The Best in Dedicated Servers.

KVC, agrees to furnish services to the "Subscriber," subject to the following TOS (Terms of Service).

Use of KVC Services constitutes acceptance and agreement to both KVC's TOS (Terms of Service) and KVC's AUP (Acceptable Use Policy). The TOS and AUP may be changed from time to time at the discretion of the Company. Subscriber understands that changes to the TOS and / or the AUP by KVC shall not be grounds for early contract termination or non-payment by the Subscriber.

6. Service Levels:

A. KVC may interrupt service to perform maintenance. KVC will use its best efforts to inform Subscriber before interrupting service to insure that access loss is minimized. In the event of equipment malfunction or failure, KVC will provide its best efforts to repair the system as quickly as possible.

B. Subscriber is responsible for maintaining security patches and performing back-ups unless those services are specifically contracted to KVC. In the event that KVC suspects that server security has been breached, KVC reserves the right to disable the server in order to facilitate investigation and recovery in coordination with Subscriber.

C. Subscriber agrees that KVC shall not be responsible for any service interruptions.

7. Requirements for using Microsoft software:

A. Subscribers with more than five authenticated users of the Microsoft Windows Server Operating Systems are required to lease an authenticated license from KVC.

B. Subscriber may not change the KVC administration account password without first providing the new password to KVC. Subscriber agrees to facilitate KVC's need to demonstrate to Microsoft appropriate licensing and utilization of Microsoft software.

C. Subscriber cannot remove, or obscure any copyright, trademark or proprietary rights notices that appear on the Microsoft software products or that appear during use of Microsoft software products.

D. Subscriber cannot reverse engineer, decompile or disassemble the Microsoft Software Products.

E. Microsoft does not provide a warranty to the product or have any liability for damages that arise from the use of Microsoft software products provided by KVC.

F. Microsoft does not provide product support.

8. Limitation of Liability, Indemnification:

A. Upon the discovery of facts which reasonably indicate that KVC has breached the terms of this agreement or otherwise failed to perform its obligations under this Agreement, been negligent, or otherwise breached legal duty, Subscriber shall promptly notify KVC of such facts and follow up any such verbal notification with a written notice within 30 days of such discovery. The failure to give the foregoing notices shall constitute an irrevocable waiver of all claims and causes of action. Subscriber must commence any legal action against KVC with respect to this Agreement within 12 months after the incident giving rise to the claim or cause of action, regardless of when the incident is discovered. If proper notification is given to KVC as requested by Subscriber anytime during the twelve (12) month period following such notification, KVC shall at its sole discretion and option (i) revise or repeat free of charge the service affected by the failure of performance, negligence or breach, or, (ii) terminate this Agreement and pay Subscriber for all incidents, problems, and/or failures up to a maximum of all sums paid to KVC for service fees. Payment will be made via company check from KVC. The remedies set forth in this paragraph are Subscriber's sole and exclusive remedies should KVC breach the above express warranty or otherwise fail to perform its obligation under this Agreement, be negligent or in breach of legal duty.

B. The parties acknowledge and agree that KVC shall not be held liable for any consequential damages, including without limitation loss of use or loss of profits, incurred by Subscriber, Subscriber's Subscriber or customer or its subsidiaries or successors, regardless of whether such damages are sustained based upon as alleged breach of contract, negligent act, or omission.

C. KVC is not responsible for data or content maintained and distributed by KVC facilities. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. KVC DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. KVC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

10. Miscellaneous:

A. The parties agree that any and all disputes, claims or controversies arising out of or relating to this agreement that are not resolved by their mutual agreement shall be submitted to final and binding arbitration before the Delhi Jurisdiction, or its successor, pursuant to the Indian Arbitration Act. Either party may commence the arbitration process called for in this agreement by filing a written demand for arbitration with Delhi Jurisdiction, with a copy to the other party. The arbitration will be conducted in accordance with the provisions of Delhi Jurisdiction Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties will cooperate with Delhi Jurisdiction and with one another in selecting an arbitrator from Delhi Jurisdiction panel of neutrals, and in scheduling the arbitration proceedings. The parties covenant that they will participate in the arbitration in good faith, and that they will share equally in its costs. The provisions of this Paragraph may be enforced by any Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys fees, to be paid by the party against whom enforcement is ordered.

B. No delay, failure or discontinuance (whether partial or total) of any party in exercising any right, power, privilege or remedy thereunder shall effect or operate as a waiver or any other such right, power, privilege or remedy.

C. The agreement contains the sole and entire agreement of the parties with respect to the services to be provided by KVC, and any and all prior or contemporaneous communications, negotiations, commitments, and understandings related thereto are hereby merged herein.

D. This Agreement shall be construed and enforced in accordance with the laws of the India, as applied to Indian residents with respect to transactions entered into and to be performed entirely within India.

E. All written communications shall be directed to the Subscriber using the contact information provided to KVC at the time of order unless otherwise instructed in writing by Subscriber. All fees due KVC should be mailed to KVC. Subscriber has reviewed the current Acceptable Use Policy and this Terms of Service and Subscriber and KVC hereby agree by making use of the KVC service.

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