You must accept these terms if you wish to use our services.

AMERICAN DATA CENTER [ADC] endeavours to provide you with the highest quality technology and service thus allowing you the opportunity to administer your own web site or dedicated server on the World Wide Web (WWW) in the most efficient and effective way possible. Our Virtual Hosting is designed to provide you with the most popular and proven hardware and software available to serve your pages to the WWW at the lowest possible prices. Our Shared Hosting is designed to provide faster, more fully featured and reliable hardware, software and networking at a price that is aggressively competitive for any similar service. Dedicated Hosting is designed to offer you administrative control over a rented, leased or co-located server also at the lowest price point possible.  To help keep this pricing down, we ask that you abide by our Terms of Service and follow our Acceptable Use policies.  If you have any questions about these policies, please send your questions to THIS ADDRESS.

ADC reserves the right to refuse service to anyone at any time, however, if ADC should deem it necessary to initiate termination of services with you, ADC specifically agrees to provide reasonable access to you in order to allow you to download any files which may still reside on the web site or server being removed from the network. In no event shall ADC be liable for any loss, loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages, which result from this termination of services.

Web-site Content:  The content of your website will remain on your virtual or dedicated server and is not available to any other entity.  You have the right to retain on your virtual or dedicated server; any and all files that you seek to hold that do not violate the following rules.   Customers are prohibited from transmitting on or through any of ADC's services, any material that is, in ADC's sole discretion: unlawful, obscene, threatening, abusive, libelous, encourages criminal mischief, gives rise to civil liability, or otherwise violates any local, state, federal, or international law and/or treatise.  In short, ADC hosting services may only be used for lawful purposes.

ADC does not allow connection to, or use of, any software or 'bots' for IRC or the reselling of 'shell accounts'. These are deemed as a high security risk and if found will result in account suspension or termination with no refunds under any circumanstances.

Pornography:  ADC has a zero tolerance policy on pornography that violates local, state, federal, or international law. This includes, but is not limited to, child pornography, bestiality, hard-core pornography, and others not allowed by law. ADC does not seek to abridge any users rights, but we uphold any and all laws applicable to the content of sites hosted on our servers and/or network. ADC reserves the right to deny service without cause for sites with adult content that we deem violates local, state, federal or international law.

ADC does take an active role in monitoring all sites via the web for content that does not comply with the preceding guidelines.  ADC specifically retains the right to make the final decision in any matter relating to site content.   If you wish to seek virtual or dedicated hosting services with ADC and you are concerned about content, please send your concerns to THIS ADDRESS.

Network: Our Virtual and Dedicated servers were designed to give you the maximum freedom of administration and access to the Internet at the lowest cost available.  Our Network usage is open to all ADC customers.  Your server is welcome on our network as long as your site does not create a problem for the network.  High network traffic or throughput is not a problem at ADC, but extreme network traffic or extreme uploading and downloading can create problems.  Your maximum throughput allowed by your website hosting plan is an estimate of your usage.  You are allowed to exceed your maximum usage without being shut off.  You will be billed for the additional throughput on your next billing cycle.  ADC DOES NOT oversell it's bandwidth commitment so please help ADC plan for the future and popularity of your website.  If you know in advance due to advertising, publicity, or general interest that your throughput will exceed 2 times the amount allowable by your plan, please contact us at SUPPORT.    This will ensure no downtime and maximum availability of your website at all times.   We can upgrade you to another service plan or make other arrangements to save you money and to ensure your site is available at all times.

ADC customers may not use our network to circumvent user authentication or security of any host, network, or account.  This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not  expressly authorised to access, password cracking, probing the security of other networks or directly violating the security policy of another organization. Customers are also not allowed to interfere or deny service to any user, host, or network by flooding, mail bombing, or attempts to overload or crash the host network.  Any violation of the network guidelines set forth will result in deactivation of your virtual or dedicated server.

Mass Mailings:  ADC has a zero tolerance policy on SPAM, Junk E-mail or UCE.  Spam, Junk-mail and UCE are defined as:  the sending of the same, or substantially similar, unsolicited electronic mail message, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message.  UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of the ADC servers and/or network.  Violation of the above terms will result in one or all of the following:

      * A warning from ADC personnel by E-Mail or Telephone

      * Removal of DNS for the advertised/originating site

      * Temporary shutdown of the website/server or a block on outgoing mail

      * Permanent disconnection of service

Repeat violation of the above terms will result in the following actions

      * Immediate disconnection of service with no re-activation

      * A US$1000 fee assessed and charged to your account for violation

      * Absolutely NO REFUNDS for ANY REASON

      * Additional US$10 fee charged to your account per E-Mail sent after notification

If your actions have caused ADC servers or IP Addresses to be placed on ANY blackhole lists and other mail filtering software systems used by ISP's and Web Hosting companies around the world, you will be assessed a $1000 charge to your account and $150 per hour for administrative charges incurred to remove and protect our servers and/or IP Addresses.  If you have further questions about our mass mailing policy, please send them to THIS ADDRESS.   

If you want to report abuse by one of our users, please send the e-mail to ABUSE DEPARTMENT.

Mailing Lists:  Our mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. Our policy is the following: An acceptable mailing list will be focused at a target audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. Your own list servs in which customers have signed up for in the past, is a valid mailing list.  If one of your members asks to be removed, please remove them as soon as feasibly possible.  Internally created mailing lists are valid as long as your customers agree to receive the e-mail.  Purchased mailing lists are generally a violation of the rules because you have not received authority from the recipient to send them an e-mail. The final rule to all mailing lists is simple:  if your customers begin to send spam complaints to IS about your e-mail, you will be bound to the terms of mass mailings listed above.  If you have direct questions in reference to mailing lists, please send your question to the POSTMASTER.

Password Protection: ADC will turn over the administrative username and password for your contracted virtual or dedicated server at the commencement of the contract.  This username and password will be kept in your confidence throughout the contract term. This current username and password will be provided back to ADC personnel at the end of your term.  Failure to provide administrative access to a server after the service term will result in formatting of all hard drives located on the server.  It is the customers responsibility to keep the administrative username and passwords during the term of their contract.

Copyright Infringement - Software Piracy:  During the term of the hosting contract, ADC grants Customer a non-transferable, non-exclusive license to use certain Software, in object code form only, for its internal needs, to be used solely on the Hardware provided, and solely in conjunction with the Services.

Customer agrees that it will not, directly or indirectly

     * copy the Software, except as is necessary to install on Hardware and for internal, archival purposes.  In the event Customer makes any copies of the Software, Customer shall reproduce all proprietary notices on such copies;

     * reverse engineer, decompile, disassemble, modify or otherwise attempt to derive source code from the Software;

     * sell, lease, license, transfer, give possession of, or sublicense the Software or the documentation to others; write or develop any derivative or other software programs, based, in whole or in part, upon the Software or any Confidential  Information.

The location of third party software on your virtual or dedicated server that violates Copyright law is prohibited. ADC will work with the appropriate authorities in locating and removing any and all software that is deemed to be used in violation of a valid software license.   Please do not locate, use, install, execute, or store software that you do not own a valid software license to, on ADC virtual or dedicated servers.  Violators will be terminated.

IP Addresses:  ADC MAY assign and allow the use of IP addresses to the customer for the length of the contract. These IP addresses are the sole property of ADC or its network provider, are non-portable, and will be retained after service has ceased. ADC does reserve the right to change the customer IP address designation at any time. The use of an IP Address outside of your assignment by ADC will result in a $150 per hour administrative fee to restore correct IP addressing. This is also viewed as a breach of network security and your virtual or dedicated server will be taken offline until the problem is resolved.

Administrative fees will be billed to your account the following business day.

Suspension:   ADC specifically reserves the right to suspend network service to your virtual, dedicated or co-located server at our discretion.  Suspension will only occur for violation of our AUP, non-payment for services, or by request of legal authorities with proper legal documents.  Suspension will only occur for the absolute minimal amount of time to resolve the issue at hand.

SERVICE INTERRUPTIONS:  ADC shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services. Customer understands and agrees that occasional temporary interruptions of any Internet Services may occur as normal events in the provision of the Internet Services.  ADC agrees to exercise reasonable care to prevent such occurrences; however, under no circumstances will ADC be held liable for any financial or other damages due to such interruptions.  In no event shall ADC be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services.

Governing Law and Forum:  This Agreement shall be governed and interpreted according to the laws of the United States of America.  For all disputes arising out of or related to this Agreement or Service Orders, the parties irrevocably consent to the exclusive jurisdiction of the Courts of the State of New York. Customer's address for purposes of service of process shall be the address designated for notices in this

Agreement. In connection with all actions in which ADC is awarded amounts due from Customer, ADC shall be awarded (either in that action or by way of a separate action) its costs and expenses of litigation (including reasonable attorneys' fees), through trial and appeal. ADC may at its sole discretion seek leave to conduct any legal process as described herein in any jurisdiction of any country where a customer or defendant cannot otherwise be brought to order under the laws of the United States of America.

LIMITATION OF LIABILITY:  ADC's liability (including, for purposes of this paragraph only, any of its employees, agents, or representatives), to Customer (either directly or as a third party defendant in any action or proceeding) for any claim arising out of or relating to this Agreement or Service Orders or the provision of any Services under Service Orders (including, without limitation maintenance and support) shall be limited to the amount of fees paid by Customer to ADC under this Agreement within one year preceding the date Customer contends its claim arose.  In no event shall ADC be liable for any loss of data, loss of profits, cost of cover, or any other special, incidental, consequential, indirect or punitive damages, however caused and regardless of theory of liability.  This limitation will apply even if ADC has been advised of, or is aware of, the possibility of such damages.

DISCLAIMER OF WARRANTIES:  ADC specifically disclaims all implied warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose.  Except as otherwise provided in this Agreement, any written materials by ADC, or information on ADC's web site, shall be for informational purposes only and, whether delivered or disseminated before or after the date of this Agreement, shall not create any express or implied warranties, guaranty of performance, or contractual obligations.

Any violations of the above policies will result in immediate suspension of services and/or termination of your virtual, dedicated or co-located server service. By entering into a hosting contract with ADC you agree to be bound by these policies, terms and conditions.