The 'Agreement' means Terms and Conditions and the details on the Application for InstaNode Account. The 'Customer' refers to all other persons, companies, or other entities identified on the Application for InstaNode Account. The 'Service' means the computing and communication service known as the InstaNode VPS Web Hosting Service, as modified from time to time.

These terms and conditions are the terms on which InstaNode provides services or goods to its Customers, if and only if modified by any written contract between InstaNode and its Customers in any particular case. The terms so modified constitute the agreement in its entirety and supersede prior agreements, excluding specific term contracts and contracts with Service Level Agreements. InstaNode may modify these terms as applying to any agreement, the pricing structure for any Service (excluding term contracts) or the terms of the operation by general notice at http://www.InstaNode.com, under InstaNode Pricing, and by email newsletter to the last email address provided to InstaNode by the Customer. The Customer is required to keep their contact details with InstaNode current. Any use of Service more than 30 days after joining or 30 days after modification of these terms will constitute acceptance of these terms. It is the Customer's responsibility to check these periodically.

The service is a subscription service payable in advance. The Customer must pay for all goods and services by the due date. In particular the Customer must pay for all service data charges and other amounts incurred by the Customer or its Users or incurred as a result of any use of the Customer Account and services (whether authorised or not) in accordance with the billing option selected. In addition, the Customer may be liable for all charges and expenses incurred by InstaNode resulting from any security breach or attack or Customer error that involves Customer hardware, software, or network configuration, including IP addresses.

In addition the Customer must provide and pay for:

• the installation and use of equipment needed to access the Service (if any) at their own cost;
• all government taxes, duties and levies (if any) imposed on the Customer or InstaNode in respect of any Services or goods supplied excluding income tax.

Payment for all service is due upon the order due date. The Customer must pay all amounts billed in accordance with the billing option they are on. Any questions regarding the charges on an account must be addressed within 30 days of the billing date. Where a charge is in dispute the Customer may withhold the disputed portion whilst it is investigated but non-disputed charges may not be withheld.

No credit terms are given. If payment is not received after the due date a finance fee of 2% (minimum USD $1) per month will be payable on all overdue amounts.

Accounts with a balance more than 15 days overdue may be suspended without further warning. A $10 Suspension fee will be automatically applied. Suspended accounts may not be altered or closed until full payment is received.

Suspended accounts may be sent to InstaNode's debt collection agency without further notice. Any expenses incurred in the recovery of debt, including but not limited to legal and debt collection costs, shall be claimed on the Customer.

InstaNode may, in rare cases, require the payment of a security deposit before providing the service, or as a condition of continuing any Service, and may use the security deposit to meet any costs, loss or liability incurred by the Customer. When the Customer has fully performed his or her obligations, InstaNode shall return the outstanding balance of the security deposit, without interest.

The Customer consents to InstaNode obtaining credit reports and information containing personal information (as well as information concerning commercial credit worthiness and activities) for the purpose of assessment by InstaNode of an application for credit (whether commercial or personal) or for the purpose of the collection of payments that are overdue.

InstaNode respects your privacy and is committed to maintaining strict confidentiality of the Customer. InstaNode will not reveal, sell, or in any way divulge information about the Customer or the Internet usage of the Customer to any individual, business, marketing, or research group without prior consent of the Customer or without legal warrant. The Contact Information (includes name, company name, job title and description, telephone numbers, mobile number, fax number, postal address, business address and email address), the Transactional Information (includes invoicing, billing and payment details, billing name and address, credit card details) and Other Information (includes information about your organization, requirements and similar information needed to suit our services to the Customer better) will be safeguarded with highest levels of security. InstaNode will not authorize the release of these information to anyone outside unless the Customer has consented to such disclosure.

The Customer accepts responsibility for all information and material issued by the Customer over any Service, and indemnifies InstaNode against any liability in relation thereto. In particular the Customer undertakes that it shall not publish, distribute or issue any information that is illegal, including copyrighted materials. The Customer also acknowledges that InstaNode does not vet or approve any information or material available through any service and that InstaNode does not accept any liability. To the full extent permitted by law the Customer accesses and uses such information and material at their own risk.

InstaNode endeavours to provide continuous uninterrupted service at all times; however the Service provided to the Customer is not fault free and relies on factors outside the control of InstaNode. The Service is provided to the Customer at such times and means as InstaNode decides.

InstaNode guarantees the Customer a minimum of 99.99% overall uptime of the Dedicated Server (also called Bare Metal Servers), except for time under clause 10.3

InstaNode provides a Service Level Guarantee of:

• 100% Power and Cooling
• 99.99% Network (for Single Switch feed)
• 100% Network (for Dual Switch feed)

InstaNode guarantees the Customer a minimum of 99.99% overall uptime of the Virtual Private Servers, except for time under clause 10.3

InstaNode provides a Service Level Guarantee of:

• 100% Power and Cooling
• 100% Network

This guarantee is exclusive of any planned maintenance, which will be informed to Customer by InstaNode at least 24 hours prior. Planned Maintenance includes hands-on maintenance of hardware and software to maintain InstaNode

The above guarantee for Bare Metal and Virtual Private Servers is exclusive of any planned maintenance, which will be informed to Customer by InstaNode at least 24 hours prior. Planned Maintenance includes hands-on maintenance of hardware and software. It is informed hereby that utmost care would be taken to avoid any total disruption of Service to the Customer. This procedure is designed to maintain InstaNode's Services in a complete state of availability and efficient operational performance.

Except as provided in clause 12 InstaNode is not liable to the Customer or any other person for::

• any cost, loss or liability (including loss of profit or other consequential damage) arising from InstaNode's supply or failure or delay in supplying Service.
• the content, context, or confidentiality of any communications made using the Service. InstaNode does not provide support for third party software, including software downloaded from the Internet.

Except as provided below all terms, warranties, undertakings, inducements and representations relating to the provision of any Service or goods are excluded and InstaNode will not be liable for any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) in respect of any Service or goods inclusive of any software material hosted or designed by InstaNode. However, InstaNode's liability for any breach of such implied term or warranty will be limited at InstaNode's option or in any way permitted by the legislation including where so permitted:

• If the breach relates to goods: the replacement or repair of the goods; or the payment of the costs of replacing or repairing the goods.
• If the breach relates to services: the supplying of those services again; or the payment of the costs of having those services supplied again.

The Customer shall indemnify InstaNode against any loss (including any loss of profit) incurred by InstaNode as a result of any breach of the terms of any agreement with InstaNode including damages in respect of any period up to and including the date of actual termination (including termination under clause 15 and 16).

The Customer shall indemnify InstaNode against all claims, expenses, damages, or other liabilities arising directly or indirectly from accessing of obscene, defamatory, or offensive material via InstaNode Internet service.

Either party may terminate a non-fixed term agreement with 30 days written notice. Any balance owing on an account must be paid prior to closure. After reasonable notice is given InstaNode may terminate any agreement of the provision of any Service if:-

• the Customer breaches any term of any agreement
• InstaNode forms the opinion in good faith that the Customer is or may be insolvent.

Refunds will be given at the discretion of the Company Management. All outstanding charges become immediately payable on giving of such notice and in no circumstances shall the Customer be entitled to any refund of payments made under this Agreement.

InstaNode may from time to time without notice, for reasons other than payment (reasonable notice will be given when possible) suspend any Service or disconnect or deny the Customer access to any Service:

• During any technical failure, modification or maintenance involved in the Service provided that InstaNode will endeavour to procure the resumption of the Services as reasonably practicable; or
• If the Customer fails to comply with any agreement (including failure to pay charges due, having been notified of the overdue amount) until the breach (if capable of remedy) is remedied, or does, or allows to be done anything which in InstaNode's opinion may have the effect of jeopardising the operation of any Service.

Notwithstanding any suspension of any Service under this clause the Customer shall remain liable for all charges due through the period of suspension. An account that is suspended may not be altered or closed until full payment on any outstanding balance is received.

Except as otherwise expressly permitted in writing, no person may reproduce, redistribute, retransmit, publish or otherwise transfer or exploit any information which they receive regarding InstaNode's Service in any way which is to be used for competitive purposes in relation to the Service. Upon any such occurence, InstaNode has entire rights to refuse further service to the Customer.

As per going to public forums with InstaNode related complaint, it is recommended that the Customer first approach the support department for a better resolution of the problem. Unnecessarily publishing damaging comments on Social Media/Forums on InstaNode and its Service will only act detrimental to the process of proper resolution of the problem. If however, the Customer feels that such things must be expressed to the world, the Customer may do so.

The Customer cannot assign its rights under any agreement with InstaNode without the prior written consent of InstaNode. InstaNode may transfer Customer's rights and responsibilities under this assignment to another party with 30 days written notice to you.

This Agreement is governed by the laws of the United States and the parties submit to the jurisdiction of the Courts in the United States. It is illegal to view certain types of information (notably certain types of pornographic material) in the United States. Users of InstaNode may not break any laws while using the system. The availability of such material on the Internet is beyond InstaNode's control.

Users of InstaNode are expected to adhere to all policies of InstaNode, available in writing upon request or at: http://www.InstaNode.com/legal. While hacking, spamming and port scanning are not currently illegal activities in the United States, InstaNode does not support or condone these activities without the expressed consent of the recipient or administrator of that system.

The InstaNode servers may be used only for lawful purposes. Users may not use the InstaNode's Network in order to transmit, distribute or store material

• in violation of any applicable law,
• in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or,
• that which is obscene, threatening, abusive or hateful.

Note: Child pornography and illegal sex-related merchandising are prohibited on all servers. This includes sites that may infer such illegal sexual content, or link to banned adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.

In addition any site selling or promoting Bulk email services is not allowed.

Examples of non-acceptable content or links:

• Pirated software
• Hackers programs or archives
• Warez Sites
• Irc Bots
• Pirated Movies, Mp3 songs

InstaNode will be the sole arbiter as to what constitutes a violation of this provision. InstaNode will consider all the facts and factors of each case before arriving at a judgement and the Customer can be assured of InstaNode's prudency in this regard.

Any attempts to undermine or cause harm to a server is strictly prohibited. Apart from usual usage, any such harmful activity will result in immediate suspension of the Customer account without any notice. Disputes shall be resolved later, and InstaNode reserves the complete rights to refuse Service to any Customer in such cases.

Customers are free to use any CGI-Scripts provided with their account or add any additional ones they require. Any CGI-Scripts deemed to be adversely affecting the Server performance or the Network integrity may be shut down without prior notice. CGI-Script sharing with Domains not hosted by InstaNode is not allowed.

As per going to public forums with InstaNode related complaint, it is recommended that the Customer first approach the support department for a better resolution of the problem. Unnecessarily publishing damaging comments on Social Media/Forums on InstaNode and its Service will only act detrimental to the process of proper resolution of the problem. If however, the Customer feels that such things must be expressed to the world, the Customer may do so.

Background Daemons in general are prohibited. Virtual Private Servers (VPS) accounts are not prohibited from running Background Daemons.

InstaNode's servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Customer's domain may not be referenced as originator, intermediary, or reply-to address in any of the above. InstaNode consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, Customer's domain will be disabled without warning. InstaNode reserves the right to refuse or cancel service to known or suspected spammers. Lastly, InstaNode reserves the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. This is for the protection of other InstaNode Customers who have placed their trust on us.

InstaNode performs backups of VPS Hosting content on a daily basis. InstaNode makes every effort to ensure that these backups are valid. InstaNode assumes no liability for any information published to any server including all Customer web site content, related files, backup files, databases or mail belonging to any Customer hosted at InstaNode. Backup arrangements for client content for any frequency other than the standard backup frequency must be made by written contract and acceptance by InstaNode and any such contract will be subject to premium monthly charges. InstaNode assumes no responsibility for any content published to or stored on any Virtual Private Server. InstaNode assumes no liability for lost content in the event a hardware or system failure occurs and data maintained on the effected servers cannot be recovered from the most recent backups. Access to client content is provided to all Customers at any time. It is the sole responsibility of account owner to ensure that they maintain their own backup copy of any materials placed on InstaNode Servers, or of any database maintained on any server operated by InstaNode in the event InstaNode is unable to restore Customer content from backup.

AT NO TIME SHALL InstaNode ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.