Master Service Agreement

This Master Service Agreement (“Agreement”) is entered into by and between Ark Networks LLC, a Delaware limited liability company (“Ark Networks,” “we,” “us,” or “our”), and the entity or individual agreeing to these terms (“Customer,” “you,” or “your”). This Agreement governs your use of Ark Networks’ services, including IP Connectivity, Colocation, Web Hosting, Dedicated Servers (Bare Metal), VPS, IPv4 Leasing, CDN, and DDoS Protection (collectively, the “Services”).

By using our Services, you agree to these terms. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind that entity.

1. SERVICES

1.1 Service Provision

Ark Networks will provide the Services as specified in the applicable Service Order or online subscription. Services are provided subject to the terms of this Agreement and any applicable Service Level Agreement (SLA), which may be included in an Addendum.

1.2 Modifications to Services

Ark Networks may enhance, modify, or discontinue Services from time to time. We will use reasonable efforts to notify you in advance of significant changes.

2. TERM AND TERMINATION

2.1 Term

This Agreement begins on the Effective Date and remains in effect until terminated. Service-specific terms may be outlined in an order form or subscription agreement.

2.2 Termination by Either Party

Either party may terminate this Agreement or any Service Order:
(a) Upon 30 days’ written notice if the other party breaches a material term and fails to cure the breach within the notice period.
(b) Immediately if the other party becomes insolvent, enters bankruptcy, or ceases business operations.

2.3 Effects of Termination

Upon termination, you must cease all use of the Services. Any outstanding fees remain due, and prepaid amounts are non-refundable unless otherwise specified.

3. FEES AND PAYMENT

3.1 Fees

You agree to pay all applicable fees as specified in your Service Order or pricing agreement. Fees are non-refundable except as expressly stated in this Agreement.

3.2 Payment Terms

(a) Payments are due at the time of invoice issuance, and no later than 21 calendar days.
(b) Late payments may incur a 5% late fee per month on overdue amounts.
(c) If you dispute an invoice, you must notify us in writing before the due date.

3.3 Suspension for Non-Payment

If payment is not received within 42 calendar days after the due date, we may suspend or terminate your Services.

4. ACCEPTABLE USE POLICY (AUP)

You agree to comply with our Acceptable Use Policy (AUP), which prohibits:

• Illegal activities, including copyright infringement and fraud.

• Use of Services to transmit malicious content (e.g., malware, spam, phishing).

• Excessive consumption of network resources in a manner that degrades service for others.

Ark Networks reserves the right to investigate violations and take corrective actions, including suspension or termination of Services.

5. CUSTOMER RESPONSIBILITIES

You are responsible for:

• Ensuring your use of Services complies with applicable laws.

• Maintaining security for systems and data hosted on our infrastructure.

• Keeping account credentials confidential.

6. WARRANTIES AND DISCLAIMERS

6.1 Mutual Warranties

Both parties warrant that they have the legal authority to enter into this Agreement.

6.2 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(a) ARK NETWORKS’ LIABILITY IS LIMITED TO THE FEES PAID FOR THE AFFECTED SERVICE IN THE PAST SIX (6) MONTHS.
(b) WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

8. INDEMNIFICATION

You agree to indemnify and hold Ark Networks harmless from any claims, damages, or losses arising out of:

• Your breach of this Agreement.

• Your use of the Services in violation of applicable laws.

• Any content or data you transmit via our network.

9. CONFIDENTIALITY

Each party agrees to keep confidential information disclosed under this Agreement confidential and use it only for purposes permitted by this Agreement.

10. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement is governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any disputes shall be resolved through binding arbitration in Dover, Delaware, except for claims seeking injunctive relief.

11. MISCELLANEOUS

• Force Majeure: Neither party is liable for delays due to causes beyond their control.

• Assignment: You may not assign this Agreement without our written consent.

• Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes prior agreements.

• Amendments: Ark Networks may update these terms with notice. Continued use of Services constitutes acceptance of updates.