This Terms of Service Agreement ("TOS Agreement") constitutes a valid, binding and enforceable legal contract by and between you, the "Subscriber", and Provision of Service Acceptance of this TOS Agreement and Acceptance of FDC's Acceptable Use Policy:'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,'s Acceptable Use Policy, which is herewith made a part of this TOS Agreement. This TOS Agreement, including's AUP, constitutes the entire agreement between the parties, and supersedes any prior agreements between the parties. Cancellation of Service reserves the right to cancel this TOS Agreement and to permanently disconnect the service that provides to Subscriber hereunder at anytime without further obligation. Subscriber may cancel this TOS Agreement and the service that provides to Subscriber by not renewing when the server is due. Disconnection of Service Not by way of limitation of's right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that provides to Subscriber, also reserves the right to temporarily disconnect (suspend) the service that 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, in which case will first send Subscriber an email indicating that Subscriber's account is overdue and advising Subscriber that the service that provides to Subscriber may be terminated if payment is not made within 24 hours; and/or - If determines, in its sole judgment, that Subscriber is in violation of this TOS Agreement (which includes's AUP), and believes that Subscriber can timely and appropriately cure said violation. If, in'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 provides to Subscriber may be terminated, without notice to Subscriber, until's investigation is complete, which investigation shall attempt to complete within a reasonable time period. - Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term. - Subscriber will not be credited, under any circumstances, for any time that the service that provides to Subscriber is suspended, interrupted or terminated. Not Obligated To Review Activities or Notify of Violations is under no obligation to review Subscriber's and/or any of Subscriber's Sub-User's activities to determine if a violation of this TOS Agreement (which includes's AUP) has occurred. Further, does not assume any responsibility by virtue of this TOS Agreement (which includes's AUP) to monitor, enforce or police Internet-related activities or to notify Subscriber of any actual or suspected violations. Amendment 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's AUP). will provide notice of such amendment(s) by posting such amendment(s) on's website at, and Subscriber's use of's services after 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 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 to Subscriber thereafter. It is Subscriber's responsibility to review, from time to time, this TOS Agreement (including's AUP), as published on's website, for any amendment(s). Compliance with law Subscriber shall comply with all local, state, federal and national laws, statutes, ordinances and regulations that apply to Subscriber's use of the service that provides to Subscriber, as well as with all laws in all other jurisdictions that apply to Subscriber's use of the service that provides to Subscriber. 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's 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 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. Age/ Legal Authority 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 provides to Subscriber, and Subscriber herewith assures that Subscriber meets said age requirement. If Subscriber is an entity, Subscriber herewith assures that it has all the legal authority necessary to enter into this TOS Agreement to subscribe to the service provides to Subscriber. Payment Information Service Rates: The nature of the service that provides to Subscriber, and the rates and fees thereof, have been communicated to Subscriber by may amend its rates and fees from time to time, at's discretion, by posting said change(s) on's website at, which rate change shall become effective as outlined in said posting; Payment: may charge Subscriber a one-time, pre-agreed set-up fee before establishes any service for Subscriber. Subscriber shall thereafter pay, on each monthly anniversary date thereafter, an ongoing service charge in advance for's continued provision of the service that provides to Subscriber. Invoicing: sends out invoices automatically. If Subscriber requires an invoice he may log into his account and obtain an invoice or contact us at Refunds and Disputes: All payments made to by Subscriber or on Subscriber's behalf are nonrefundable unless we decide otherwise - 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 within thirty (30) days of occurrence, otherwise Subscriber shall have waived all claims related thereto. Unauthorized Use of Account 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 of any unauthorized use of Subscriber's account or any other breach of security. Subscriber is solely responsible and accountable for, and shall not be responsible or accountable for, any/all activities that occur on or through Subscriber's account. Disclosure of Subscriber's Information to Law Enforcement and to Third Parties Subscriber herewith acknowledges and agrees that the 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 allowed by ARIN policies from time to time, will provide any third party with Subscriber contact information (including the name, telephone number, email address and other contact information of Subscriber). 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. SPAM / Unsolicited Commercial Email (UCE) / Unsolicited Bulk Email (UBE) DO NOT SPAM FROM YOUR ACCOUNT. Subscriber may not use or permit others to use the service that provides to Subscriber to transmit (including by email, 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: reserves the right to drop the section of any IP space involved in any SPAM/ UCE/ UBE or Denial of Service (DOS) complaints if 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); may notify law enforcement officials if the violation is believed to be a criminal offence. IRC If Subscriber runs an IRC network, will disconnect the service that provides to Subscriber until and the subscriber can make an alternate agreement/otherwise.'s Trademarks All trademarks, service marks, logos, product names and service names of comprise the trademarks of, and Subscriber shall not, and shall not allow any third party to, display or use in any manner said trademarks without's prior written permission. Public Trackers You can use Public bitorrent Trackers/semi public (ThePirateBay, Demonoid etc to upload/download/distribute copyright files) to DL ONLY!! NO SEEDING is allowed.period! will disconnect the service that provides to Subscriber if violation of this rules are done. We reserve the right not to issue refunds in this situation. Unlike many hosting companies We do our best to help with scripts, templates and programing languages. However, under no circumstances is obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously. Copyright Files / DMCAs All files stored on's servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.If we get any DMCAs complaints via our Providers,we simply remove the file/s & Data via your server/s.Plain and simple. Indemnification Customer agrees to indemnify and hold harmless,'s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer. YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS AGAINST LIABILITIES ARISING OF: (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH'S SERVER. (2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM'S SERVER. Disclaimer of Warranties does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis. Limitation of Damages Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages. Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service. Suspension of Services/Termination Customer agrees that may suspend services to Customer without notice and without liability if: (i) reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay reasonable reinstatement fee if service is following a suspension of service under this subsection. The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations. If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms. Request For Customer Information Customer agrees that may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request. Back Up Copy Customer agrees to maintain a current copy of all content hosted by not with standing any agreement by to provide back up services. Changes To's Network Upgrades and other changes in's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. reserves the right to change its network in its commercially reasonable discretion, and shall not be liable for any resulting harm to Customer. Notices Notices to under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section. Force Majored shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry. Governing/Law Disputes The Agreement shall be governed by the laws of Europe. The Agreement shall be governed by the United Nations Convention on the International Sale of Goods. Miscellaneous Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without's prior written consent.'s approval for assignment is contingent on the assignee meeting's credit approval criteria. may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral. Cancellation of Service reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to YOU. Promotional Rates & Special Offers may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not effect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.We usually post any, directly via our site etc. Network Security Customers may not use the network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. Electronic Commerce YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation: (a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products, (b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and (c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from. YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information. Static & Dynamic Content Caching YOU expressly (i) grant to a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by under this Agreement and (ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party's intellectual property rights. IP Address Ownership shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses. Lawful Purpose reserves the right to refuse service to anyone Privacy Statement follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.