent for all abuse/violation of such.

Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of MakoSolutions, is prohibited.
This includes, but is not limited to:

Denial of Service Attacks (DOS/DDOS)
Unnecessary Port Scans
Mail Bombing
Unsolicited Advertising via IM, Forums, Newsgroups, Email, etc..
Bulk Email: We understand that bulk email is an important mechanism for keeping people informed. However, spamming (unsolicited advertising), from the MakoSolutions network, or spamvertising (unsolicited advertising of) sites hosted on the MakoSolutions network is STRICTLY prohibited.
Legitimate bulk email meets the following criteria:

  1. The recipient has confirmed his willingness to be added to the distribution list of the mailing, by responding to a verification email, or, otherwise, verifiably confirming permission. (Evidence of such must be retained and available by request.)
  2. Messages include: Valid headers, removal instructions, and information on the method by which the subscribed address was obtained.

All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription.

If MakoSolutions approaches a client for evidence of confirmation, this request must be honoured within 48 hours.

Failure to meet the acceptable criteria for bulk mail may lead to immediate termination.

Additionally, if such actions have caused mail servers or IP address ranges on the MakoSolutions network to be blacklisted, MakoSolutions reserves the right to assess a $100 charge to the customer account. This fee is set to cover administrative costs associated with removal from such lists.

Please make an effort to limit outgoing mail on your account to no more than 1000 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM - 8AM EST.

Policy Violations:
MakoSolutions may, at any time, audit systems for any data/activity showing potential policy violations.

Warnings: The MakoSolutions Abuse Dept makes an attempt to contact the client, via email, when the first sign of a possible violation is noted. These alerts are a courtesy. Responses to such alerts are required. If an alert is received from any MakoSolutions staff member, the client is responsible for acknowledging his/her understanding and citing any action planned or taken, within 24 hours of the notice. Failure to do so may lead to suspension. Repeated failure to do so may result in termination.

Note: It is extremely important to ensure that the email address on record with the MakoSolutions Customer Service Dept is valid. This is the address used for abuse notifications and warnings.

Suspension/Deactivation:
If any terms or conditions are failed to be followed, the client risks service suspension or termination. MakoSolutions reserves the right to remove any account, without prior notice. If MakoSolutions deactivates an account for violating policy, the client will forfeit any rights to a refund. No refunds for advance payments will be granted for deactivated accounts.

Reactivation: If a service is suspended, the client will be required to pay a reactivation fee of $75.00, and when applicable, to cover any administrative costs associated with the offense/violation, as determined by MakoSolutions.

Unauthorized Usage:
In any case involving unauthorized parties utilizing a MakoSolutions service for abuse/violations, the client will be responsible for stopping all affected applications, until the source of the problem is found and corrected. MakoSolutions may opt to disable all services until the client can perform such an investigation. If the technical support of MakoSolutions is required for the investigation, the client agrees to compensate MakoSolutions at a rate of $75/hour for such services performed, if such services are not included in the client's current service package.

In general, the client is responsible for maintaining a secure system. This includes, but is not limited to:

Requesting kernel updates
Applying application patches
Additionally, MakoSolutions will not be responsible for securing third-party applications.
The client is expected to monitor his/her system(s) and/or service(s). Resource usage should be maintained within the level outlined in the service contract. Abuse caused by end-users or unauthorized parties may increase resource usage and it should be noted that overage fees may apply.

Certain clientele, such as those with Maximum Admin fully managed support services, may be entitled to a higher level of support than those clientele with only basic management included with their service(s). The above unauthorized usage responsibilities may differ for such clientele. Further details of technical support provided can be found in the MakoSolutions Managed Services Definition and Backup Policy.

Resource Usage:
MakoSolutions 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. MakoSolutions 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 service is sold as a specified port size (ie...10MBPS UNMETERED) or specified/requested as a capped port. MakoSolutions 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 MakoSolutions clientele, MakoSolutions reserves the right to throttle and/or disconnect the service causing such a problem.

Filtering: MakoSolutions 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.

Unmetered: Services advertised/sold as "UNMETERED" will not be subject to bandwidth overage fees. Bandwidth is supplied from a shared pool, and is not supplied as guaranteed/dedicated bandwidth. Burstable usage of the UNMETERED service/port is permitted, however, a service that has heavy sustained usage may have their port capped or be asked to upgrade to a dedicated service plan. UNMETERED service is supplied on a "best-effort" basis---which may result in some slowdowns during peak traffic times.

Backup Service: To maintain the integrity of our service, MakoSolutions 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.

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

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