BY USING OUR SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS This Terms of Service Agreement ("Agreement") establishes your obligations to KillerGameServers.net (“KILLERGAMESERVERS.NET”) for the variety of services, products and facilities that we provide to you, the customer of KILLERGAMESERVERS.NET. This Agreement also sets forth KillerGameServers.net commitments to you.

FEES, PAYMENT AND TERM As consideration for the Services, you agree to pay us the applicable service fees for all Services that you have selected or use. As further consideration for the Services, you agree to: provide current, complete and accurate information about you as required by the registration process, including current credit card information, credit card authorization and contact information (collectively "Customer Account Information")., and maintain and update this Customer Account Information as needed to keep it current, complete and accurate throughout the “Term”. The “Term” of this Agreement is from your first selection or use of our Services, whichever is earlier, through the last to occur of (i) your use of any Services, (ii) the of the period of Services that you have selected (e.g. monthly or annual service). KILLERGAMESERVERS.NET reserves the right to terminate this Agreement, your account and access to our Services for any reason or for no reason, with or without notice. Absent our termination of this Agreement or an express written instruction from you to close your account and terminate the Services that you have selected, you understand and agree that Fees will continue to be incurred by you and you hereby agree to pay all such Fees when due. You acknowledge that the nature of the Services furnished and the initial rates and charges applicable to such Services have been communicated to you. You are aware that the KILLERGAMESERVERS.NET may change or add Fees at any time. By accepting the terms of this Agreement and each time that you access or use our Services, you acknowledge that you have read and agree to pay the Fees in effect at the time of such use. It is your responsibility to access the Fee Schedule regularly to ensure that you remain aware of the Fees that govern your use of the Services and of any changes to the Fees.

BILLING During the Term, the first date on which you purchase any of our Services is your Billing Anniversary Date. If you have purchased a package that is billed monthly, your credit card will be charged every month and your Billing Anniversary Date will occur every month. If you have purchased a package that is billed yearly, your credit card will be charged every year and your Billing Anniversary Date will occur every year. Changes to the Fee Schedule will be effective immediately, except that changes in Fees for Services you have prepaid will be effective on the next Billing Anniversary Date. Additional fees and charges incurred by you under this Agreement will generally be charged in the period following the event resulting in the charge.

BILLING AND CHARGEBACKS Our Fees are payable and due immediately on your Billing Anniversary Date. KILLERGAMESERVERS.NET reserves the right to terminate your access to Services immediately and without notice to you in the event of any non-payment of our Fees. There is a grace period of 5(five) days. All “bounced” or NSF checks, “chargebacks” or reversals of credit card charges and other canceled or refused payments of our Fees (collectively “Nonpay”) may result in the immediate termination of Services and the closure of your account. We may also report any Nonpay to the credit monitoring agencies. In the event that your Services are terminated due to nonpayment or a Nonpay, you must pay us all monies due to bring your account current, plus if you desire renewed access to our Services, you will be charged a $20.00 reactivation fee to restart your account, as well as the costs of any bank and other charges that we incur or that we have incurred as a result of a Nonpay. You agree and warrant to us that the Customer Account Information that you provide to us to register for our Services, including contact and credit card information, is accurate and complete. You agree to contact us at billing@killergameservers.net and update such information as and when such changes occur in order that we have current and complete information for your account at all times. KILLERGAMESERVERS.NET is not responsible for attracting players to your assigned game server or visitors to your website. It is the responsibility of the person renting the game server or website hosting service to administer and operate their sites and assigned server. Billings for game server rentals and websites that are unpaid for 5 calendar days may, without further advance notification, result in the reassignment of the server IP addresses that you have been using.

UNLAWFUL USE Your use of KILLERGAMESERVERS.NET Services is subject to all applicable local, state, national and international laws and regulations. You agree that KILLERGAMESERVERS.NET servers will be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This prohibition includes, but is not limited to unlawful use or distribution of copyrighted material, trademarks, trade secrets and other intellectual property rights used without permission or proper authorization, material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. You agree to indemnify and hold KILLERGAMESERVERS.NET harmless from and against all claims, demands, causes of action, losses, damages and injuries of all types that result from your unlawful or alleged unlawful use of KILLERGAMESERVERS.NET, its assets or servers.

SECURITY Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of prohibited activity include any unlawful act, including but not limited to: unauthorized access or use, probing or scanning of systems security or authentication measures, data, or traffic; intentional interference with service to any user, host, or network including, without limitation, spamming, “flooding”; deliberate attempts to overload a system; broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or newsgroup posting

CUSTOMER CONDUCT All attempts to undermine or cause harm to a KILLERGAMESERVERS.NET servers, assets or means of data transmission, tracking or authentication protocols are prohibited. You are solely responsible for the content of your transmissions through KILLERGAMESERVERS.NET. You agree: (i) not to engage in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities, (ii) not to engage in activity that violates privacy, publicity, or the rights of others, (iii) not to export technical data from the United States through KILLERGAMESERVERS.NET in violation of export control laws, (iv) not to use KILLERGAMESERVERS.NET for illegal purposes, (v) not to interfere or disrupt networks connected to KILLERGAMESERVERS.NET, (vi) not to transmit through KILLERGAMESERVERS.NET any unlawful, harassing, libelous, abusive, threatening, harmful, or otherwise legally objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. You agree not to intentionally interfere with another customer's use and enjoyment of KillerGameServers.net Services. You agree that KILLERGAMESERVERS.NET may, at its sole discretion, immediately and without further advance notice terminate your Service if, in our sole discretion, your conduct fails to conform to this or any other provision in this Agreement regarding customer conduct (see also KillerGameServers.net Content Policy. ACTIONS BY KILLERGAMESERVERS.NET You agree that KILLERGAMESERVERS.NET may, without further advance notice, remove or block access to customer content or elect to terminate your account upon receipt of a notice of infringement of intellectual property laws. If KILLERGAMESERVERS.NET becomes aware of a violation or alleged violation of this Agreement, KILLERGAMESERVERS.NET may react immediately or may initiate an investigation. During the investigation, KILLERGAMESERVERS.NET may restrict your access in order to prevent potentially unlawful or unauthorized activity.

CHANGES TO YOUR ACCOUNT If you desire to change any of your Customer Account Information, you must use your Account Identifier and Password. Please safeguard your Account Identifier and Password from any unauthorized use. In no event will we be liable for the unauthorized use or any misuse of your Account Identifier or Password.

ANNOUNCEMENTS You agree that from time to time we may distribute information to you that we think may be of interest to our customers or that we believe is pertinent to the quality or operation of our Services or our service partners offerings or services. These announcements may include notices describing changes, upgrades, new products and services offered by KILLERGAMESERVERS.NET and/or third parties.

BACKUPS YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKUPS OF ALL FILES AND DATA THAT YOU CONSIDER VALUABLE OR IMPORTANT! While KILLERGAMESERVERS.NET will strive to keep its services running reliably, KILLERGAMESERVERS.NET is not under any circumstance responsible for any loss of files or data (whether permanent or temporary). It is your responsibility to ensure for yourself that you have backed up all files and data - and that your backup files and backup protocols work. You are also responsible for having adequate business insurance to cover you in the event of any loss, and we strongly recommend you contact an insurance agent or broker to obtain or review the adequacy of such insurance for your needs. KILLERGAMESERVERS.NET is not responsible for and will not reimburse or pay you for any loss or damage that you might experience due to the absence or failure of any backups or backup systems, hacker attacks, denial of service attacks or other malign activates. If your business relies on your website for commercial purposes, it is your responsibility and particularly important to ensure that you have proper protective measures and backup systems in place. It is your sole responsibility to backup and maintain a local, usable copy of your website and all other data that you consider important.

LIMITATION OF LIABILITY YOU AGREE THAT OUR ENTIRE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO ANY SERVICES PROVIDED OR TO BE PROVIDED UNDER THIS AGREEMENT, AS WELL AS FOR ANY BREACH OF THIS AGREEMENT IS LIMITED TO THE AMOUNT YOU PAID US FOR SUCH SERVICES. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY OF THE SERVICES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES. IF THE APPLICABLE JURISDICTION OF ANY DISPUTE IS THE ONE FROM WHICH YOU ACCESSED OUR SERVICES AND IT DOES NOT ALLOW SUCH A LIMITATION OF LIABILITY (AND THE CHOICE OF LAW PROVISION IN SECTION __ BELOW IS NOT ENFORCED FOR ANY REASON), THEN YOU AGREE THAT OUR LIABILITY IS LIMITED TO $1,000 OR TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH JURISDICTION. YOU AGREE THAT OUR COMMITMENT TO YOU WITH RESPECT TO THE DELIVERY OF SERVICES IS THAT WE WILL USE OUR BEST EFFORTS TO SUPPLY YOU WITH SERVICES OF A GOOD QUALITY, BUT YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT PROMISE OR COMMIT TO DELIVER SERVICES THAT ARE FLAWLESS. CONSEQUENTLY, WE DISCLAIM AND YOU ACKNOWLEDGE THAT WE DISCLAIM ANY LIABILITY FOR DAMAGE OR LOSSES RESULTING FROM: (I) ACCESS DELAYS OR ACCESS INTERRUPTIONS; (II) DATA LOSS, NON- DELIVERY OR DATA MIS-DELIVERY; (III) ACTS OF GOD OR NATURE; (IV) USE OR MISUSE OF YOUR ACCOUNT OR YOUR ACCOUNT IDENTIFIER OR PASSWORD; (V) ERRORS AND OMISSIONS THAT ARE NOT EXCLUSIVELY CAUSED BY INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF KILLERGAMESERVERS.NET; (VI) DAMAGE TO OR INTERRUPTION OF YOUR WEBSITE; (VII) INJURY TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE. FURTHER, YOU AGREE THAT KILLERGAMESERVERS.NET SHALL NOT UNDER ANY CIRCUMSTANCE BE LIABLE FOR ANY LOSS OR DAMAGE AS A RESULT OF OR RESULTING FROM INTERRUPTION OF YOUR BUSINESS, BUSINESS RELATIONS OR TO THE BUSINESS OF ANY PERSON OR ENTITY WITH WHICH YOU DO BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ALERTED TO OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT OTHER THAN INTENTIONAL MISCONDUCT BY US SHALL OUR MAXIMUM LIABILITY TO YOU EXCEED ONE THOUSAND ($1000.00) DOLLARS.

INDEMNITY YOU AGREE TO INDEMNIFY, AND HOLD US, OUR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, ATTORNEYS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES, FOR YOUR USE OR MISUSE OF OUR SERVICES AND ASSETS, AND FOR ANY BREACH BY YOU OF ANY PROVISION OF THIS AGREEMENT.

DISCLAIMER OF WARRANTIES YOU AGREE THAT OUR SERVICES AND ACCESS TO OUR SERVICES IS PROVIDED ON AN "AS IS, WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. YOU ALSO AGREE THAT OUR SERVICES AND ACCESS TO OUR SERVICES ARE SUBJECT TO, AMONG OTHER DEFECTS AND DEFICIENCIES, DISRUPTION, INTERRUPTION, DEGRADATION, TIME LAGS AND IMPERFECT DATA TRANSMISSIONS. YOU ACKNOWLEDGE AND AGREE THAT OUR SERVICES ARE PROVIDED TO YOU WITH THE EXPLICIT UNDERSTANDING OF THE LIKELIHOOD OF THESE DEFECTS AND DEFICIENCIES AFFECTING YOUR SERVICES. THEREFORE, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY AND SPECIFICALLY DISCLAIM THAT THE SERVICES WILL MEET YOUR GENERAL OR SPECIFIC REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. WE MAKE NO WARRANTY AND SPECIFICALLY DISCLAIM ANY GENERAL OR SPECIFIC RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH SUCH SERVICES, AND THAT DEFECTS OR DEFICIENCIES IN THE SERVICES WILL BE CORRECTED TIMELY OR AT ALL. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL TRANSMITTED AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR SOLE DISCRETION AND RISK AND THAT YOU ARE EXCLUSIVELY RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY TO YOUR COMPUTER HARDWARE, SOFTWARE OR ANY OTHER ASPECT OR COMPONENT OF YOUR COMPUTER SYSTEM, WEBSITE OR DATA STORAGE OR RETRIEVAL METHODS AND DEVICES. LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. ANY SUGGESTION, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US IS GENERAL INFORMATION ONLY AND IS NOT ACCOMPANIED BY ANY WARRANTY OF ANY TYPE WHATSOEVER. IF THE APPLICABLE JURISDICTION IS THE ONE FROM WHICH YOU ACCESSED OUR SERVICES AND IT DOES NOT ALLOW SUCH A BROAD DISCLAIMER OF WARRANTIES (AND THE CHOICE OF LAW PROVISION IN SECTION __ BELOW IS NOT ENFORCED FOR ANY REASON), THEN YOU AGREE THAT OUR DISCLAIMER OF WARRANTIES IS ENFORCEABLE AGAINST YOU TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION. You further understand and agree that by registering or reserving your chosen domain name with us, that you do not obtain any additional rights or immunities from objection to the registration, reservation, or use of such domain name.

RIGHT OF REFUSAL KILLERGAMESERVERS.NET reserves the right to refuse Services to anyone for any reason or no reason at any time. Therefore, we reserve the right to refuse to host your server, register you for other Services or allow you access to our Services You agree that you do not have any expectation of continuous or uninterrupted Services or access to such Services and that we shall not be liable to you for any loss, injury or damage that may result from our refusal to host your website or use or access our Services.

SEVERABILITY You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed, consistent with applicable law, to preserve as much of the terms and provision and its meaning as to reflect the expressed intentions of the parties, and all remaining terms and provisions will remain in full force and effect.

NO JOINT VENTURE Nothing contained in this Agreement or in our provision of Services to you shall be construed or argued as creating any agency, partnership, joint venture or other form of joint enterprise between the parties.

NON-WAIVER Our failure(s) to require performance by you of any provision of this Agreement shall not diminish or affect our right to require performance by you in accordance with this Agreement at any time thereafter. Neither shall our express or implicit waiver of a violation or breach of any term or provision of this Agreement be construed or argued to be a waiver of our right to enforce any term or provision of this Agreement.

NOTICES Notices shall be effective only if given in writing. Notices may be given by personal service (effective upon service), first-class mail postage prepaid to the billing address associated in our records with your account (effective on the third business day after mailing), overnight mail by a nationally recognized overnight delivery service (effective the first business day after deposit with the service), or by email (effective the first business day after the email is sent). E-mail notices will be sent to you at the email address you provided in your registration application or as updated from time to time in our billing system. Email notices sent to us must be sent to support@KillerGameServers.net to be effective as notice to us.

WASHINGTON STATE LAW AND VENUE This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington, without application of conflicts of laws principles. You agree that any action between us must be brought in state or federal court in Seattle, Washington and you agree to submit to the jurisdiction of such courts in the event of any such legal action.

HEADINGS Section headings are for ease of reference only and are not to be used to explain or construe any term or provision of this Agreement.

PRAGMATIC: INTELLECTUAL PROPERTY NOTICE "AAHONOR" and "Pragmatic Honor Provider" and their corresponding logos are copyrighted and/or trademarked by Pragmatic Solutions, Inc. "America's Army", "Honor", and "America's Army Honor" and their corresponding logos are copyrighted and/or trademarked by the Department of the Army. Logos and/or marks may not be used without expressed written permission from Pragmatic Solutions, Inc. or the Department of the Army respectively. BACKGROUND PROGRAMS BACKGROUND PROGRAMS KILLERGAMESERVERS.NET may, in its sole discretion, allow programs that do not degrade our Services to run continually in the background. However, these programs must be approved by us on an individual basis and an extra charge may be incurred based on system resources used and operational demands. If you desire to run any background programs you must contact us at support@killergameservers.net before doing so. KILLERGAMESERVERS.NET does not permit Internet Relay Chat (IRC) or IRC “bots” of any kind, no matter how small to be operated on our servers.