IMPORTANT NOTICE: All Payments To FDC Servers.net, LLC Are Non-Refundable
1. Provision of Service: Acceptance of this TOS Agreement and Acceptance of FDC Acceptable Use Policy: FDC provision of service to Subscriber, and Subscriber acceptance and use of said service, constitute Subscriber acceptance of, and agreement to, this TOS Agreement as well as Subscriber acceptance of, and agreement to, FDC's Acceptable Use Policy (FDC AUP) -- which is herewith made a part of this TOS Agreement. This TOS Agreement, including FDC AUP, constitutes the entire agreement between the parties, and supersedes any prior agreements between the parties. 2. Cancellation of Service: 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 least fourteen (14) days prior to Subscriber 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 Subscribers 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 FDCs facility. 3. Disconnection of Service: * Not by way of limitation of FDC 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 failure to timely pay any fee or amount due to FDC, in which case FDC will first send Subscriber an email indicating that Subscribers 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 If FDC determines, in its sole judgment, that Subscriber is in violation of this TOS Agreement (which includes FDC AUP), and FDC believes that Subscriber can timely and appropriately cure said violation. If, in FDCs 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 FDCs 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. 4. FDC Not Obligated To Review Activities or Notify of Violations: FDC is under no obligation to review Subscriber's and/or any of Subscriber Sub-User (the term Subscriber Sub-User is defined below) activities to determine if a violation of this TOS Agreement (which includes FDC AUP) has occurred. Further, FDC does not assume any responsibility by virtue of this TOS Agreement (which includes FDC AUP) to monitor, enforce or police Internet-related activities or to notify Subscriber of any actual or suspected violations. 5. Amendment: 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 AUP). FDC will provide notice of such amendment(s) by posting such amendment(s) on FDC website at http://www.fdcservers.net/vbulletin/, and Subscriber use of FDC 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 early cancellation of this TOS Agreement or the service, nor grounds for Subscriber 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 responsibility to review, from time to time, this TOS Agreement (including FDC AUP), as published on FDCs website, for any amendment(s). 6. Assignment: 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 rights, titles and interests thereunder at any time without consent from or notice to Subscriber. 7. Waiver: Waiver by FDC of Subscriber breach of any term or condition of this TOS Agreement (including FDC 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 AUP). 8. Compliance with law: 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 Subscribers use of the service that FDC provides to Subscriber, as well as with all laws in all other jurisdictions that apply to Subscribers use of the service that FDC provides to Subscriber. 9. Choice of Law / Jurisdiction / Venue / Statute of Limitations: This TOS Agreement shall be construed in all respects in accordance with the laws of the state of Illinois applicable to contracts enforceable in that state. By entering into this TOS Agreement and accepting and using FDCs services hereunder, Subscriber submits to jurisdiction and venue in the courts of Cook County, Illinois, 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 âœFDC-related partyâ) for any Subscriber violation(s) of this TOS Agreement (which includes FDCs 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 âœSubscribers Sub-Userâ), 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 Subscribers Sub-Users 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 FDCs and any FDC-related partys expenses and costs (including FDCs and any FDC-related partys reasonable attorneys fees) related thereto; FDC Not Liable: The service that FDC provides to, or is to provide to, Subscriber is provided on an âœas isâ and âœas availableâ basis, and Subscribers use of said service is at Subscribers 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: Subscribers or Subscribers 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 Subscribers or any Subscribers Sub-Users system, server or data; The cost to procure any substitute service; Any unauthorized access or use of Subscribers account; or 11. 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 email, uploading, posting or otherwise), stored on, inputted to/through, linked to/through and/or served by, Subscribers server computer (or any server computer internally assigned to Subscriber) at FDCs premises and/or using the service that FDC provides to Subscriber; 12. Subscribers Responsibility to Enforce: It is Subscribers responsibility to ensure that Subscriber and all of Subscribers Sub-Users continuously adhere to the terms and conditions contained in this TOS Agreement (including FDCs AUP), and Subscriber is, and will be held, responsible for Subscribers acts and omissions and for the acts and omissions of Subscribers Sub-Users related thereto. It is in Subscribers best interest to implement a similar policy of acceptable use and compliance among Subscribers Sub-Users; 13. Subscribers Network / Security: Subscriber is solely responsible for ensuring that its network and the network(s) of Subscribers 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 Subscribers 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; 14. Subscribers Responsibility to Backup System/Data â“ Deletion of System/Data: FDC is not responsible for, and Subscriber is solely responsible for, backing up Subscribers system/data, including any/all system/data of any Subscribers Sub-User, related to Subscribers server computer (or any server computer internally assigned to Subscriber) at FDCs premises and/or to the service that FDC provides to Subscriber. Any server computer owned by Subscriber on FDCs premises or otherwise under FDCs 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 Subscribers 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 Subscribers Sub-User system/data immediately upon cancellation of this TOS Agreement for non-payment.; 15. Subscribers Responsibility To Insure: FDC is not responsible for, and Subscriber is solely responsible for, fully insuring Subscribers and Subscribers 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 FDCs possession or control or otherwise; 16. Subscribers Responsibility For Server/Equipment: Subscriber is solely responsible for packaging and removing from FDCs premises/control any/all servers and equipment owned or controlled by Subscriber. Subscriber shall pay FDC a $20.00 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. 17. Adult Hosting & Torrents : FDCHost.com does not allow adult content
on any of our offered packages,ANY software dealing with torrents or any downloading software, any file sharing
scripts are not allowed.Accounts will be immediately terminated if found useing such software. 18. Proxies are strictly disallowed 19. fdchost/fdcservers reserve the right to suspend/terminate any account that is abusing our server resources.
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