The VPS Hosting Terms of Service apply to all MakoSolutions customers with a virtual private server.

Content

All services provided by MakoSolutions, LLC are to 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 Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless MakoSolutions, LLC, from any claims resulting from the subscriber's use of MakoSolutions's services which damages the subscriber or any other party.

Examples of prohibited content or links include (but are not limited to):

• IRC Software
• Pirated software
• Hacking sites, programs or archives
• Warez Sites
• Distribution of music files or any other material in which the account holder does not own the copyright.

MakoSolutions, LLC will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.

Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.

Commercial Advertising - Email -

• Spamming, i.e. the sending of unsolicited email, from any MakoSolutions server or any server located on the MakoSolutions network is STRICTLY prohibited. MakoSolutions will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at MakoSolutions.
• Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by MakoSolutions customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any MakoSolutions, LLC-hosted domain, or referencing any MakoSolutions account, is prohibited.
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
• Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
• Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
• All commercial email marketing companies must adhere to the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. In addition such companies are prohibited sending bulk mail from "disposable domain names" with whois privacy protection.

Server Abuse - Any attempts to undermine or cause harm to a MakoSolutions server or subscriber of MakoSolutions is strictly prohibited including, but not limited to:

• Logging into a server or account that you are not authorized to access
• Accessing data or taking any action to obtain services not intended for you or your use
• Attempting to probe, scan or test the vulnerability of any system, subsystem or network
• Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
• Interfering with, intercepting or expropriating any system, data or information
• Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system
• Customers found to be exceeding their allocated resources will be suspended/terminated at the discretion of MakoSolutions.

You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of MakoSolutions, LLC and all dedicated servers must adhere to the above policies.

Bandwidth Measurement and Overage Fees

As of August 11, 2004 all bandwidth listings consist of the sum of incoming and outgoing bandwidth allowance. Incoming and outgoing bandwidth allowances are calculated on a 50/50 split of incoming to outgoing bandwidth based on the total bandwidth, therefore the incoming and outgoing bandwidth allowances are each half of the total listed bandwidth. Any bandwidth usage exceeding either the incoming or outgoing bandwidth total will be billed at the rate of $0.75 per GB over.

Dedicated Server Support

Basic support and maintenance of dedicated servers is provided at the discretion of MakoSolutions, LLC In the case of erroneous instances or support issues extending beyond what we determine to be within the realm of reasonable assistance, support is priced as follows: $70/hour

Scheduled Maintenance and Downtime

MakoSolutions will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond MakoSolutions's control or which are not reasonably foreseeable by MakoSolutions, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. MakoSolutions will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. MakoSolutions has no responsibility for downtime resulting from a user's actions. Also, the 100% network uptime guarantee does not apply for shared accounts.

Refunds

Refunds will be posted for FULL months only, with the exception of plans including a 30 day money back guarantee (shared hosting only). Virtual Dedicated, Virtual Private, and Dedicated servers are not included for the 30 Day Money Back Guarantee. Notice of cancellation must be given 72 hours before the month in question begins. Setup fee is NON refundable. $14.95 will be deducted from the money refunded if the user's domain was registered via MakoSolutions, LLC's free domain registration method. Pre-payments for 3/6/12 months are non-refundable in the case that an account is cancelled/terminated by either client or MakoSolutions.

Any violation of MakoSolutions, LLC's Terms of Service Agreement shall result in no refund.

Account Setup, Termination, and Billing:

The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month's billing cycle. Billing dates are anniversary based (every month).

Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is received by MakoSolutions, LLC

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received by the second day of new service period. A late payment fee of $25 will be automatically assessed on accounts without payment after the due date has elapsed. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account.

Termination of accounts due to overdue payment: If the account is not paid within 5 days of the invoice date, the account will be terminated and all information within the account will be deleted.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.

Free Domain Name Registration: MakoSolutions will register any available .com, .org, or .net domain for free upon creation of a new Enterprise account. The free domain offer does not apply to existing accounts, or to orders that did not request the free domain registration at the time the order was placed.

Free registration is for the first year only, subsequent renewals are $15 per year that the domain is renewed for.

Courtesy Services for Customers

All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. MakoSolutions, LLC is not responsible for lost data or for lost data due to third party software that is not maintained by MakoSolutions, LLC programming staff. (Cpanel is not associated with MakoSolutions, LLC)

Limitation of Damages
Recovery of damages from MakoSolutions may not exceed the amount of fees it has collected on the account.

Network Uptime Service Level Agreement

MakoSolutions guarantees network uptime to be 100% (Platinum Series) or 99.8% (Gold Series). This guarantee assures that all major routing devices within our network are reachable from the global internet 100% (Platinum Series) and 99.8% (Gold Series) of the time.

Network SLA Exclusions

Many possible situations are completely beyond the control of MakoSolutions, and therefore are not in the scope of this SLA. These situations include:

• Scheduled Network Maintenance - occasionally network maintenance will be required. MakoSolutions will do everything possible to minimize and avoid downtime during this maintenance. You will receive prior notification of upcoming maintenance at the email address we have on file. Scheduled maintenance periods are not eligible for SLA credits.
• Hardware Maintenance - on rare occasions, the hardware in your VPS may need maintenance or replacement. MakoSolutions will do everything possible to minimize any downtime in these situations per our hardware replacement SLA. Any downtime incurred as a result of this maintenance will not be counted towards our network SLA.
• Software Maintenance - an important part of managing a virtual private server is keeping the software up to date. If you choose to have MakoSolutions manage your server, occasional software updates will be required to address security or performance issues. Usually you will experience little or no downtime in these situations, but we cannot guarantee a specific amount of time in all situations.
• Malicious Attacks - if a third party not associated with MakoSolutions initiates a "Denial of Service" or other form of disabling attack against your server or major portions of our network, MakoSolutions will do everything in its power to stop the attack, but cannot guarantee a resolution time.
• cPanel Issues - if you choose to run cPanel and Web Host Manager on your VPS, the default install will be configured for automatic updates of cPanel related software. On occasion, one of these automatic updates could adversely affect all or part of the cPanel related software on you server. MakoSolutions will do whatever is necessary to fix any cPanel related problems, but cannot guarantee a resolution time.

Network SLA Remedy

In the event that MakoSolutions does not meet this SLA, VPS Hosting clients will become eligible to request compensation for downtime. If MakoSolutions is or is not directly responsible for causing the downtime, the customer will receive a credit for 10 times (1000%) the actual amount of downtime. This means that if your server is unreachable for 1 hour (beyond the 0.0% or 0.2% allowed), you will receive 10 hours of credit.

All requests for compensation must be received within 5 business days of the incident in question. The amount of compensation may not exceed the customer's monthly recurring charge. This SLA does not apply for any month that the customer has been in breach of MakoSolutions Terms of Service or if the account is in default of payment.

General

Terms Of Service are subject to change without any prior notification. These Terms of Service are a legally binding contract between the subscriber and MakoSolutions, LLC. By opening an account, the subscriber agrees to the above-stated terms. Anything not listed in the Terms of Service is open to interpretation and change by MakoSolutions, LLC administrators without prior notice. All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable. The 30-day money back guarantee does not pertain to Virtual Dedicated and Full Dedicated server plans. Any violation of these Terms of Service will result in termination of the account. MakoSolutions, LLC maintains the right to terminate accounts without prior notification. We reserve the right to remove any account with 15 days prior notice.

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.

Re-Installation: VPS re-installs will be charged a flat fee of $35.00, unless the re-install is due to MakoSolutions fault (hardware failure, etc.)

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.

Abusive Clientele:

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

• Verbal abuse - cursing, yelling, threatening, etc...
• Ongoing disregard for warnings or notices
• Consistent mistakes/errors/changes causing unnecessary workload
• Spamming MakoSolutions email addresses, ticket systems, or servers
• Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage
• Consistent late payments or responses
• Issuing a chargeback or bouncing a payment
• Continuous activation of problematic end-users
• Activity which affects the service(s) of other MakoSolutions clientele

Dispute Resolution

Any dispute between MakoSolutions and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Delaware law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in New Castle County, Delaware, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.