Customer responsibilities to the contract:

• Customer agrees to pay all charges found in the Service Order.

• Customer agrees to automatic renewal of charges on a monthly or yearly basis unless cancellation is received in writing according to the terms set forth in the contract.

• Customer agrees to all additional charges for services requested by customer that may occur during the course of business above and beyond the original Service Order.

• Customer agrees to adhere to the acceptable use policies.

• Customer agrees not to use the services, bandwidth and/or hardware provided by OKIHost Internet in methods that violate local, state or Federal laws within the United States of America.

• Customer agrees to the Arbitration agreement set forth in the contract.

• Customer agrees to the Limitation of Liability and Disclaimer of Warranties.

• Customer agrees to be bound by the laws of the state of Massachusetts in all legal proceedings applicable to the contract.

• Customer agrees to any and all other information, amendments, clauses, and terms found in this contract.

2. OKIHost Internet fulfillment and responsibilities to the contract:

• OKIHost Internet will provide Internet connectivity services (bandwidth) in accordance to the Service Order.

• OKIHost Internet will provide hardware specifications in accordance to the Service Order.

•  OKIHost Internet will provide space in its data centers to house the equipment.

• OKIHost Internet will provide technical support services as specified by the Service Order.

• OKIHost Internet will provide IPs and DNS services as specified in the Service Order.

• OKIHost Internet will install software and/or configure hardware / software in accordance to the Service Order.

3. AGE:

     The Client certifies that he or she is at least 16 years of age.

Terms of the contract

4. Service Order:

     The Service Order shall initiate the provision of services pursuant to this Agreement. The Service order shall outline the hardware, bandwidth, IP's, technical support, Software requirements, DNS, datacenter, and administrative and billing information to the contract. The Service Order is a binding agreement between the parties and replaces any other agreements made between the parties.

5. IP Addresses:

     OKIHost Internet will allow the use of IP addresses to the customer for the length of the contract. These IP addresses are the sole property of OKIHost Internet and will be retained after service has ceased. OKIHost Internet does reserve the right to change the customer IP address designation at any time.

6. Software License and Rights:

     During the term of a Service Order, OKIHost Internet grants Customer a non-transferable, nonexclusive license to use the Software, in object code form only, for its internal needs, to be used solely on the Hardware provided, and solely in conjunction with the Services. Customer agrees that it will not, directly or indirectly:

• copy the Software, except as is necessary to install on Hardware and for internal, archival purposes. In the event Customer makes any copies of the Software, Customer shall reproduce all proprietary notices on such copies.

• reverse engineer, decompile, disassemble, modify or otherwise attempt to derive source code from the Software.

• sell, lease, license, transfer, give possession of, or sublicense the Software or the documentation to others.

• write or develop any derivative or other software programs, based, in whole or in part, upon the Software or any Confidential Information.

8. SERVICE INTERRUPTIONS:

     OKIHost Internet shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services. Customer understands and agrees that occasional temporary interruptions of any Internet Services may occur as normal events in the provision of the Internet Services. OKIHost Internet agrees to exercise reasonable care to prevent such occurrences; however, under no circumstances will OKIHost Internet be held liable for any financial or other damages due to such interruptions. In no event shall OKIHost Internet be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services.

9. ARBITRATION:

     Any controversy or claim arising out of or relating to this Agreement or the breach thereof will be settled by arbitration in Boston, Massachusetts, before and in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The award rendered in that arbitration will be binding on the parties hereto, and judgment upon the award can be entered by any court having jurisdiction thereof.

10. PRICING AND PAYMENT TERMS:

Payment Terms

     The full amount of the Initial Cost as reflected in the Service Order, plus charges for the first billing period of Services, are due and payable to OKIHost Internet upon the acceptance of the Service Order. Thereafter, Customer will pay in advance charges for each billing period. The recurring billing date shall be the date that the account release notification is e-mailed or faxed to the customer. For accounts that are paid by credit card, Customer authorizes OKIHost Internet and its agents to charge recurring billing on the recurring billing date, until Customer gives written notice otherwise to OKIHost Internet or until the expiration or termination of a Service Order. Accounts that pay by check (limited to U.S. bank checks) will be faxed and mailed an invoice on the recurring billing date and payment is due immediately. OKIHost Internet will impose a charge for any check or other instrument which is returned for any reason by a financial institution. OKIHost Internet reserves the right to charge Customer any sales, use, excise, and ad valorem, gross receipts, or any other tax or fees now or imposed, directly or indirectly, by any governmental authority or agency with respect to the Services.

12. Notices:

     Any notice hereunder shall be in writing and shall be given by registered, certified or Express mail, or reliable overnight courier (such as FedEx)/ via electronic mail addressed to the addresses in this Agreement, or by facsimile. Notice shall be deemed to be given upon the earlier of actual receipt or three (3) days after it has been sent, properly addressed and with postage prepaid. Either party may change its address for notice by means of notice to the other party given in accordance with this Section.

13. Assignment:

     Customer may not assign this Agreement, in whole or in part, either voluntarily or by operation of law, and any attempt to do so shall be void and a default of this Agreement.

14. Governing Law and Forum:

     This Agreement shall be governed and interpreted according to the internal laws of the State of Massachusetts, excluding choice of law provisions. For all disputes arising out of or related to this Agreement or Service Orders, the parties irrevocably consent to the exclusive jurisdiction of the Courts of Massachusetts. Customer's address for purposes of service of process shall be the address designated for notices in this Agreement. In connection with all actions in which OKIHost Internet is awarded amounts due from Customer, OKIHost Internet shall be awarded (either in that action or by way of a separate action) its costs and expenses of litigation (including reasonable attorneys' fees), through trial and appeal.

15. Advertising:

OKIHost Internet will never use a clients information unless suggested and approved by the client for use in our testimonials section

16. Indemnification:

     Customer shall defend, indemnify, and hold harmless OKIHost Internet from and against all liabilities, judgments, claims, damages, settlements, expenses and costs (including reasonable attorneys' fees and litigation expenses) arising out of or relating to any breach of this Agreement or Service Orders by Customer. Customer and OKIHost Internet will promptly notify each other upon receipt of any third party claim or legal action arising out of or relating to this Agreement or Service Orders.

17. LIMITATION OF LIABILITY:

     OKIHost Internet liability (including, for purposes of this paragraph only, any of it employees, agents, or representatives), to Customer (either directly or as a third party defendant in any action or proceeding) for any claim arising out of or relating to this Agreement or Service Orders or the provision of any Services under Service Orders (including, without limitation maintenance and support) shall be limited to the amount of fees paid by Customer to OKIHost Internet under this Agreement within one year preceding the date Customer contends its claim arose. In no event shall OKIHost Internet be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability. This limitation will apply even if OKIHost Internet has been advised of, or is aware of, the possibility of such damages.

18. DISCLAIMER OF WARRANTIES:

      OKIHost Internet specifically disclaims all implied warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Except as otherwise provided in this Agreement, any written materials by OKIHost Internet, or information on OKIHost Internet web site, shall be for informational purposes only and, whether delivered or disseminated before or after the date of this Agreement, shall not create any express or implied warranties, guaranty of performance, or contractual obligations.

OKIHost Internet retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

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