Terms & Conditions

1. Illegal Activities

Subscriber may not use FDC's services for any illegal purpose or in support of illegal activities. This prohibition includes, but is not limited to, transmitting, distributing, downloading, copying, caching, hosting, or storing any data, information, or content that, in FDC's sole determination, constitutes a violation of any applicable law, regulation, ordinance, or court order. Subscriber is solely responsible for determining which laws, regulations, ordinances, and court orders apply to their use of FDC's services.

2. Provision of Service

FDC's provision of service to Subscriber, and Subscriber's acceptance and use of said service, constitute Subscriber's acceptance of and agreement to this Terms of Service Agreement ("TOS Agreement") as well as FDC's Acceptable Use Policy ("AUP"), which is incorporated herein by reference. This TOS Agreement, including the AUP, constitutes the entire agreement between the parties and supersedes any prior agreements.

Order Verification

All orders are subject to additional verification, which may include, but is not limited to: telephone voice confirmation, additional business email addresses, website verification, and additional payment methods such as a bank account or PayPal account. FDC reserves the right to decline any order for any reason, and any payment received for a declined order will be refunded in a timely manner.

3. Cancellation of Service

FDC reserves the right to cancel this TOS Agreement and permanently disconnect service at any time. Where practicable and except in cases of AUP violations or illegal activity, FDC will endeavor to provide at least five (5) days' prior notice of cancellation.

Subscriber may cancel service by opening a help ticket through the helpdesk at https://portal.fdcservers.net at least fourteen (14) days prior to Subscriber's next monthly billing date. FDC will not honor cancellation requests made by any other means of communication.

To be eligible for cancellation, Subscriber must be current on all payments and must have all account information available at the time of the request. It is Subscriber's responsibility to separately confirm that FDC has received the cancellation request, and to make arrangements to retrieve any Subscriber-owned server equipment from FDC's facility.

Note: IP Transit, BGP, and whole-rack services require two (2) months' cancellation notice.

4. Disconnection of Service

In addition to FDC's right to cancel service at any time, FDC reserves the right to temporarily suspend service to Subscriber under the following circumstances:

4.1 Non-Payment

If Subscriber fails to timely pay any fee or amount due, FDC will first send Subscriber an email indicating that the account is overdue and advising that service may be terminated if payment is not received within twenty-four (24) hours.

4.2 Suspected Violations

If FDC, in its sole discretion, detects a potential violation of this TOS Agreement or the AUP, service (including all services across all of Subscriber's accounts) may be suspended without notice until FDC's investigation is complete. FDC will attempt to complete such investigation within a reasonable time period.

Subscriber will not be credited for any period during which service is suspended, interrupted, or terminated.

5. FDC's Monitoring Obligations

FDC is under no obligation to review Subscriber's or Subscriber's Sub-Users' activities to determine if a violation of this TOS Agreement or the AUP has occurred. FDC does not assume any responsibility to monitor, enforce, or police Internet-related activities, or to notify Subscriber of any actual or suspected violations.

6. Amendment

FDC reserves the right to amend this TOS Agreement (including the AUP) at any time, in its sole discretion. Notice of amendments will be posted on FDC's website at https://fdcservers.net. Subscriber's continued use of FDC's services after any amendment is posted constitutes Subscriber's acceptance of that amendment. FDC may, in addition and at its discretion, announce material amendments by email to Subscriber's account email address on file; any failure or omission of such email announcement shall not affect the validity or effectiveness of any amendment posted on FDC's website.

It is solely Subscriber's responsibility to regularly review this TOS Agreement and FDC's AUP for any amendments or updates. FDC is under no obligation to individually notify Subscriber of any changes. Failure to review this TOS Agreement does not relieve Subscriber of their obligation to comply with it as amended, and shall not constitute grounds for early cancellation, non-payment, or any claim against FDC.

7. Assignment

Subscriber may not transfer or assign this TOS Agreement without FDC's prior written consent. FDC may transfer and assign this TOS Agreement, the service, and all of FDC's rights and interests thereunder at any time without consent from or notice to Subscriber.

8. Waiver

FDC's waiver of any breach of this TOS Agreement shall not be construed as a continuing or subsequent waiver of that breach or as a waiver of any breach of any other term or condition.

9. Compliance with Law

FDC provides services from data center facilities located in the United States and in other countries around the world. Each service is subject to the laws of the jurisdiction in which it is provisioned, in addition to the laws that otherwise apply to Subscriber and to Subscriber's use of the service.

Subscriber agrees to comply, and to ensure that Subscriber's Sub-Users comply, with: (a) all applicable laws, statutes, ordinances, and regulations of the country, state, province, and locality in which the service, server, or equipment is provisioned or located; (b) all applicable United States laws — including U.S. export control and economic sanctions laws — which may apply to the services regardless of where they are provisioned; and (c) all applicable laws of any other jurisdiction relevant to Subscriber's use of the service, including the jurisdictions in which Subscriber operates and in which Subscriber's end users are located.

Subscriber is solely responsible for determining which laws apply to its use of each service. FDC may suspend or terminate any service that FDC reasonably believes is being used in violation of the laws of the jurisdiction in which it is provisioned or of any other applicable law, without liability to Subscriber.

10. Choice of Law / Jurisdiction / Venue / Statute of Limitations

This TOS Agreement shall be construed in accordance with the laws of the State of Delaware applicable to contracts enforceable in that state. By entering into this TOS Agreement, Subscriber submits to the exclusive jurisdiction and venue of the courts of Delaware for any dispute related to or arising out of this TOS Agreement.

IMPORTANT: Any claim or cause of action arising out of this TOS Agreement must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred. Subscriber acknowledges that this limitation period may be shorter than the default statutory period in their jurisdiction.

11. Responsibilities and Liability

11.1 Subscriber's Indemnification Obligations

Subscriber shall fully defend, indemnify, and hold harmless FDC and its managers, members, employees, affiliates, attorneys, agents, contractors, and licensors (collectively "FDC Parties") against any loss, damage, cost, or expense, or any claim made or threatened by any third party, arising from: (a) Subscriber's violation of this TOS Agreement or the AUP; or (b) any violation by Subscriber's Sub-Users. Subscriber shall pay any damages awarded against FDC Parties, plus reasonable attorneys' fees and costs.

11.2 Limitation of Liability

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IN NO EVENT SHALL FDC OR ANY OF THE FDC PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO: (A) SUBSCRIBER'S USE OR INABILITY TO USE THE SERVICE; (B) ANY LOSS OR DAMAGE TO SUBSCRIBER'S SYSTEMS OR DATA; (C) THE COST OF PROCURING SUBSTITUTE SERVICES; (D) UNAUTHORIZED ACCESS TO SUBSCRIBER'S ACCOUNT; OR (E) ANY THIRD-PARTY CONDUCT, INCLUDING BUT NOT LIMITED TO CYBERATTACKS, RANSOMWARE, DATA BREACHES, OR AI-DRIVEN THREATS. THIS LIMITATION APPLIES EVEN IF FDC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FDC'S TOTAL AGGREGATE LIABILITY TO SUBSCRIBER FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS TOS AGREEMENT OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY SUBSCRIBER TO FDC FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.

THE FOREGOING LIMITATIONS OF LIABILITY APPLY TO ALL SERVICES EXCEPT AS EXPRESSLY LIMITED BY SECTION 24.1 WITH RESPECT TO LONGER-TERM COMMITMENTS.

11.3 Content Responsibility

FDC takes no responsibility for any data, information, or content transmitted, stored, linked to, or served through Subscriber's server. Subscriber is entirely responsible for all such content.

11.4 Subscriber's Network Security

Subscriber is solely responsible for ensuring that its own network and those of Subscriber's Sub-Users are configured securely. Subscriber is solely responsible for any intrusions into or security breaches of its server computers, networks, or systems, including any acts or omissions by third parties using Subscriber's service.

11.5 Disclaimer of Warranties

FDC AND THE FDC PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION PROVIDED BY FDC SHALL CREATE ANY WARRANTY.

11.6 Indemnification for Legal Process and Governmental Action

Subscriber shall defend, indemnify, reimburse, and hold harmless FDC and all FDC Parties from any claim, demand, investigation, proceeding, loss, liability, damage, fine, penalty, cost, or expense arising from Legal Process (as defined in Section 17), governmental action, or an investigation relating to Subscriber, Subscriber's services, Subscriber's equipment, Subscriber's content, or a Subscriber Sub-User.

This obligation includes reasonable attorneys' fees, court costs, data-center charges, remote-hands charges, employee time, copying and imaging costs, storage, transportation, shipping, restoration, and other compliance expenses, to the extent permitted by applicable law.

FDC may invoice these amounts at its then-current rates. These obligations survive suspension, cancellation, or termination of service.

12. Subscriber Contact Information, Updates & ID

Subscriber must maintain accurate, current, and complete contact information in the client portal at https://portal.fdcservers.net, including email, telephone, fax, and street address. Subscriber must update this information immediately upon any change. Subscriber also agrees to provide photo identification prior to any visit to FDC's data center.

FDC may suspend or terminate service if Subscriber's contact information is found to be outdated, incorrect, or otherwise insufficient (including non-working phone numbers or full voicemail boxes).

13. Age / Legal Authority

If Subscriber is an individual, Subscriber must be at least eighteen (18) years of age. By entering into this TOS Agreement, Subscriber represents and warrants that they meet this requirement. If Subscriber is an entity, Subscriber represents and warrants that it has full legal authority to enter into this TOS Agreement.

14. Payment Information

14.1 Service Rates

The nature of the service and associated rates and fees have been communicated to Subscriber by FDC. FDC may amend its rates and fees at any time at its discretion. Notice of any rate change will be provided by email to the Subscriber's account email address on file. Rate changes will become effective as outlined in the notice email.

14.2 Payment

FDC may charge a one-time, pre-agreed setup fee before establishing service. Thereafter, Subscriber agrees to pay a monthly service charge in advance on each monthly anniversary date. FDC may automatically charge Subscriber's credit card up to five (5) days before the due date to ensure timely receipt of payment.

14.3 Invoicing

FDC does not automatically issue invoices. Subscribers may log into their account at https://portal.fdcservers.net to generate an invoice at any time.

14.4 Refunds and Disputes

All payments made to FDC by Subscriber are non-refundable, including setup fees and monthly charges, regardless of usage. Exceptions apply only to prorated refunds issued under Section 24. Subscriber is responsible for reviewing all charges upon each billing cycle. Any overcharges, billing errors, or payment disputes must be reported to FDC within sixty (60) days of the charge date by opening a support ticket at https://portal.fdcservers.net. FDC will not issue any refund, credit, or adjustment for any overcharge or billing error reported more than sixty (60) days after the charge date. FDC will not accept dispute notifications made by phone, email, or any other means outside of the client portal ticketing system.

If Subscriber disputes a charge with their credit card issuer that FDC deems valid under this TOS Agreement, Subscriber shall pay the disputed charge plus an Administrative Fee of not less than $50.00 and not more than $150.00.

14.5 Payment Declination Fee

If Subscriber's credit card or any payment is declined or rejected for any reason, FDC may charge a $15.00 administrative fee per occurrence.

14.6 Late Fees

If any amount due to FDC is not paid by its due date, the total past-due balance shall accrue a late charge at the rate of one and one-half percent (1.5%) per month, calculated and accruing daily from the original due date until the balance is paid in full (equivalent to eighteen percent (18%) per annum), subject to a minimum late charge of $20.00 per past-due invoice — and in no event exceeding the maximum rate or amount permitted by applicable law. Late charges are in addition to, and not in place of, FDC's other remedies, including suspension or termination under Section 4.

Suspension of service does not relieve Subscriber of any payment obligations. Subscriber remains responsible for all costs of collection of past-due amounts, including reasonable attorneys' fees and collection-agency charges, to the extent permitted by applicable law.

14.7 Payment Method Rates

FDC offers discounted pricing at the time of service enrollment across all accepted payment methods. Future payments made via credit card or PayPal may be subject to a price increase of up to 3.5%. FDC will provide written notice of any pricing adjustment prior to the next applicable billing cycle.

14.8 Prepaid & Promotional Services

FDC reserves the right to cancel any prepaid or promotional service plan upon 30 days' written notice. In the event of such cancellation, FDC will refund the prorated value of any unused portion of the remaining service term.

15. Service and Support

15.1 Support Availability

FDC offers technical support 24 hours a day, 7 days a week, 365 days a year, without exception, save only for interruptions caused by events beyond FDC's reasonable control, such as acts of God, natural disasters, acts of terrorism, war, or similar force majeure events (see Section 26). All support requests must be submitted by opening a help ticket at https://portal.fdcservers.net. It is Subscriber's responsibility to confirm that the request has been received by FDC staff within the portal ticketing system. Support response times may vary and are not guaranteed unless expressly agreed by FDC in a separate written service-level agreement.

15.2 Unmanaged Service

Subscriber's server computers are unmanaged. FDC's support obligation is limited to ensuring that the service is online and remotely accessible. FDC does not provide application-specific technical support, and does not provide support to Subscriber's Sub-Users.

15.3 No Warranty / No Guarantee of Uptime

FDC does not guarantee that the service will be free from errors, omissions, corruption, attack, viruses, interference, delays, or any other interruption (collectively "Service Faults"). FDC's limitation of liability described in Section 11.2 applies fully to any Service Fault.

16. Unauthorized Use of Account

Subscriber shall not share account credentials with any unauthorized party. Subscriber is responsible for maintaining the confidentiality and security of their account and must immediately notify FDC of any unauthorized access or security breach. FDC is not responsible for any activities that occur on or through Subscriber's account, including acts by third parties.

17. Legal Process, Government Requests, and Investigations

17.1 Legal Process Defined

FDC may receive subpoenas, search warrants, court orders, preservation requests, administrative demands, civil discovery requests, emergency disclosure requests, or other demands from courts, governmental authorities, regulatory bodies, or law enforcement agencies, collectively referred to as "Legal Process."

17.2 Disclosures

FDC may disclose Subscriber information, service records, traffic or access records, account information, stored information, or other information only as required or permitted by applicable law. FDC may require the requesting authority to provide Legal Process that FDC considers appropriate for the information or action requested.

17.3 Good-Faith Reliance

FDC may rely in good faith upon Legal Process that appears valid on its face and upon the identification and representations of the requesting authority. FDC is not obligated to contest, appeal, seek modification of, or provide legal representation concerning Legal Process, although FDC may do so at its discretion.

17.4 Compliance Actions

Where required or reasonably necessary to comply with Legal Process, FDC may preserve information; suspend, disconnect, or isolate services; restrict access; access, copy, export, or image data; relocate equipment; provide access to facilities; or surrender data, servers, storage media, components, or other equipment.

17.5 Notice to Subscriber

FDC may comply without prior or subsequent notice to Subscriber where notice is prohibited by law, restricted by Legal Process, or reasonably believed to risk evidence destruction, flight, harm, interference with an investigation, or violation of FDC's legal obligations. FDC may provide notice when legally permitted but has no contractual obligation to do so.

17.6 Emergency Disclosures

Where permitted by applicable law, FDC may disclose information to appropriate authorities when FDC reasonably and in good faith believes that disclosure is necessary to prevent an imminent danger of death or serious physical injury.

17.7 No Liability for Good-Faith Compliance

FDC will not be liable for any action or omission taken in good-faith response to Legal Process. This limitation includes any suspension, interruption, termination, loss of access, loss of data, loss of revenue, business interruption, damage, detention, imaging, confiscation, forfeiture, removal, or taking of equipment or information.

17.8 Scope Determined by Requesting Authority

The requesting authority is responsible for determining the scope of its Legal Process and identifying the property or information to be seized, searched, copied, preserved, or disclosed. FDC does not assume responsibility for the requesting authority's actions, decisions, handling, transportation, retention, return, damage, loss, or destruction of any property or information.

17.9 No Disclosure Where Prohibited

Nothing in this section requires FDC to disclose information or provide access where doing so would be prohibited by applicable law.

17.10 ARIN / WHOIS Directory

As may be required by ARIN or other regional Internet registry policies, FDC will provide Subscriber's contact information to the WHOIS directory. Residential Subscribers may request that FDC substitute Subscriber's name with FDC's name and withhold Subscriber's street address. Subscriber shall notify all Sub-Users of these disclosure terms.

For full information on how FDC collects, uses, and protects personal data, please refer to FDC's Privacy Policy at https://fdcservers.net/privacy-policy.

18. SPAM / Unsolicited Commercial Email (UCE/UBE)

DO NOT SPAM FROM YOUR ACCOUNT.

Subscriber may not use FDC's services to transmit, originate, or pass through any unsolicited commercial email (UCE) or unsolicited bulk email (UBE). Violations may result in the following penalties, which are cumulative and may be exercised concurrently:

• FDC may drop any IP space involved in SPAM, UCE, UBE, or Denial of Service (DoS) complaints.
• Subscriber will pay research fees of $175.00 per hour for FDC employee time spent investigating violations.
• First violation: Administrative Fee of $250.00.
• Second violation: Administrative Fee of $500.00 and immediate service cancellation.
• FDC may notify law enforcement if the violation is believed to constitute a criminal offense.

Important: Subscribers hosting websites or services that support spammers, or that result in any FDC IP space being listed in any spam database or blackhole list, will have their service immediately disconnected. Service will not be restored until Subscriber agrees to remove all offending material and grants FDC access to confirm complete removal.

19. Compliance with FDC's AUP

The AUP is an integral part of this TOS Agreement. Subscriber agrees to comply with the AUP and to take reasonable steps to ensure that all Sub-Users do the same. The AUP applies to all server computers, networks, devices, and systems under Subscriber's control.

FDC reserves the right to investigate actual, suspected, or alleged AUP violations, including the right to access data, content, and records on or associated with Subscriber's server computers. FDC will not be in breach of this TOS Agreement if its investigation causes Subscriber downtime or requires sequestration of Subscriber's equipment.

FDC may involve and cooperate with law enforcement in investigating violations. Subscriber shall cooperate with all civil and criminal investigations, including responding to discovery orders, subpoenas, freeze orders, search warrants, and any other legal process. FDC reserves the right to comply with any such process without notice to Subscriber, in accordance with Section 17 (Legal Process, Government Requests, and Investigations).

In addition to cancellation, FDC may take the following remedial actions for AUP violations:

• Disable access to content violating the AUP
• Remove DNS records from Subscriber's server computers
• Block email or other network services
• Effect IP address null routing
• Take direct action against Subscriber's Sub-Users
• Charge Subscriber for all costs related to remediation

Subscriber agrees to comply with all applicable terms, restrictions, legal requirements, and operational policies imposed by any upstream provider or third-party infrastructure partner used in connection with the services. Subscriber's failure to comply with such third-party requirements shall be deemed a violation of this TOS Agreement and may result in immediate suspension or termination of service.

20. IRC

FDC permits IRC services on its network, subject to all other terms of this TOS Agreement and the AUP, including prohibitions on botnet activity, DoS attacks, and other abusive IRC usage.

21. FDC's Remedies Cumulative / No Waiver

All remedies available to FDC under this TOS Agreement are cumulative and may be exercised concurrently or separately at any time. FDC's failure to exercise any remedy shall not constitute a waiver of that remedy or any other remedy.

22. FDC's Trademarks

All trademarks, service marks, logos, product names, and service names of FDC are the exclusive property of FDC. Subscriber shall not, and shall not permit any third party to, display or use FDC's trademarks in any manner without FDC's prior written permission.

23. Colocation Servers/Equipment and Insurance

FDC is not responsible for Subscriber's colocation equipment. Subscriber is solely responsible for fully insuring all colocation systems and data against destruction, damage, unavailability, or loss. Subscriber is also solely responsible for insuring any colocation equipment during shipment, handling, placement, and use, regardless of whether it is in FDC's possession.

Subscriber is solely responsible for properly packaging and removing colocation equipment from FDC's premises upon cancellation. FDC charges $75.00 plus shipping costs per package for domestic shipments of Subscriber's equipment. International shipping costs may be substantially higher.

23.1 Remote Hands

Remote hands services are available at FDC's data center locations. Fees for remote hands services vary by location and are billed in one-hour minimum increments. Current remote hands rates for each location are available upon request by opening a ticket at https://portal.fdcservers.net. FDC reserves the right to adjust remote hands rates at any time at its sole discretion.

23.2 Client Access

Access to colocation servers requires advance notice via a portal ticket and is not guaranteed. Clients with full cabinets may be provided access under certain conditions, including meeting applicable insurance requirements.

23.3 Abandoned Equipment

Any colocation server or equipment not removed within thirty (30) days after cancellation of this TOS Agreement will be considered abandoned and forfeited to FDC.

23.4 Governmental Seizure and Detention of Equipment

Subscriber bears all risk associated with the search, imaging, seizure, confiscation, detention, forfeiture, removal, damage, destruction, or unavailability of Subscriber-owned or Subscriber-controlled equipment resulting from Legal Process (as defined in Section 17) or governmental action.

Subscriber is solely responsible for maintaining current backups and sufficient insurance covering governmental seizure, confiscation, detention, removal, loss, damage, business interruption, data loss, and replacement costs.

FDC has no obligation to recover, replace, repair, insure, transport, or obtain the return of equipment taken or detained by a governmental authority. FDC does not guarantee that seized equipment or data will be returned or, if returned, that it will be complete, functional, or undamaged.

Governmental action or Legal Process will not constitute an FDC service fault or breach of contract. No service credit or refund will be issued for any interruption or loss resulting from such action. Recurring fees remain due until the affected service is canceled or terminated in accordance with this Agreement, unless otherwise required by law or agreed to by FDC in writing.

24. Longer-Term Commitments and Term Pricing

For purposes of this Agreement, a "longer-term commitment" means any service agreement with a minimum term of three (3) months or more. Customers who enter into a longer-term service commitment may qualify for discounted or promotional pricing ("Term Pricing"). Term Pricing is based on current operating costs and vendor pricing and may be adjusted by FDC in the event of increases in costs charged by upstream providers, vendors, or other third-party suppliers. FDC will endeavor to provide at least sixty (60) days' prior written notice of any such pricing adjustments.

If FDC discontinues or ceases offering services in the location where Customer's services are provided, FDC reserves the right to terminate such services upon sixty (60) days' prior written notice. In such event, FDC shall have no further liability arising from such termination.

Customers may be subject to a credit review and must maintain satisfactory credit standing, as determined by FDC in its sole discretion, to remain eligible for Term Pricing.

In the event FDC cancels a prepaid or promotional service for reasons other than Customer's breach of this Agreement, FDC will issue a prorated refund for the unused portion of the prepaid service term.

24.1 Limitation of Liability for Term Commitments

Notwithstanding any other provision of this Agreement, FDC's total liability to Customer for any individual service under a longer-term commitment, including any claim for damages, loss of business, lost profits, or any other loss arising from termination or interruption of that service, shall not exceed two (2) months of the monthly fee paid by Customer for that specific service. This cap applies on a per-service basis regardless of the number of services held under the same account, and regardless of the cause of action or theory of liability asserted.

25. Privacy Policy

FDC's collection, use, storage, and disclosure of personal data is governed by FDC's Privacy Policy, which is incorporated into this TOS Agreement by reference. By using FDC's services, Subscriber agrees to the terms of the Privacy Policy. The Privacy Policy is available at https://fdcservers.net/privacy-policy.

26. Force Majeure

FDC shall not be liable for any failure or delay in the performance of its obligations under this TOS Agreement to the extent such failure or delay is caused by circumstances beyond FDC's reasonable control, including but not limited to acts of God, natural disasters, fire, flood, pandemic, war, terrorism, civil unrest, labor disputes, government actions, seizure, detention, or confiscation of equipment or facilities by any governmental authority, sabotage, cyberattacks or other malicious acts of third parties (including AI-driven attacks), power or cooling failures, failures of utilities, shortages of equipment or supplies, internet infrastructure failures, or third-party service provider outages. FDC will use commercially reasonable efforts to restore service as soon as practicable.

27. DMCA / Copyright Takedown

FDC respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe that content hosted through FDC's services infringes your copyright, please submit a written notice to FDC's designated agent that includes:

• Your physical or electronic signature;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the infringing material and its location on the network;
• Your contact information;
• A statement of good-faith belief that the use is not authorized; and
• A statement, under penalty of perjury, that the information in the notice is accurate.

DMCA notices should be submitted via the helpdesk at https://portal.fdcservers.net. FDC maintains a policy of terminating, in appropriate circumstances, Subscribers who are repeat infringers.

28. Dispute Resolution

28.1 Informal Resolution

In the event of a dispute arising from or relating to this TOS Agreement, the parties agree to first attempt to resolve the dispute informally by notifying the other party in writing and engaging in good-faith negotiations for a period of thirty (30) days.

28.2 Venue

If the dispute is not resolved through informal negotiation, either party may pursue resolution in the courts of Delaware as set forth in Section 10.

28.3 Waiver of Jury Trial

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS TOS AGREEMENT OR THE SERVICE.

28.4 Waiver of Class and Representative Actions

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. NO CLAIM MAY BE JOINED OR CONSOLIDATED WITH THE CLAIM OF ANY OTHER SUBSCRIBER.

28.5 Equitable Relief

Nothing in this section shall prevent FDC from seeking immediate injunctive or equitable relief in any court of competent jurisdiction to prevent irreparable harm.

29. Written Notice

Written notice under this Agreement may be provided by email to the Customer's account email address on file. It is Subscriber's responsibility to ensure that the email address on file is accurate and current. Notice sent to the email address on file shall be deemed received upon transmission, unless FDC receives a delivery failure notification. Subscriber should also update their contact information in the client portal at https://portal.fdcservers.net in accordance with Section 12.

30. Cybersecurity, Ransomware & Data Loss

FDC provides unmanaged server infrastructure. The security of Subscriber's server, data, applications, and network is entirely Subscriber's responsibility. FDC makes no representations regarding the security of its network infrastructure and expressly disclaims any liability arising from:

• Any cyberattack, hacking, ransomware, malware, or AI-driven threat affecting Subscriber's server or data;
• Any unauthorized access to, deletion of, corruption of, or encryption of Subscriber's data;
• Any data breach involving personal or confidential information stored on Subscriber's server;
• Any failure of Subscriber's own security configurations, firewalls, or access controls;
• Any third-party intrusion originating from within or outside FDC's network.

Subscriber acknowledges that the cybersecurity threat landscape is constantly evolving, including the emergence of sophisticated AI-driven attack vectors, and that FDC cannot guarantee protection against all present or future threats. Subscriber assumes all risk associated with data stored on FDC's infrastructure.

FDC does not maintain backups of Subscriber's data. Subscriber is solely responsible for maintaining independent, offsite backups of all data. In the event of data loss, corruption, deletion, or ransomware encryption, FDC shall have no obligation to restore, recover, or compensate Subscriber for any lost data under any circumstances. FDC's total liability in connection with any such event shall be zero, notwithstanding any other provision of this Agreement.

31. Third-Party Facility Risk

FDC operates from data center facilities that are owned or leased from third-party providers. FDC's ability to continue providing services at any given location is subject to the terms of its agreements with those facility providers, which are outside of FDC's control.

In the event that a third-party facility provider terminates, limits, or otherwise disrupts FDC's access to a facility for any reason — including but not limited to lease termination, facility closure, reallocation of space, natural disaster, or any other cause — FDC's obligation to Subscriber shall be limited to providing as much advance notice as is reasonably practicable given the circumstances. Where FDC receives less than sixty (60) days' notice from the facility provider, FDC's notice obligation to Subscriber shall be limited to the notice period FDC itself received.

FDC shall have no liability whatsoever to Subscriber for any damages, losses, business interruption, data loss, or costs arising from the termination or disruption of services caused by a third-party facility provider's actions or decisions. Subscriber expressly assumes this risk as a condition of service and agrees that FDC's only obligation in such circumstances is to provide notice to the extent possible.

32. Backup Responsibility

FDC does not provide backup services unless explicitly contracted as a separate, paid service. Subscriber is solely and exclusively responsible for:

• Maintaining regular, independent backups of all data stored on or transmitted through FDC's infrastructure;
• Ensuring that backups are stored offsite or in a geographically separate location from FDC's facilities;
• Testing the integrity and restorability of backups on a regular basis;
• Recovering data in the event of any loss, corruption, deletion, cyberattack, or hardware failure.

FDC expressly disclaims any responsibility for data loss under any circumstances, including hardware failure, cyberattack, accidental deletion, facility disruption, or any other cause. Under no circumstances shall FDC be obligated to restore, recover, or replace any lost or damaged data. Subscriber's failure to maintain adequate backups is at Subscriber's sole risk and FDC shall bear no liability for any resulting loss.

33. Data Deletion Upon Termination

Subscriber is solely responsible for managing, retrieving, and deleting all data associated with their account upon termination of service. The terms governing data deletion depend on the reason for termination as follows:

33.1 Voluntary Cancellation

Upon Subscriber's voluntary cancellation of service, Subscriber is solely responsible for retrieving, migrating, and permanently deleting all data stored on any server, drive, or storage media associated with Subscriber's account prior to the effective termination date. It is Subscriber's responsibility to ensure all data is removed while access remains available. FDC assumes no responsibility for, and shall have no obligation to preserve, migrate, return, or destroy, any data remaining after the termination date. After the termination date, FDC may permanently delete, overwrite, reimage, or otherwise dispose of any remaining data without notice and without any liability whatsoever.

33.2 Termination for Non-Payment

In the event service is suspended or terminated due to non-payment, Subscriber acknowledges that access to their server and data may be immediately interrupted or discontinued. Subscriber is solely responsible for maintaining current, independent backups of all data at all times throughout the service term, as outlined in Section 32. FDC assumes no obligation to preserve, hold, or provide access to any data following termination for non-payment. FDC may permanently delete, overwrite, reimage, or otherwise dispose of any and all data on the server immediately upon termination, without notice and without any liability whatsoever. Subscriber expressly acknowledges that maintaining backups is their ongoing responsibility and that FDC bears no liability for any data loss resulting from termination due to non-payment.

33.3 Termination for AUP Violation

In the event service is suspended or terminated due to a violation of this Agreement or FDC's AUP — including but not limited to DDoS attacks, spamming, hacking, illegal activity, or any other abusive or harmful use of FDC's infrastructure — service will be terminated immediately and Subscriber will have no right to access their server, data, or account for any purpose, including data retrieval or deletion. No grace period of any kind applies to terminations for AUP violations. FDC may permanently delete, overwrite, reimage, or otherwise dispose of all data on the server immediately and without notice, at FDC's sole discretion. Subscriber expressly acknowledges that their own wrongful conduct caused the termination and waives any and all claims against FDC arising from the immediate loss or deletion of data.

33.4 Dedicated Server Hardware

For dedicated server subscribers using hardware provided to Subscriber by FDC, any data remaining on drives after the termination date may be permanently deleted, overwritten, or disposed of by FDC at its sole discretion, without notice and without liability. FDC makes no guarantee that deletion will meet any particular data destruction standard unless a paid secure deletion service has been separately contracted in writing. FDC shall not be liable for any errors, omissions, or failures in the data deletion process, including any data that is not fully deleted, overwritten, or destroyed, regardless of the cause.

33.5 Colocation Equipment

For colocation subscribers, Subscriber is solely responsible for ensuring all data is wiped from Subscriber's equipment prior to or upon removal from FDC's facility. FDC bears no responsibility for data remaining on colocation equipment that is abandoned or forfeited under Section 23.

33.6 Indemnification

Subscriber agrees to indemnify and hold FDC harmless from any claim, loss, or liability arising from Subscriber's failure to delete or secure data prior to or following termination, including any claims by Subscriber's own customers or third parties arising from data exposure after the termination date.

33.7 Virtual Private Server (VPS) Services

For Subscribers using virtual private server (VPS) services, Subscriber acknowledges that VPS environments operate on shared physical hardware infrastructure. Upon termination of service for any reason, FDC will make reasonable efforts to delete or decommission Subscriber's virtual machine and associated data. However, FDC shall not be liable for any errors, omissions, or failures in the data deletion process, including any data that is not fully deleted, overwritten, or destroyed, regardless of the cause. Subscriber is solely responsible for deleting all sensitive data from their VPS environment prior to termination. FDC makes no guarantee that deletion will meet any particular data destruction standard unless a paid secure deletion service has been separately contracted in writing.

34. Third-Party Service Providers

FDC provides infrastructure-based services, including internet connectivity, server hardware, network access, and related technical resources. Subscriber acknowledges and agrees that FDC may provide some or all of the services through third-party providers, including but not limited to datacenter operators, network carriers, transit providers, hardware suppliers, software vendors, cloud providers, infrastructure vendors, contractors, and service partners located in various jurisdictions worldwide.

Subscriber acknowledges that portions, or all, of the services may rely upon infrastructure, systems, facilities, networks, and operational support not owned or directly controlled by FDC. FDC does not guarantee the acts, omissions, availability, policies, security practices, or performance of any third-party provider.

Subscriber acknowledges that FDC's services depend substantially upon third-party providers and infrastructure. FDC shall not be liable for any interruption, outage, delay, degradation, loss, or termination of services caused by any third-party provider, including any changes in pricing, service availability, facility access, technical limitations, legal restrictions, or operational decisions imposed by such providers.

FDC reserves the right to modify, migrate, substitute, or relocate any portion of the services between third-party providers or facilities at any time as reasonably necessary for operational, technical, legal, or commercial reasons. FDC will endeavor to provide reasonable notice of any such changes where practicable, but shall have no liability arising from such modifications.

Subscriber expressly accepts the inherent risks associated with services that depend upon third-party infrastructure and waives any claim against FDC arising from the acts, omissions, or decisions of any third-party provider.

35. Compliance with Applicable Law

Subscriber is solely responsible for ensuring that its use of the services, and the use of the services by any Sub-Users, complies with all applicable laws, regulations, ordinances, rules, and legal requirements, including any amendments thereto, in any jurisdiction related to Subscriber's activities, content, customers, or operations — including, without limitation, the laws of the country or countries in which Subscriber's services, servers, or equipment are provisioned or located (see Section 9) — and including international, federal, state, provincial, municipal, and local laws.

Such compliance includes, without limitation, laws relating to data protection, privacy, export controls, sanctions, telecommunications, consumer protection, intellectual property, content restrictions, taxation, and industry-specific regulations.

FDC provides only internet connectivity, server hardware, network infrastructure, and related unmanaged infrastructure services. FDC does not control, supervise, monitor, manage, or direct Subscriber's content, applications, communications, customers, or business activities, and FDC shall have no responsibility or liability for Subscriber's legal compliance or the legal compliance of Subscriber's Sub-Users.

FDC makes no representation that the services are appropriate, lawful, or available for use in any particular jurisdiction. Subscriber is solely responsible for determining whether their use of the services is permitted under the laws of any applicable jurisdiction, and for obtaining any licenses, permits, or approvals required in connection with such use.

36. IP Addresses

Any Internet Protocol addresses or address space allocated or assigned to Subscriber by FDC ("IP Addresses") are licensed for use only for the duration of the applicable service and remain part of FDC's (or the applicable registry's) address holdings at all times. Subscriber acquires no ownership, property right, or transferable interest in any IP Address. FDC may, where reasonably necessary for operational, legal, or registry-compliance reasons, reassign, renumber, filter, null-route, or reclaim IP Addresses, including upon suspension, cancellation, or termination of service or where IP Addresses are unused, and shall have no liability for any such action.

Subscriber shall not announce, sell, lease, sublicense, transfer, or attempt to register FDC's IP Addresses without FDC's prior written consent, and shall not use IP Addresses in any manner that damages their reputation, causes them to be listed on any blocklist, or violates any regional Internet registry policy. Subscriber shall reimburse FDC for all costs of delisting, remediation, and reputation repair attributable to Subscriber's use.

37. Sanctions, Export Controls, and Trade Compliance

Subscriber represents and warrants that neither Subscriber nor any of Subscriber's Sub-Users, owners, or beneficial owners is: (a) listed on any sanctions-related list of designated persons maintained by the United States government (including the OFAC Specially Designated Nationals list), the European Union, the United Kingdom, or the United Nations; (b) located, organized, or resident in any country or territory that is the subject of comprehensive sanctions or embargoes; or (c) owned or controlled by any person described in (a) or (b).

Subscriber shall not use, and shall not permit any person to use, the services in violation of any applicable export control, anti-money-laundering, or economic sanctions laws or regulations, including the U.S. Export Administration Regulations and OFAC regulations, or for the benefit of any sanctioned person or territory. Subscriber shall not use the services to host, route, tunnel, proxy, or conceal traffic or content originating from or destined to sanctioned persons or territories.

FDC may immediately suspend or terminate service, without notice or liability, and may block or decline any transaction, where FDC believes in good faith that this Section has been or may be violated, or where required by applicable law. Subscriber shall indemnify FDC for any fine, penalty, loss, or expense arising from Subscriber's violation of this Section.

38. High-Risk Activities

The services are provided as general-purpose, unmanaged internet infrastructure. They are not designed, intended, or licensed for use in hazardous environments or applications requiring fail-safe performance, including, without limitation, the operation of life support or other medical devices, emergency services or public-safety communications, nuclear facilities, aircraft navigation or communication systems, air traffic control, or weapons systems, or any other application in which the failure of the services could lead directly to death, personal injury, or severe physical or environmental damage (collectively, "High-Risk Activities"). Subscriber shall not use the services for High-Risk Activities. FDC expressly disclaims any express or implied warranty of fitness for High-Risk Activities and shall have no liability arising from any use of the services in connection with High-Risk Activities.

39. Severability

If any provision of this TOS Agreement (including the AUP) is held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible or, if incapable of enforcement, shall be deemed severed, and the validity and enforceability of the remaining provisions shall not in any way be affected or impaired. Any invalid provision shall be replaced or interpreted so as to accomplish, to the greatest extent lawful, the objectives of the original provision.

40. Survival

All provisions of this TOS Agreement that by their nature should survive suspension, cancellation, expiration, or termination of service shall so survive, including, without limitation, provisions concerning indemnification, limitations of liability, disclaimers of warranties, payment obligations, data deletion, governing law and dispute resolution, legal process and governmental requests, and this Section.

41. Miscellaneous

41.1 No Third-Party Beneficiaries

This TOS Agreement is for the sole benefit of FDC and Subscriber. Nothing in this TOS Agreement confers any right, benefit, or remedy upon any third party, including Subscriber's Sub-Users.

41.2 Relationship of the Parties

FDC and Subscriber are independent contracting parties. Nothing in this TOS Agreement creates any partnership, joint venture, agency, fiduciary, or employment relationship between them.

41.3 Headings and Interpretation

Section headings are for convenience only and do not affect interpretation. The words "include," "including," and similar terms are illustrative and not limiting.

41.4 Entire Agreement

This TOS Agreement (including the AUP and any documents incorporated by reference) constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, representations, and understandings.

By using FDC's services, Subscriber acknowledges that they have read, understood, and agree to be bound by this Terms of Service Agreement.

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