IMPORTANT NOTICE:

All Payments to ComputeForge are non-refundable, except for unused account credit from advanced payments.

If you receive a refund of unused account credit ComputeForge may subtract any credit card processing or transaction fees from the refund. Account credit from advanced payments are non-refundable when they are done in exchange for consideration(i.e. make an advanced payment in exchange for migration assistance) or are subscriber and ComputeForge agree that the payment will be non-refundable.
Compute forge may deduct upcoming invoices from refunds.

1. Illegal Activities

Using ComputeForge’s services for illegal purposes or in support of illegal activities, including, but not limited to, transmitting (by e-mail, uploading, posting or otherwise) or distributing, downloading, copying, caching, hosting or storing data, information or content which, in ComputeForge’s sole determination, constitutes a violation of any relevant law, regulation, ordinance or court order. Subscriber shall be responsible for determining what laws, regulations, ordinances and court orders are applicable to its use of ComputeForge’s services;

2. Provision of Service

Acceptance of this TOS Agreement and Acceptance of ComputeForge’s Acceptable Use Policy: ComputeForge’s provision of service to Subscriber, and Subscriber’s acceptance and use of service, constitute Subscriber’s acceptance of, and agreement to, this TOS Agreement as well as Subscriber’s acceptance of, and agreement to, ComputeForge’s Acceptable Use Policy (“ComputeForge’s AUP”) — which is made a part of this Agreement. This Agreement, including ComputeForge’s AUP, constitutes the entire agreement between the parties, and supersedes any prior agreements between the parties.

*Verification; All order are subject to additional verification but not limited to; Telephone voice conformation, additional business e-mail addresses, website, and additional payment methods such as bank or paypal account. ComputeForge reserves the Right to decline any order what so ever.

3. Cancellation of Service

ComputeForge reserves the right to cancel this TOS Agreement and to permanently disconnect the service that ComputeForge provides to Subscriber hereunder at anytime without further obligation. Subscriber may cancel their service at any time before the next billing date at any time through their control panel. ComputeForge will not honor notice of cancellation by any other means of communication.

4. Disconnection of Service

Not by way of limitation of ComputeForge’s right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that ComputeForge provides to Subscriber, ComputeForge also reserves the right to temporarily disconnect (suspend) the service that ComputeForge provides to Subscriber (or any one of them, if Subscriber has more than one account or server):

For Subscriber’s failure to timely pay any fee or amount due to ComputeForge, in which case ComputeForge will first send Subscriber an e-mail indicating that Subscriber’s account is overdue and advising Subscriber that the service that ComputeForge provides to Subscriber may be terminated if payment is not made within 24 hours; and/or

appropriately cure said violation. If, in ComputeForge’s sole discretion, a potential violation is detected, the service (including all services on all server computers of Subscriber, if Subscriber uses more than one) that ComputeForge provides to Subscriber may be terminated, without notice to Subscriber, until ComputeForge’s investigation is complete, which investigation ComputeForge shall attempt to complete within a reasonable time period.

Subscriber will not be credited, under any circumstances, for any time that the service that ComputeForge provides to Subscriber is suspended, interrupted or terminated.

5. ComputeForge Not Obligated to Review Activities Or Notify Of Violations

ComputeForge is under no obligation to review Subscriber’s and/or any of Subscriber’s Sub-User’s (the term “Subscriber’s Sub-User” is defined below) activities to determine if a violation of this TOS Agreement (which includes ComputeForge’s AUP) has occurred. Further, ComputeForge does not assume any responsibility by virtue of this TOS Agreement (which includes ComputeForge’s AUP) to monitor, enforce or police Internet-related activities or to notify Subscriber of any actual or suspected violations.

6. Changes/Amendments

ComputeForge reserves the right to amend, and may amend, at any time, within its sole discretion, the terms and conditions of this agreement (including ComputeForge’s AUP). ComputeForge will provide notice of such amendment(s) by posting such amendment(s) on ComputeForge’s website. Subscriber’s use of ComputeForge’s services after ComputeForge posts such amendment(s) on its website shall constitute Subscriber’s acceptance of any/all such amendments. Amendment(s) shall not constitute grounds for Subscriber’s early cancellation of this TOS Agreement or the service, nor grounds for Subscriber’s non-payment for the service that ComputeForge provides to Subscriber after the effective date of such amendment(s), and Subscriber shall continue to be bound by the terms and conditions of this TOS Agreement, as amended, for any service provided by ComputeForge to Subscriber thereafter. It is Subscriber’s responsibility to review, from time to time, this Agreement, which is posted on ComputeForge’s website on the Terms of Service page as well as ComputeForge’s Acceptable Use Policy as published on ComputeForge’s website, for any amendment(s).

Any other changes to this agreement may only be done in writing and must be signed by both parties. Changes through e-mail conversations, oral agreements, phone conversations, support tickets or any other form of communication that is not a written and signed by an authorized

7. Assignment

Subscriber may not transfer or assign this TOS Agreement without the prior written consent of ComputeForge. ComputeForge may transfer and assign this TOS Agreement, the Service and all of ComputeForge’s rights, titles and interests thereunder at any time without consent from or notice to Subscriber.

8. Waiver

Waiver by ComputeForge of Subscriber’s breach of any term or condition of this TOS Agreement (including ComputeForge’s AUP) shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other term or condition of this TOS Agreement (including ComputeForge’s AUP).

9. Compliance with Law

Subscriber shall comply with all U.S. local, state, federal and national laws, statutes, ordinances and regulations that apply to Subscriber’s use of the service that ComputeForge provides to Subscriber, as well as with all laws in all other jurisdictions that apply to Subscriber’s use of the service that ComputeForge provides to Subscriber.

10. Choice of Law / Jurisdiction / Venue / Statute of Limitations

This TOS Agreement shall be construed in all respects in accordance with the laws of the state of California applicable to contracts enforceable in that state. By entering into this TOS Agreement and accepting and using ComputeForge’s services hereunder, Subscriber submits to jurisdiction and venue in the courts of San Diego County California, for any dispute(s) related to or rising out of this TOS Agreement. Notwithstanding any contrary provision of law, any claim or cause of action arising out of this TOS Agreement and/or related to the service that ComputeForge provides, or is to provide, to Subscriber must be filed within one (1) year after such claim or cause of action arose or be forever barred.

11. Responsibilities

Subscriber Shall Indemnify and Defend ComputeForge: Subscriber shall fully defend, indemnify, pay and save harmless ComputeForge and its managers, members, employees, affiliates, attorneys, agents, contractors and licensors (such ComputeForge related parties collectively referred to under this Section 10.A. as “ComputeForge-related party”) for any Subscriber violation(s) of this TOS Agreement (which includes ComputeForge’s AUP) and for any violation(s) by a sub-subscriber of, client of, customer of, reseller of, user of, sub-user of, or similar party related to, Subscriber (collectively referred to as a “Subscriber’s Sub-User”), that results in any loss, damage, cost or expense to ComputeForge or an ComputeForge-related party, or in any claim made or threatened against ComputeForge or an ComputeForge-related party by any third-party. If ComputeForge or an ComputeForge-related party is sued (or if a suit is threatened against ComputeForge or an ComputeForge-related party) because of Subscriber’s or a Subscriber’s Sub-User’s act or omission, Subscriber shall pay any and all damages awarded against ComputeForge and any ComputeForge-related party immediately upon such award (whether or not any appeal is available/taken), plus any and all of ComputeForge’s and any ComputeForge-related party’s expenses and costs (including ComputeForge’s and any ComputeForge-related party’s reasonable attorneys’ fees) related thereto;

ComputeForge Not Liable : The service that ComputeForge provides to, or is to provide to, Subscriber is provided on an “as is” and “as available” basis, and Subscriber’s use of said service is at Subscriber’s sole risk. In no case shall ComputeForge or any of its managers, members, employees, affiliates, attorneys, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages, losses, costs or expenses, including, but not limited to, loss of profits, loss of data, loss or damage to goodwill, or loss of use of data or other intangible losses, or for any claim(s) related thereto, even if said party has been advised of the possibility of such damages, losses, costs, expenses or claims, arising from or related to:

Subscriber’s or Subscriber’s Sub-Users’ use or inability to use the service (whether from Service Faults or otherwise) that ComputeForge provides to, or is to provide to, Subscriber; Any destruction, damage, taking, unavailability or other loss of Subscriber’s or any Subscriber’s Sub-User’s system, server or data; The cost to procure any substitute service; Any unauthorized access or use of Subscriber’s account; or Any third party conduct or other matter relating to the service;

Content Responsibility : ComputeForge takes no responsibility or accountability for, and Subscriber is entirely responsible and accountable for, any and all Subscriber and third-party data, information and content transmitted by (via e-mail, uploading, posting or otherwise), stored on, inputted to/through, linked to/through and/or served by, Subscriber’s server computer (or any server computer internally assigned to Subscriber) at ComputeForge’s premises and/or using the service that ComputeForge provides to Subscriber;

Subscriber’s Responsibility to Enforce: It is Subscriber’s responsibility to ensure that Subscriber and all of Subscriber’s Sub-Users continuously adhere to the terms and conditions contained in this TOS Agreement (including ComputeForge’s AUP), and Subscriber is, and will be held, responsible for Subscriber’s acts and omissions and for the acts and omissions of Subscriber’s Sub-Users related thereto. It is in Subscriber’s best interest to implement a similar policy of acceptable use and compliance among Subscriber’s Sub-Users;

Subscriber’s Network / Security: Subscriber is solely responsible for ensuring that its network and the network(s) of Subscriber’s Sub-User(s) are configured in a secure manner. Subscriber is solely responsible for any intrusions into, or security breaches of, any of its server computers, networks or systems. Subscriber is solely responsible and accountable for, and ComputeForge shall not be responsible or accountable for, any/all activities that occur on or through Subscriber’s service computers, networks and systems, including any and all acts or omissions by, or attributable to, any third party, using the service that ComputeForge provides to Subscriber;

Subscriber’s Responsibility to Backup System/Data – Deletion of System/Data: ComputeForge is not responsible for, and Subscriber is solely responsible for, backing up Subscriber’s system/data, including any/all system/data of any Subscriber’s Sub-User, related to Subscriber’s server computer (or any server computer internally assigned to Subscriber) at ComputeForge’s premises and/or to the service that ComputeForge provides to Subscriber. Any server computer owned by Subscriber on ComputeForge’s premises or otherwise under ComputeForge’s possession or control will be considered abandoned and forfeited thirty (30) days after cancellation of this TOS Agreement for non-payment, at which time, ComputeForge will delete any and all Subscriber and Subscriber’s Sub-User system/data. For any server computer not owned by Subscriber but that is or may be internally assigned to Subscriber, ComputeForge will delete any and all Subscriber and Subscriber’s Sub-User system/data immediately upon cancellation of this TOS Agreement for non-payment.;

Subscriber’s Responsibility To Insure: ComputeForge is not responsible for, and Subscriber is solely responsible for, fully insuring Subscriber’s and Subscriber’s Sub-Users’ system/data against destruction, damage, taking, unavailability or other loss, and ComputeForge is not responsible for, and Subscriber is solely responsible for, fully insuring any/all server computers, components and equipment owned or controlled by Subscriber against loss and damage during shipment, handling, placement and use, whether said server computer/equipment is in ComputeForge’s possession or control or otherwise;

Taxes: All prices and fees specified in or referred to in this TOS are stated exclusive of any tax, including withholding tax, sales, state. local, city, use, value added, levies, import and custom duties, excise or other similar or equivalent taxes imposed on the supply of services. Any taxes, sales, state, local, city use, levies, excise, withholding taxes or similar charges, direct or indirect, applicable or to become applicable, which are levied as a result of the supply of the services shall be the responsibility of the Customer.

12. Subscriber Contact Information, Updates

Subscriber shall, at https://cloud.computeforge.com, provide ComputeForge with, and shall update ComputeForge immediately upon any change(s) with, accurate, current and complete contact information (including e-mail, fax, telephone and street address contacts) so that ComputeForge may register Subscriber, charge payments to Subscriber and otherwise contact Subscriber as may be required from time to time in the course of this TOS Agreement.

13. Age / Legal Authority

If Subscriber is an individual, Subscriber must be eighteen (18) years of age or older in order to enter into this TOS Agreement to subscribe to the service that ComputeForge provides to Subscriber, and Subscriber assures ComputeForge that Subscriber meets said age requirement. If Subscriber is an entity, Subscriber herewith assures ComputeForge that it has all the legal authority necessary to enter into this TOS Agreement to subscribe to the service ComputeForge provides to Subscriber.

14. Payment Information

Service Rates: The nature of the service that ComputeForge provides to Subscriber, and the rates and fees thereof, have been communicated to Subscriber by ComputeForge. ComputeForge may amend its rates and fees from time to time, at ComputeForge’s discretion, by posting said change(s) on ComputeForge’s website and/or in the client portal, which rate change shall become effective as outlined in said posting;

Payment: ComputeForge may charge Subscriber a one-time, agreed upon set-up fee before ComputeForge establishes any service for Subscriber. Subscriber shall pay, on each monthly anniversary date thereafter, an ongoing service charge in advance for ComputeForge’s continued provision of the service that ComputeForge provides to Subscriber. Subscriber agrees that ComputeForge may automatically charge Subscriber’s credit card each month.

New services will be charged immediately upon their start and be pro-rated for the remaining monthly period.

Invoicing: ComputeForge does not send out invoices automatically. If Subscriber requires an invoice they may log into their account and obtain an invoice.

Refunds and Disputes: All payments, except for unused account credit from advanced payments made to ComputeForge by Subscriber or on Subscriber’s behalf are non-refundable, including the one-time set-up fee, if any, as well as any/all subsequent monthly charges (regardless of usage). Overcharges or billing disputes must be reported to ComputeForge within thirty (30) days of occurrence, otherwise Subscriber shall have waived all claims related thereto. If Subscriber disputes a charge to its credit card issuer, which charge ComputeForge deems, in its sole discretion, to be valid under the terms and conditions of this TOS Agreement, Subscriber shall pay ComputeForge, in addition to said disputed charge, an Administrative Fee of not less than $50.00 and not more than $150.00;

Payment Declination/Rejection Charge: Should Subscriber’s credit card or any payment be declined or rejected for any reason, ComputeForge may charge Subscriber a $15.00 administrative fee per occurrence;

Additional Charges for Failure to Timely Pay: Without limiting ComputeForge’s right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that ComputeForge provides to Subscriber, should ComputeForge suspend the service that ComputeForge provides to Subscriber because of Subscriber’s failure to timely pay any fee or amount due to ComputeForge, Suspension of service does not relieve Subscriber of any responsibilities.

ComputeForge may add a convenience fee of up to 3.5% percent for credit card and other payments on larger transactions as determined by ComputeForge at its sole discretion.

Prepay or Promotional Service: At any time ComputeForge may give 30 day notice of cancellation and refund the prorated portion of the remaining term.

15. Collections:

ComputeForge may peruse collection activities including legal remedies, collection efforts, credit reporting or any other collection activity for any unpaid balance, fees or any other charge that are left unpaid. ComputeForge may add interest, attorney fees, collection costs, and expenses of collection efforts to the amount of due.

16. Service and Support

Support & Support Boundaries: Within ComputeForge’s field of service and ability, ComputeForge offers technical support to Subscriber, All subscriber’s service at ComputeForge are unmanaged, and ComputeForge offers only that the service provided by ComputeForge to Subscriber’s server computer(s) is online and remotely accessible. ComputeForge does not offer technical support for application-specific issues, and ComputeForge shall not provide technical support to Subscriber’s Sub-Users. Subscriber should contact ComputeForge by opening a help ticket with the support desk for technical assistance at https://cloud.computeforge.com and clicking support. It’s the Subscriber’s responsibility to ensure his / her request has been delivered to ComputeForge staff within the support ticket system.

Service Faults / No ComputeForge Liability / No Warranty: ComputeForge does not guarantee that the service that ComputeForge provides, or is to provide, to Subscriber is or will be free from errors, omissions, corruption, attack, viruses, interference, loss, hacking, security intrusion, delays, non-delivery, wrong delivery or any other causes of interruption or damage (collectively “Service Faults”). As a reminder of, and not as a limitation of, ComputeForge’s limitation of liability under Section 10.B. above, in no case shall ComputeForge or any of its managers, members, employees, affiliates, attorneys, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages, losses, costs or expenses, including, but not limited to, loss of profits, loss of data, loss or damage to goodwill, or loss of use of data or other intangible losses, or for any claim(s) related thereto, even if said party has been advised of the possibility of such damages, losses, costs, expenses or claims, arising from or related to any use of ComputeForge’s service including but not limited to the following:

Subscriber’s or Subscriber’s Sub-Users’ use or inability to use the service (whether from Service Faults or otherwise) that ComputeForge provides to, or is to provide to, Subscriber, Any destruction, damage, taking, unavailability or other loss of Subscriber’s or any Subscriber’s Sub-User’s system, server or data, The cost to procure any substitute service, Any unauthorized access or use of Subscriber’s account or Any third-party conduct or other matter relating to the service.

ComputeForge AND ITS MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, ATTORNEYS, AGENTS, CONTRACTORS AND LICENSORS HEREWITH EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO REQUEST OR ADVICE FROM SUBSCRIBER TO ComputeForge, IN ANY FORM OF MEDIA, SHALL CREATE ANY WARRANTY. SUBSCRIBER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER’S NETWORK AND SYSTEM AND FOR ANY LOSSES THAT RESULT FROM SUBSCRIBER’S USE OF, OR INABILITY TO USE, THE SERVICE THAT ComputeForge PROVIDES, OR IS TO PROVIDE, TO SUBSCRIBER;

ComputeForge’s liability shall never be greater than the refund of the service for the period with defects. This shall serve to limit liability and shall not increase liability or create any refund obligation to ComputeForge.

IP Address Allocation / Ownership: If ComputeForge assigns Subscriber an Internet Protocol (“IP”) address and/or number(s) for Subscriber’s use, the right to use that IP address/number shall belong solely to ComputeForge, and Subscriber shall have no right to use that IP address/number except as permitted by ComputeForge in its sole discretion in connection with the services provided by ComputeForge to Subscriber during the term of this TOS Agreement. ComputeForge shall maintain and control ownership of all IP addresses and numbers that may be assigned to Subscriber by ComputeForge, and ComputeForge reserves the right to change or remove any and all such IP addresses/numbers, in its sole and absolute discretion. ComputeForge’s allocation of IP addresses/numbers is limited by the policies, as they exist from time to time, of the American Registry for Internet Numbers (“ARIN”), including policies providing that the use of IP addresses or numbers for IP-based virtual hosts are not acceptable as justification for new IP addresses or numbers. Pursuant to ARIN’s policies, as they exist from time to time, Subscriber must use name-based hosting whenever possible. ComputeForge will periodically review IP address usage, and if ComputeForge finds that Subscriber and/or Subscriber’s Sub-Users are using IP addresses or numbers where name-based hosting could be used, ComputeForge will revoke authorization for the use of those IP addresses/numbers. All IP addresses/numbers that are allocated to Subscriber must be utilized within forty-eight (48) hours of allocation, otherwise ComputeForge may retract said unused IP address or number without prior notification to Subscriber.

Services usage must be reasonable. Customer may not put excessive burdens on our servers or other resources provided by ComputeForge. Customer may be asked to pay additional fee(s) going forward for excessive bandwidth, technical service usages to avoid disruption or termination of services.

17. Unauthorized Use of Account

Subscriber shall not reveal Subscriber’s account information to anyone, Subscriber shall protect and maintain the confidentiality and security of Subscriber’s account, Subscriber shall not use anyone else’s account, and Subscriber shall immediately notify ComputeForge of any unauthorized use of Subscriber’s account or any other breach of security. Subscriber is solely responsible and accountable for, and ComputeForge shall not be responsible or accountable for, any/all activities that occur on or through Subscriber’s account, including any and all acts or omissions by, or attributable to, any third party, using the service that ComputeForge provides to Subscriber.

18. Disclosure of Subscriber’s Information to Law Enforcement And to Third Parties

Subscriber acknowledges and agrees that the ComputeForge may disclose any and all Subscriber information, including, but not limited to, Subscriber contact information, assigned IP addresses/numbers, account history, account use, etc., to any law enforcement agent when required to do so by law or if presented with a subpoena, without further consent or notification to Subscriber. In addition, as may be required by ARIN policies from time to time, Subscriber hereby acknowledges that ComputeForge will provide the Subscriber contact information (including the name, telephone number, e-mail address and other contact information of Subscriber) to WHOIS directory or reports to ARIN. On request of Subscriber that subscriber is a residential customer, ComputeForge will substitute Subscribers’ name with ComputeForge’s name and withhold Subscriber’s street address in WHOIS. ComputeForge shall apply the terms of this section to any/all of Subscriber’s Sub-Users, and Subscriber shall notify all of Subscriber’s Sub-Users of these terms.

19. SPAM / Unsolicited Commercial E-mail (UCE) / Unsolicited Bulk E-mail (UBE)

DO NOT SPAM FROM YOUR ACCOUNT. Subscriber may not use or permit others to use the service that ComputeForge provides to Subscriber to transmit (including by e-mail, uploading, posting or other transmission), originate, pass through or otherwise transact any SPAM, UCE and/or UBE. Violations of this policy carry, as well as possible suspension or cancellation of service, additional penalties and/or remedies, including, but not limited to: ComputeForge reserves the right to drop the section of any IP space involved in any SPAM/ UCE/ UBE or Denial of Service (DOS) complaints if ComputeForge determines, in its sole discretion, that the offending activity is causing, or may cause, harm to other parties on the Internet (particularly if open relays are on Subscriber’s network or on a Subscriber’s Sub-User’s network, or if DOS attacks are originating from Subscriber’s network); Subscriber will pay “Research Fees” of $175.00 per hour to compensate ComputeForge for employee time spent investigating Subscriber’s violation. ComputeForge reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated violation; First violations of ComputeForge’s SPAM/ UCE/ UBE policy will result in an “Administrative Fee” of $500.00; a second violation will result in an “Administrative Fee” of $750.00, and immediate cancellation of Subscriber’s service; and ComputeForge may notify law enforcement officials if the violation is believed to be a criminal offense; ComputeForge’s remedies are cumulative and they may be exercised concurrently or separately at any time. Lack of action by ComputeForge with respect to any remedy shall not serve as a waiver of that or any other remedy at any time; Spam affects other clients using ComputeForge service and subscriber shall be responsible for losses, such as lost clients, list ip reputation, de-blacklisting and any other additional costs related to ther use of ComputeForge’s service to send spam.

IMPORTANT NOTICE:

A Subscriber hosting websites or services on Subscriber’s server supporting spammers or resulting in any of ComputeForge’s IP space to be listed in any of the various Spam Databases or black hole lists will have its service immediately disconnected. Such suspended service will not be reconnected until such time that Subscriber agrees to remove ANY and ALL traces of the offending material immediately upon reconnection, and agrees to allow ComputeForge access to its server computer(s) to confirm that all material has been COMPLETELY removed.

Because Subscriber is ultimately responsible for the actions and omissions of Subscriber’s Sub-Users, it is advisable that Subscriber develop a similar policy for its Sub-Users.

Subscriber shall make sure that their servers are updated and secure to prevent hackers from using their server for spam.

20. Compliance with ComputeForge’S AUP

ComputeForge’s AUP is an integral part of this TOS Agreement, and Subscriber agrees to comply with ComputeForge’s AUP, and to take reasonable steps to ensure that Subscriber’s Sub-Users comply with ComputeForge’s AUP at all times. ComputeForge’s AUP applies to Subscriber and to each/all of Subscriber’s Sub-Users and to each/all server computer, network, device and/or system under Subscriber’s control or assigned to Subscriber related to the service ComputeForge provides to Subscriber. Subscriber is, and will be held, responsible and accountable for any and all activity and/or omission by, or attributable to, any third party directly or indirectly using or benefiting from ComputeForge’s services that violates any of the terms of ComputeForge’s AUP;

ComputeForge reserves the right to investigate actual, suspected or alleged violations of ComputeForge’s AUP, which includes the right to access data, information, contents and records on, or associated with, any server computer(s) of, or assigned to, Subscriber. ComputeForge shall not be in default of this TOS Agreement if ComputeForge’s investigation causes Subscriber to incur downtime or requires the sequestering of all or a portion of the Subscriber’s server computers;

ComputeForge may involve, and cooperate with, law enforcement authorities in investigating and/or prosecuting Subscriber and/or Subscriber’s Sub-Users who are involved in any violation of ComputeForge’s AUP. Subscriber shall assist ComputeForge to comply with all laws, ordinances, regulations and rules related to the service ComputeForge provides to Subscriber. Subscriber shall cooperate and comply with any/all civil or criminal investigations regarding activity through, and data, information, contents and records on, or associated with, any server computer(s) of, or assigned to, Subscriber, including, without limitation, discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court or government entity (each an “Investigation”). Without limiting any other right of ComputeForge, ComputeForge reserves the right to comply with any Investigation without notice to Subscriber;

Without limiting ComputeForge’s right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that ComputeForge provides to Subscriber, ComputeForge may also, in its sole discretion, take any one or more of the following remedies for a violation of ComputeForge’s AUP: Disable access to Subscriber’s content that violates ComputeForge’s AUP; Remove DNS records from Subscriber’s server computer(s); Block e-mail or any other network services; Effect IP address null routing; Take direct action against Subscriber’s Sub-Users; Charge Subscriber for remedial actions, and recover any and all expenses from Subscriber in connection with any violation of ComputeForge’s AUP attributable to Subscriber. ComputeForge’s remedies are cumulative and they may be exercised concurrently or separately at any time. Lack of action by ComputeForge with respect to any remedy shall not serve as a waiver of that or any other remedy at any time;

 21. ComputeForge’s Remedies Cumulative / No Waiver

ComputeForge’s remedies under this TOS Agreement are cumulative, and they may be exercised concurrently or separately at any time. Lack of action by ComputeForge with respect to any remedy or failure to enforce any right shall not serve as a waiver of that or any other remedy or right at any time

22. Survival:

Sections 1-11 and 13-24 shall survive cancellation of this agreement.

23. Unused Account Credit Refunds:

If the subscriber requests a refund of unused account credit, ComputeForge will refund the original payment method less any credit card processing fees or transaction fees. Only payments made to ComputeForge will be refunded. No refunds will be given for promotional credit or coupons. No refund will be given where the subscriber and ComputeForge agree that the payment is non-refundable or it is done in exchange for consideration(i.e. subscriber adds credit to their account in exchange for migration assistance.)

24. One promotion per person/company:

The subscriber may only receive 1 promotion for opening an account. The subscriber agrees not to create additional accounts in order to get additional promotions. ComputeForge may suspend, terminate or limit accounts that are created in violation of this section and require subscriber to pay for the services that are used.