TERMS OF SERVICE (TOS)
This Brosin Companies LLC/ORWARE Networks Terms of Service (this " Agreement ") and the Brosin Companies LLC/ORWARE Networks Acceptable Use Policy (" AUP ") govern your purchase and use of all Brosin Companies LLC/ORWARE Networks services (collectively, the " Services "), as described in the Order Form(s) submitted by you and accepted by Brosin Companies LLC/ORWARE Networks (“Service Order”). Acceptance of any terms or conditions different from those contained herein by Brosin Companies LLC/ORWARE Networks will not be deemed by provision of service, but only by electronic or written signature of an officer of Brosin Companies LLC/ORWARE Networks. You must register and accept the terms of this Agreement and the AUP in order to use the Services. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, AND/OR REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THE AUP AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS ALL POLICIES AND GUIDELINES OF THE AUP, WHICH ARE INCORPORATED HEREIN BY REFERENCE. Brosin Companies LLC/ORWARE Networks may modify any of the terms and conditions contained in this Agreement and the AUP, at any time in its sole discretion. Any modifications are effective upon posting of the revisions on the Brosin Companies LLC/ORWARE Networks web site (the " Site "). Your continued use of the Services following Brosin Companies LLC/ORWARE Networks posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify Brosin Companies LLC/ORWARE Networks of your termination of this Agreement in the manner described below.

Term and Payment for Services
Term. This Agreement will be for an initial “Term “of 1 month from the date the Services are first provided by Brosin Companies LLC/ORWARE Networks. This Agreement will be automatically renewed (the " Renewal Term ") at the end of the Initial Term or any Renewal Term for a period of thirty (30) days unless you provide Brosin Companies LLC/ORWARE Networks with written notice of termination at least 30 days before the end of the Initial Term or Renewal Term (also referred to interchangeably and collectively as “Term”), whichever is then applicable. To provide your notice of termination, you must submit a ticket to the Billing department via the "Contact Us" form to initiate the cancellation of your service. Pricing and duration of Terms may be modified only if in writing (such as a Service Order) signed by Brosin Companies LLC/ORWARE Networks.

Termination.
This Agreement may be terminated: (i) by you or Brosin Companies LLC/ORWARE Networks during any Renewal Term, without cause, by giving the other party no less than 7 days prior written notice, or a greater number of days prior notice if specified in a Service Order accepted by Brosin Companies LLC/ORWARE Networks ; (ii) by Brosin Companies LLC/ORWARE Networks in the event of nonpayment by you as provided in Section 1.4 below; and (iii) by Brosin Companies LLC/ORWARE Networks, at any time, without notice, if, in Brosin Companies LLC/ORWARE Networks sole judgment, you are in violation of any terms or conditions of the AUP. If you terminate this Agreement, or if Brosin Companies LLC/ORWARE Networks terminates this Agreement for your breach, before the end of the Initial Term or the Renewal Term, whichever is then applicable, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the Term and any other amounts you owe to Brosin Companies LLC/ORWARE Networks under this Agreement.

Charges.
You will pay all charges for your use of the Services at the then current Brosin Companies LLC/ORWARE Networks prices for that category of service or any special offer applicable to your account as determined by Brosin Companies LLC/ORWARE Networks. You are responsible for paying all federal, state, and local sales, use, value added, excise duty and any other taxes assessed with respect to the Services, other than taxes based on Brosin Companies LLC/ORWARE Networks net income. You are responsible for all costs of collection of all amounts owed under this Agreement, including reasonable attorney’s fees of Brosin Companies LLC/ORWARE Networks.

Payment.
You will pay all charges for the first month of service in advance on the first day of the Initial Term. You will pay all subsequent charges for Services in advance on the anniversary day of each month. You must pay for the Services by credit card. You authorize Brosin Companies LLC/ORWARE Networks to charge your credit or debit card to pay for any charges that may apply to your account. You must notify Brosin Companies LLC/ORWARE Networks of any changes to your card account (including, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit Brosin Companies LLC/ORWARE Networks from charging your account. Your failure to fully pay any fees within 72 hours from the applicable due date is a material breach of this Agreement, justifying Brosin Companies LLC/ORWARE Networks to suspend its performance and terminate this Agreement. If Brosin Companies LLC/ORWARE Networks terminates for your material breach, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term and any other amounts you owe to Brosin Companies LLC/ORWARE Networks under this Agreement. You are responsible for any costs Brosin Companies LLC/ORWARE Networks incurs in enforcing collection, including reasonable attorneys' fees, court costs and collection agency fees. To reinstate Services, you must pay for 3 months of Service in advance on the first day such Services are reinstated and any fees associated with reinstating Services.

Refund and Disputes.
All payments to Brosin Companies LLC/ORWARE Networks are nonrefundable. This includes any applicable setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Brosin Companies LLC/ORWARE Networks sole discretion is a valid charge under the provisions of this Agreement and/or AUP, you agree to pay Brosin Companies LLC/ORWARE Networks an "Investigation Fee" of $150.00.

Failure to Pay
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Use of Services.
Acceptable Use Policies. The AUP governs the general policies and procedures for use of the Services. The AUP is posted on the site at (or such other location as Brosin Companies LLC/ORWARE Networks may specify) and may be updated from time to time. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE AUP AND ANY MODIFICATIONS TO THE TERMS. Brosin Companies LLC/ORWARE Networks MAY TERMINATE YOUR ACCOUNT WITHOUT NOTICE FOR ANY VIOLATION OF THE AUP OR THIS AGREEMENT.
Security. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server is responsible for or involved in an attack on or unauthorized access into another server or system, Brosin Companies LLC/ORWARE Networks will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting Brosin Companies LLC/ORWARE Networks or any of its other customers.

Intellectual Property Rights.
Your Warranties and Representations to Brosin Companies LLC/ORWARE Networks. You warrant, represent, and covenant to Brosin Companies LLC/ORWARE Networks that: (a) you are at least 18 years of age if an individual, (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines, including the AUP; and (d) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

Violation of Spam Policy
Violation of Brosin Companies LLC/ORWARE Networks's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Brosin Companies LLC/ORWARE Networks will initiate an immediate investigation (within 48 hours of notification). During the investigation, Brosin Companies LLC/ORWARE Networks may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Brosin Companies LLC/ORWARE Networks may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Brosin Companies LLC/ORWARE Networks reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Brosin Companies LLC/ORWARE Networks will notify law enforcement officials if the violation is believed to be a criminal offense.
b. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Brosin Companies LLC/ORWARE Networks personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
c. As our Customers are ultimately responsible for the actions of their clients over the Brosin Companies LLC/ORWARE Networks network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

IP Numbers.
Brosin Companies LLC/ORWARE Networks will maintain and control ownership of all Internet protocol (" IP ") numbers and addresses that Brosin Companies LLC/ORWARE Networks may assign to you. Brosin Companies LLC/ORWARE Networks may, in its sole discretion, change or remove any and all IP numbers and addresses.

Unmetered Bandwidth

Brosin Companies LLC/ORWARE Networks does not charge any overage fees regardless of customer`s bandwidth usage

100Mbit unmetered service plan

Each server is connected via private (non-shared) 100Mbit port to our 20Gbit backbone which is shared by all servers that have subscribed to unmetered service plan. The bandwidth is NOT dedicated.
Servers on 100Mbit unmetered plan can expect average 5000GB-9000GB/monthly throughput on outbound transfer (from the server to the internet) and up to 30TB/monthly throughput on inbound transfer (from the internet to the server)

Dedicated Bandwidth

Dedicated / non-oversubscribed bandwidth is available at $12/Mbit with minimum 30Mbit commitment

Requirements for using Microsoft software.
Subscribers are prohibited from allowing more than five (5) authenticated users of the Microsoft Windows Server Operating Systems under Microsoft licensing terms and could create liability issues with Microsoft if violated. Subscribers wishing to allow more than 5 such users should contact Brosin Companies LLC/ORWARE Networks for special terms.

Third Party Products.
Brosin Companies LLC/ORWARE Networks may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships Brosin Companies LLC/ORWARE Networks has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by Brosin Companies LLC/ORWARE Networks and not by the Third Party Vendor. Neither Brosin Companies LLC/ORWARE Networks nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THIRD PARTY PRODUCTS IS AT CUSTOMER'S SOLE RISK AND SUCH THIRD PARTY PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND FROM Brosin Companies LLC/ORWARE Networks OR ANY THIRD PARTY VENDOR, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Brosin Companies LLC/ORWARE Networks NOR ANY THIRD PARTY VENDOR WILL BE LEGALLY RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, ARISING FROM THE USE OR INABILITY TO USE ANY THIRD PARTY PRODUCT. CUSTOMER AGREES TO OBSERVE THE TERMS OF ANY LICENSE AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENT FOR THIRD PARTY PRODUCTS AND THAT CUSTOMER SHALL BE FULLY LIABLE TO THIRD PARTY VENDORS AND Brosin Companies LLC/ORWARE Networks WITH RESPECT TO ANY IMPROPER USE OF SUCH THIRD PARTY PRODUCTS OR VIOLATION OF LICENSE AGREEMENTS WITH THEM AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENTS.

You shall not (i) remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on any Third Party Product or that appear during use of any Third Party Product; or (ii) reverse engineer, decompile, or disassemble any Third Party Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Enforcement Actions.
Brosin Companies LLC/ORWARE Networks reserves the right to suspend or terminate the Service immediately or take any other corrective action it deems appropriate in its sole discretion if in the sole judgment of Brosin Companies LLC/ORWARE Networks your server is the source or target of any violation of the AUP or for any other reason which Brosin Companies LLC/ORWARE Networks chooses. If inappropriate activity is detected, all of your accounts in question will be deactivated until an investigation is complete. Prior notification to you is not assured. In some cases, law enforcement will be contacted regarding the activity. These rights of action, however, do not obligate Brosin Companies LLC/ORWARE Networks to monitor or exert editorial control over the information made available for distribution via the Services. If Brosin Companies LLC/ORWARE Networks takes corrective action because of a possible violation, Brosin Companies LLC/ORWARE Networks will not refund to you any fees you paid in advance of the corrective action.

Disclosure Rights.
The AUP specifically prohibits the use of our service for illegal activities. Therefore, you agree that Brosin Companies LLC/ORWARE Networks may disclose any and all of your information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to you. In addition, Brosin Companies LLC/ORWARE Networks shall have the right to terminate all service set forth in this Agreement.

Disclaimed Warranties.
Brosin Companies LLC/ORWARE Networks exercises no control over, and accepts no responsibility for, the content of the information passing through Brosin Companies LLC/ORWARE Networks host computers, network hubs and points of presence, or the Internet. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THEREFROM IS AT YOUR OWN RISK. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. Brosin Companies LLC/ORWARE Networks DOES NOT MAKE AND DISCLAIMS, AND YOU WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. Brosin Companies LLC/ORWARE Networks DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

Limitation and Exclusion of Liability.

Limitations.
IN NO EVENT WILL BROSIN COMPANIES LLC/ORWARE NETWORKS OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER BROSIN COMPANIES LLC/ORWARE NETWORKS NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO BROSIN COMPANIES LLC/ORWARE NETWORKS'S OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF BROSIN COMPANIES LLC/ORWARE NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF BROSIN COMPANIES LLC/ORWARE NETWORKS AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO BROSIN COMPANIES LLC/ORWARE NETWORKS UNDER THIS AGREEMENT DURING THE 3 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY BROSIN COMPANIES LLC/ORWARE NETWORKS UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE BROSIN COMPANIES LLC/ORWARE NETWORKS AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1.

Interruption of Service.
Brosin Companies LLC/ORWARE Networks and its suppliers are not liable for any temporary delay, outages or interruptions of the Services. Further, Brosin Companies LLC/ORWARE Networks is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, any mechanical, electronic, communications or third-party supplier failure).

Indemnification.
In agreeing to the Brosin Companies LLC/ORWARE Networks AUP and this Agreement, you agree to indemnify, defend and hold harmless Brosin Companies LLC/ORWARE Networks, its employees, officers, directors, partners, representatives and affiliates, for any violation by you or your customers of the AUP or this Agreement that results either in (a) any cost, expense, damage or loss to Brosin Companies LLC/ORWARE Networks, or (b) the bringing of any claim against Brosin Companies LLC/ORWARE Networks by any third-party, and all costs, expenses, damages, and losses associated therewith. For example, if Brosin Companies LLC/ORWARE Networks is sued because of your or your customer's activity related to the Services, you will pay any damages awarded against Brosin Companies LLC/ORWARE Networks, its employees, directors, partners, representatives and affiliates, plus all costs and attorney's fees.

MISCELLANEOUS PROVISIONS.
Brosin Companies LLC/ORWARE Networks and you agree that, except as otherwise expressly provided in this Agreement, the Order Form(s) or the terms and conditions of use of any third party software products, there shall be no third party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or your customers. THIS AGREEMENT IS MADE UNDER AND WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS (EXCEPT THAT BODY OF LAW CONTROLLING CONFLICTS OF LAW) AND SPECIFICALLY EXCLUDING FROM APPLICATION TO THIS AGREEMENT THAT LAW KNOWN AS THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN TEXAS, AND EACH PARTY IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. You may not sell, assign or transfer its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of Brosin Companies LLC/ORWARE Networks, and any attempted assignment or delegation without such consent will be void. Brosin Companies LLC/ORWARE Networks may assign this Agreement in whole or part. Brosin Companies LLC/ORWARE Networks also may delegate the performance of certain Services to third parties. All notices, demands, requests or other communications required or permitted under this Agreement shall be deemed given when delivered personally, sent by facsimile upon confirmation, sent and received by return receipt email, or upon receipt of delivery of overnight mail. You and Brosin Companies LLC/ORWARE Networks are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between you and Brosin Companies LLC/ORWARE Networks. This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter.

Survival.
All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations will survive the termination or expiration of the Agreement.