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Dedicated Hosting Terms and Conditions

Host Color Europe LLC provides Dedicated Server Hosting And Services to customers from own Colocation Data Centers in the U.S. and Europe and from third party data centers, where the company has precense as tenant. These Dedicated Server Hosting Terms and Conditions (DSHTC), also called “Dedicated Server Hosting Agreement” or “Dedicated Hosting Agreement”, are designed to regulate the proces of designing and providing the highest level of service available for Dedicated Server Hosting And Services delivered from Host Color Europe's own data centers. If Customer has opted for Dedicated Server Hosting And Services delivered from 3rd party facilities, other terms may apply in addition to this Dedicated Hosting Agreement.

1. ORDERING AND PROVISIONING

1.1 Customer may request Dedicated Server Hosting and Services from Host Color Europe by placing a Service Order (also an Online Service Order or a Phone Service Order). Unless there is anyting else specified in a separate Agreement or in a Service Order signed both by Customer and Host Color Europe LLC, Host Color Europe shall provide Dedicated Server Hosting and Services to the Customer as stated in these Dedicated Terms and Conditions (“Dedicated Server Hosting Agreement “or “Dedicated Hosting Agreement”).

1.2 Customer may place an Online Service Order though Host Color Europe's Account Management And Customer Service Portal at https://Accounts.HostColorEurope.com. The portal is secured by Extended Validation, Green Bar SSL certficate, issued to Host Color Europe by GeoTrust.

1.3 Customer can choose a Dedicated Server from different hardware configurations. Each hardware configuration can be customized if Customer clicks on a selected Dedicated Server Hosting plan. An Online Service Order is considered as “Placed” or “Submited”, when Customer has created account in the system and has created a record for the Online Service Order in Host Color Europe's Account Management And Customer Service Portal at https://Accounts.HostColorEurope.com.

1.4 All Online Service Orders submitted by Customer though 's Account Management And Customer Service Portal at https://Accounts.HostColorEurope.com are bound by an annual contract (1 year contract), unless Customer has specifically opted for “Six Months”, “Three Months” or “Monthly Contract” in the customization field “Contract”, located at the top of the Online Service Order.

1.5 An Online Service Order for Dedicated Server Hosting And Services bound by annual contract, can be amended by the Customer, though a separate “Dedicated Hosting Online Service Order Amendment” document or through a “Amend Dedicated Hosting Online Service Order” request sent by the Customer through Support Ticket, at https://Accounts.HostColorEurope.com. The “Dedicated Hosting Online Service Order Amendment” document or the “Amend Dedicated Hosting Online Service Order” request shall be submited to Host Color Europe before the requested Dedicated Server Hosting And Services are provisioned to the Customer.

1.6 Each “Dedicated Hosting Service Order Amendment” document or the “Amend Dedicated Hosting Online Service Order” request sent after the Dedicated Server Hosting And Services are provisioned to the Customer is a subject to an administrative “Order Amendment Fee” fee of $100. Upon payment of the “Order Amendment Fee”, Host Color Europe will review the request and will offer the Customer a procedure to amend of the Online Service Order. However, Customer acknowledges that Host Color Europe may refuse to amend any Online Service Order, if the Customer's request is in violation of these Dedicated Server Hosting Terms And Conditions.

1.7 Host Color Europe's guarantees specified in Section 7 “Hardware, Hardware Replacements And Maintenance”, which cover hardware, replacements of faulty parts and components and hardware maintenance in case of any failure of a physical machine, specified in these Dedicated Server Hosting Terms And Conditions and in the Service Level Agreement (SLA), regulate the Dedicated Server Hosting And Services purchased, through an Online Service Order, in section “Dedicated Hosting” of https://Accounts.HostColorEurope.com. The Dedicated Server Hosting And Services purchased through section “Server Bargains” are covered all clauses of this Dedicated Hosting Agreement, excluding Section 7 “Hardware, Hardware Replacements And Maintenance”.

2. FEES, PAYMENT TERMS AND TAXES

2.1 One year contract (12 month service term) applies to all Online Service Orders for Dedicated Server Hosting and Services, unless Customer has chosen any other service terms in the Online Service Order form.

2.2 Host Color Europe will start collecting Fees on Dedicated Server Hosting and Services from the Billing Start Date and Customer will be liable for Fees for the full contract term specified in each Service Order, Online Service Order or Phone Service Order. Customer shall pay in full all invoices issued in Customer's Account at https://Accounts.HostColorEurope.com in the currency specified in the Service Order before the Dedicated Server Hosting and Services are activated for the first billing period and before the Due Date of the each subsequent Invoice. Interest shall be added to each Invoice on the Due Date at the lower of two and a half per cent (2.25%) per month. Unless otherwise agreed, Host Color Europe will invoice customers of Dedicated Server Hosting and Services monthly in advance for all recurring Fees and at the end of the each 30 day service period for usage-based or non-recurring Fees. Fees will be listed on Service Orders, except for Online Service Orders, which will be subject to Host Color Europe’s list price unless otherwise, agreed with the Customer.

2.3 If the amount of any invoice or any part thereof is disputed by Customer in good faith (a "Disputed Amount"), then Customer must submit a written notice with reasonable supporting documentation within thirty (30) days of the date of the initial invoice on which the Disputed Amount appears, failing which Customer waives all rights to dispute such Disputed Amount and to file any claim. The Parties will work together in good faith to resolve the Disputed Amount within thirty (30) days after receipt of Customer’s notice.

2.4 If Customer's account is past due two (2) or more times in any twelve (12) month period, Host Color Europe may charge Customer a deposit of two (2) months of the then-billable Fees to be held, without interest (the “Deposit”). Host Color Europe may deduct amounts due from the Deposit and will return or credit any remainder upon termination.

2.5 All amounts payable by Customer to Host Color Europe under these Dedicated Server Hosting Terms and Conditions and Services exclude Taxes. Customer shall be responsible for (a) Taxes related to its activities, including any software licenses installed on customer's Dedicated Server(s) and (b) Taxes imposed or assessed thereon by any governmental or other authorities.

2.6 If during the Dedicated Server Hosting And Services Initial Term (Contract) or during any Renewal terms there is an increase in the Consumer Price Index, as published by the U.S. National Office for Statistics over the Consumer Price Index reported for the month in which you signed your Agreement), Host Color Europe may increase your monthly fees by the same percentage as the increase in the Consumer Price Index.

2.7 Host Color Europe may not increase the monthly fees, under section 2.5 of the Dedicated Server Hosting Terms And Conditions, more than once per twelve (12) months, and Host Color Europe must give Customer at least ten (10) days advance notice of the increase in Support Ticket opened at Accounts.HostColorEurope.com.

2.8 If Customer has continued to use the Dedicated Server Hosting and Services on a monthly contract, after the initial term a renewal contract has expired, Host Color Europe may increase the monthly service fee at any time by any amount, in its sole discretion, on seven (7) days advance notice.

2.8 Customer acknowledges that if one has submitted "Cancelation Request", but subsequently continued to use the Dedicated Server Hosting And Services, after the cancelation date, due to miscommunication with Host Color Europe or for any other reason, without informing Host Color Europe, about that, Host Color Europe LLC has a right to charge Customer's Account, the applicable recurring monthly service fees.

2.10 A credit card charge back fee of $150 will be charged to any customer's account for any charge back received by their financial institution. The original charge amount and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer's behalf has used a credit card to pay for services ending in 2 or more chargebacks, will result in credit card payment privileges being revoked (full payment will be due via money order or wire transfer). This fee will be waived and credit card payment privileges reinstated if the chargeback resulted in error, provided that supporting documentation is submitted. If a credit card was used to pay for more than one customer account resulting in multiple chargebacks, each account will be assessed the $150 fee. Chargebacks received are reversed from the customer's account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension or account termination. If the account is terminated all information within the account will be deleted.

2.11 A returned check penalty fee of $25 will be charged to any customer's account for any check dishonored by their financial institution. This fee will be waived if the check was returned in error, provided that supporting documentation is submitted. The returned check and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer’s behalf has written two or more returned checks, check cashing privileges will be revoked. If a returned check was used to pay for more than one customer's account, each account will be assessed the $25 returned check fee. Payments made by a returned check are reversed from the customer account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension or account termination. If the account is terminated all information within the account will be deleted.

3. PROVISIONING AND CONTENT

3.1 Host Color Europe LLC provides Dedicated Server Hosting services to customers from own IT Colocation Data Centers in the U.S. and Europe and from third party data centers, where the company has presence as tenant. If a Dedicated Server Hosting and Services are provided from 3rd party Colocation centers, additional terms, rules or guidelines may apply.

3.2 After a Customer submits an Online Service Order or a Service Order, Host Color Europe LLC will start reviewing it. The Order acceptance and approval procedure would take up 48 hours. As a part of the acceptance procedure Host Color Europe will request the Customer customer to review and sign “Payment Authorization Form” and “IP Address Request And Justification Form”, if applicable. We may ask for a scanned copy of any ID document or of a credit card used by the Customer to make a payment, in order to verify the identity of the Customer (New Account Holder) who has submitted an Online Service Order. If for any reason, you have any privacy worries, Host Color Europe might apply alternative procedures to verify your identity.

3.3 Customer acknowledges that Host Color Europe shall be considered as a provider of computing capacity, in accordance to these Dedicated Server Hosting Terms and Conditions. Host Color Europe may not be hold liable for the content or data hosted on a Customer's dedicated server computing instance.

3.4 All services provided by Host Color Europe LLC (DBA: HostColorEurope.com, HostColorEurope.com) must be used for lawful purposes only. Any transmission, storage of information, data in violation of any United States Federal, State or other law is prohibited. This includes, but is not limited to: copyrighted material, information we judge to be threatening or obscene, data that jeopardizes security of the United States or any European Union member country, or material protected by trade secret or other laws. Customer agrees to indemnify and hold harmless Host Color Europe LLC, from any claims resulting from the Customer's use of Host Color Europe's Dedicated Server Hosting And Services to damage it's own interests of any third party.

Examples of prohibited content or links are specified in the General Terms And Conditions. They include, but are not limited to: Pirated software, Hacking sites, programs or archives, Warez Sites, Distribution of music, video files or any other material in which the account holder does not own the copyright, IRC Software.

3.5 Hosting or conducting activities such as IRC; Egg Drops; BNC; IRC bots; Proxies; PortScanning; Mass Mailing, sending unsolicited email or hosting Mailig Lists, which are not “Opt-in” confirmed is considered a violation of the Dedicated Server Hosting Terms And Conditions.

Hosting, marketing, advertising, transmitting, or otherwise making available any code, software product, or service designed to violate Host Color Europe's Acceptable Use Policy (AUP) or the AUP of any other Internet network or ISP, which includes, but is not limited to, the facilitation of the means to Mass Mailing, pinging, flooding, mail-bombing, text-bombing, unsolicited bulk text messaging or denial of service attacks is prohibited.

3.6 Operating a Host Color Europe Account, a Dedicated server or a computing instance on behalf of, or in any connection with a persons or entity listed in the Spamhaus and Spamhaus ROKSO database is prohibited. A minimum financial penalty of $350 is charged to Customer's account in violation of this term.

3.7 Customers of Host Color Europe's Dedicated Server Hosting And Services are prohibited from promoting, advertising or making claims related to the following services hosted on dedicated servers and computing instances part of Host Color Europe's infrastructure: Illegal or unlawful activity; Services intended to defraud, scam, defame, attract or persuade others into an unlawful activities; Abuse of a dedicated server or computing instance including, but not limited to: a) Logging into an instance or account that you are not authorized to access; b) Taking an action to obtain services or accessing data, not intended for you or your use; c) Attempting to scan, test, explore or examine a vulnerability of any computing instance, appliance, system, or network; d) Interfering in order to cause damage, modifying, hacking or otherwise changing or breaching security or authentication measures without proper authorization; e) Transmitting any code or material that contains computer viruses or malisious software programs or applications of any kind; f) Obstructing, accessing or taking away from its owner any system, data or piece of information, or interfering with service to any user, host or network including, without limitation, by means of exploring, overloading or harming any computer system.

Customer is responsible for all actions performed by one's Account, dedicated server or computer instance, whether it would be done by the Customer or by others.

Host Color Europe LLC will decide on its sole discretion what kind of material constitutes a violation of this “Provisioning And Content”. If we find a content that does not meet these standards it will be removed without prior notice to the subscriber.

4. SECURITY, ACCESS AND ACCOUNT AUTHORIZATION

4.1 Host Color Europe's customers are responsible to choose a security question or to select a procedure to be used for Account authentication. It the Customer's responsibility to protect the personal data used to authenticate or access one's account, dedicated server or a computing instance. Host Color Europe shall not be hold liable for any security breaches damages, direct or indirect, that result from unauthorized account access, password compromise or hacking.

5. DEDICATED SERVER HOSTING TECHNICAL SUPPORT

5.1 Host Color Europe's provides support to Dedicated Server Hosting customers in their Accounts (accessed through username and password at https://Accounts.HostColorEurope.com), via phone and email and instant message client. The Technical Support is limited to the customer, its employees or representatives who have a profile and contacts in Customer's Account. The clients of Host Color Europe's Dedicated Server Hosting customers are not eligible to receive direct Technical Support, unless other is specified in a contract or in a Service Order.

5.2 All non-emergency support requests must be submitted through Support Tickets, through Customer's Account. Customer Support team will process any requests sent by phone, instant messaging or email, but Support operators on shift or any Host Color Europe employee, may not be hold liable or accountable for any delays or a lack of response on requests sent by instant messaging client, email or reported over the phone. If the Customer does not have an access to one's Account at https://Accounts.HostColorEurope.com, at the time Customer has reported an issue or requested support, the Customer is responsible to request a Support Operator to open a ticket on one's Account, to participate to the ticket and to continue the communication with Host Color Europe's Support inside this ticket.

5.3 If a Support Ticket with status “Emergency”, that describes an interruption of the network services, a power outage, or a downtime on Customer's dedicated server, caused by a hardware failure, is opened in Customers Account, Host Color Europe in accordance with its Service Level Agreement, Section “2. Glossary”, sub-section “Hardware (Equipment, Devices)” issues a principled commitment that to return the physical dedicated server back online within five (5) hours if the damage happens, during the regular business hours of 9:00 am to 5:00 pm on weekdays. Failure to restore the server within this five (5) hour period will result in a credit to Customer's account which can not exceed thirty times the amount of forced interruption.

5.4 If a Support Ticket in status “Emergency”, or any other status, is opened to address an interruption of services or a downtime on the server caused due to mismanagement or negligence by the Customer or any of its authorized employees or agents, the guarantees provided in sub-section 5.3 of the Dedicated Server Hosting Terms And Conditions shall not apply and Host Color Europe might not be hold liable for the interruption of the services.

5.5 Unless other is specified in a Service Order or written document, Host Color Europe provides “Best Effort Support” to its Dedicated Server Hosting customers. “Best Effort Support” means that Host Color Europe's Support Operators will do their best to respond promptly to Support Tickets and that the Data Center Technicians will provide their best effort to address any issues on a dedicated server. Although that we usually prioritize any Support Tickets, depending of the request, “Best Effort Support” does not come with any estimated time of the service delivery and vary depending on the Operations schedule. No warranties or guarantees are provided on “Best Effort Support”.

5.6 In case of a Customer's request for installation, troubleshooting, remote hands or management services on one's dedicated server, which are not part Dedicated Server Hosting Agreement, Host Color Europe will charge the Customer a Management Service fee of $39/hour.

6. BANDWIDTH, CONNECTIVITY AND NETWORK

6.1 Host Color Europe's dedicated servers are connected to 1 gigabit physical ports, through a single ethernet interface, unless any other type of networking interface is requested by the Customer. Each dedicated server has certain metered data transfer allocation, specified in the Service Order (or Online Service Order). All Internet traffic above the allocated quota is charged at certain rate per used mbps, available to Customer in the Online Service Order or specified in a Service Order.

6.2 Host Color Europe provides bundled Internet data transfer (Bandwidth) to its Dedicated Server Hosting And Services customers. Both incoming and outgoing Internet Data Transfer, within a 30-day service cycle, are used to calculate your bandwidth usage. Host Color Europe uses 95-percentile Rule to charge for the burstable bandwidth usage, above the allocated data transfer quota.

6.3 Every Dedicated server Customer is provided an access to a Bandwidth Graph Account to monitor Internet traffic usage (bandwidth usage). Bandwidth Usage for each Dedicated server and network port is measured both from a Switch and a Router and is recorded in a log file. The bandwidth is recorded each 5 minute.

6.4. The Customer must pay attention to the Peak traffic usage statistics in each network port, displayed inside the Bandwidth Usage Account. If the number Peaks on any network port exceed 35 hours per month, an overage bandwidth usage is calculated on Customer's Account and is payable at the end of the service period. At the end of each service month, Host Color Europe sorts the Internet data transfer samples from highest to lowest, and the top 5% of data is not calculated. The next highest measurement becomes the billable use for the entire month.

6.5 The only valid overage bandwidth measurement is the one recorded in Host Color Europe's Bandwidth Graph system. It is Customer's responsibility to request an access to one's data transfer usage statistics. Customer acknowledges and accepts that the data transfer usage data provided by Host Color Europe is legitimate even if Host Color Europe's has missed to provide the Customer with login credentials to access Customer's Bandwidth Graph port(s). A lack of Customer access to Bandwidth Graph Account is not a justified reason for the customer to refuse to accept any bandwidth usage data provided by Host Color Europe.

6.6 Customer acknowledges that Host Color Europe will consider as legitimate and in compliance with this Dedicated Server Hosting Agreement only the bandwidth usage statistics, recorded in Host Color Europe's Internet data transfer monitoring system. Host Color Europe will not accept any data, measured by 3rd party data transfer (bandwidth) monitoring and measurement systems, including by one which has been installed by the Customer on Customer's equipment, hosted in Host Color Europe's Colocation Data Center.

6.7 It is Customer's responsibility to make oneself known with the 95-percentile billing rule and to understand how does it work. A lack of understanding about how the bandwidth billing works, lack of access to a Bandwidth Graph Account, Customer's lack of reasonable care to monitor the data transfer usage, mismanagement or negligence, shall not be considered as justified reasons, for the Customer to refuse to accept any bandwidth usage statistics provided by Host Color Europe.

6.8 A Customer who uses a Content Delivery Network (CDN) Bandwidth, provided by a third party is responsible for all bandwidth costs associated with delivery of the CDN service.

7. HARDWARE, HARDWARE REPLACEMENTS & MAINTENANCE

7.1 Dedicated Server Hosting And Services delivered through physical servers, hosted in Host Color Europe's own data centers and provisioned to Customer are bound by “5 hour Replacement” guarantee, described in Section “Hardware (Equipment, Devices)” in the Host Color Europe's Service Level Agreement (SLA). “5 hour Replacement” mean that, during the standard business hours (Monday to Friday, excluding public holidays), Host Color Europe has an obligation to replace any failed hardware component on Customer's physical Dedicated Server or to provision a new physical server with a similar hardware configuration and/or computing resources, as temporary replacement, to the Customer, within less than 5 hours.

7.2 If for any reason Host Color Europe cannot cover the “5 hour Replacement” guarantee, the Customer is eligible to receive a credit of up to 100% of the service fee paid for the Dedicated Server Hosting And Services, for the service month when the incident happened. If, for any reason, the Customer experiences an interruption of the services, which significantly exceeds 5 hours, Host Color Europe may, on its sole discretion, compensate the Customer, by reducing the monthly fee any subsequent service months.

8. SCHEDULED MAINTENANCE, INTERUPTION OF SERVICES AND DOWNTIME

8.1 Host Color Europe will make any reasonable efforts to provide an interrupted Dedicated Server Hosting And Services in accordance with this Agreement. Customer acknowledges that from time to time the Dedicated Server Hosting And Services might be not be accessible or not able to be operated for various reasons, such as scheduled maintenance procedures or upgrades (“Scheduled Interruption of Services” or "Scheduled Downtime"); a hardware or network failure to function normally, and causes beyond Host Color Europe's control or which are not reasonably foreseeable by Host Color Europe, including any interruption or failure of telecommunications or Internet data transmission links, network attacks, network congestion or any other failures.

8.2 Host Color Europe will provide Customers with 24-hour advance notice for any Scheduled Maintenance which would result in a Scheduled Interruption of Services, and will make reasonable efforts to reduce any downtime, disruption, inaccessibility or unavailability of the Dedicated Server Hosting And Services.

8.3 Customer acknowledges that Host Color Europe shall not be hold liable and has no responsibility for any Interruption of Services or Downtime, result of Customer's or Customer's representatives actions.

8.4. Customer understands and accepts that the advertised 100% network uptime, SLA guarantee, apply to Host Color Europe's networking devices, not to Customer's Dedicated servers or computing instances.

9. CANCELATION AND REFUNDS

9.1. All Dedicated Server Hosting And Services are bound by one year contracts, unless Customer did not choose any other contract term in the Online Service Order or different contract term is not specified in a Service Order.

9.2 All monthly charges and setup fees paid for the Dedicated Server Hosting And Services are non-refundable. Customer acknowledges that no refunds will be issued for Dedicated Server Hosting And Services that have been provisioned and used, except if Host Color Europe failed to provide the services in accordance with these Dedicated Server Hosting Terms And Conditions, which resulted in a violation of this Agreement, documented by Customer and further accepted by Host Color Europe. Any Customer claims for refunds for a contracted Dedicated Server Hosting And Services, not supported by proper documentation, which clearly identifies Host Color Europe's violation of these Terms An Conditions, will not be honored.

9.3 Customer is eligible to receive a refund on accounts, based on one year Service Orders, equivalent of 11 service months, if the Dedicated Server Hosting And Services have not been provisioned and activated. All setup fees and the monthly fee for the first service month are non-refundable.

9.4 Dedicated Server Hosting and Services are considered "Provisioned" and the Service Order and services are considered activated automatically, after Host Color Europe has sent "Welcome Email" message to Customer directly through e-mail or inside Customer's account at HostColorEurope.com/Accounts/, Accounts.HostColorEurope.com or after the customer's main host IP address is accessible through Internet.

9.5 Any violation of Host Color Europe LLC's Dedicated Server Hosting Terms And Conditions shall result in no refund.

9.6 Dedicated Server Hosting And Services can be canceled by Customer at any time after the Customer has paid all the invoices due in accordance with one's contract, and submitted a proper request for cancelation, as described in this Dedicated Server Hosting Agreement.

10. TERM, TERMINATION AND SUSPENSION

10.1 These Dedicated Server Hosting Terms And Conditions will commence on the Start Date (Billing Start Date) and will terminate on the date the last Service Order then in effect expires or is terminated. A termination of these Dedicated Server Hosting Terms and Conditions shall terminate all Service Order(s).

10.2 Either Party may terminate these Dedicated Server Hosting Terms and Conditions by giving written notice to the other Party if the other Party breaches any material term or condition of this Dedicated Server Hosting Agreement and fails to cure such breach within twenty (20) days after receipt of such notice. If Customer fails to cure a monetary breach, Customer will be responsible for all collection costs including reasonable attorneys’ fees. If the breach cannot be cured within twenty (20) days, the breaching Party shall be given a reasonable period of time, but not to exceed thirty (30) days after receipt of the notice, to cure the breach, provided that the breaching Party acts promptly and diligently to cure such breach.

10.3 Either Party may terminate this Agreement immediately upon giving written notice to the other Party if such other Party becomes unable to pay its debts as they become due, ceases to do business, enters into a deed of arrangement, undergoes judicial management, commences the process of liquidation, has a receiver appointed or begins winding up or similar arrangements.

10.4 Without limiting Host Color Europe’s rights under Section 10 (10.2), Host Color Europe may suspend the provision of the Dedicated Server Hosting And Services, deny access to and the removal of Customer’s Equipment from the Host Color Europe's data center, if Customer fails to cure any monetary breach of these Dedicated Server Hosting Terms And Conditions within twenty (20) days after notice of the same (or within five (5) days after notice of the same in the event Customer’s account is past due on two (2) or more occasions during a twelve (12) month period).

10.5 Host Color Europe may suspend the use of Dedicated Server Hosting And Services if (a) Customer or Customer’s Equipment interferes with Host Color Europe's operation or maintenance of the Host Color Europe's data center or with one or more of Host Color Europe’s other customers' use thereof, and within a reasonable time, not to exceed two (2) hours after being notified by email or phone, Customer fails to (a) cease such interference; (b) provide a plan acceptable to Host Color Europe to cease such interference; or (c) authorize Host Color Europe to take action to cease such interference (billed at Managed Service rates); or (d) in Host Color Europe’s reasonable judgment Customer or Customer’s Equipment has the potential to interfere with Host Color Europe's operation or maintenance of the Host Color Europe's data center or with one or more of its other customers' use thereof, and within a reasonable time, not to exceed forty-eight (48) hours after being notified by e-mail or phone, Customer fails to (e) resolve such potential interference; (f) provide a plan acceptable to Host Color Europe to resolve such potential interference; or (g) authorize Host Color Europe to take action to resolve such potential interference (billed at Managed Service rates). If Host Color Europe suspends the use of Leased IT Colocation Space and Services pursuant to this Section 10 (10.5), unless Host Color Europe has subsequently terminated these Colocation Terms and Conditions as permitted under these Dedicated Server Hosting Terms And Conditions, Host Color Europe will reinstate use of Dedicated Server Hosting And Services and resume the discontinued Services as soon as reasonably practical after it is reasonably satisfied that Customer has cured the breach(es) which gave rise to the suspension; and Host Color Europe may charge a reinstatement fee. Further, Host Color Europe may terminate these Dedicated Server Hosting Terms and Conditions if Customer’s breach referred to in this Section 10 (10.5) continues for at least seven (7) days or occurs more than three (3) times in any twelve (12) month period.

11. DEFINITIONS

Authorized Person: Each person included on the most recent list of Authorized Persons given to Host Color Europe by Customer in accordance with Host Color Europe’s then-current form and procedures, who may be authorized by Customer to, for example, access an Host Color Europe data center, place Service Orders on an Host Color Europe customer care website or act as Customer’s shipping contact.

Affiliate: As to a Party, any entity controlling, controlled by, or under common control with such Party, where the term "control" and its correlative meanings means the legal, beneficial or equitable ownership, directly or indirectly, of more than fifty percent (50%) of the aggregate of all voting equity interests in an entity.

Agreement: The meaning given to such term in the relevant Service Agreement into which these Dedicated Server Hosting Terms And Conditions are incorporated.

Fees: Charges and fees for Dedicated Server Hosting And Services charged to Customer by Host Color Europe, exclusive of Taxes.

Host Color Europe Data Center: The International Business Exchange Centers in which Customer receives Dedicated Server Hosting And Services from Host Color Europe pursuant to an Service Order.

Dedicated Server Hosting: The physical dedicated server or virtual dedicated computing instance provisioned or made available to Customer with permission to access and use, under this Dedicated Server Hosting And Services Agreement, and as identified in a Online Service Order or a Service Order. For each Dedicated Server Hosting, Host Color Europe will determine at all times the exact location in the Host Color Europe data center where the Dedicated Server Hosting will be located.

Service Order: An Service Order for Dedicated Server Hosting And Services prepared by Host Color Europe, or an amendment to a Service Order, which is incorporated into this Dedicated Server Hosting Agreement by reference; that describes the Dedicated Server Hosting And Services. Service Orders are not valid until signed by both Parties, except for Online and Phone Service Orders. Host Color Europe is under no obligation to accept a Service Order.

Online Service Order: An Service Order submitted through https://Accounts.HostColorEurope.com, HostColorEurope.com website or by email, considered as effective only after Host Color Europe accepts it in accordance with Host Color Europe’s procedures.

Phone Service Order: An Service Order placed over the phone, where available, will be effective only after Host Color Europe accepts it in accordance with Host Color Europe’s procedures.

Billing Start Date: For Dedicated Server Hosting And Services ordered in an Service Order, the Billing Start Date is date specified in the Service Order. If Dedicated Server Hosting And Services are ordered through an Online Service Order placed at https://Accounts.HostColorEurope.com), the Billing Start Date is the date when the Customer's Equipment is installed and connected to Host Color Europe's network or to any external network, or any date within 30 days from the date when and Online Service Order is submitted to Host Color Europe's system. If there is no date specified in the Service Order, then the Billing Start Date is the date on which the Dedicated Server Hosting And Services are activated, unless otherwise agreed to by the Parties in the Service Order.

Services: All intangible or tangible services, products provided by Host Color Europe, specified in a Service Order pursuant to this Agreement.

Sublicensee: A customer of Host Color Europe's Customer who sublicensees or resells or is able to access and use the Dedicated Server Hosting And Services as made available by Customer, partially or in full.

Remote Hands: An onsite technical assistance (or other assistance agreed requested by Customer in written correspondence) provided by Host Color Europe employees, associates or contractors, in accordance with Customer’s instructions relating to onsite management, remote management, installation, cabling and/or troubleshooting of the physical dedicated server or a computing instance.

Policies: Host Color Europe Europe procedures, rules, regulations, security practices and policies for the Host Color Europe data center, as amended from time to time.

Taxes: Sales, use, transfer, privilege, excise, consumption tax, Value Added Tax (VAT) or Goods and Services Tax (GST) as applicable, and other similar taxes and duties, whether foreign, national, state or local, however designated, levied or imposed (whether as a deduction, withholding or payment) now in force or enacted in the future, which apply to the Dedicated Server Hosting And Service provided or the Services performed by Host Color Europe for Customer or to Customer for its operations and use of the Dedicated Server Hosting And Services, but excluding taxes on Host Color Europe LLC net income.

Term: The duration of this Dedicated Server Hosting Agreement, as determined under Section 6 (6.1) of this Agreement.

Unavailable: The meaning given to such term in the context of a Service Level specified in the Host Color Europe Europe Service Level Agreement.

Sanction Laws: All applicable sanction or embargo laws and regulations from time to time, including trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control (OFAC) and any other enabling legislation or executive Service Order relating thereto.