This Dedicated Hosting Service Agreement ("Agreement") is by and between Aces Domains (" Aces Domains "), an Arizona Corporation, and you, your heirs, assigns, agents and contractors ("You") and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Aces Domains 's Dedicated Hosting ("Dedicated Hosting") services and represents the entire agreement between You and Aces Domains . By using Aces Domains 's Dedicated Hosting services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, including the Universal Terms of Service which Aces Domains may establish from time to time.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Aces Domains , whether or not the transactions were in Your behalf. You acknowledge that Aces Domains 's acceptance of any application made by You for services provided by Aces Domains will take place at Aces Domains 's offices located in Scottsdale, Arizona, USA.

Aces Domains currently provides Dedicated Hosting services to its customers for a monthly fee. Aces Domains will provide you an account on Aces Domains 's Dedicated Hosting servers, provided, however, You abide by the terms and conditions set forth herein and in each of Aces Domains 's policies and procedures.

License of Your Server Content

Aces Domains grants to You, and You accept from Aces Domains , a non-exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the Internet Your Server Content in connection with Aces Domains 's performance or enforcement of this Agreement.

Availability of Services

Subject to the terms and conditions of this Agreement, Aces Domains shall attempt to provide Dedicated Hosting for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time the Dedicated Hosting service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Aces Domains may undertake from time to time; or (iii) causes beyond the control of Aces Domains or which are not reasonably foreseeable by Aces Domains , including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that Aces Domains has no control of availability of Dedicated Hosting on a continuous or uninterrupted basis.

Server Content

You shall be solely responsible for providing, updating, uploading and maintaining Your Server Content and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your server, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your Server Content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Dedicated Hosting services.

You represent and warrant to Aces Domains that: Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your Server Content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your Server Account. If Your web site includes GIF images and you are not using Aces Domains 's WebSite Complete or WebSite Tonight software, you must ensure that your GIF images are licensed with Unisys or were created with Unisys Authorized Software. You also warrant that the Server Content being hosted by Aces Domains will not be used in connection with any illegal activity.

You are responsible for ensuring that there is no excessive overloading of Aces Domains 's DNS system or servers. You may not use Aces Domains 's servers and Your Server Account as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Aces Domains reserves the right to remove sites that contain information about hacking or links to such information. Use of your Server Account as an anonymous gateway is prohibited, as is the use of your Dedicated Hosting service to restrict or inhibit any other user from using and enjoying the Internet. You agree that Aces Domains reserves the right to remove Your Server Content temporarily or permanently from its hosting servers if Aces Domains is the recipient of activities that threaten the stability of its network.

You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: (i) disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; (vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; or (viii) engage in any other activity deemed by Aces Domains to be in conflict with the spirit or intent of this Agreement or any Aces Domains policy.

Storage and Security

At all times, You shall bear full risk of loss and damage to your Server and all of Your Server Content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree that you are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Server or any of Your Server Content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your Server Content; (ii) maintain independent archival and backup copies of Your Server Content; (iii) ensure the security, confidentiality and integrity of all your Server Content transmitted through or stored on Aces Domains servers; and (iv) ensure the confidentiality of Your password. Aces Domains 's servers and hosting services are not an archive and Aces Domains shall have no liability to You or any other person for loss, damage or destruction of any of Your content.

In the event You terminate, moving your Server Content off of the Aces Domains hosting servers is Your responsibility. Aces Domains will not transfer or FTP Your Server Content to another provider. In the event Dedicated Hosting service is terminated, Aces Domains will not transfer or manage Your Dedicated Hosting or Your Server Content.