This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with Dedirush Hosting. If you engage in any of the activities prohibited by this AUP document, Dedirush Hosting reserves the right suspend or terminate your account.

Dedirush Hosting's Acceptable Use Policy (the "Policy") for Dedirush Hosting Services is designed to help protect Dedirush Hosting, Dedirush Hosting's customers, and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by Dedirush Hosting. Dedirush Hosting reserves the right to modify the Policy at any time, effective upon posting at https://www.dedirush.com/legal/#acceptable-use-policy.

Prohibited Uses of Dedirush Hosting Systems and Services:

Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

Unacceptable practices include but are not limited to...

  • Drug dealing
  • Piracy/Pirating
  • Violation of copyright law
  • Illegal gambling/Lottery sites
  • Illegal arms trafficking
  • Stalking or violating state or federal law.
  • Attempting without authorization to access a computer system
  • Schemes to defraud, sending a message or having content that is indecent according to American laws with intent to annoy, abuse, threaten, or harass another person
  • Threatening bodily harm or damage to individuals or groups
  • Violating U.S. and International Export restrictions
  • Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service

Dedirush does not actively monitor dedicated server content for review. Dedirush believes in the free dissemination of information via our services. Dedicated server content will only be reviewed upon complaint by verified third parties. Content that does not violate local, state and federal law or the AUP is deemed in compliance and shall remain intact. Legal adult content is allowed on Dedirush dedicated servers.

Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Dedirush Hosting's servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or utilizing any resource hosted on Dedirush Hosting's servers, is prohibited. Dedirush Hosting accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider. ANY form of spamming activity (e.g. mail spam, Usenet spam, pop-up spam, selling/buying spamware, and so on) conducted ANYWHERE on the Internet, i.e. whether through our facilities or not, will be:

  • Grounds for instant, permanent termination of all services with no prior warning. Grounds for seizure of all on-premises equipment and data
  • Grounds for forfeit of all funds paid
  • Will result in a demand for payment of a fine (to cover damage to our reputation)
  • $500/incident/spam clean-up fee, all of which is payable within 24 hours or will be referred to a collection agency

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 Dedirush Hosting 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 from any Dedirush Hosting-hosted domain, or referencing any Dedirush Hosting 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.

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/rokso.

Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., "cracking"). Dedirush reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution. If you have any question regarding this abuse policy please feel free to contact Dedirush at [email protected].

Obtaining or attempting to obtain service by any means or device with intent to avoid payment.

Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Dedirush Hosting customers or end-users by any means or device.

Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Dedirush Hosting network or on another provider's network.

Using Dedirush Hosting's Services to interfere with the use of the Dedirush Hosting network by other customers or authorized users.

SERVER RESOURCES, THIS APPLIES TO SHARED HOSTING PLANS ONLY. Running programs in the background on a Dedirush shared server without prior written authorization, or running chat rooms, Internet Relay Chat (IRC) or IRC Bots, more than 1000 emails a day and the like are not acceptable uses of Dedirush's shared servers. Further, any usage of fifteen percent (15%) or greater of our system resources is an undue burden on our shared systems and is regarded as unacceptable. If your usage ever exceeds fifteen percent (15%) of shared system resources, your account may be terminated immediately and without prior notice. In addition, any domain that exceeds ten gigabytes of bandwidth in a short span can be terminated without prior notice. Usage of scripts or other utilities to direct pointed domain names to subdirectories is not permitted and is grounds for termination of the account. Dedirush's shared services may be used for lawful purposes only.

Unacceptable practices include but are not limited to...

  • Drug dealing
  • Piracy/Pirating
  • Violation of copyright law
  • Illegal gambling/Lottery sites
  • Illegal arms trafficking
  • Stalking or violating state or federal law.
  • Attempting without authorization to access a computer system
  • Schemes to defraud, sending a message or having content that is indecent according to American laws with intent to annoy, abuse, threaten, or harass another person
  • Threatening bodily harm or damage to individuals or groups
  • Violating U.S. and International Export restrictions
  • Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service

Dedirush does not actively monitor dedicated server content for review. Dedirush believes in the free dissemination of information via our services. Dedicated server content will only be reviewed upon complaint by verified third parties. Content that does not violate local, state and federal law or the AUP is deemed in compliance and shall remain intact. Legal adult content is allowed on Dedirush dedicated servers.

Customer Responsibility for Customer's Users

Each Dedirush Hosting customer is responsible for the activities of its users and, by accepting service from Dedirush Hosting, is agreeing to ensure that its customers/representatives or end-users abide by this Policy. Complaints about customers/representatives or end-users of an Dedirush Hosting customer will be forwarded to the Dedirush Hosting customer's postmaster for action. If violations of the Dedirush Hosting Acceptable Use Policy occur, Dedirush Hosting reserves the right to terminate services with or take action to stop the offending customer from violating Dedirush Hosting's AUP as Dedirush Hosting deems appropriate, without notice.

Refusal of Service

We reserve the right to refuse, cancel or suspend service at our sole discretion. All Sub-Networks, distributive hosting sites and dedicated servers of Dedirush must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation without refund. If you have any question regarding this abuse policy please feel free to contact Dedirush at [email protected]

Last Modified: June 2nd, 2014

Account Payment

Payment via Credit Card

Dedirush accepts payments via MasterCard, VISA, AMEX, wire transfer and Paypal. Usage of a credit card indicates authorization to cover all future recurring charges and additional fees with the credit card on file. Credit cards will be charged on the renewal date for the account. Accounts will renew automatically on the anniversary of each billing cycle unless proper cancellation notice is submitted to our billing department (see cancellation policy below).

Other Payment Methods

Dedirush accepts paypal, personal check, company check, echeck, wire transfer and money order. All funds must be payable in US dollars. Dedirush does not accept international checks in foreign currencies. Payment for services by check must be received prior to renewal dates to avoid interruption of service.

Returned Check Fee

In the event that a check is returned, service will be immediately suspended and customer will be sent a suspension e-mail allowing seven (7) days to rectify the situation. If within the seven (7) days the customer fails to pay all service fees, including a $25.00 reactivation fee and a $25.00 returned check fee, customer's account will be permanently cancelled. Such cancellation does not relieve client's obligation for payment under the terms of the hosting agreement. Cancellation includes the removal of all files on the account. In the event of a charge back, Dedirush.net will immediately suspend all services to client until such time as full payment is received in addition to a $25.00 charge back fee and a $25.00 account enable fee.

Late / Non-Payment

Accounts with Non-Usable Credit Cards

Credit cards on file are not usable when any of the following occur:

  • The card expired
  • The bank declines the charges
  • The card is reported lost or stolen
  • The card is declared invalid
  • You will receive an invoice 1 day prior to your renewal.
  • After 4 days pass you will receive another invoice. (Reminding you of the outstanding balance)
  • On the 7th day, you will receive a suspension notice with the date your account will be suspended.
  • If your balance has not been brought to zero, the account will be suspended and a $25 reactivation fee will applied to your account.
  • If payment has still not been made, we will leave the server in its spot offline for 1 week. If we have not heard back from you or receive payment, your server will be taken offline and resold.
  • ALL FILES WILL BE DELETED FROM OUR SYSTEM.
Late Check / Non-Payment
  • You will receive an invoice 1 day prior to your renewal.
  • After 4 days pass you will receive another invoice. (Reminding you of the outstanding balance).
  • On the 7th day, your account will be suspended and will not be reactivated until payment in full is received and your account balance is brought to zero.
  • If payment has still not been made, we will leave the server in its spot offline for 1 week. If we have not heard back from you or receive payment, your server will be taken offline and all data will be destroyed.
  • ALL FILES WILL BE DELETED FROM OUR SYSTEM.

Cancellation Policy

Requesting an Account Cancellation

A cancellation will only be accepted if it is done by the following method:

  • Login to your myVelocity control panel, go to the device you wish to cancel, click the cancellation button, fill out the form.
  • All account cancellations must be received in the above manner at least fifteen (15) days in advance of the date of renewal. Accounts cancelled with less than fifteen (15) days notice shall be cancelled at the end of the next term and shall be charged accordingly.
Results of a Cancellation

When a cancellation request is made, Dedirush will immediately remove all configuration information as well as all contents of the account on the date of the next renewal of the account. Customer may request immediate cancellation if so desired. Dedirush will remove all files. This may include unread e-mail left on the server.

Refund Policy

Refunds within the First 30 Days of Service

If an account is cancelled within the first thirty (30) days of service (excluding dedicated servers and colocation) the customer will receive a full refund of all account fees, including set-up fees provided:

  • The account is not a resold account.
  • The account has not been suspended for violations of the Acceptable Usage Policy.

No refunds of dedicated server monthly service charges or setup fees. Refunds will be credited to the credit card on file or paypal account used to order service ,or a check will be mailed to clients paid by check or money order. Accounts due a refund will be refunded within (60) days of cancellation, no exceptions.

No Refunds Outside of the First 30 Days

Dedirush does not offer refunds for services after the initial thirty (30) days of service. Dedirush does not issue prorated refunds for prepaid service.

Keeping Billing Information Current

Updating Your Billing Information

You may fax an update to 813-902-6477. Any fax must include the account name, account password, and signature of the account owner. Personal information may be changed via the customer's portal.

Out-of-Date Records

Periodically it may become necessary for Dedirush.net to contact the customer. If the information provided to us is not current, it may lead to the customer failing to receive notices. The customer is solely responsible for keeping all personal and billing information current at all times. Dedirush is not responsible for actions that are taken as a result of a customer's failure to respond to Dedirush's notices.

Invoices and Statements

E-mail Invoices/Statements

Customer may request Dedirush to send an invoice or account statement via e-mail. There is no charge for this service.

Postal Mail/Fax Invoicing

Customer may request Dedirush to send an invoice or statement via postal mail or fax. Dedirush will charge customer 5.00 per invoice/statement sent via this manner.

Taxes

Customer Liability

Dedirush shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from customer. Customer is solely responsible for all taxes and fees of any nature associated with Dedirush's products and services.

Bandwidth and Overages

Unmetered Servers

Unmetered Bandwidth may be purchased in increments of 10, 20, 50 and 100Mbps. Your selected level of bandwidth will be capped at your servers network adapter as well as the switch port you are connected to. The server will obtain your selected full port speed (10, 20, 50, or 100Mbps) 24hr/7days per week and will not accrue bandwidth overages charges as you will not be able to exceed the allotted bandwidth amount.

Standard Metered Servers

All of our standard server include 1500, 2000, 3000 or 4000GB of monthly data transfer. On our standard server offerings, you will purchase an allotted amount of bandwidth for your server and you will be billed based on your monthly use. Dedirush will calculate your bandwidth use each month based on your total data transferred in a given billing period.

If you have exceeded the allotted bandwidth for your server plan in the current billing period, you will be charged $.40 per GB over the allotted server plan amount. The bandwidth overage charge will be applied to your account for immediate payment.

Hardware SLA

Hardware replacement is guaranteed to be complete within 2 hours of problem identification. The hardware replacement timer begins once customer opens trouble ticket and Dedirush has determined the cause of the problem to be faulty hardware. The period of time it takes to troubleshoot the server and identify the problem is outside the 2 hour SLA.

In the event we are unable to replace the faulty hardware within 4 hours, Dedirush will credit the customer 5% of the monthly fee per additional hour of downtime incurred (up to 100% of customer's monthly server fee).

All services below are provided free of charge to any dedicated server provided by Dedirush.

  • Hardware Replacement
  • Initial Server hardening
  • Software Firewall implementation (upon request)
  • Cross Connects Available
  • Unlimited Reboots via ticket system request
  • Access to Knowledge Base (cPanel, Hsphere, Plesk, Hosting Controller and DirectAdmin)
  • Flash Training Movies for support control panels (Hsphere, cPanel, DirectAdmin, HostingController and Plesk)
  • MRTG bandwidth graphs
  • 15 minutes per month Hands and Eyes Console Access (additional time will be billed at $100 per hour)

Network SLA

Dedirush is committed to providing a standard of service and reliability unparalleled in the hosting industry. Dedirush guarantees network uptime of 99.9%. The Dedirush Data Center uses redundant Cisco and Foundry components to eliminate any single point of failure. Our network is multi-homed through redundant high-speed carriers which results in you, the customer, always being able to count on fast and reliable connectivity to our network. Our Data Center is outfitted with redundant CRAC, Battery Power and Diesel Generator Power to ensure uptime in any situation. Dedirush maintains low overall network utilization at all times providing durability during any large internet routing issues such as a DDOS or DOS attack.

The Dedirush Data Center is ultra-secure with only Dedirush employees having access to any of our server rooms. In the event a customer needs personal access to their server they will be escorted to their server by a Dedirush technician or Account Manager who will assist and monitor activity. Access to our facility is only granted via employee key cards.

Dedirush guarantees the uptime of its network 99.9% of the time excluding scheduled maintenance.

In the event any customer experiences anything less than 99.9% uptime of the Dedirush Network a credit will be added to the account upon request. Network downtime is defined as the inability to transmit or receive data due to the failure of Dedirush owned network equipment. Dedirush will provide a 5% credit to the affected server or shared account for each hour of downtime beyond 0.1% per month. No customer may receive credits totaling more than one month of service per affected server or shared account. Downtime is measured from the time a trouble ticket is opened by the affected customer to the time Dedirush determines the issue to be resolved, excluding scheduled maintenance.

The following terms of service (these "Terms of Service" or this "Agreement") govern the provision by Leecorn Incorporation (Dedirush, Dedirush.net and Dedirush Hosting) to the customer executing this online transaction ("Customer"), of the products and services described in (i) the Order Form submitted in connection with this online transaction (the "Order Form"), (ii) the Service Level Agreement (as in effect from time to time and set forth on Dedirush's website, the “SLA”) governing the Customer’s limited right to recover certain service credits and (iii) Dedirush’s technical support descriptions (collectively clauses (i) through (iii), the "Products and Services"). These Terms of Service shall be effective as of the date that Customer executes its online transaction and thereby accepts these Terms of Services (the “Effective Date”). These Terms of Service hereby incorporate by reference the SLA, Dedirush’s Acceptable Usage Policy (as in effect from time to time as set forth on Dedirush’s website, the “AUP”) and the Order Form each of which is made a part of these Terms of Service and collectively referred to herein as the Agreement.” Customer’s use of Dedirush’s website, Dedirush Network, and the Products and Services is also subject to Customer’s acceptance and compliance with these Terms of Service, the AUP, the SLA and the Order Form. Capitalized terms used herein without being defined herein shall have the meaning ascribed to such capitalized term in the SLA or AUP, as applicable.

HIVELOCITY HEREBY RESERVES THE RIGHT TO AMEND, ALTER, MODIFY, REPLACE OR SUSPEND, FROM TIME TO TIME IN ITS SOLE DISCRETION, ALL OR ANY PORTION OF THE SLA, THE AUP AND ITS PRIVACY POLICY (AS IN EFFECT FROM TIME TO TIME AS SET FORTH ON HIVELOCITY’S WEBSITE, THE “PRIVACY POLICY”). CURRENT COPIES OF HIVELOCITY’S SLA, AUP AND PRIVACY POLICY MAY BE REVIEWED OR PRINTED BY CUSTOMER AT THE INFRASTRUCTURE SECTION OF HIVELOCITY’S WEBSITE. CUSTOMER HEREBY REPRESENTS AND WARRANTS THAT IT HAS READ, UNDERSTOOD AND ACCEPTED THE TERMS OF THE SLA, AUP AND PRIVACY POLICY.

By submitting an Order Form online or by using Dedirush’s website, Dedirush Ventures Corp. (as defined in the SLA), products or services, Customer hereby agrees to the terms and conditions of the Agreement.

Services and Monthly Commitments

Dedirush agrees to provide the Products and Services in accordance with the terms and conditions of this Agreement beginning on the Effective Date. Dedirush may perform additional technical, supplemental, or professional services (other than the Products and Services) for Customer at either Dedirush’s published pricing rates or at rates mutually agreed to in writing between Customer and Dedirush. Also, Dedirush may perform remedial services as provided for in the AUP at the pricing set forth therein and without obtaining Customer’s consent in advance. If a Customer subscribes for any Product and Service for a term other than on a month-to-month basis, then each month of such term Customer shall pay Dedirush the greater of (i) the actual fees and expenses payable by Customer for the Products and Services for which Customer has subscribed for such term (based on all actual licensing and usage of such Products and Services on a monthly basis) and (ii) the Minimum Monthly Commitment. For purposes of this Agreement, “Minimum Monthly Commitment” shall be determined each month and shall mean with respect to each Product and Service subscribed for by Customer other than on a month-to-month basis, the greater of (A) the amount specified as the “Minimum Monthly Commitment” in the Order Form associated with the subscription for such Products and Services and (B) the highest aggregate monthly amount paid or payable by Customer with respect to all Products and Services subscribed to for a term other than on a month- to-month basis, during the current term for which Customer subscribed for such Products and Services. If for any month Customer’s aggregate monthly fees and expenses actually paid or payable by Customer for the Products and Services for which Customer has subscribed for such term (based on all actual licensing and usage of such Products and Services on a monthly basis) does not exceed the Minimum Monthly Commitment, then Customer shall pay the Minimum Monthly Commitment in lieu of the charges that would otherwise be due with respect to such Products and Services. All payments made by Customer with respect to such Products and Services shall be credited first towards the Minimum Monthly Commitment.

Term and Renewal

Unless Customer agrees to a one-year, semi-annual or quarterly term or unless otherwise stated in an Order Form or any service description, the initial term (“Initial Term”) of this Agreement shall be month-to-month, (A) commencing on the Effective Date and shall automatically renew on the monthly anniversary date (date of initial signup), for successive one-month periods unless cancelled or terminated earlier pursuant to the express terms of this Agreement or (B) in the case of a one-year term, each yearly anniversary of the Effective Date for successive one-year periods unless cancelled or terminated earlier pursuant to the express terms of this Agreement (in each case, a “Renewal Period”). Customer agrees to be bound by the service term selected on the Order Form or via applicable promotional codes. Dedirush may cancel or elect not to renew the Products and Services for any reason or no reason at all by delivering to Customer a written notice of non-renewal at least five (5) days prior to the expiration of the Initial Term or the then-current Renewal Period, as applicable.

Domain Registration

ICANN's Registrant Benefits and Responsibilities

Registrant Education

Registration Agreement

Customer Cancellation or Non-Renewal

In order to cancel or elect not to renew any Product or Service, Customer must submit a Dedirush cancellation request (a “Cancellation Notice”) via the myVelocity control panel at least fifteen (15) days prior to your renewal date.

CUSTOMER AKNOWLEDGES AND AGREES THAT NO PRODUCT OR SERVICE WILL BE CANCELLED, ALL PRODUCTS AND SERVICES SHALL CONTINUE TO RENEW AND CUSTOMER WILL CONTINUE TO BE BILLED FOR ALL PRODUCTS AND SERVICES UNLESS CUSTOMER CANCELLS THE PRODUCTS AND SERVICES AS PROVIDED IN THIS SECTION 3.

Termination

Dedirush may immediately terminate this Agreement at any time, and without liability, upon the occurrence of any of the following events (“Dedirush Termination”): (i) Customer’s failure to pay any amount due herunder or (ii) Customer’s material breach or violation of any provision of this Agreement (other than such violations set forth in clauses (iii), (iv) and (v) below) that is not cured within twenty-four (24) hours of Customer’s receipt of written notice from Dedirush referencing such breach or violation; (iii) Customer ceasing to do business in the normal course, becoming or being declared insolvent or bankrupt, being the subject of any proceeding relating to liquidation or insolvency which is not dismissed within ninety (90) calendar days, or making an assignment for the benefit of its creditors; (iv) Customer’s violation of the AUP or the Privacy Policy; or (v) Dedirush determines in its sole discretion that Customer engages in any business or conduct which is unethical, illegal or could subject Dedirush to liability, embarrassment or cause damage to Dedirush's business or reputation (vi) Customer exhibits abusive behavior towards Dedirush representatives via phone or online communication. Dedirush determines in its sole discretion what behavior is considered abusive and subject to immediate termination. In such events listed above Dedirush shall have no obligation to refund any funds paid in advance by customer.

Customer may terminate this Agreement with respect to all, and not less than all, of the Products and Services without liability (except for Charges due through the effective date of such termination) upon the occurrence of a material breach by Dedirush of its obligations to provide the Products and Services according to the terms of this Agreement that is not cured within fifteen (15) business days after written notice from Customer describing such breach in detail is received by Dedirush (“Customer Termination”). In the event of a Customer Termination, Customer shall pay (1) all outstanding amounts payable through the effective date of such termination and (2) if the Products and Services include software for which Dedirush does not then provide general customer support, Customer shall pay to Dedirush an amount equal to Dedirush's cost of such software for the entire Initial Term and any applicable Renewal Periods. If Customer terminates this Agreement for any reason other than a Customer Termination, Customer shall pay to Dedirush an amount equal to all unpaid Charges through the effective date of such termination and (A) in the case of any Product and Service subscribed for on a month-to-month basis, all Charges for the Products and Services through the remainder of the Initial Term or the then-current Renewal Term, as applicable and (B) in the case of any Product and Service subscribed for other than on a month-to-month basis, all Charges for the Products and Services through the remainder of the Initial Term or the then-current Renewal Term, as applicable, calculated based upon the then-current Minimum Monthly Commitment payable by Customer upon the date of termination. CUSTOMER ACKNOWLEDGES THAT CUSTOMER WILL NOT BE ENTITLED TO ANY REFUND OR CREDIT IN THE EVENT THAT ANY PRODUCT OR SERVICE THAT IS PROVIDED ON THE BASIS OF A ONE-YEAR TERM IS TERMINATED, WITH OR WITHOUT CAUSE, PRIOR TO THE EXPIRATION OF THE ONE-YEAR TERM. CUSTOMER HEREBY WAIVES ALL RIGHTS TO ANY SUCH REFUND OR CREDIT.

Upon termination of this Agreement, Dedirush and Customer shall have no obligations to each other, except as provided for in this Agreement. Upon termination of this Agreement, Customer shall (i) pay all Charges and other amounts due and owing to Dedirush under these Terms of Service, (ii) immediately remove from Dedirush's premises all property owned by Customer, including, but not limited to, immediately removing all of Customer’s data from Dedirush Network (including all servers owned or operated by Dedirush), and (iii) return to Dedirush all software, access keys, and any other property provided to Customer by Dedirush under this Agreement. Any physical property of Customer not removed from Dedirush’s premises within forty- five (45) days after such termination shall become the property of Dedirush, which may, among other things, dispose of such property without the payment of any compensation to Customer. Sections 4, 5, 6, 7 and 8 shall survive the expiration, cancellation and termination of this Agreement for any reason.

Payment

Customer agrees to pay all charges, fees, penalties, early cancellation charges, reconnection fees, service interruption fees, installation fees and other amounts due under this Agreement (collectively “Charges”) in US dollars. Each Customer that is a Florida resident agrees to pay all taxes applicable to its account. Except as otherwise provided for herein, all Charges for the Products and Services, and for any additional services described herein, shall be invoiced to the Customer and paid in advance of the Initial Term and each Renewal Term (but may include any applicable pro-rated amounts for partial months of for Products and Services provided on a month-to-month basis) and shall be due and payable upon receipt. Any additional one-time charges, including early cancellation charges, accrued interest, late fees, service reinstatement fees, and any usage-based charges (installation or set-up fees) shall be invoiced in arrears and appear on either regular monthly invoices or separate invoices. Server rental charges are incurred immediately at signup and are prorated by 3 days to allow for server provisioning and delivery. Customer also shall pay to Dedirush all expenses incurred by Dedirush in exercising any of its rights under this Agreement or applicable law with respect to the collection of a payment default, including attorneys' fees, court costs, and collection agency fees. If Customer fails to pay any past due amount within five (5) days after written notice by Dedirush s given to Customer, Dedirush may suspend performance under this Agreement and if such past due amounts remain unpaid for an additional five (5) days thereafter, Dedirush may terminate this Agreement. Dedirush may charge interest on any invoice amounts that are overdue by more than ten (10) days at the lesser of (a) 1.5% per month or (b) the maximum non-usurious rate under applicable law. Customer shall be deemed to have accepted as conclusively accurate any invoice that it has not disputed in a writing delivered to Dedirush within sixty (60) days of the invoice date. Customer may withhold the disputed portions of payments that are properly and timely disputed hereunder as long as it timely pays all undisputed charges that are outstanding. The parties shall work together in good faith to resolve any such disputed charge. In the event that this Agreement is terminated by Dedirush for any reason constituting “Dedirush Termination” (as defined above) or by Customer for any reason other than “Customer Termination” (as defined above), all Charges under the Agreement, including all remaining monthly or yearly fees due for the remaining portion of the Initial Term and each applicable Renewal Period, shall accelerate and are immediately due and payable. All set-up fees, monthly service fees and usage fees are non-refundable. Customer shall not be entitled to any refunds or credits, pro-rated or otherwise, in the event of early termination of this Agreement by Dedirush according to the terms herein.

Indemnification

Customer agrees to indemnify and hold harmless Dedirush, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer’s use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

Disclaimers; Limitation on Company Liability.

HIVELOCITY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE PRODUCTS AND SERVICES BY THE CUSTOMER OR ANY THIRD PARTIES OR ANY FAILURE OF THE PRODUCTS AND SERVICES OR (ii) ANY LOSS OF DATA OR CORRUPTION OF DATA, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES, SERVICE INTERRUPTIONS, FAILURE OF HIVELOCITY NETWORK, RECLAIMATION OF SERVERS BY HIVELOCITY, FAILURE OF SERVERS, THE RELOADING OF AN OPERATING SYSTEM OR OTHER SOFTWARE ON A SERVER OR THE NEGLIGENCE OF HIVELOCITY. CUSTOMER IS SOLELY RESPONSIBLE FOR SAFEGUARDING, BACKING UP AND ARCHIVING ALL DATA OWNED, CONTROLLED OR TRANSMITTED BY CUSTOMER THAT RESIDES ON HIVELOCITY NETWORK OR ANY SERVER OWNED OR OPERATED BY HIVELOCITY. IN NO EVENT SHALL HIVELOCITY’S AGGREGATE LIABILITY FOR ANY CLAIM UNDER THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT PAID BY CUSTOMER TO HIVELOCITY IN THE BILLING CYCLE IMMEDIATELY PRECEEDING SUCH CLAIM. HIVELOCITY PROVIDES ALL PRODUCTS AND SERVICES “AS IS,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE PRODUCTS AND SERVICES AND HIVELOCITY SHALL HAVE NO LIABILITY THEREFORE. NO CLAIM MAY BE ASSERTED BY CUSTOMER AGAINST HIVELOCITY MORE THAN TWO (2) YEARS FOLLOWING THE DATE OF THE EVENT THAT UNDERLIES ANY SUCH CLAIM. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE RECEIPT OF A SERVICE CREDIT AS PROVIDED FOR IN THE SLA CONSTITUTES CUSTOMER'S SOLE AND EXCLUSIVE REMEDY, AND HIVELOCITY’S SOLE AND EXCLUSIVE LIABILITY, FOR ANY FAILURE OF HIVELOCITY NETWORK, HIVELOCITY HARDWARE OR HIVELOCITY INFRASTRUCTURE OR THE FAILURE BY HIVELOCITY TO PROVIDE CUSTOMER WITH THE PRODUCTS AND SERVICES OR MANAGED HOSTING SERVICES PURCHASED BY CUSTOMER IN ACCORDANCE WITH THIS AGREEMENT WHICH RESULTS FROM A QUALIFIED NETWORK DOWNTIME EVENT OR ANY OTHER QUALIFIED DOWNTIME EVENT.

Miscellaneous Terms

Bandwidth and Disk Usage. Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Products and Services ordered by Customer on the Order Form (the "Agreed Usage"). Dedirush will monitor Customer's bandwidth and disk usage. Dedirush shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Products and Services, or termination of these Terms of Service, which actions may be taken by Dedirush in its sole and absolute discretion. If Dedirush takes any corrective action under these Terms of Service, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Bandwidth usage is measured on a calendar month basis. Both incoming and outgoing traffic is counted and applied towards the Agreed Usage. In the event that Customer exceeds the Agreed Usage, Dedirush may, at its sole discretion, collect a deposit, in the amount of $0.40 per GB from Customer, or to the extent that Customer has a credit card on file with Dedirush, apply such charge against Customer’s credit card. Data transfer in excess of the Agreed Usage shall be automatically billed to Customer. Unused Agreed Usage or bandwidth allocations cannot be carried over to future months or applied to other servers.

Notices. Unless otherwise specified herein, all notices, requests and other communications hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, or registered or certified mail (return receipt requested) to the address or facsimile number of Customer listed in Dedirush’s records or if to Dedirush then to the address set forth below. Such notices or other communications shall be deemed to have been given (a) on the date delivered (if delivered personally), (b) on the date that return confirmation is received (if sent by facsimile), (c) on the business day after being sent by an internationally recognized overnight air courier, or (c) five days after being sent (if sent by registered or certified mail).

Leecorn Incorporation
Attn: Legal Department
8010 Woodland Center Blvd
Suite 700
Tampa, FL 33614

Toll Free: 888-869-4678
Local: 813-471-0355
Fax: 813-902-6477

[email protected]

Waiver It is agreed that no waiver by any party hereto of any breach or default of any of the covenants or agreements herein set forth shall be deemed a waiver as to any subsequent and/or similar breach or default.

Severability If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected.

Force Majeure Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is occasioned by any occurrence or contingency beyond its reasonable control, including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party; provided that such party shall use commercially reasonable efforts to promptly mitigate any damages or losses.

Dedirush's Use of Customer's Name Customer agrees that Dedirush may, upon written consent by Customer, publicly disclose that Dedirush is providing services to Customer and may include Customer’s name in any promotional materials, such as press releases or Dedirush’s web site. Neither party may publicly use the other party’s logo or other trade or service mark without that party’s written consent.

Non-Solicitation During the term of this Agreement and for twelve (12) months following termination of this Agreement, Customer agrees that it shall not solicit for employment with Customer (or with any other party) any employee of Dedirush or interfere in the employment relationship between Dedirush and any of its employees with whom Customer has had contact in connection with this Agreement.

Ownership Dedirush shall be the sole owner of all intellectual property, and all derivatives thereof, that Dedirush may develop in the course of providing the Products and Services. Each party to this Agreement retains exclusive ownership and rights in its trade secrets, inventions, copyrights, and other intellectual property. Upon termination of the Agreement, Customer agrees to promptly release any Internet protocol numbers, addresses, or address blocks assigned to Customer in connection with the Products and Services.

Customer Hardware Dedirush acknowledges and agrees that the hardware provided by Customer to Dedirush to be used in connection with any Products and Services (the “Customer Hardware”) is the property of Customer and shall be tagged and identified as such. Dedirush shall not pledge, hypothecate or otherwise encumber the Customer Hardware in any way and upDedicated by Customer shall surrender the Customer Hardware to Customer, unless Customer fails to remove such Customer Hardware as provided for in Section 4 above.

Third-Party Beneficiaries There shall be no third party beneficiaries to the Agreement, including customers, employees, agents, or insurers.

Assignment This Agreement shall not be assignable by Customer without Dedirush’s prior written consent. Dedirush may assign the Agreement in whole or in part upon written notice to Customer. This Agreement shall be binding upon and accrue to the benefit of any permitted assignee, and any such assignee shall agree to perform the obligations of the assignor.

Governing Law, Jurisdiction, Venue. THIS AGREEMENT AND ANY DISPUTE ARISING FROM THE PERFORMANCE OR BREACH HEREOF SHALL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, WITHOUT REFERENCE TO CONFLICTS OF LAWS PRINCIPLES AND EXCLUDING ANY APPLICATION OF THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. CUSTOMER (I) HEREBY IRREVOCABLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF FLORIDA LOCATED IN HILLSBOROUGH COUNTY AND THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, FOR THE PURPOSES OF ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF THIS AGREEMENT OR THE SUBJECT MATTER HEREOF OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY BROUGHT BY THE CUSTOMER OR HIVELOCITY OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS, (II) HEREBY IRREVOCABLY AGREES THAT ALL CLAIMS IN RESPECT OF SUCH SUITS, ACTIONS OR PROCEEDINGS MAY BE HEARD AND DETERMINED IN SUCH FLORIDA STATE COURT OR, TO THE FULLEST EXTENT PERMITTED BY LAW, IN THE UNITED STATES DISTRICT COURT FOR THE FLORIDA AND (III) TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES, AND AGREES NOT TO ASSERT, BY WAY OF MOTION, AS A DEFENSE, OR OTHERWISE, IN ANY SUCH SUIT, ACTION OR PROCEEDING ANY CLAIM THAT IT IS NOT PERSONALLY SUBJECT TO THE JURISDICTION OF THE ABOVE-NAMED COURTS, THAT THE SUIT, ACTION OR PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM, THAT THE VENUE OF THE SUIT, ACTION OR PROCEEDING IS IMPROPER OR THAT THIS AGREEMENT OR THE SUBJECT MATTER HEREOF MAY NOT BE ENFORCED IN OR BY SUCH COURT. A FINAL JUDGMENT OBTAINED IN RESPECT OF ANY ACTION, SUIT OR PROCEEDING REFERRED TO IN THIS SECTION 8 SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT OR JUDGMENT OR IN ANY MANNER AS PROVIDED BY APPLICABLE LAW.