TERMS OF SERVICES AND ACCEPTABLE USE POLICY

Revision date: 02/09/2011

All services provided by Rokabear LLC©, hereafter referred to as Rokabear, may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Rokabear from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Rokabear' servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

• pirated software

• hacker programs or archives

• Warez sites

Exceptions can be made for legitimate security organizations, but the customer must have written consent from Rokabear. To obtain permission for a legitimate security organization please write info@rokabear.com and explain your intent.

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, ROKABEAR WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gigabyte of traffic exceeded for accounts with traffic volume limits. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same. Plans with unmetered bandwidth, are measured on the 95th percentile billing, and overages are billed according to the plan specifics for the individual package.

We currently do not allow IRC or IRC bots to be operated on our servers.

Any attempt to undermine or cause harm to a server or customer of Rokabear is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

We reserve the right to refuse, cancel or suspend service, at our sole discretion. All sub-networks, distributive hosting sites and dedicated servers of Rokabear must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

By the Account Activation Date of each month, Rokabear shall either:
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Rokabear by no later than the specified payment due date. Rokabear shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended. Accounts that are not collectible by Rokabear may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150.

Certain services carry a setup fee charged by Rokabear to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Rokabear and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.

All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer, that in Rokabear's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Rokabear an administrative fee of not less than $50 and not more than $100.

Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.
All Invoices are required to be paid in full before any equipment or data from cancelled or deactivated services will be returned to the client. If the client has invoices outstanding for over 60 days, Rokabear will assume ownership of colocated eqiupment and have the right to use, sell, or dispose of the equipment.

We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Rokabear shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Rokabear servers going off-line or being unavailable for any reason whatsoever. Furthermore, Rokabear shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any data or service from one of Rokabear 's servers. All damages shall be limited to the immediate termination of service.

Customers purchasing a monthly lease of Microsoft Products enter into an End User Agreement with Rokabear and Microsoft that includes the following terms. (For these terms the term end user refers to the Rokabear Customer.)
(i) Disclaimer: The end user cannot hold Microsoft responsible or liable for any damages, whether direct, indirect, incidental or consequential, to the maximum extent permitted by applicable law of all warranties by Microsoft and any liability of Microsoft, as a result of the use or installation of a Product.
(ii) The end user agrees to comply with and not perform any action to cause Rokabear to not comply with the following SPUR (Service Provider User Rights) agreement:SPUR.pdf;
(iii) The end user understands and agrees that the Products are not fault-tolerant. The Products are neither designed nor intended for use in a situation where the Product's failure could lead to death or serious bodily injury of any person, or to severe physical or environmental damage ("High Risk Use"). Customer is not licensed to use the Products in, or in conjunction with, High Risk Use. High Risk Use includes, for example: aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the U.S. Food, Drug, and Cosmetic Act. limitations contained in the High Risk Use section of this agreement;.
(iv) The end user understands and agrees that Microsoft or its suppliers will not provide nor are responsible for technical support for the Software Services; and
(v) the End User grants Rokabear permission to disclose End User information required for Microsoft's "Monthly Use Reports and Orders" section of Microsoft's SPUR Essentials agreement.

The Customer is responsible for all use of the Customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. Rokabear will suspend access or change access to Customer's account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. Rokabear is not liable for any usage and or charges prior to Rokabear making the necessary account alteration. Electronic mail on this system is as private as we can make it. Rokabear customers are reminded that no computer network can ever be considered completely safe from intrusion. E-Mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted and even encrypted information is only as secure as the encryption method utilized.

Rokabear is not responsible for any Customer's personal files residing on Rokabear. The Customer is responsible for independent backup of the Customer's data that is stored on Rokabear. Rokabear reserves the right to delete any Customer's personal files after one or both parties terminates the service agreement between Rokabear and the Customer.

The right to use Rokabear service is not transferable. Use and support of Rokabear accounts is expressly limited to the individual or business whose name appears on the account.

Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations of the United States of America, the Commonwealth of Virginia and the Customer's locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. The Customer agrees that any material to be reproduced or transmitted on Rokabear service through customer 's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on Rokabear. The customer shall defend, indemnify and hold harmless Rokabear from and against any claims, liabilities and expenses, including attorney fees, resulting from any Customer's use of the Rokabear or a Customer's account in an unlawful manner or otherwise in violation of or contrary to the Customer's Agreement with Rokabear or Rokabear's Acceptable Use Policies. At Rokabear's discretion, Rokabear may revoke any Customer's access to Rokabear or accounts for inappropriate usage.

While we have neither time or interest in reading traffic directed to or from users of our service, you are advised that there is no guarantee of privacy, either explicit or implied. We will cooperate fully with any request from any law enforcement agency presenting proper documentation according to the law, and any Internet Service Provider seeking to investigate spamming or hacking incidents believed to be connected with our service.

Rokabear reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Rokabear that the Customer may be performing activities harmful to Rokabear or its Customers, employees, vendors, business relationships or any other users of the Internet.

Rokabear reserves the right to collect damages (software, hardware and man hours) if any harm is done to Rokabear which requires repair or reconfiguration of any kind. In the event a Clients account is turned over to a collection agency, Client accepts and acknowledge that the Client will be responsible for all applicable fees Rokabear incurs related to the collection of monies due Rokabear. Damages will be billed for downtime due to customer damage at a minimum of $200 per hour.

Nothing contained in these policies shall be construed to limit action Rokabear may take or remedies available to Rokabear in any way with respect to any of the described conduct. Rokabear reserves the right to take any additional actions Rokabear may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Rokabear and levying cancellation charges to cover Rokabear's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Rokabear reserves at all times all rights and remedies available to Rokabear with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and Rokabear reserves the right to enforce such policy or rule at its sole discretion.

Rokabear reserves to right to change and without notice, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

Mutual Waivers and Limitations of Liability. By entering into this Agreement, we both waive important rights. You agree our maximum liability is limited to a refund or rebate of charges you have paid or owe to us. We agree your maximum liability is limited to charges you owe us, any actual damages caused to our business or property, and any damages collected from us by a third part arising out of your use of our products or services. Neither of us can recover punitive, treble, consequential, indirect or special damages or attorney's fees. Instead of suing in court, you and we agree to arbitrate disputes arising out of or related to the Agreements between us using independent arbitration involving a neutral arbitrator administered by the American Arbitration Association under arbitration rules applicable to our industry. Such arbitration shall be held in Loudoun County, Virginia. Each party shall bear their own attorneys' fees, and the initiating party shall bear the costs of the arbitration's expenses. Virgina law shall be controlling. Any judgement upon the award rendered pursuant to the arbitration proceeding may be entered in any court having competent jurisdiction.

Reports of DMCA violations must meet the following criteria:

A. Reports must be submitted by mail to the following address:
Rokabear
c/o DMCA Contact
43300-116 Southern Walk Plaza # 673
Ashburn, Va 20148-4463

B. Reports must be signed by the holder of the infringed copyright or the holder's authorized agent.
C. Reports must clearly and specifically indication the exact location (URL), nature, and extend of each instance of allegedly infringing content.
D. Reports must clearly and specifically identify the exact copyrighted material that is being infringed.
E. Reports must include sufficient documentation to allow us to verify with certainty the copyright status of the reported material.
F. Reports must include full and complete contact information for the copyright holder and, if applicable, copyright holder's authorized agent.
G. Reports must include the statement "I have a good faith belief that use of the copyrighted materials described herein is not authorized by the copyright holder, the copyright holder's agent, or the law. I, the undersigned, CERTIFY UNDER PENALTY OF PERJURY that I am the agent authorized to act on behalf of the owner of certain intellectual property rights and the information in this notification is accurate."
H. Questions about the Digital Millennium Copyright Act (DMCA) and/or its provisions should be directed to a legal professional.
I. Reports will not be accepted via email.

Violations of these Acceptable Use Policies should be referred to Rokabear Admin. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Rokabear hosting service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Rokabear hosting service or any information or software therein. You release Rokabear from and Rokabear shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the Rokabear services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by Rokabear own negligence. Without limiting the generality of the foregoing, Rokabear disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the Rokabear services. Use of any information obtained via Rokabear hosting service is at the user's own risk. Rokabear specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

Rokabear cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Rokabear are resold. Thus, certain equipment, routing, software and programming used by Rokabear are not directly owned or written by Rokabear. Moreover, Rokabear holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Rokabear sees fit.

By activating your account with Rokabear, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Although Rokabear has an excellent record for reliability, we do not offer an uptime guarantee. However, our network and servers are monitored continuously, and are rarely down except for scheduled maintenance and hardware and software upgrades.

Rokabear reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Acceptable Use Policy

Revision date: 12/28/2010

As a provider of hosting and other Internet-related services, Rokabear offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Rokabear respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Rokabear reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Rokabear has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Rokabear's services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Rokabear cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Rokabear cannot monitor or censor the Internet, and will not attempt to do so, Rokabear cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that Rokabear does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Rokabear's network and may reach a large number of people, including both subscribers and non-subscribers of Rokabear, subscribers' postings to the Internet may affect other subscribers and may affect Rokabear's goodwill, business, reputation or operations. For these reasons, subscribers violate Rokabear policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Rokabear, but also because it can overload Rokabear' network and disrupt service to Rokabear' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Rokabear will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Rokabear reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Rokabear choose to pursue and prosecute.

Obscene Speech or Materials:
Using Rokabear' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Rokabear is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using Rokabear' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups:
Rokabear reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that Rokabear determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Rokabear will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Rokabear's policy or applicable law. However, when Rokabear becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Rokabear.

Rokabear is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Rokabear's facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Rokabear does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Rokabear reserves the right to directly take action against a customer of its subscribers. Also, Rokabear may take action against the Rokabear's subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Rokabear anticipates that subscribers who offer Internet services will cooperate with Rokabear in any corrective or preventive action that Rokabear deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Rokabear policy.

Rokabear will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Rokabear may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Rokabear may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Rokabear assumes no obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Rokabear may disclose subscriber information or information transmitted over its network where necessary to protect Rokabear and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Rokabear will never sell information to other services or outside companies.

Rokabear expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Rokabear policy. Finally, Rokabear wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Rokabear for any violation of the Service Agreement, law or Rokabear policy resulting in loss to Rokabear or the bringing of any claim against Rokabear by any third party. This means that, if Rokabear is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Rokabear, plus costs and reasonable attorney's fees.  We hope this AUP is helpful in clarifying the obligations of Internet users, including Rokabear and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to info@rokabear.com.