All Payments to FDCServers.net, LLC are non-refundable
1. Illegal Activities
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;
2. Provision of Service
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.
3. 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 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.
4. Disconnection of Service
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.
5. FDC Not Obligated to Review Activities Or Notify Of Violations
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.
6. 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'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).
7. 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's rights, titles and interests thereunder at any time without consent from or notice to Subscriber.
8. Waiver
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).
9. 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 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.
10. 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 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.
