network access

1) GENERAL

This Agreement, sets forth the terms and conditions that apply to use of iodatacenters.com by a visitor to iodatacenters.com (“User”). By using iodatacenters.com (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use iodatacenters.com is personal to User and is not transferable to any other person or entity.  i/o Data Centers shall have the right at any time to change or discontinue any aspect or feature of iodatacenters.com.

2) CHANGED TERMS

iodatacenters.com shall have the right at any time to change or modify the terms and conditions applicable to User's use of iodatacenters.com.   Such changes, shall be effective immediately upon notice thereof, which may be given by posting on iodatacenters.com.. Any use of iodatacenters.com by User after such notice shall be deemed to constitute acceptance by User of such changes.

3) USER CONDUCT

a) User shall use iodatacenters.com for lawful purposes only.  Any conduct by a User that in i/o Data Centers discretion restricts or inhibits any other User from using or enjoying iodatacenters.com will not be permitted.

b) User shall not use or permit or facilitate others to use the service by automated electronic processes, “robots,” “spiders,” “scrapers,” “webcrawlers,” or other computer programs that monitor, copy or download data or other content found on or accessed through the website service.

 c) i/odatacenters.com contains copyrighted material, trademarks and other proprietary information and the entire contents of iodatacenters.com are copyright protected as a collective work under United States copyright laws. User may not modify, publish, transmit, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of i/o Data Centers. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

4) DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.

a) User expressly agrees that use of iodatacenters.com is at User's sole risk. Neither i/o Data Centers nor its directors, employees or agents, warrant that iodatacenters.com will be uninterrupted or error free.

b) Iodatacenters.com is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.

c) In no event will i/o Data Centers or any person or entity involved in creating, producing or distributing iodatacenters.com be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use iodatacenters.com.

5) INDEMNIFICATION

User agrees to defend, indemnify and hold harmless i/o Data Centers and is affiliates and each of their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of iodatacenters.com by User.

6) TERMINATION

Either i/o Data Centers or User may terminate this Agreement at any time.
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7) MISCELLANEOUS.

a) This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws rules.  The parties agree to jurisdiction in Maricopa County, Arizona. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b) User must file any claim or cause of action arising out of or related to use of iodatacenters.com or these Terms of Use within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary; and

c) The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Version 1.1. September 1, 2007