Fdcservers Review

[Emmaline]

UsingFDC'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 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.

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.

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 , 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;

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