Master Services Agreement


This Master Services Agreement (the "MSA") is entered into by and between, L.L.C. ("Nexcess" or "Company"), a Michigan limited liability company, and you (the "Customer") for certain web hosting services provided by Nexcess as ordered or accepted pursuant to the Terms of Service (the "Services"). The Customer's use of and access to Services is governed by the MSA which includes Terms of Service ("TOS"), Acceptable Use Policy ("AUP"), Service Level Agreement ("SLA"), Privacy Policy ("PP"), IP Address Allocation Policy ("IPAAP"), and Digital Millennium Copyright Act Policy ("DMCA"). BY USING THE SERVICES, THE CUSTOMER AGREES THAT (1) CUSTOMER HAS ACCEPTED THE MSA IN ITS ENTIRETY, (2) AGREES TO BE BOUND BY THE MSA (AS AMENDED FROM TIME TO TIME AS PROVIDED IN SECTION 9 OF THE TERMS OF SERVICE, (3) IF THE CUSTOMER IS AN INDIVIDUAL, THEN THE INDIVIDUAL REPRESENTS AND WARRANTS THAT HE OR SHE HAS THE LEGAL RIGHT TO ENTER INTO THE MSA AND IF THE CUSTOMER IS AN ENTITY THEN THE INDIVIDUAL WHO AGREES TO THE MSA REPRESENTS AND WARRANTS THAT HE OR SHE HAS THE AUTHORITY TO BIND SUCH ENTITY AND (4) THIS MSA CONSTITUTES A BINDING AND ENFORCEABLE CONTRACTUAL AGREEMENT BETWEEN NEXCESS AND CUSTOMER. IF THE CUSTOMER DOES NOT AGREE WITH ALL THE TERMS OF THIS MSA AND DOES NOT AGREE TO BE BOUND BY THIS MSA, PLEASE DO NOT INSTALL OR USE THE SERVICES.

Nexcess reserves the right to supplement and/or amend any portion of the MSA or incorporated agreements with or without notice. It is the Customer's responsibility to review the Nexcess policies frequently to ensure compliance, as the current MSA applies, not the MSA in place at the time you registered for service.

Reporting Violations of the AUP.

Nexcess accepts reports of alleged violations of this AUP via email sent to Reports of alleged violations must be verified and include the name and contact information of the complaining party, information reasonably sufficient for Nexcess to locate the server in question, and a description of the alleged violation. Unless otherwise required by law, including, without limitation, the DMCA, Nexcess owes no duty to third parties to report alleged violations due to lack of privity in contract law. Nexcess will review all verified third party reports and will take appropriate actions as described within the Methods of Resolution as set forth below or otherwise within its sole discretion.