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PAIRLITE SERVICE CONTRACT

pairLite is a streamlined version of the standard pair Networks, Inc. ("Us", "Our", or "We") Web hosting offerings. It is especially suitable for hobbyists and savvy webmasters who prefer the simple elegance (and savings) associated with a more basic service offering. In that spirit, this Service Contract is fat free as can be, but it is still a contract that governs the relationship between the customer ("You," "Your") and Us.

1. USER CONDUCT

Our services and network may only be used for lawful and non-abusive purposes. We could make a list but you get the idea. If we think You have violated this term We reserve the right to suspend or discontinue Your service without notice pending resolution of the problem.

If, for any reason and at any time, in Our sole discretion, We may determine that the pairLite Web hosting service is not a good fit for Your hosting needs; We may ask You to upgrade to the appropriate hosting plan offered at www.pair.com, or ask You to find another Web host. In that event, We will close Your account and issue a pro rated credit or refund.

2. INDEMNIFICATION

You agree to indemnify, defend, and hold Us harmless from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from Your use of any of Our services.

3. NO WARRANTIES

pairLite is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose.

4. ECPA, DMCA, and CDA NOTICE

We reserve the right to monitor any and all communications through or with Our facilities. You agree that We are not considered a "secure communications medium" for the purposes of the Electronic Communications Privacy Act. You understand that We will strictly adhere to the service suspension requirements of the Digital Millennium Copyright Act. You also agree that We are not a content creator, editor, or censor for the purposes of the Computer Decency Act.

5. COOPERATION WITH LAW ENFORCEMENT

It is Our policy to reasonably cooperate with law enforcement and under current law We may be prohibited from disclosing to You that a subpoena or search warrant has been served upon Us for data relating to Your account(s) and site(s). It is up to You to protect Your privacy and manage Your data accordingly and You agree that We are not responsible or liable for the disclosure of such data in response to such government process.

6. IDENTIFICATION INFORMATION

You confirm that You are at least 18 years of age, and will maintain truthful and up to date contact and billing information.

7. NO INTERFERENCE WITH OPERATION OF SYSTEM AND NO SPAM

You agree not to maliciously or intentionally interfere with the proper operation of Our system, including but not limited to defeating identification procedures, obtaining access beyond that which You are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree not to use Our services for SPAM of any type and regardless of content.

8. SECURITY AND BACKUP OF DATA

You agree that the security of Your account is solely Your own responsibility. You further agree that if You believe the security of Your account has been compromised in any way, You will notify Us immediately by e-mail to abuse@pairlite.com and provide full details. You also agree to take full responsibility for files and data transferred and to maintain all appropriate and separate backup of files and data stored on Our servers.

9. PAYMENT

You agree to supply appropriate payment for the services received from Us, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. As part of the consideration for the lower fees associated with pairLite You also agree that after the first 30 days of service all prepaid fees are non-refundable and will be considered fully earned. You agree that until and unless You notify Us of Your desire to cancel pairLite services, those services will be billed on a recurring basis. You agree that prepayments for Our services will be billed and charged automatically, and that We may apply the amount due to the provided credit card at any time.

All requests for cancellation must be sent to billing@pairlite.com BEFORE the end of Your contracted term, in order to avoid being charged for an additional term.

10. PRIOR AGREEMENTS & SEVERABILITY

This agreement supersedes any written, electronic, or oral communication You may have had with Us and constitutes the complete and total agreement between the parties. If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

11. APPLICABLE LAW, JURISDICTION, AND SERVICE

This agreement shall be governed by the applicable laws of the Commonwealth of Pennsylvania, USA ("Pennsylvania") and the United States of America. You agree to the exclusive subject matter and personal jurisdiction of the Court of Common Pleas of Allegheny County, Pennsylvania, for any and all controversies or claims arising from or relating to this agreement. You further agree to accept service of legal process related to this agreement by e-mail or ordinary mail to the most current e-mail and actual address provided by You.

12. AMENDMENTS

We reserve the right to change Our Service Contract at Our discretion without notice. If You object to the amendment and demand a refund within the next 30 days thereafter We will close Your account and issue a pro rated credit or refund.

The current version of the pairLite Service Contract is 20110501.1 (updated May 1, 2011 version 1)

13. CONSENT TO ALL OTHER POLICIES POSTED AT WWW.PAIR.COM

You have reviewed and accept the Privacy Policy and all of Our other applicable Policies as posted at www.pair.com.

14. ELECTRONIC SIGNATURE

This will be a paperless transaction and Your act of clicking through the verification and affirmation procedures in the sign-up process will constitute Your lawful signature "e-signature" under the Uniform Electronic Transactions Act, the Uniform Computer Information Transactions Act (where adopted), under the Uniform Commercial Code, and under common law.

15. FINE PRINT ON THE "FREE" DOMAIN OFFER ("One Domain Name Registration Included")

If You sign up for a new pairLite Web site hosting account We will include one domain name registration for one domain year of any AVAILABLE COM, NET, ORG, BIZ, INFO, or US top level domain name. You will be able to get the domain name exclusively through the pairLite Account Control Center -- https://my.pairLite.com/ -- any time Your new pairLite Web site hosting account is open and accessible. This offer does not apply to domain name renewals, or transfers-in from other domain name registrars. This offer is not extended through any other domain name registration or domain name management interface offered by pair Networks, Inc. (registrations, renewals, or transfers-in, through the pair.com sign-up system, pairNIC.com Web site or domain name management system, pair.com Account Control Center -- https://my.pair.com/, or any other current or future domain name registration service or system offer by pair Networks, Inc. are NOT included in this special offer for pairLite Web site hosting customers). You agree that We are not responsible if You cannot register the domain name You want nor is the inability to get Your domain name grounds to demand a credit card charge back, setoff, or refund for any part of the pairLite service. You are responsible for any claims by others of a trademark, service mark, copyright, cyber squatting or similar variety and if You lose Your domain name for such a reason We are not responsible to replace the domain name nor will You be entitled to a refund. If, for any reason, You do not take advantage of Our domain name registration offer as a pairLite customer, You will NOT be entitled to a refund, discount on current services or service used in the future, or any other form of compensation for failing to take advantage of Our domain name registration offer, whether You are a current or former customer.

 
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