TERMS AND CONDITIONS

By submitting the ZipServers, Inc. online order form, Subscriber hereby agrees to the following:

- In consideration for hosting services to be delivered, Subscriber agrees to be bound to the following terms:

• Subscriber agrees to pay for hosting services rendered in advance of each monthly service term.
• Subscriber agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
• Subscriber agrees to a no-refund policy in advance. Setup fees and monthly service fees are non-refundable.
• Server rental charges will be incurred immediately at signup for a full month of service. Your account will be pro-rated and billed on the 1st of each month thereafter.
• Non-Payment of services shall result in a 3-day disconnection. All payment failures must be cured within 2 days of notice. Subscribers failing to secure payment within 2 days of notice will incur service interruption and $50 reconnection fee.
  If payment is not received in full by the 5th of each month server(s) will be taken offline and reclaimed by ZipServers, Inc.
• Service Cancellations must be submitted to Accounting through ZipSupport.com no later than 5pm on the last day of the month prior to your next billing cycle. Example, for cancellation of service for May, subscriber cancellation must be received before 5 PM April 30th to avoid payment for May service. Cancellation request must include the last four digits of the credit card used for signup, user/pass to server, and IP address for server, and when the server should be taken offline. Subscriber failure to make a proper cancellation request on time will result in regular billing cycle for subscriber server(s).
• ZipServers, Inc. is not responsible for data integrity on equipment reclaimed for non-payment.
• This agreement can be updated at any time with or without notice to subscriber.

- Subscriber agrees to adhere to the ZipServers, Inc. Acceptable Use Policy.

- Subscriber agrees to adhere to the ZipServers, Inc. Data Center Rules and Procedures.

- Subscriber agrees to abide by Managed Service / Technical support limits set on Managed Services web page located at http://www.zipservers.com/managed_services.shtml.

- Subscriber agrees not to engage in activity that violates federal (United States), state (Texas) or local (Dallas County) laws applicable to the service terms described herein.

- ZipServers, Inc. reserves the right to discontinue service to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy, Data Center Rules and Procedures, and Terms of Services.

- Subscriber agrees to indemnify and hold harmless ZipServers, Inc. and the employees and agents of ZipServers, Inc. against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Subscriber's use of the Services and Products, 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.

- ZIPSERVERS, INC. 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 ZipServers, Inc. SERVICES AND PRODUCTS BY SUBSCRIBER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA   RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS ZIPSERVERS, INC. PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED ZIPSERVERS, INC. DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE   IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SUBSCRIBER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND ZIPSERVERS, INC. SHALL HAVE NO LIABILITY THEREFORE.

- Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

- Notices. Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of Subscriber as set forth in the Service Descriptions or ZipServers, Inc. as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received, if sent by facsimile, (iii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (iv) five days after being sent, if sent by first class registered mail, return receipt requested.

• ZipServers, Inc.
  c/o Jay G. Israel
  401 N. Hudson
  Oklahoma City, Oklahoma 73102
  Attention Legal Department
  Facsimile Number (405)815-9987.

- Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.