TERMS OF SERVICE

This agreement between MY SERVER CONNECTIONS™️("MY SERVER CONNECTIONS"), and you ("You," "Your" or "Customer") consists of (a) these Terms of Service, (b) the Additional Terms (as defined below) and (c) any MY SERVER CONNECTIONS Order Form (as defined below), if applicable (collectively, this "Agreement"). This Agreement governs Your use of the MY SERVER CONNECTIONS (as defined below).

BY EXECUTING AN MY SERVER CONNECTIONS ORDER FORM, CREATING AN ACCOUNT (AS DEFINED BELOW), USING MY SERVER CONNECTIONS OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE LAWFULLY ABLE TO ENTER INTO THIS AGREEMENT, HAVE READ THIS AGREEMENT AND ARE BOUND BY THIS AGREEMENT, AND YOU HEREBY AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE AN INDIVIDUAL ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU HEREBY REPRESENT AND WARRANT TO MY SERVER CONNECTIONS THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF CUSTOMER AND BIND CUSTOMER TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, IN WHICH CASE, THE TERM “CUSTOMER” WILL REFER TO SUCH ENTITY. IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT OR ARE NOT AN AUTHORIZED AGENT FOR CUSTOMER, DO NOT EXECUTE AN MY SERVER CONNECTIONS ORDER FORM, CREATE AN ACCOUNT OR OTHERWISE USE THE MY SERVER CONNECTIONS SERVICES.

Customer may gain access to the MY SERVER CONNECTIONS by (a) executing an MY SERVER CONNECTIONS Order Form or (b) creating an online account here (an "Account"), which includes and requires clicking a box indicating Customer's acceptance of this Agreement. If Customer elects to purchase access to the MY SERVER CONNECTIONS through Customer’s Account, Customer will, among other things, select the following from the options presented: (i) the applicable MY SERVER CONNECTIONS; (ii) the Service Term (as defined below); and (iii) a payment plan and method.

MY SERVER CONNECTIONS reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement (including the Additional Terms) and to impose new or additional rules, policies, terms, or conditions on Your use of the MY SERVER CONNECTIONS. MY SERVER CONNECTIONS will communicate changes to this Agreement by posting the new version of this Agreement on its website here or as otherwise determined by MY SERVER CONNECTIONS in its sole discretion, at which time such updated Agreement will be immediately effective. Your continued use of any MY SERVER CONNECTIONS Services after such notification of changes to this Agreement will constitute Your acceptance of any and all such changes. Notwithstanding the foregoing, MY SERVER CONNECTIONS will notify You of any material changes to this Agreement.

DEFINITIONS

"Additional Terms" means the Service Specific Terms, the Support Policies, the Data Processing Agreement, the Privacy Policy, the Third Party Terms and any other terms and conditions disclosed to Customer in an MY SERVER CONNECTIONS Order Form, if applicable, through Customer’s Account or in connection with accessing any MY SERVER CONNECTIONS, each of which are hereby incorporated by reference.

"Applicable Law" means all applicable laws, regulations, ordinances, rules, codes and orders of governmental authorities having jurisdiction over MY SERVER CONNECTIONS and Customer.

"Content Data" means all applications, files, data, information or other content uploaded to or published, displayed or backed up through the MY SERVER CONNECTIONS Services by Customers, Users or MY SERVER CONNECTIONS (when acting upon Customer's instructions as part of an MY SERVER CONNECTIONS), excluding Usage Data.

"Documentation" means written, published information accessible here as updated from time to time.

"Fees" means the prices Customer agrees to pay to access and use the MY SERVER CONNECTIONS Services inclusive of any discounts or promotional pricing provided.

"Infringement Claim" means any third party claim that the use by Customer solely of the MY SERVER CONNECTIONS Services, as used as contemplated in this Agreement, infringes any patent, trademark or copyright of a third party, or misappropriates a trade secret (but only to the extent that the misappropriation is not a result of Customer’s actions) under the laws of the United States.

"Intellectual Property Rights" means copyrights (including, without limitation, the exclusive right to use, reproduce, modify, distribute, publicly display and publicly perform the copyrighted work), trademark rights (including, without limitation, trade names, trademarks, service marks, and trade dress), patent rights (including, without limitation, the exclusive right to make, use and sell), trade secrets, moral rights, right of publicity, authors’ rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the law of the United States or any other state, country or jurisdiction.

"Login Credentials" means any user IDs, passwords, authentication keys or security credentials that enable Customer's access to and management of the MY SERVER CONNECTIONS Services.

"MY SERVER CONNECTIONS Order Form" means a written ordering document executed by an authorized representative of each of MY SERVER CONNECTIONS and Customer that incorporates these Terms of Service by reference. The MY SERVER CONNECTIONS Order Form will specify the MY SERVER CONNECTIONS that Customer is purchasing, payment obligations related thereto and the duration of the Service Term.

"MY SERVER CONNECTIONS Partner" means a third party reseller or distributor authorized by MY SERVER CONNECTIONS to sell MY SERVER CONNECTIONS.

"MY SERVER CONNECTIONS" means MY SERVER CONNECTIONS's, a current list of which is located here.

"Service Specific Terms" means the additional terms that govern specific MY SERVER CONNECTIONS, which are located here.

"Service Term" means the Initial Service Term (as defined below) plus any Renewal Term(s) (as defined below).

"Support" means the support services provided by or on behalf of MY SERVER CONNECTIONS for the applicable MY SERVER CONNECTIONS purchased by Customer pursuant to an MY SERVER CONNECTIONS Order Form or through Customer’s Account, which are described in the Support Policies.

"Support Policies" means the statement of support, service level agreements and any other support policies for MY SERVER CONNECTIONS located here.

"Third Party Product" means any non-MY SERVER CONNECTIONS-branded products and (including hardware) and non-MY SERVER CONNECTIONS-licensed software products.

"Updates" means any updates, enhancements, modifications, improvements, patches and/or upgrades to any MY SERVER CONNECTIONS that MY SERVER CONNECTIONS generally makes available to its customers for no additional charge.

"Usage Data" means any and all information reflecting the access or use of the MY SERVER CONNECTIONS by or on behalf of Users, including, but not limited to, visit-, session-, or stream-data and any statistical or other analysis, information or data based on or derived from any of the foregoing.

"Users" means any users that access Your content or that use the MY SERVER CONNECTIONS under Customer's Login Credentials.

ACCESS TO MY SERVER CONNECTIONS SERVICES EVALUATION. If You access the MY SERVER CONNECTIONS on an evaluation or beta basis (the "Evaluation Service"), then You may use the Evaluation Service only for evaluation purposes and for a period of thirty (30) calendar days, beginning on the date MY SERVER CONNECTIONS provides Customer with Login Credentials, unless otherwise specified in writing by MY SERVER CONNECTIONS (the "Evaluation Period"). Notwithstanding any other provision of this Agreement, MY SERVER CONNECTIONS provides the Evaluation Service (i) free of charge and without Support and (ii) "AS IS" without indemnification or warranty of any kind but without prejudice to the statutory rights of consumers based in the EU. The Support Policies do not apply to the Evaluation Service. Also, certain features or described in the Service Specific Terms may not be available for the Evaluation Service. Continued use of the MY SERVER CONNECTIONS Services after the Evaluation Period requires that Customer (A) register for the applicable MY SERVER CONNECTIONS Services through Customer's Account or by executing an MY SERVER CONNECTIONS Order Form and (B) submit the applicable payment. Upon expiration of the Evaluation Period, You will not have access to the Evaluation Service or to any Content Data therein.

ACCESS TO MY SERVER CONNECTIONS SERVICES. Customer may access and use the MY SERVER CONNECTIONS Services for which it has registered (via an MY SERVER CONNECTIONS Order Form or through Customer's Account) solely for its own benefit and only in accordance with this Agreement. As a condition to using the MY SERVER CONNECTIONS Services, Customer must set up an authorized Account with Login Credentials. Customer will provide accurate and complete information in its Account and will update its information as necessary to keep it current. For purposes of fraud prevention, MY SERVER CONNECTIONS may require Customer to provide documentation verifying their identity and payment information. Failure to provide accurate information in response to such a request will result in the cancellation of Customer's order(s) and immediate termination of Customer’s Account. Customer may manage its Account through the MY SERVER CONNECTIONS portal available here. Customer is solely responsible for the security of its and its Users' Login Credentials. Customer will ensure that its Users do not share Login Credentials with others. Customer is responsible for any use that occurs under its Login Credentials, including any activities by Users. If Customer believes an unauthorized person has gained access to Login Credentials, Customer will notify MY SERVER CONNECTIONS as soon as possible by contacting Customer Support via chat, phone or by email directed at support@usaserversolutions.com. Customer will ensure that Users comply with all terms and conditions of this Agreement and Customer remains responsible and liable for the acts and omissions of the Users. If Customer becomes aware of any violation by any User, Customer will immediately terminate that User’s access to Content Data.

UPDATES TO MY SERVER CONNECTIONS SERVICES. MY SERVER CONNECTIONS may change the MY SERVER CONNECTIONS Services at any time, and may add, modify or discontinue references, ranges, options or features, as well as upgrade performance of MY SERVER CONNECTIONS Services. Notwithstanding the foregoing, modifications to Third Party Products and urgent changes to the MY SERVER CONNECTIONS Services in response to security risks, or legal or regulatory compliance updates may result in immediate modifications to the MY SERVER CONNECTIONS Services. In the case of an update that substantially degrades existing MY SERVER CONNECTIONS Services in use by Customer (removal of functionality, performance downgrade, etc.), Customer may terminate the relevant MY SERVER CONNECTIONS by notifying the MY SERVER CONNECTIONS Customer Support Team, within thirty (30) calendar days from the date the relevant update is implemented.

END OF LIFE. In the event that any MY SERVER CONNECTIONS Service reaches end-of-life, MY SERVER CONNECTIONS will attempt to notify You at least thirty (30) calendar days in advance of the end-of-life date (the "EOL Date"). Customer is responsible for migrating to a new MY SERVER CONNECTIONS Service before the EOL Date or otherwise cease using said MY SERVER CONNECTIONS Service before the EOL Date. Following the EOL Date, MY SERVER CONNECTIONS will either offer a comparable MY SERVER CONNECTIONS Service for You to migrate to for the remainder of your Service Term, a pro-rated credit or a prorated refund, to be determined by MY SERVER CONNECTIONS at its sole discretion.

SUPPORT. Subject to the terms and conditions of this Agreement, MY SERVER CONNECTIONS will provide support to Customer for the MY SERVER CONNECTIONS Services in accordance with the then applicable Support Policy. Customer acknowledges that MY SERVER CONNECTIONS is not responsible for technical issues that cannot be identified as being primarily caused by the MY SERVER CONNECTIONS Services.

ORDERING

PURCHASES AND PRICING. Customer may purchase the right to access and use the MY SERVER CONNECTIONS Services by (i) registering for the applicable MY SERVER CONNECTIONS Services through Customer's Account, or (ii) executing an MY SERVER CONNECTIONS Order Form. MY SERVER CONNECTIONS offers different types of rates depending on the type of MY SERVER CONNECTIONS Service (monthly flat-rate, yearly flat-rate, metered-usage, etc.). These rates may be linked to a commitment to a particular period of use and/or a specific method of invoicing. Purchase of the MY SERVER CONNECTIONS Services includes access to any applicable Support during the Service Term. The provisioning time for MY SERVER CONNECTIONS may vary depending on the MY SERVER CONNECTIONS ordered. Some MY SERVER CONNECTIONS are made available only upon receipt by MY SERVER CONNECTIONS of payment from Customer in advance for the relevant MY SERVER CONNECTIONS. It is the responsibility of Customer to ensure the delivery terms for the ordered MY SERVER CONNECTIONS meets Customer's needs.

PAYMENT METHOD. Customer will pay MY SERVER CONNECTIONS in accordance with the payment method identified in Customer's Account or in an MY SERVER CONNECTIONS Order Form, as applicable. Payment method options may include payment (i) by credit card or (ii) via eCheck/ACH, as applicable. If Customer makes an automatic payment arrangement, MY SERVER CONNECTIONS will provide Customer with a writing or its electronic equivalent describing the terms of such automatic payment arrangement. To use this automatic payment arrangement, Customer agrees to receive the terms of such authorization electronically as set forth herein. Customer also agrees that its electronic acceptance of the terms of such authorizations will constitute valid and binding electronic signature that will have the same force and effect as a handwritten signature by Customer. Customer will provide true, complete and accurate information with respect to the applicable method of payment and agrees to promptly contact MY SERVER CONNECTIONS and to otherwise update Customer's Account if any such information needs to be updated. Customer will ensure that Customer has sufficient funds or credit (as applicable) associated with the selected method of payment. Customer understands that the amounts charged or debited may vary and that this authorization will remain in effect until the expiration or termination of this Agreement. If an ACH payment is returned from the applicable bank account for insufficient or uncollected funds or for erroneous information, MY SERVER CONNECTIONS may reinitiate the returned ACH debit to the applicable bank account. Any amounts owed to MY SERVER CONNECTIONS that cannot be collected by ACH debit may be charged to any backup credit card on file for Customer.

PURCHASE ORDER. Customer may elect to issue a purchase order to MY SERVER CONNECTIONS or an MY SERVER CONNECTIONS Partner, as applicable, by indicating its preference to do so on the applicable MY SERVER CONNECTIONS Order Form. If Customer so elects to issue a purchase order, Customer must issue such purchase order to MY SERVER CONNECTIONS or an MY SERVER CONNECTIONS Partner within five (5) business days from the Effective Date of any MY SERVER CONNECTIONS Order Form, or MY SERVER CONNECTIONS shall have the option to cancel the MY SERVER CONNECTIONS Order Form and its terms shall be null and void. Any additional or conflicting terms contained in any Customer purchase order, proposal or other document shall be deemed to be rejected by MY SERVER CONNECTIONS without need of further notice of objection, even if such document is acknowledged or accepted by MY SERVER CONNECTIONS, and regardless of any statement to the contrary which may be contained therein, and shall be of no effect or in any way binding upon MY SERVER CONNECTIONS.

PAYMENT TERMS. Customers who choose to pay by credit card shall be charged on behalf of MY SERVER CONNECTIONS on or about the date Customer is invoiced by MY SERVER CONNECTIONS for the MY SERVER CONNECTIONS purchased. Subject to a successful credit check initiated by MY SERVER CONNECTIONS, Customers that pay by eCheck or ACH will pay all invoices issued by MY SERVER CONNECTIONS within thirty (30) calendar days of the date of the invoice or as otherwise set forth in an applicable MY SERVER CONNECTIONS Order Form. Notwithstanding the foregoing, if Customer has arranged for payment by credit card, MY SERVER CONNECTIONS may charge Customer's card on or after the invoice date. Except as otherwise provided in this Agreement or as otherwise provided by Applicable Law, all Fees are non-cancelable and non-refundable. Unless otherwise set forth in the Service Specific Terms, all monthly or prepaid Fees will be due in advance and all Fees based on actual metered usage of an MY SERVER CONNECTIONS Service will be due in arrears. If any payment is delinquent (including if payment is late due to a credit card chargeback or insufficient funds), MY SERVER CONNECTIONS may, without limiting any remedies available to MY SERVER CONNECTIONS: (i) terminate this Agreement and/or any applicable MY SERVER CONNECTIONS Order Form; or (ii) suspend performance of or access to the applicable MY SERVER CONNECTIONS , until payment is made current. Customer will pay interest on all delinquent amounts at the lesser of 1.5% per month or the maximum rate permitted by Applicable Law. If MY SERVER CONNECTIONS terminates this Agreement for non-payment, the Fees for the remainder of the Service Term shall be due immediately. All Fees are exclusive of all sales, use, excise, value added, withholding and other taxes, and all customs duties and tariffs now or hereafter claimed or imposed by any governmental authority upon the MY SERVER CONNECTIONS Services will be paid by Customer. MY SERVER CONNECTIONS reserves the right to increase prices for MY SERVER CONNECTIONS Services at any time, although increases in prices for MY SERVER CONNECTIONS Services will not go into effect until the next renewal of the Service Term. Upon commencement of any Renewal Term, unless otherwise provided in the terms of an applicable promotion or provided in an MY SERVER CONNECTIONS Order, any promotional pricing or discounts shall automatically discontinue, and Customer shall be charged the rates for the MY SERVER CONNECTIONS Services posted on the MY SERVER CONNECTIONS website or detailed in the applicable MY SERVER CONNECTIONS Order Form. If Customer purchases through an MY SERVER CONNECTIONS Partner, all fees and other procurement and delivery terms will be agreed between Customer and the applicable MY SERVER CONNECTIONS Partner. EXCEPT AS REQUIRED BY APPLICABLE LAW OR AS EXPRESSLY SET FORTH IN THIS AGREEMENT, MY SERVER CONNECTIONS IS NOT OBLIGATED TO REFUND ANY FEES OR OTHER PAYMENTS ALREADY PAID, AND ANY CANCELLATION BY CUSTOMER WILL TAKE PLACE AT THE END OF THE APPLICABLE SERVICE TERM.

INVOICE DISPUTES. If the parties determine that certain billing inaccuracies are attributable to MY SERVER CONNECTIONS, MY SERVER CONNECTIONS will apply credit to Customer's Account. To the fullest extent permitted by law, Customer waives all claims relating to Fees unless claimed within sixty (60) calendar days after being invoiced by MY SERVER CONNECTIONS.

EU CONSUMER POLICY. If You are a consumer based in the EU, You have the right to cancel this Agreement within fourteen (14) calendar days of the date on which You requested the MY SERVER CONNECTIONS Services, without giving any reason. To exercise Your right to cancel, You must notify MY SERVER CONNECTIONS of Your decision to cancel this Agreement by contacting Customer Support via MY SERVER CONNECTIONS Control Panel or email directed to support@usaserversolutions.com. To meet the fourteen (14) calendar day deadline provided above, it is sufficient for You to send Your notification concerning the exercise of the right to cancel before the cancellation period has expired. If You cancel this Agreement, we will reimburse to You all payments received from You without undue delay and not later than fourteen (14) calendar days from the day on which we are informed about Your decision to cancel the Agreement. We will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of the reimbursement. If You are a consumer based in the EU and You have agreed to the MY SERVER CONNECTIONS Services commencing immediately, You will be required to pay a pro-rated amount of the Fees applicable to the MY SERVER CONNECTIONS Services You have requested based on the initial Fees You have paid for the MY SERVER CONNECTIONS Services and the date on which You exercise Your statutory right to cancel the Agreement.

CONFIDENTIALITY

As used in this Agreement, "Confidential Information" means, subject to the exceptions set forth in the following sentence, any information or data, regardless of whether it is in tangible form, disclosed by either MY SERVER CONNECTIONS or Customer (the "Disclosing Party") that the Disclosing Party has either marked as confidential or proprietary, or has identified in writing as confidential or proprietary within thirty (30) calendar days of disclosure to the other party (the "Receiving Party"); provided, however, that a Disclosing Party's business plans, strategies, technology, research and development, current and prospective customers, billing records, and products or services will be deemed Confidential Information of the Disclosing Party even if not so marked or identified. MY SERVER CONNECTIONS's Confidential Information includes, without limitation, the MY SERVER CONNECTIONS Services, any information related thereto and the Login Credentials. Information will not be deemed Confidential Information if such information: (a) is known to the Receiving Party prior to receipt from the Disclosing Party directly or indirectly from a source other than one having an obligation of confidentiality to the Disclosing Party; (b) becomes known (independently of disclosure by the Disclosing Party) to the Receiving Party directly or indirectly from a source other than one having an obligation of confidentiality to the Disclosing Party; (c) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of this Agreement by the Receiving Party; or (d) is developed independently by the Receiving Party without use of any Confidential Information of the Disclosing Party. Each party agrees that it will use the Confidential Information of the other party solely to perform its obligations or exercise its rights under this Agreement. Neither MY SERVER CONNECTIONS nor Customer will disclose, or permit to be disclosed, the other party's Confidential Information directly or indirectly, to any third party without the other party's prior written consent. Both MY SERVER CONNECTIONS and Customer will use commercially reasonable measures to protect the confidentiality and value of the other party's Confidential Information. Notwithstanding any provision of this Agreement, either party may disclose the other party’s Confidential Information, in whole or in part: (i) to its employees, officers, directors, consultants and professional advisers (e.g., attorneys, auditors, financial advisors, accountants and other professional representatives) who have a need to know and are legally bound to keep such Confidential Information confidential by confidentiality obligations or, in the case of professional advisors, are bound by ethical duties to keep such Confidential Information confidential consistent with the terms of this Agreement; and (ii) as required by Applicable Law (in which case each party will, if permitted by Applicable Law, provide the other with prior written notification thereof and use its reasonable efforts to minimize such disclosure to the extent permitted by Applicable Law). Both MY SERVER CONNECTIONS and Customer agree to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. In the event of actual or threatened breach of the provisions of this Section, the non-breaching party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it. Both MY SERVER CONNECTIONS and Customer will promptly notify the other in writing if it becomes aware of any violations o

PRIVACY AND DATA STORAGE. MY SERVER CONNECTIONS's privacy and data storage practices are described in MY SERVER CONNECTIONS's data processing agreement located here (the "Data Processing Agreement"), which is hereby incorporated by reference. See also MY SERVER CONNECTIONS's privacy policy located here (the "Privacy Policy"), which is hereby incorporated by reference. MONITORING. MY SERVER CONNECTIONS has the right to verify Your compliance with this Agreement. If MY SERVER CONNECTIONS contacts Customer to verify compliance, Customer will provide information or other materials reasonably requested to assist in the verification (For German customers only: A Customer from Germany is only obliged to provide information necessary for such verification, available to the Customer and reasonably requested for such verification). MY SERVER CONNECTIONS may monitor the overall performance and stability of the infrastructure of the MY SERVER CONNECTIONS Services. Customer may not block or interfere with that monitoring. If MY SERVER CONNECTIONS reasonably believes a problem with the MY SERVER CONNECTIONS Services may be attributable to Content Data or Customer’s use of the MY SERVER CONNECTIONS Services, Customer will cooperate with MY SERVER CONNECTIONS to identify the source of and resolve that problem. PROTECTED INFORMATION. You represent and warrant that You will not submit any unencrypted Protected Health Information, as defined in the Health Insurance Portability and Accountability Act (45 CFR 160.103), or any unencrypted personally identifiable information subject to regulatory protection under Applicable Law (collectively "Unencrypted Protected Information") to MY SERVER CONNECTIONS, whether as part of the MY SERVER CONNECTIONS Services or otherwise. You represent and warrant that You will not submit any encrypted Protected Health Information, as defined in the Health Insurance Portability and Accountability Act (45 CFR 160.103), or any encrypted personally identifiable information subject to regulatory protection under U.S. law (collectively "Encrypted Protected Information") to MY SERVER CONNECTIONS, whether as part of the MY SERVER CONNECTIONS Services or otherwise, unless we have entered into a Business Associate Agreement ("BAA"). In the event You will submit encrypted Protected Information in conjunction with Your use of the MY SERVER CONNECTIONS Services, You must contact MY SERVER CONNECTIONS at support@usaserversolutions.com to request a BAA. Notwithstanding anything to the contrary in this Agreement, You recognize and agree that MY SERVER CONNECTIONS will have no liability whatsoever under this Agreement or otherwise for any Unencrypted Protected Information or Encrypted Protected Information You provide in violation of this Section, and You agree to fully indemnify and hold harmless MY SERVER CONNECTIONS from any third party claims resulting from a violation or alleged violation of this Section. CONTENT DATA CONTENT DATA RIGHTS. As between Customer and MY SERVER CONNECTIONS, Customer retains all right, title, and interest in the Content Data, except for the limited license expressly granted by Customer to MY SERVER CONNECTIONS in this Section 7. Customer hereby grants to MY SERVER CONNECTIONS a royalty-free, fully paid up, worldwide, sublicensable, non-transferable (except as set forth in Section 19(j)) right and license to copy, display, distribute, modify and otherwise use the Content Data, solely as necessary to provide the MY SERVER CONNECTIONS Services to Customer. Customer further acknowledges that MY SERVER CONNECTIONS may collect Usage Data and may aggregate and/or anonymize Usage Data to use for statistical purposes and share samples of such aggregated and/or anonymized Usage Data with other third parties. (For German customers only: If Customer is from Germany, MY SERVER CONNECTIONS may only collect and aggregate anonymized Usage Data to use for statistical purposes and share samples of such aggregated and anonymized Usage Data with other third parties.) CUSTOMER REPRESENTATIONS AND OBLIGATIONS. Customer will only use the MY SERVER CONNECTIONS Services with Content Data to which it has full right, title or license. Customer represents, warrants and covenants that its use of the MY SERVER CONNECTIONS Services and related backup to and storage of Content Data complies and will comply with all Applicable Laws, including those related to data privacy, data security, international communication and the exportation of technical, personal or sensitive data. Customer will not, and will take commercially reasonable steps to ensure that each User does not, distribute, publish, store or transmit content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to anyone; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that is illegal, unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; or (v) contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships. Customer represents and warrants that the Content Data does not and will not violate any third-party rights, including any Intellectual Property Rights, and rights of publicity and privacy. If Customer becomes aware that any of the Content Data or any User's access to or use of the Content Data violates this Agreement, Customer will take immediate action to remove the applicable part of Content Data or suspend the User’s access. Customer will ensure that Customer’s use of the MY SERVER CONNECTIONS Services complies at all times with Customer's privacy policies and all Applicable Laws, including any encryption requirements. Customer is solely responsible for Content Data. Except as provided in the Data Processing Agreement, Customer is responsible for protecting the security of Content Data, including any access to Content Data that Customer provides to its employees, customers or other third parties, and when it is in transit to and from the MY SERVER CONNECTIONS Services. Customer must take and maintain commercially reasonable steps regarding the security, protection and backup of Content Data, which might include the use of encryption technology to protect Content Data from unauthorized access. Customer is responsible for providing any necessary notices to Users and for obtaining any legally-required consents from Users concerning their use of the MY SERVER CONNECTIONS Services. Customer is responsible for any losses or other consequences arising from Customer's failure to encrypt or back up Content Data. Customer will have and maintain appropriate policies and procedures for cybersecurity and to ensure compliance with its regulatory or legal obligations. TELEPHONE CONSUMER PROTECTION ACT. By providing your telephone number(s) to MY SERVER CONNECTIONS, you consent to receive telephone calls by and behalf of MY SERVER CONNECTIONS and its affiliates, including telephone calls made by or using an automatic telephone dialing system or artificial or prerecorded voice, at the number(s) you have provided, for all non-marketing purposes, including but not limited to all purposes described in this Agreement or relating to MY SERVER CONNECTIONS Services. DIGITAL MILLENNIUM COPYRIGHT ACT. MY SERVER CONNECTIONS respects the intellectual property rights of others, and we require our Customers to do the same. The contact information for our Digital Millennium Copyright Act ("DMCA") agent is as follows: DMCA Agent MY SERVER CONNECTIONS 1030 N Rogers Ln ,Ste 121 PMB 2047 , Raleigh, North Carolina 27610 If you believe your copyright is being infringed by content on the MY SERVER CONNECTIONS network, please submit a notice of infringement via our Webform, located here: REPORT COPYRIGHT ABUSE The Webform is the fastest and easiest way to report possible copyright infringement. MY SERVER CONNECTIONS is committed to managing copyright complaints responsibly and in compliance with applicable laws. In those circumstances where the United States DMCA is applicable, it is our policy to expeditiously process all valid notices of alleged copyright infringement. Please note that sending a DMCA notice initiates a statutorily-defined legal process and we will share your full notice, including your contact information, with the MY SERVER CONNECTIONS customer at issue. In most instances, MY SERVER CONNECTIONS does not have access to particular content hosted by MY SERVER CONNECTIONS customers. Thus, upon receipt of a valid DMCA notice, MY SERVER CONNECTIONS will forward your notice to the appropriate MY SERVER CONNECTIONS customer and require a timely and adequate response from the MY SERVER CONNECTIONS customer. You may also send your DMCA notice directly to the MY SERVER CONNECTIONS customer as well. MY SERVER CONNECTIONS has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of MY SERVER CONNECTIONS customers who are repeat infringers. For additional details and information concerning MY SERVER CONNECTIONS's DMCA policies and procedures, please click here. THIRD PARTY PRODUCTS Customer is responsible for any Third Party Products that a third party licenses, sells or makes available to Customer that Customer installs or uses with the MY SERVER CONNECTIONS Services. Customer's use of such Third Party Products is governed by separate terms between Customer and that third party. MY SERVER CONNECTIONS is not a party to and is not bound by any of those separate terms. Certain Third Party Products may carry a limited warranty from the third-party provider of such Third Party Products. To the extent required or allowed, if MY SERVER CONNECTIONS makes available to Customer a Third Party Product in connection with Customer's use of the MY SERVER CONNECTIONS Services, MY SERVER CONNECTIONS will pass through to Customer any such manufacturer warranties related to such Third Party Products. Notwithstanding the foregoing, Customer acknowledges that MY SERVER CONNECTIONS is not responsible for the availability or for the fulfillment of any Third Party Product warranty or for problems attributable to use of Third Party Products. ALL THIRD PARTY PRODUCTS ARE PROVIDED BY USA SERVERS SOLUTIONS ON AN "AS IS" BASIS. You are responsible for reviewing, accepting, and complying with any third party terms of use or other restrictions applicable to the Third Party Product. MY SERVER CONNECTIONS reserves the right to suspend or terminate any Third Party Products at any time. The third party terms applicable to Third Party Products made available by MY SERVER CONNECTIONS are available here, as may be modified from time to time (the "Third Party Terms"). TERM AND TERMINATION TERM. This Agreement will be effective upon Customer's execution of an MY SERVER CONNECTIONS Order Form or when Customer otherwise clicks a box agreeing to this Agreement (during Account creation or otherwise) and, unless earlier terminated as set forth in this Agreement, continue in effect for the initial service term identified on the MY SERVER CONNECTIONS Order Form or selected in the Account, as applicable (the "Initial Service Term"). UNLESS OTHERWISE SET FORTH IN AN MY SERVER CONNECTIONS ORDER FORM, IF APPLICABLE, THIS AGREEMENT WILL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS OF EQUAL DURATION (EACH, A "RENEWAL TERM"), UNLESS EITHER PARTY GIVES NOTICE OF NON-RENEWAL AT LEAST THIRTY (30) CALENDAR DAYS PRIOR TO THE END OF THE THEN-CURRENT SERVICE TERM OR, IF THE SERVICE TERM IS MONTH-TO-MONTH, CUSTOMER MAY GIVE NOTICE OF NON-RENEWAL ANY TIME PRIOR TO THE END OF THE THEN CURRENT SERVICE TERM. You may provide notice of non-renewal by contacting MY SERVER CONNECTIONS through available support channels or online by visiting Your MY SERVER CONNECTIONS Account. TERMINATION FOR CONVENIENCE. Unless otherwise stated in this Agreement, Customer may terminate this Agreement for convenience at any time by giving MY SERVER CONNECTIONS at least thirty (30) calendar days' advance written notice. If Customer elects to terminate this Agreement for convenience in accordance with this Section 9(b), they shall be subject to an early termination fee equal to the monthly recurring Fees multiplied by the number of months remaining in the Service Term. TERMINATION FOR CAUSE. In addition to any other termination rights set forth in this Agreement, (i) MY SERVER CONNECTIONS can terminate this Agreement immediately upon written notice to Customer if Customer breaches Section 5(b) or Section 7(b); and (ii) either party can terminate this Agreement upon written notice to the other party if (A) such other party breaches this Agreement (other than breaches of Section 5(b) or 7(b)) and fails to cure such breach within thirty (30) days of receipt of written notice thereof or (B) such other party (1) becomes insolvent, admits in writing its inability to pay debts as they mature or makes an assignment for the benefit of creditors; (2) becomes subject to control of a trustee, receiver or similar authority or any bankruptcy or insolvency proceeding; or (3) an equivalent or similar event or proceeding occurs in respect of the Customer in any jurisdiction (in each case of (1), (2) and (3), which, if initiated involuntarily, is not dismissed within forty-five (45) calendar days of its institution). EFFECTS OF TERMINATION. THE TERMINATION OF THE MY SERVER CONNECTIONS SERVICES WILL CAUSE SUCH MY SERVER CONNECTIONS SERVICES TO CEASE FUNCTIONING AND RESULT IN CUSTOMER NOT BEING ABLE TO ACCESS ANY CONTENT DATA. FOLLOWING TERMINATION OF THIS AGREEMENT, MY SERVER CONNECTIONS WILL DESTROY ALL CONTENT DATA (WITHOUT PREJUDICE TO SECTION 9(e) BELOW). The termination of this Agreement for any reason will not affect: (i) the obligations of Customer and MY SERVER CONNECTIONS to account for and pay to one another any amounts for which they are obligated by virtue of transactions or events which occurred prior to the effective date of termination; or (ii) any other obligation or liability which either Customer or MY SERVER CONNECTIONS has to the other under this Agreement and which, by its nature, would reasonably be expected to survive termination. The following Sections will survive any expiration or termination of this Agreement: 1, 3(b), 3(c), 4, 5, 6(c), 7(a), 9(d), 9(e), 11, 12, 13, 14, 15 and 19. CONTENT DATA POST EXPIRATION OR TERMINATION. Before expiration or termination of the applicable Service Term, MY SERVER CONNECTIONS recommends that Customer ensures it places a copy of its Content Data in a place that can be accessed without the MY SERVER CONNECTIONS Services. Provided that Customer is in compliance with all of the terms and conditions of this Agreement, MY SERVER CONNECTIONS will extend Customer’s ability to access the MY SERVER CONNECTIONS Services for fifteen (15) calendar days following the end of the Service Term if Customer notifies MY SERVER CONNECTIONS via email (directed to support@us.my SERVER CONNECTIONS.com) prior to the end of the Service Term. In such event, (i) MY SERVER CONNECTIONS will enable Customer’s access to the MY SERVER CONNECTIONS Services for a maximum of fifteen (15) calendar days following the end of the Service Term (at no additional cost to Customer) for the sole purpose of enabling Customer’s retrieval of its Content Data, and (ii) Customer’s use of the MY SERVER CONNECTIONS Services during such complimentary period is subject to the terms and conditions of this Agreement. MY SERVER CONNECTIONS is not responsible for the availability or accessibility of Content Data following the later of (A) the expiration of the complimentary period should Customer make such request or (B) the end of the Service Term. SUSPENSION GENERALLY. MY SERVER CONNECTIONS may suspend Your use of the MY SERVER CONNECTIONS Services if MY SERVER CONNECTIONS reasonably determines: (i) Customer, or Customer's use of the MY SERVER CONNECTIONS Services, is in breach of this Agreement; (ii) Customer fails to address MY SERVER CONNECTIONS's request to take action as specified in Section 7(b); (iii) Customer's use of the MY SERVER CONNECTIONS Services poses a security risk to the MY SERVER CONNECTIONS Services or other users of the MY SERVER CONNECTIONS Services; (iv) suspension is warranted pursuant to MY SERVER CONNECTIONS’s receipt of a subpoena, court order, or a request by a law enforcement agency; or (v) as otherwise expressly set forth in this Agreement. MY SERVER CONNECTIONS will give You notice before MY SERVER CONNECTIONS suspends You, subject to Applicable Law, and unless MY SERVER CONNECTIONS reasonably determines that providing the notice presents risk of harm to the MY SERVER CONNECTIONS Services or any person or property. MY SERVER CONNECTIONS is entitled to obtain injunctive relief if Customer's use of the MY SERVER CONNECTIONS Services is in violation of any restrictions set forth in this Agreement. EFFECT OF SUSPENSION. You will remain responsible for all Fees incurred before or during any suspension. You will not be entitled to any service credits under any applicable Service Level Agreement that You might have otherwise accrued during the period of suspension. ALLOCATION OF RISK Customer acknowledges and agrees that MY SERVER CONNECTIONS has set its prices and entered into this Agreement and permitted Customer's access to the MY SERVER CONNECTIONS Services in reliance upon the disclaimers of warranty and the limitations of liability in this Agreement, that the same reflect an allocation of risk between MY SERVER CONNECTIONS and Customer (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between MY SERVER CONNECTIONS and Customer. If Customer is subject to Applicable Laws that prohibit Customer from indemnifying MY SERVER CONNECTIONS as set forth herein or prohibit Customer from entering into the risk allocation arrangement set forth herein, then the terms of such provisions of this Agreement will apply to Customer only to the fullest extent permitted by Applicable Law, it being understood that Customer and MY SERVER CONNECTIONS each wish to enforce the provisions of this Agreement to the maximum extent permitted by Applicable Law. DISCLAIMER EXCEPT AS EXPRESSLY PROVIDED HEREIN AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, MY SERVER CONNECTIONS SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY, TERMS OR CONDITIONS WHATSOEVER. ALL OTHER WARRANTIES, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED BY MY SERVER CONNECTIONS AND ITS LICENSORS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. NEITHER MY SERVER CONNECTIONS NOR ITS LICENSORS WARRANT THAT THE MY SERVER CONNECTIONS SERVICES WILL MEET CUSTOMER’S REQUIREMENTS, THAT THE MY SERVER CONNECTIONS SERVICES WILL BE COMPATIBLE WITH CUSTOMER’S DEVICES, OR THAT THE MY SERVER CONNECTIONS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND SAVE TO THE EXTENT SUCH ALLOCATION OF RISK IS NOT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF MY SERVER CONNECTIONS SERVICES IS WITH CUSTOMER. IN NO EVENT WILL MY SERVER CONNECTIONS OR ITS LICENSORS BE LIABLE FOR ANY LOSS, LIABILITY, DAMAGES OR CLAIMS RELATED TO ANY REGULATORY OBLIGATIONS CUSTOMER MAY HAVE RELATED TO ITS CONTENT DATA. LIMITATION OF MY SERVER CONNECTIONS LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MY SERVER CONNECTIONS BE LIABLE TO CUSTOMER FOR ANY LOST PROFITS, LOST SAVINGS, LOST OR CORRUPTED CONTENT DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF CONTENT DATA, LOST REVENUE, BUSINESS INTERRUPTION, OR LOSS OF CAPITAL (IN EACH CASE, WHETHER DIRECT OR INDIRECT) OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY MY SERVER CONNECTIONS SERVICES FURNISHED OR TO BE FURNISHED UNDER THIS AGREEMENT OR THE USE THEREOF, EVEN IF MY SERVER CONNECTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. EXCEPT FOR LIABILITY ARISING OUT OF MY SERVER CONNECTIONS'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 14, THE AGGREGATE LIABILITY OF MY SERVER CONNECTIONS IN CONNECTION WITH ANY AND ALL CLAIMS HOWSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY MY SERVER CONNECTIONS SERVICES FURNISHED OR TO BE FURNISHED UNDER THIS AGREEMENT WILL IN ANY EVENT BE ABSOLUTELY LIMITED TO: (i) THE AMOUNT PAID TO MY SERVER CONNECTIONS FOR THE MY SERVER CONNECTIONS SERVICES UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM FOR DAMAGES; OR (ii) IF GREATER, SUCH AMOUNT AS IS THE MINIMUM AMOUNT FOR WHICH MY SERVER CONNECTIONS WOULD BE LIABLE UNDER APPLICABLE LAW. IF CUSTOMER IS FROM GERMANY, NONE OF THE PROVISIONS OF THIS AGREEMENT SHALL EXCLUDE OR LIMIT ANY LIABILITY FOR DAMAGE FROM INJURY TO LIFE, BODY OR HEALTH OR ANY LIABILITY FOR ANY DAMAGE ARISING FROM GROSSLY NEGLIGENT OR INTENTIONAL BREACH OF DUTY OR OTHER CONDUCT. FURTHER LIMITATIONS. MY SERVER CONNECTIONS's licensors and service providers will have no liability of any kind under this Agreement. Customer may not bring a claim under this Agreement more than eighteen (18) months after the cause of action arises. For German customers only Customer may not bring a claim under this Agreement more than eighteen (18) month after the cause of action arises and the Customer obtains knowledge of the circumstances giving rise to the claim and of the identity of the obligor, or would have obtained such knowledge if he had not shown gross negligence. COPYRIGHT, PATENT, TRADE SECRET, AND TRADEMARK INDEMNITY INDEMNITY FOR MY SERVER CONNECTIONS SERVICES. Subject to the remainder of this Section 14, MY SERVER CONNECTIONS will defend Customer against an Infringement Claim and indemnify Customer from the resulting costs and damages finally awarded against Customer to that third party by a court of competent jurisdiction or agreed to in settlement; provided that Customer: (i) promptly provides MY SERVER CONNECTIONS with notice of any Infringement Claim; (ii) grants MY SERVER CONNECTIONS sole control over the claim's defense and settlement, and any related action challenging the validity of the allegedly infringed patent, trademark or copyright; and (iii) reasonably cooperates in response to MY SERVER CONNECTIONS's requests for assistance. Customer may not settle or compromise any Infringement Claim without MY SERVER CONNECTIONS's prior written consent. Notwithstanding the foregoing, MY SERVER CONNECTIONS will have no obligation under this Section or otherwise with respect to any claim or award based on: (i) a combination of the MY SERVER CONNECTIONS Services with non-MY SERVER CONNECTIONS data, products, business processes or content, including Content Data; (ii) use of the MY SERVER CONNECTIONS Services for a purpose or in a manner not specified in this Agreement or the Service Specific Terms, or otherwise in a manner for which the MY SERVER CONNECTIONS Services were not designed; (iii) any modification of the MY SERVER CONNECTIONS Services made without MY SERVER CONNECTIONS's express written approval; or (iv) any Evaluation Service. This Section 14(a) states Your exclusive remedy for any Infringement Claims save that where the Customer is a consumer based in the EU, nothing in this Section 14(a) will limit or exclude the Customer's statutory rights except as permitted by Applicable Law. INDEMNITY FOR THIRD PARTY PRODUCTS. To the extent required or allowed, MY SERVER CONNECTIONS will pass through to Customer any indemnities related to Third Party Products, if any. Notwithstanding the foregoing, Customer acknowledges that MY SERVER CONNECTIONS is not responsible for the fulfillment of any Third Party Product indemnities or for problems attributable to use of Third Party Products. REMEDIES. If any component of the MY SERVER CONNECTIONS Services becomes, or in MY SERVER CONNECTIONS's opinion is likely to become, the subject of an Infringement Claim, MY SERVER CONNECTIONS will at MY SERVER CONNECTIONS's option and expense: (i) procure the rights necessary for Customer to keep using such component; (ii) modify or replace such component to make it non-infringing; or (iii) terminate this Agreement and refund any pre-paid fees for any