GILIW.

COM
Virtual DataCenter Service Agreement

Last Revised: January 4, 2012

1. OVERVIEW

This Virtual DataCenter Service Agreement (this “Agreement”) is entered into by and between
GILIW.COM, a/an AZ individual ("GILIW.COM") and you, and is made effective as of the date of
electronic acceptance. This Agreement sets forth the terms and conditions of your use of GILIW.COM’s
Virtual DataCenter services (“Virtual DataCenter” or the “Services”).

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and
agree to be bound by this Agreement, along with (i) GILIW.COM’s Universal Terms of Service Agreement,
and (ii) any plan limits, product disclaimers or other restrictions presented to you on the Virtual DataCenter
landing page of the GILIW.COM website or the Virtual DataCenter website (individually and collectively,
this “Site”), both (i) and (ii) of which are incorporated herein by reference.

The terms “we”, “us” or “our” shall refer to GILIW.COM. The terms “you”, “your”, “User” or “customer”
shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be
deemed to confer any third-party rights or benefits.

You acknowledge and agree that (i) GILIW.COM, in its sole and absolute discretion, may change or modify
this Agreement, and any policies or agreements which are incorporated herein, at any time, and such
changes or modifications shall be effective immediately upon posting to this Site, and (ii) your use of this
Site or the Services found at this Site after such changes or modifications have been made (as indicated by
the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last
revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use)
this Site or the Services found at this Site. In addition, GILIW.COM may occasionally notify you of
changes or modifications to this Agreement by email. It is therefore very important that you keep your
shopper account (“Shopper Account”) information, including your email address, current. GILIW.COM
assumes no liability or responsibility for your failure to receive an email notification if such failure results
from an inaccurate or out-of-date email address.

2. Description of services

Virtual DataCenter is a virtual dedicated hosting service that allows you the flexibility to configure capacity
up or down by commissioning or decommissioning one or multiple server instances, as your computing
requirements change, with minimal downtime.

3. availability of serviceS

GILIW.COM offers a service uptime (“Service Uptime”) guarantee for Virtual DataCenter of 99.9%. If
GILIW.COM fails to maintain this level of service availability, you may contact GILIW.COM and request a
credit of 5% of your Virtual DataCenter fees from GILIW.COM for that month. The credit may be used
only for the purchase of other products and services from GILIW.COM, and is exclusive of any applicable
taxes. In addition, the Service Uptime guarantee shall not apply to:

Service interruptions caused by you from custom scripting, coding, or configurations;

Service interruptions caused by you from the installation of third-party applications;
Service interruptions that do not prevent visitors from accessing your website, but merely affect your
ability to make changes to your website, including but not limited to, changes via mechanisms such as file
transfer protocol (“FTP”) and email;
Service interruptions related to the reliability of certain programming environments;
 Service interruptions caused by periodic maintenance, repairs or replacements that GILIW.COM may
undertake from time to time; or
Service interruptions beyond the reasonable control of GILIW.COM or that are not reasonably
foreseeable by GILIW.COM, including, but not limited to, interruption or failure of telecommunication or
digital transmission links, hostile network attacks, network congestion or other failures.

Service Uptime shall be (a) determined by GILIW.COM in its sole and absolute discretion and (b)
measured from the time your server is able to boot up (including time dedicated to booting up or shutting
down). Specifically, Service Uptime shall be based on the availability of the host environment on which
your virtual servers operate, not on the availability of the virtual servers themselves, which are controlled
exclusively by you.

4. treatment of ip addresses; justification, migration and termination of services

Justification of Services. You acknowledge and agree that GILIW.COM shall have the right to seek
justification in connection with your use of the Services, specifically your use of internet protocol (“IP”)
addresses, and you shall be obligated to provide any and all information reasonably sought by GILIW.COM
pursuant to such justification. You acknowledge and agree that you are required to begin using at least 90%
of your assigned IP addresses within thirty (30) days of assignment of such IP addresses to you. In the
event you do not begin using at least 90% of your assigned IP addresses within such thirty (30) day period,
you acknowledge and agree that GILIW.COM shall have the right to reclaim any unused IP addresses after
the expiration of such thirty (30) day period. Further, you acknowledge and agree that your name and
justification may be disclosed to certain registries, including, but not limited to, the American Registry for
Internet Numbers (“ARIN”) in accordance with policies promulgated by any and all such registries and
such information may be displayed publicly on the “Whois” database.

Migration of Services. You acknowledge and agree that from time to time, it may be necessary for
GILIW.COM to migrate its servers. As a result, even though you may have a dedicated IP address, you
may be assigned a different IP address. GILIW.COM does not warrant that you will be able to consistently
maintain your given IP address.

Termination of Services. You acknowledge and agree that upon expiration or termination of this
Agreement, you must discontinue use of the Services and relinquish use of the IP addresses and server
names assigned to you by GILIW.COM in connection with Services, including pointing the domain name
system (“DNS”) for your domain name(s) away from GILIW.COM. In addition, it is your responsibility to
migrate your server content from Virtual DataCenter. GILIW.COM will not transfer your server content
from a GILIW.COM server to a non-GILIW.COM server or hosting service.

5. server content

You shall be solely responsible for uploading, updating and maintaining your server and any and all files,
pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or
through your server, including, without limitation, trade or service marks, photographs, images,
illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names,
software, programs and text. Your server content shall also include any registered domain names provided
by you or registered on behalf of you in connection with the Services.

6. MONITORING OF CONTENT; use restrictions

GILIW.COM generally does not pre-screen server content hosted with GILIW.COM. However,
GILIW.COM reserves the right (but undertakes no duty) to do so and decide whether any content is
appropriate and/or complies with this Agreement.

You specifically represent and warrant to GILIW.COM that you shall not:

Use the Services in connection with any illegal activity;

 Overload GILIW.COM’s DNS or servers (through the use of software, scripts or otherwise);
Use GILIW.COM’s servers as a source, intermediary, reply to address, or destination address for mail
bombs, internet packet flooding, packet corruption, denial of service, or other abusive activities;
Include information (including links containing such information) about hacking or the perpetration of
other security breaches on your website;
Use your website as an anonymous gateway;
Disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email, or
unreasonably large volumes of email on a daily basis, provided, GILIW.COM, in its sole and absolute
discretion, may permit you, if you have a legitimate purpose and after request, to send more email than
GILIW.COM’s standard simple mail transfer protocol (“SMTP”) relay limit;
Disseminate or transmit any material that, to a reasonable person may be abusive, obscene,
pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
Disseminate or transmit files, graphics, software or other material, data or work that actually or
potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any
person;
Create a false identity or otherwise attempt to mislead any person as to the identity, source or origin of
any communication;
Export, re-export or permit downloading of any message or content in violation of any export or import
law, regulation or restriction of the United States and its agencies or authorities, or without all required
approvals, licenses and/or exemptions;
Interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or
account for which you do not have authorization to access or at a level exceeding your authorization;
Disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code
or program;
Engage in any other activity deemed by GILIW.COM to be in conflict with the spirit or intent of this
Agreement or any GILIW.COM policy; or
Use your server as an “open relay” or similar purposes.

7. access to CONTENT; backup practices; access to appliances

Customer Access To Content. You will not have access to your server content or data stored on Virtual
DataCenter if your access to Virtual DataCenter has been suspended or terminated.

Backup Practices. GILIW.COM backs up Virtual DataCenter on a periodic basis so that we are able to
more quickly restore the Services in the event of a failure. These backups are made on a snap-shot basis
and, therefore, capture only the information that exists on the system at the time of the backup. In addition,
we may destroy all but the most recent backup. These backups may not be available to you or, if available,
may not be useful to you outside of Virtual DataCenter. Although Virtual DataCenter may be used as a
backup service, you agree that you will maintain at least one additional current copy of your server content
and data stored on Virtual DataCenter somewhere other than on Virtual DataCenter.

In addition, if GILIW.COM terminates your access to Virtual DataCenter, your server content will remain
on our system for up to seventy-two (72) hours, but the data may not be restorable. After seventy-two (72)
hours, GILIW.COM may, in its sole and absolute discretion, remove and destroy any remaining data stored
on its servers.

GILIW.COM Access To Appliances. Virtual DataCenter provides appliances (such as load balancing and
port forwarding) that may be accessed by you programmatically via the control panel or via an application
programming interface (“API”), but not directly. Because you will not have direct access to these
appliances, you may not be able to troubleshoot technical issues or address suspected or actual security
breaches without assistance from GILIW.COM. You acknowledge and agree that in the event you require
assistance from GILIW.COM to troubleshoot technical issues or investigate suspected or actual security
breaches, GILIW.COM may access such appliances to monitor, diagnose or verify their configuration.

8. security limitations; sensitive information

Virtual DataCenter is not intended to provide a payment card industry (“PCI”) compliant environment, and
therefore should not be considered one. Accordingly, you may not use Virtual DataCenter to process
payment card information. GILIW.COM reminds you that your server content and account information is
only as secure as you keep it. You are solely responsible for the activity that occurs on your account,
whether authorized by you or not, and you must keep your account information secure, including without
limitation your account password. GILIW.COM expressly disclaims any liability or responsibility for any
unauthorized use of or access to your account information.

9. public recursive dns service

GILIW.COM prohibits the running of a public recursive DNS service on any GILIW.COM server. All
recursive DNS servers must be secured to allow only internal network access or a limited set of IP
addresses. GILIW.COM actively scans for the presence of public recursive DNS services and reserves the
right to remove any servers from the network that violate this restriction.

10. provisioning of operating system; third-party software

The Services may be operated in both Linux® and Windows® environments. Each time you commission a
server, GILIW.COM will provision the server with the operating system you choose. Accordingly, as part
of the Services, you may be allowed to use certain software or applications developed and owned by third-
party providers as GILIW.COM may contract with from time to time (“Third-Party Software”).

GILIW.COM reserves the right to modify, change, or discontinue the Third-Party Software at any time, and
you agree to cooperate in performing such steps as may be necessary to install any updates to the Third-
Party Software.

The Third-Party Software is neither sold nor distributed to you, and you may use the Third-Party Software
solely as part of the Services. You may not use the Third-Party Software outside of the Services.
GILIW.COM may provide your personal information to third-party providers as required to provide the
Third-Party Software.

You acknowledge and agree that your use of the Third-Party Software is subject to GILIW.COM’s
agreement(s) with the third-party providers. In addition, if the Third-Party Software is accompanied by or
requires consent to a service or license agreement from the third-party provider, your use of the Third-Party
Software is subject to such service or license agreement. You may not download, install, or use any Third-
Party Software that is accompanied by or requires consent to a service or license agreement from a third-
party provider unless you first agree to the terms and conditions of such service or license agreement.

You may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that
are contained in or on the Third-Party Software. You may not reverse engineer, decompile, or disassemble
the Third-Party Software, except and only to the extent that such activity is expressly permitted by
applicable law.

You acknowledge and agree that the third-party providers (and their affiliates and suppliers) make no
representations or warranties about any Third-Party Software offered in connection with the Services, and
expressly disclaim any liability or damages (whether direct, indirect, or consequential) arising from the use
of the Third-Party Software. You acknowledge and agree that any Third-Party Software will be supported
by GILIW.COM, and not by the third-party providers (or their affiliates or suppliers).

11. unpaid Services; paid services

The Services covered by this Agreement may include services that GILIW.COM makes available free of
charge (“Unpaid Services”) and services that GILIW.COM makes available for a fee (“Paid Services”).
You acknowledge and agree that Unpaid Services may have fewer features and more limited functionality
than Paid Services.
In the event that you purchase Paid Services (or upgrade from Unpaid Services to Paid Services), you agree
to pay any fees required for such Paid Services in accordance with your applicable Services plan and the
Universal Terms of Service Agreement.

12. trial Services

From time to time, GILIW.COM may offer free trials of Paid Services (“Trial Services”) to customers for
the purpose of letting customers experience Paid Services before committing to paying a fee. You agree
that you shall not (i) open more than one Trial Services Account at the same time or (ii) open a new Trial
Services Account upon the expiration or termination of your original Trial Services Account. GILIW.COM
reserves the right to discontinue the offering of Trial Services at any time and without notice.

One type of Trial Services Account requires payment information at the time of sign-up. This type of Trial
Services Account automatically converts to a Paid Services Account at the end of the trial period (“Trial
Period”). If you do not close your Trial Services Account by the end of the Trial Period, monthly charges
will apply.

Another type of Trial Services Account requires no payment information at the time of sign-up. However,
unless you convert your Trial Services Account to a Paid Services Account after the end of the Trial Period,
GILIW.COM reserves the right to discontinue your Trial Services Account at such time and delete all your
account information without notice. GILIW.COM expressly disclaims any liability or responsibility for
any loss or damage arising from or related to its deletion of your account information.

In the event that you purchase Paid Services (or upgrade from Trial Services to Paid Services), you agree to
pay any fees required for such Paid Services in accordance with your applicable Services plan and the
Universal Terms of Service Agreement.

13. Beta Services

From time to time, GILIW.COM may offer new Services (or new features to existing Services) in a pre-
release version. New Services that are offered in a pre-release version shall be known as “Beta Versions”.
New features to existing Services that are offered in a pre-release version shall be known as “Beta
Features”. Beta Versions and Beta Features shall be known, individually and collectively, as “Beta
Services”. If you elect to use any Beta Services, then your use of the Beta Services is subject to the
following terms and conditions:

You acknowledge and agree that the Beta Services are pre-release versions and may not work properly.
You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of
operational failures.
You should not use the Beta Services in production or mission critical environments.
GILIW.COM reserves the right to modify, change, or discontinue any aspect of the Beta Services at any
time.
Commercially released versions of the Beta Services may change substantially, and programs that use or
run with the Beta Services may not work with the commercially released versions or subsequent releases.
You are not entitled to a Service Uptime guarantee for the Beta Services.
GILIW.COM may limit availability of customer service support time dedicated to support of the Beta
Services.
You acknowledge and agree to provide prompt feedback regarding your experience with the Beta
Services in a form reasonably requested by us, including information necessary to enable us to duplicate
errors or problems you experience. You acknowledge and agree that we may use your feedback for any
purpose, including product development purposes. At our request you will provide us with comments that
we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your
feedback or arising from your use of the Beta Services shall be owned exclusively by GILIW.COM.
You acknowledge and agree that all information regarding your use of the Beta Services, including your
experience with and opinions regarding the Beta Services, are confidential, and may not be disclosed to a
third party or used for any purpose other than providing feedback to GILIW.COM.
 The Beta Services are provided “as is”, “as available”, and “with all faults”.
To the fullest extent permitted by law, GILIW.COM disclaims any and all warranties, statutory, express
or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title,
merchantability, fitness for a particular purpose and non-infringement.

14. plan limits; Account termination; additional usage fees

GILIW.COM reserves the right to freeze or terminate your access to Virtual DataCenter, or take any other
measures deemed to be appropriate (as determined by GILIW.COM in its sole and absolute discretion), at
any time and without prior notice, to enforce this Agreement or to ensure the stability of its network.

You acknowledge and agree that Virtual DataCenter (including, but not limited to, Unpaid Services, Paid
Services, Trial Services, and Beta Services) may be offered with different plan levels or plan limits. These
plan limits will be presented to you on the Virtual DataCenter landing page of this Site. Your electronic
acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound
by such plan limits.

If your account usage exceeds your plan-specific limits, you must either (i) upgrade to a plan level that
sufficiently meets your account usage, or (ii) reduce your account usage so that it remains within your plan
level. Should you fail to take one of these two actions, GILIW.COM reserves the right to (a) charge
additional usage fees to your account or (b) terminate your account. Account usage determinations shall be
made by GILIW.COM in its sole and absolute discretion. Unless otherwise specified, unused monthly
allotments shall not accrue or carry over from month to month.

Upon termination of the Services, any additional usage fees and/or past due balances will be presented to
you in the shopping cart from within the Virtual DataCenter application. You agree to pay any additional
usage fees and/or past due balances at such time. If you exit the Virtual DataCenter application without
paying the additional usage fees and/or past due balances, you agree that GILIW.COM may automatically
charge the Payment Method on file for your Shopper Account. If for any reason GILIW.COM is unable to
charge the Payment Method on file for your Shopper Account for the full amount owed, or if GILIW.COM
is charged a penalty for any fee it previously charged to your Payment Method, you agree that
GILIW.COM may pursue all available lawful remedies in order to obtain payment. Please refer to the
Universal Terms of Service Agreement for further details.

15. titles and headings; independent covenants; severability

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be
utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each
covenant and agreement in this Agreement shall be construed for all purposes to be a separate and
independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of
a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions
(or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid
and enforceable to the fullest extent permitted by law.

16. DEFINITIONS; CONFLICTS

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal
Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and
the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.

Revised: 1/4/2012
Copyright © 2011-2012 All Rights Reserved.