Section 1: Sobe Sky Marketing

1.1 These Terms and Conditions govern the relationship (the “Agreement”) between the customer (“Customer”) and Sobe Sky Marketing regarding the dedicated server service, VPS server services, seo hosting server services (the “Service”). Additional terms and conditions shall apply to certain additional services.

1.2 The Customer must be an adult person or of legal age. The Agreement between the parties may not be extended by the Customer to include an additional party.

Section 2: Period of the Agreement

2.1 Unless otherwise agreed, the initial period of the Agreement shall be either twelve (12) or twenty-four(24) months, whereupon completion of the initial period the Agreement will be renewed on a monthly basis.

Section 3: Payment Terms

3.1 Payments shall be made in advance on a monthly, quarterly or yearly basis . If a payment has not been made by the due date, Sobe Sky Marketing is entitled to assign the collection of the debt to a third party and to immediately discontinue the provision of the Service. This shall apply unless other payments terms have been agreed upon.

3.2 Accounts will be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment. Also a $75.00 reactivation fee will apply per server upon suspension.

Section 4: Termination

4.1 The termination period shall be 3 months counted backwards from the end of the current period. If you choose to terminate your service before the end of your contract period, then it will be a charge 20% of the remaining contract to cancel.

4.2 There is a 30 day cancellation period once the cancellation letter has been received.

4.3 Sobe Sky Marketing is entitled to terminate the Service with immediate effect if the Customer has breached any of the provisions of this Agreement or any additional agreement, including receiving a SBL listing in http://www.spamhaus.org due to spamming of our IPs. The normal cancellation fee will be in effect if this is due to the abuse of our IPs.

4.4 The Customer’s data shall be erased from the storage media in the server when the termination comes into force. The Customer is entitled to buy storage media. This must be reported to Sobe Sky Marketing in connection with the termination.

4.5 Sobe Sky Marketing is entitled to re-use hardware subsequent to termination.

Section 5: Service fees

5.1 Fees may be changed only in connection with the next contractual period and the Customer shall be notified thereof at least one (1) month prior to the beginning of a new contractual period. Fee reductions do not need to be announced in advance. As regards fee increases, the Customer is entitled to terminate the Agreement within seven (7) days of being notified of the fee increase.

5.2 Where the Customer uses more than the allowed amount of traffic, Sobe Sky Marketing is entitled to directly charge the Customer in accordance with the applicable price list. Retroactive charging shall also be possible. Sobe Sky Marketing is also entitled to draw up an permanent agreement with monthly or quarterly charging for the increased amount of data transfer. Sobe Sky Marketing is also entitled to draw up an permanent agreement with monthly or quarterly charging for greater bandwidth, if justified.

Section 6: Assignment of services

6.1 The Customer may assign the Service to a third party subsequent to Sobe Sky Marketing consent. The request for assignment shall be made in writing on a form as indicated by Sobe Sky Marketing. The new Customer shall not be liable to pay for liabilities which have arisen prior to the assignment.

Section 7: Sobe Sky Marketing responsibility

7.1 Sobe Sky Marketing shall exercise no control over the information or materials which are placed on the Customer’s server and shall, therefore, not be liable for any direct or indirect damage that has arisen as a result of the Customer’s actions or due to deficiencies in the Customer’s server. Sobe Sky Marketing shall not be held liable for any damages in connection with intrusions on the Customer’s server.

7.2 Sobe Sky Marketing is entitled to move the Customer’s server to another location in the same server hall or to another server hall in another location.

7.3 Sobe Sky Marketing shall treat any and all information about the Customer as confidential information in order to protect the Customer’s integrity. Sobe Sky Marketing may, however, be ordered to provide information about the Customer by a court injunction or a police request.

7.4 Sobe Sky Marketing liability for property damages shall extend only to compensation for direct loss and shall be limited, as a maximum, to what the Customer pays to Sobe Sky Marketing for 2 months pursuant to the existing Agreement. No compensation shall be due under any circumstances for indirect losses such as reduced production or sales of the Customer’s business.

Section 8: Broken hardware

8.1 Sobe Sky Marketing is obliged to replace within a reasonable period of time, any broken hardware, for example, broken hard disks. In the event of broken hardware, Seo Hosting Star sundertakes to restore the system (software and hardware) to the same condition as at the time of the initial installation at no extra cost. The above shall apply if the defect arises within two (2) years of the commissioning of the server. Charges in accordance with the applicable rates shall be due for software and hardware problems which arise more than two (2) years after the commissioning of the server.

Section 9: Loss of data

9.1 Sobe Sky Marketing shall take no responsibility for loss of data in connection with hardware or software faults.

Section 10: Service agreement

10.1 Unless otherwise agreed, Sobe Sky Marketing shall provide the Customer with support during office hours (between 08:00 and 17:00 on workdays). Sobe Sky Marketing is obliged to assist the Customer as soon as possible during office hours. In return, Sobe Sky Marketing shall charge the Customer hourly charges at the respective rates that are applicable at any time. The above shall apply if Sobe Sky Marketing can offer the desired competence. As regards support during different hours, the Customer must have signed a service agreement with Sobe Sky Marketing.

Section 11: Customer’s responsibility

11.1 The Customer shall be fully responsible for any and all actions it carries out via its equipment.

11.2 The Customer shall be liable for damages arising if the Customer has been affected by hacking or DOS (Denial-of-Service) attacks. Where the Customer consciously or unconsciously exposes Miss Hsoting’s IP network, system or other Customers to risks, high load or similar, Sobe Sky Marketing shall be entitled to directly shut down the Customer’s service and subsequently notify the Customer.

11.3 The Customer shall be responsible for ensuring that the programs used on the Customer’s computer have valid licenses.

Section 12: Policies

12.1 Where Sobe Sky Marketing suspects that the Customer abuses the Service or violates this Agreement, Sobe Sky Marketing is entitled to immediately shut down the Customer’s Services while waiting for an action from the Customer.

12.2 Sobe Sky Marketing reserves the right to increase the prices for any and all of its products and services, including IPs, at any time during the contract period with a written notice of 1 month.

Section 13: Confidentiality

13.1 Sobe Sky Marketing shall apply the provisions of the applicable confidentiality acts to all Customer information and any other information regarding the Customer with regard to third parties. Sobe Sky Marketing may not be held liable for Customer information unless the Customer has expressed an explicit desire regarding it.

Section 14: Amendments to terms and conditions

14.1 Sobe Sky Marketing may, in its sole discretion, change or modify this Agreement at any time, with or without notice. You are responsible to read Terms and conditions from time to time to ensure that your use of the Service remains in compliance with this Agreement. Unenforceable Provisions If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.

Section 15. Miscellaneous

15.1By accepting the Terms and Conditions of this Agreement, the Customer agrees to receive information and news from Sobe Sky Marketing by e-mail and ordinary mail.

15.2 For Customers using licensed SPLA software from Microsoft, a special additional agreement regarding SPLA licenses shall apply.

Section 16: Force majeure

16.1 Sobe Sky Marketing shall be relieved from the obligation to pay damages and other penalties if Sobe Sky Marketing obligations are prevented or significantly obstructed by a circumstance which is outside the control of or could not have been predicted by Sobe Sky Marketing, for example, an industrial action, stroke of lightning, fire, atmospheric disturbances, legal enactments, regulatory action, strike or a similar circumstance. The following Terms and Conditions govern this agreement/s for all of and Sobe Sky Marketing Clients: “Customer” includes the named Company in the contract, its officers, directors, employees, affiliates and agents. “Provider” includes Sobe Sky Marketing, its officers, directors, employees affiliates, and agents. In the event that Customer files any legal or equitable action (“Action”) against Provider, such Action shall be filed only in the State or Federal Court located in Miami-Dade County, Florida, U.S.A. This contract shall be interpreted solely under the laws of the State of Florida, regardless of the principal of conflict of laws. In the event that Provider is found liable to the Customer for damages, Customer agrees that the maximum aggregate limit of damages which may be recovered by Customer against Provider is the total amount of money paid by Company to Provider during the current term of this contract.

These Terms and Conditions have been established on 2014-10-24

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