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This Terms of Service Agreement ("TOS Agreement") constitutes a valid, binding and enforceable legal contract by and between you, the "Subscriber", and FDC Servers.net, LLC ("FDC").
Using FDC's services for illegal purposes or in support of illegal activities, including, but not limited to, transmitting (by e-mail, uploading, posting or otherwise) or distributing, downloading, copying, caching, hosting or storing data, information or content which, in FDC's sole determination, constitutes a violation of any relevant law, regulation, ordinance or court order. Subscriber shall be responsible for determining what laws, regulations, ordinances and court orders are applicable to its use of FDC's services;
Acceptance of this TOS Agreement and Acceptance of FDC's Acceptable Use Policy: 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 TOS Agreement as well as Subscriber's acceptance of, and agreement to, FDC's Acceptable Use Policy ("FDC'S AUP") -- which is herewith made a part of this TOS Agreement. This TOS Agreement, including FDC'S AUP, constitutes the entire agreement between the parties, and supersedes any prior agreements between the parties.
*Verification; All order are subject to additional verification but not limited to; Telephone voice conformation, additional business e-mail addresses, website, and additional payment methods such as bank or paypal account. FDC reserves the Right to decline any order what so ever and payment will be refunded in a timely manner.
FDC reserves the right to cancel this TOS Agreement and to permanently disconnect the service that FDC provides to Subscriber hereunder at anytime without further obligation. Subscriber may cancel this TOS Agreement and the service that FDC provides to Subscriber hereunder by requesting cancellation via opening a help ticket through the helpdesk at http://crm.fdcservers.net at least fourteen (14) days prior to Subscriber's next monthly billing date. FDC will not honor notice of cancellation by any other means of communication. Subscriber must be current on all payments and must have all account information available at the time of such request for said requested cancellation to become effective. It is Subscriber's responsibility to separately confirm that FDC has timely received notice of requested cancellation, and Subscriber must make arrangements to pick up any server computer that it owns for removal from FDC's facility.
IP Transit, BGP and whole rack service require 2 months cancellation notice.
Not by way of limitation of FDC's right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that FDC provides to Subscriber, FDC also reserves the right to temporarily disconnect (suspend) the service that FDC provides to Subscriber (or any one of them, if Subscriber has more than one account or server):
For Subscriber's failure to timely pay any fee or amount due to FDC, in which case FDC will first send Subscriber an e-mail indicating that Subscriber's account is overdue and advising Subscriber that the service that FDC provides to Subscriber may be terminated if payment is not made within 24 hours; and/or
appropriately cure said violation. If, in FDC's sole discretion, a potential violation is detected, the service (including all services on all server computers of Subscriber, if Subscriber uses more than one) that FDC provides to Subscriber may be terminated, without notice to Subscriber, until FDC's investigation is complete, which investigation FDC shall attempt to complete within a reasonable time period.
Subscriber will not be credited, under any circumstances, for any time that the service that FDC provides to Subscriber is suspended, interrupted or terminated.
FDC is under no obligation to review Subscriber's and/or any of Subscriber's Sub-User's (the term "Subscriber's Sub-User" is defined below) activities to determine if a violation of this TOS Agreement (which includes FDC's AUP) has occurred. Further, FDC does not assume any responsibility by virtue of this TOS Agreement (which includes FDC's AUP) to monitor, enforce or police Internet-related activities or to notify Subscriber of any actual or suspected violations.
FDC reserves the right to amend, and may amend, from time to time, within its sole discretion, the terms and conditions of this TOS Agreement (including FDC's AUP). FDC will provide notice of such amendment(s) by posting such amendment(s) on FDC's website at https://twitter.com/FDCServersNET, and Subscriber's use of FDC's services after FDC posts such amendment(s) on its website shall constitute Subscriber's acceptance of any/all such amendments. Amendment(s) shall not constitute grounds for Subscriber's early cancellation of this TOS Agreement or the service, nor grounds for Subscriber's non-payment for the service that FDC provides to Subscriber after the effective date of such amendment(s), and Subscriber shall continue to be bound by the terms and conditions of this TOS Agreement, as amended, for any service provided by FDC to Subscriber thereafter. It is Subscriber's responsibility to review, from time to time, this TOS Agreement (including FDC's AUP), as published on FDC's website, for any amendment(s).
Subscriber may not transfer or assign this TOS Agreement without the prior written consent of FDC. FDC may transfer and assign this TOS Agreement, the Service and all of FDC's rights, titles and interests thereunder at any time without consent from or notice to Subscriber.
Waiver by FDC of Subscriber's breach of any term or condition of this TOS Agreement (including FDC's AUP) shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other term or condition of this TOS Agreement (including FDC's AUP).
Inasmuch as the service that FDC provides to Subscriber is controlled and operated by FDC from its facilities in the United States, Subscriber shall comply with all U.S. local, state, federal and national laws, statutes, ordinances and regulations that apply to Subscriber's use of the service that FDC provides to Subscriber, as well as with all laws in all other jurisdictions that apply to Subscriber's use of the service that FDC provides to Subscriber.
This TOS Agreement shall be construed in all respects in accordance with the laws of the state of Delaware applicable to contracts enforceable in that state. By entering into this TOS Agreement and accepting and using FDC's services hereunder, Subscriber submits to jurisdiction and venue in the courts of Delaware, for any dispute(s) related to or rising out of this TOS Agreement. Notwithstanding any contrary provision of law, any claim or cause of action arising out of this TOS Agreement and/or related to the service that FDC provides, or is to provide, to Subscriber must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Subscriber Shall Defend and Indemnify FDC: Subscriber shall fully defend, indemnify, pay and hold harmless FDC and its managers, members, employees, affiliates, attorneys, agents, contractors and licensors (such FDC related parties collectively referred to under this Section 10.A. as "FDC-related party") for any Subscriber violation(s) of this TOS Agreement (which includes FDC's AUP) and for any violation(s) by a sub-subscriber of, client of, customer of, reseller of, user of, sub-user of, or similar party related to, Subscriber (collectively referred to as a "Subscriber's Sub-User"), that results in any loss, damage, cost or expense to FDC or an FDC-related party, or in any claim made or threatened against FDC or an FDC-related party by any third-party. If FDC or an FDC-related party is sued (or if a suit is threatened against FDC or an FDC-related party) because of Subscriber's or a Subscriber's Sub-User's act or omission, Subscriber shall pay any and all damages awarded against FDC and any FDC-related party immediately upon such award (whether or not any appeal is available/taken), plus any and all of FDC's and any FDC-related party's expenses and costs (including FDC's and any FDC-related party's reasonable attorneys' fees) related thereto;
FDC Not Liable : The service that FDC provides to, or is to provide to, Subscriber is provided on an "as is" and "as available" basis, and Subscriber's use of said service is at Subscriber's sole risk. In no case shall FDC or any of its managers, members, employees, affiliates, attorneys, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages, losses, costs or expenses, including, but not limited to, loss of profits, loss of data, loss or damage to goodwill, or loss of use of data or other intangible losses, or for any claim(s) related thereto, even if said party has been advised of the possibility of such damages, losses, costs, expenses or claims, arising from or related to:
Subscriber's or Subscriber's Sub-Users' use or inability to use the service (whether from Service Faults or otherwise) that FDC provides to, or is to provide to, Subscriber; Any destruction, damage, taking, unavailability or other loss of Subscriber's or any Subscriber's Sub-User's system, server or data; The cost to procure any substitute service; Any unauthorized access or use of Subscriber's account; or Any third party conduct or other matter relating to the service;
Content Responsibility : FDC takes no responsibility or accountability for, and Subscriber is entirely responsible and accountable for, any and all Subscriber and third-party data, information and content transmitted by (via e-mail, uploading, posting or otherwise), stored on, inputted to/through, linked to/through and/or served by, Subscriber's server computer (or any server computer internally assigned to Subscriber) at FDC's premises and/or using the service that FDC provides to Subscriber;
Subscriber's Responsibility to Enforce: It is Subscriber's responsibility to ensure that Subscriber and all of Subscriber's Sub-Users continuously adhere to the terms and conditions contained in this TOS Agreement (including FDC's AUP), and Subscriber is, and will be held, responsible for Subscriber's acts and omissions and for the acts and omissions of Subscriber's Sub-Users related thereto. It is in Subscriber's best interest to implement a similar policy of acceptable use and compliance among Subscriber's Sub-Users;
Subscriber's Network / Security: Subscriber is solely responsible for ensuring that its network and the network(s) of Subscriber's Sub-User(s) are configured in a secure manner. Subscriber is solely responsible for any intrusions into, or security breaches of, any of its server computers, networks or systems. Subscriber is solely responsible and accountable for, and FDC shall not be responsible or accountable for, any/all activities that occur on or through Subscriber's service computers, networks and systems, including any and all acts or omissions by, or attributable to, any third party, using the service that FDC provides to Subscriber;
Subscriber's Responsibility to Backup System/Data - Deletion of System/Data: FDC is not responsible for, and Subscriber is solely responsible for, backing up Subscriber's system/data, including any/all system/data of any Subscriber's Sub-User, related to Subscriber's server computer (or any server computer internally assigned to Subscriber) at FDC's premises and/or to the service that FDC provides to Subscriber. Any server computer owned by Subscriber on FDC's premises or otherwise under FDC's possession or control will be considered abandoned and forfeited thirty (30) days after cancellation of this TOS Agreement for non-payment, at which time, FDC will delete any and all Subscriber and Subscriber's Sub-User system/data. For any server computer not owned by Subscriber but that is or may be internally assigned to Subscriber, FDC will delete any and all Subscriber and Subscriber's Sub-User system/data immediately upon cancellation of this TOS Agreement for non-payment.;
Subscriber's Responsibility To Insure: FDC is not responsible for, and Subscriber is solely responsible for, fully insuring Subscriber's and Subscriber's Sub-Users' system/data against destruction, damage, taking, unavailability or other loss, and FDC is not responsible for, and Subscriber is solely responsible for, fully insuring any/all server computers, components and equipment owned or controlled by Subscriber against loss and damage during shipment, handling, placement and use, whether said server computer/equipment is in FDC's possession or control or otherwise;
Subscriber's Responsibility For Server/Equipment: Subscriber is solely responsible for packaging and removing from FDC's premises/control any/all servers and equipment owned or controlled by Subscriber. Subscriber shall pay FDC a $75.00 handling fee plus all shipping costs per package for any server/equipment which is shipped The Subscriber is responsible for insuring any/all shipments. Any server or equipment not removed within 30 days after cancellation of this TOS Agreement for any reason will be considered abandoned and forfeited.
Taxes: All prices and fees specified in or referred to in this TOS are stated exclusive of any tax, including withholding tax, sales, state. local, city, use, value added, levies, import and custom duties, excise or other similar or equivalent taxes imposed on the supply of services. Any taxes, sales, state, local, city use, levies, excise, withholding taxes or similar charges, direct or indirect, applicable or to become applicable, which are levied as a result of the supply of the services shall be borne by the Customer.
Subscriber shall, at http://crm.fdcservers.net, provide FDC with, and shall update FDC immediately upon any change(s) with, accurate, current and complete contact information (including e-mail, fax, telephone and street address contacts) so that FDC may register Subscriber, charge payments to Subscriber and otherwise contact Subscriber as may be required from time to time in the course of this TOS Agreement. In addition, Subscriber agrees to provide photo identification to FDC prior to Subscriber's preliminary visit, if any, to FDC's data center. FDC may suspend and terminate service(s) upon becoming aware that contact information is not updated or incorrect including none working phone numbers or phone numbers that do not have messages set up or messages are full.
If Subscriber is an individual, Subscriber must be eighteen (18) years of age or older in order to enter into this TOS Agreement to subscribe to the service that FDC provides to Subscriber, and Subscriber herewith assures FDC that Subscriber meets said age requirement. If Subscriber is an entity, Subscriber herewith assures FDC that it has all the legal authority necessary to enter into this TOS Agreement to subscribe to the service FDC provides to Subscriber.
Service Rates: The nature of the service that FDC provides to Subscriber, and the rates and fees thereof, have been communicated to Subscriber by FDC. FDC may amend its rates and fees from time to time, at FDC's discretion, by posting said change(s) on FDC's website at https://twitter.com/FDCServersNET, which rate change shall become effective as outlined in said posting;
Payment: FDC may charge Subscriber a one-time, pre-agreed set-up fee before FDC establishes any service for Subscriber. Subscriber shall thereafter pay, on each monthly anniversary date thereafter, an ongoing service charge in advance for FDC's continued provision of the service that FDC provides to Subscriber. Subscriber agrees that FDC may automatically charge Subscriber's credit card each month, and may process Subscriber's payment as early as five (5) days before the due date, to ensure that FDC receives payment on or before the due date;
Invoicing: FDC does not send out invoices automatically. If Subscriber requires an invoice he may log into his account and obtain an invoice.
Refunds and Disputes: All payments made to FDC by Subscriber or on Subscriber's behalf are non-refundable, including the one-time set-up fee, if any, as well as any/all subsequent monthly charges (regardless of usage). Overcharges or billing disputes must be reported to FDC within thirty (30) days of occurrence, otherwise Subscriber shall have waived all claims related thereto. If Subscriber disputes a charge to its credit card issuer, which charge FDC deems, in its sole discretion, to be valid under the terms and conditions of this TOS Agreement, Subscriber shall pay FDC, in addition to said disputed charge, an Administrative Fee of not less than $50.00 and not more than $150.00;
Payment Declination/Rejection Charge: Should Subscriber's credit card or any payment be declined or rejected for any reason, FDC may charge Subscriber a $15.00 administrative fee per occurrence;
Additional Charges for Failure to Timely Pay: Without limiting FDC's right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that FDC provides to Subscriber, should FDC suspend the service that FDC provides to Subscriber because of Subscriber's failure to timely pay any fee or amount due to FDC, Subscriber may be required to pay FDC, in addition to any fees and amounts due a $20.00 late fee.. Suspension of service does not relieve Subscriber of any responsibilities.
FDC may add a convenience fee of up to 3.5% percent for credit card and other payments on larger transactions as determined by FDC at its sole discretion.
Prepay or Promotional Service: At any time FDC may give 30 day notice of cancellation and refund the prorated portion of the remaining term.
Support & Support Boundaries: Within FDC's field of service and ability, FDC offers 24 hours/day x 7 days/week technical support to Subscriber, except during a few holidays and company meetings when we temporarily close our facility. Subscriber's server computer(s) housed at FDC.s facility is(are) unmanaged, and FDC offers only that the service provided by FDC to Subscriber's server computer(s) is online and remotely accessible. FDC does not offer technical support for application-specific issues, and FDC shall not provide technical support to Subscriber's Sub-Users. Subscriber should contact FDC by opening a help ticket with the support desk for technical assistance at http://crm.fdcservers.net and it's the Subscriber's responsibility to ensure his / her request has been delivered to FDC staff within the CRM system.
Service Faults / No FDC Liability / No Warranty: FDC does not guarantee that the service that FDC provides, or is to provide, to Subscriber is or will be free from errors, omissions, corruption, attack, viruses, interference, loss, hacking, security intrusion, delays, non-delivery, wrong delivery or any other causes of interruption or damage (collectively "Service Faults"). As a reminder of, and not as a limitation of, FDC's limitation of liability under Section 10.B. above, in no case shall FDC or any of its managers, members, employees, affiliates, attorneys, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages, losses, costs or expenses, including, but not limited to, loss of profits, loss of data, loss or damage to goodwill, or loss of use of data or other intangible losses, or for any claim(s) related thereto, even if said party has been advised of the possibility of such damages, losses, costs, expenses or claims, arising from or related to the following:
Subscriber's or Subscriber's Sub-Users' use or inability to use the service (whether from Service Faults or otherwise) that FDC provides to, or is to provide to, Subscriber, Any destruction, damage, taking, unavailability or other loss of Subscriber's or any Subscriber's Sub-User's system, server or data, The cost to procure any substitute service, Any unauthorized access or use of Subscriber's account or Any third-party conduct or other matter relating to the service.
FDC AND ITS MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, ATTORNEYS, AGENTS, CONTRACTORS AND LICENSORS HEREWITH EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO REQUEST OR ADVICE FROM SUBSCRIBER TO FDC, IN ANY FORM OF MEDIA, SHALL CREATE ANY WARRANTY. SUBSCRIBER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER'S NETWORK AND SYSTEM AND FOR ANY LOSSES THAT RESULT FROM SUBSCRIBER'S USE OF, OR INABILITY TO USE, THE SERVICE THAT FDC PROVIDES, OR IS TO PROVIDE, TO SUBSCRIBER;
Facility Access: Visits to FDC's facility must be scheduled at least twenty-four (24) hours prior to the visit. Should Subscriber need emergency access to Subscriber's server computer, Subscriber must contact FDC technical support and request access at least fifteen (15) minutes prior to the emergency visit. Subscriber shall pay any/all related charges (such as for a security pass, property pass, time and assistance provided by FDC, etc.). and Subscriber shall submit a photo ID for FDC's records prior to Subscriber's initial visit to FDC's facility. Guided tours for prospective clients (non-subscribers) are permitted, at the sole discretion of FDC, only during regular business hours, Monday-Friday, and should be scheduled at least twenty-four (24) hours in advance;
IP Address Allocation / Ownership: If FDC assigns Subscriber an Internet Protocol ("IP") address and/or number(s) for Subscriber's use, the right to use that IP address/number shall belong solely to FDC, and Subscriber shall have no right to use that IP address/number except as permitted by FDC in its sole discretion in connection with the services provided by FDC to Subscriber during the term of this TOS Agreement. FDC shall maintain and control ownership of all IP addresses and numbers that may be assigned to Subscriber by FDC, and FDC reserves the right to change or remove any and all such IP addresses/numbers, in its sole and absolute discretion. FDC's allocation of IP addresses/numbers is limited by the policies, as they exist from time to time, of the American Registry for Internet Numbers ("ARIN"), including policies providing that the use of IP addresses or numbers for IP-based virtual hosts are not acceptable as justification for new IP addresses or numbers. Pursuant to ARIN's policies, as they exist from time to time, Subscriber must use name-based hosting whenever possible. FDC will periodically review IP address usage, and if FDC finds that Subscriber and/or Subscriber's Sub-Users are using IP addresses or numbers where name-based hosting could be used, FDC will revoke authorization for the use of those IP addresses/numbers. All IP addresses/numbers that are allocated to Subscriber must be utilized within forty-eight (48) hours of allocation, otherwise FDC may retract said unused IP address or number without prior notification to Subscriber.
Services usage must be reasonable. Customer may not put excessive burdens on our servers or other resources provided by FDC. Customer may be asked to pay additional fee(s) going forward for excessive bandwidth, power consumption or technical service usages to avoid disruption or termination of services.
Subscriber shall not reveal Subscriber's account information to anyone, Subscriber shall protect and maintain the confidentiality and security of Subscriber's account, Subscriber shall not use anyone else's account, and Subscriber shall immediately notify FDC of any unauthorized use of Subscriber's account or any other breach of security. Subscriber is solely responsible and accountable for, and FDC shall not be responsible or accountable for, any/all activities that occur on or through Subscriber's account, including any and all acts or omissions by, or attributable to, any third party, using the service that FDC provides to Subscriber.
Subscriber herewith acknowledges and agrees that the FDC may disclose any and all Subscriber information, including, but not limited to, Subscriber contact information, assigned IP addresses/numbers, account history, account use, etc., to any law enforcement agent who requests it, without further consent or notification to Subscriber. In addition, as may be required by ARIN policies from time to time, Subscriber hereby acknowledges that FDC will provide the Subscriber contact information (including the name, telephone number, e-mail address and other contact information of Subscriber) to WHOIS directory. On request of Subscriber that is a residential customer FDC will substitute Subscribers’ name with FDC’s name and withhold Subscriber’s street address. FDC shall apply the terms of this section to any/all of Subscriber's Sub-Users, and Subscriber shall notify all of Subscriber's Sub-Users of these terms.
DO NOT SPAM FROM YOUR ACCOUNT. Subscriber may not use or permit others to use the service that FDC provides to Subscriber to transmit (including by e-mail, uploading, posting or other transmission), originate, pass through or otherwise transact any SPAM, UCE and/or UBE. Violations of this policy carry, as well as possible suspension or cancellation of service, additional penalties and/or remedies, including, but not limited to: FDC reserves the right to drop the section of any IP space involved in any SPAM/ UCE/ UBE or Denial of Service (DOS) complaints if FDC determines, in its sole discretion, that the offending activity is causing, or may cause, harm to other parties on the Internet (particularly if open relays are on Subscriber's network or on a Subscriber's Sub-User's network, or if DOS attacks are originating from Subscriber's network); Subscriber will pay "Research Fees" of $175.00 per hour to compensate FDC for employee time spent investigating Subscriber's violation. FDC reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated violation; First violations of FDC's SPAM/ UCE/ UBE policy will result in an "Administrative Fee" of $250.00; a second violation will result in an "Administrative Fee" of $500.00, and immediate cancellation of Subscriber's service; and FDC may notify law enforcement officials if the violation is believed to be a criminal offense; FDC's remedies are cumulative and they may be exercised concurrently or separately at any time. Lack of action by FDC with respect to any remedy shall not serve as a waiver of that or any other remedy at any time;
IMPORTANT NOTICE:
A Subscriber hosting websites or services on Subscriber's server computer supporting spammers or resulting in any of FDC's IP space to be listed in any of the various Spam Databases or black hole lists will have its service immediately disconnected. Such suspended service will not be reconnected until such time that Subscriber agrees to remove ANY and ALL traces of the offending material immediately upon reconnection, and agrees to allow FDC access to its server computer(s) to confirm that all material has been COMPLETELY removed.
Because Subscriber is ultimately responsible for the actions and omissions of Subscriber's Sub-Users, it is advisable that Subscriber develop a similar policy for its Sub-Users.
FDC's AUP is an integral part of this TOS Agreement, and Subscriber agrees to comply with FDC's AUP, and to take reasonable steps to ensure that Subscriber's Sub-Users comply with FDC's AUP at all times. FDC's AUP applies to Subscriber and to each/all of Subscriber's Sub-Users and to each/all server computer, network, device and/or system under Subscriber's control or assigned to Subscriber related to the service FDC provides to Subscriber. Subscriber is, and will be held, responsible and accountable for any and all activity and/or omission by, or attributable to, any third party directly or indirectly using or benefiting from FDC's services that violates any of the terms of FDC's AUP;
FDC reserves the right to investigate actual, suspected or alleged violations of FDC's AUP, which includes the right to access data, information, contents and records on, or associated with, any server computer(s) of, or assigned to, Subscriber. FDC shall not be in default of this TOS Agreement if FDC's investigation causes Subscriber to incur downtime or requires the sequestering of all or a portion of the Subscriber's server computers;
FDC may involve, and cooperate with, law enforcement authorities in investigating and/or prosecuting Subscriber and/or Subscriber's Sub-Users who are involved in any violation of FDC's AUP. Subscriber shall assist FDC to comply with all laws, ordinances, regulations and rules related to the service FDC provides to Subscriber. Subscriber shall cooperate and comply with any/all civil or criminal investigations regarding activity through, and data, information, contents and records on, or associated with, any server computer(s) of, or assigned to, Subscriber, including, without limitation, discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court or government entity (each an "Investigation"). Without limiting any other right of FDC, FDC reserves the right to comply with any Investigation without notice to Subscriber;
Without limiting FDC's right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that FDC provides to Subscriber, FDC may also, in its sole discretion, take any one or more of the following remedies for a violation of FDC's AUP: Disable access to Subscriber's content that violates FDC's AUP; Remove DNS records from Subscriber's server computer(s); Block e-mail or any other network services; Effect IP address null routing; Take direct action against Subscriber's Sub-Users; Charge Subscriber for remedial actions, and recover any and all expenses from Subscriber in connection with any violation of FDC's AUP attributable to Subscriber. FDC's remedies are cumulative and they may be exercised concurrently or separately at any time. Lack of action by FDC with respect to any remedy shall not serve as a waiver of that or any other remedy at any time;
We allow IRC services on our network.
FDC's remedies under this TOS Agreement are cumulative, and they may be exercised concurrently or separately at any time. Lack of action by FDC with respect to any remedy shall not serve as a waiver of that or any other remedy at any time
All trademarks, service marks, logos, product names and service names of FDC comprise the trademarks of FDC, and Subscriber shall not, and shall not allow any third party to, display or use in any manner said trademarks without FDC's prior written permission.
Not by way of limitation of the other provisions of this TOS Agreement, particularly the provisions of Sections 10.G and 10.H., FDC is not responsible for, and Subscriber is solely responsible for, fully insuring Subscriber's and Subscriber's Sub-Users' colocation system/data against destruction, damage, taking, unavailability or other loss, and FDC is not responsible for, and Subscriber is solely responsible for, fully insuring any/all colocation server computers, components and equipment owned or controlled by Subscriber against loss and damage during shipment, handling, placement and use, whether said server computer/equipment is in FDC's possession or control or otherwise. Subscriber is solely responsible for packaging and removing from FDC's premises/control any/all colocation servers and equipment owned or controlled by Subscriber. Subscriber shall pay FDC a $75.00 fee plus shipping costs per package for any server/equipment that Subscriber requests FDC to ship domestically from all FDC locations. International shipping charges can be substantially higher from all locations.
Colocation Remote Hands Fees: Client agrees to pay $150.00 an hour in 1 hour minimum billing increments.
Co-location Client Access: Access to Colocation servers is only permitted with advanced notice by opening a ticket in the CRM and not guaranteed. Clients with full cabinets may be provided with access under certain conditions and requirements including meeting insurance requirements. Any colocation server or equipment not removed within thirty (30) days after cancellation of this TOS Agreement for any reason will be considered abandoned and forfeited.
Customers who commit to a longer term contract may be eligible for discounted pricing. The pricing for such contracts may be subject to revision in the event of price increases from upstream providers or other vendors. FDC will provide 60 days' notice of any pricing changes. In the event that FDC does not renew services in the location where the customer's service is being delivered, FDC reserves the right to give 60 days' termination notice. The customer acknowledges that FDC will have no liability whatsoever in such cases. Customers may be subject to a credit check and must maintain good credit at FDC's discretion in order to be eligible for such pricing and services.
