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Terms & Conditions
Policies that apply to your account and use of this site.
ADN Servers, powered by ADN Diginet, is an SBU of ADN Telecom Limited
ADN servers’s terms of service apply to all content, products, services, domains, and clients within the ADN Servers Network. This Terms and Conditions were last updated on 19th September 2018. By using the ADN Server services, you acknowledge that you have read all terms and policy and agree to be bound by such terms and conditions contained herein. These Terms of Service (the “Agreement“) is an agreement between ADN (“ADN” means ADN Telecom Ltd., a company incorporated under Company Act 1994 having its registered office at Red Crescent Concord Tower (19th Floor), 17, Mohakhali C/A, Dhaka-1212, Bangladesh hereinafter referred to as “ADN” or “us” or “our” or “we”) and you (“The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to account or uses the Services). Your use of ADN Servers content, products, services, domains and clients (referred to collectively as the “Services” in this document and excluding any services provided to you by ADN under a separate written agreement) is subject to the terms of a legal agreement between you and “ADN”. By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services. Our “Terms and Conditions” Link is also available on the website. This Agreement is made effective as of the date of your use of this ADN Server or the date of acceptance and shall remain in force until it is terminated.
1. Accepting The Terms
1.1 You can accept the Terms by:
1.1.1 clicking to accept or agree to the Terms, where this option is made available to you by ADN in the user interface for any Service;
or
1.1.2. by simply browsing or actually using the Services. In this case, you understand and agree that ADN will treat your use of the Services as acceptance of the Terms from that point onwards.
2. General Rules
By accepting this agreement, you agree and acknowledge that Your use of this service and the obtained Services shall be used only for lawful purpose and shall conform not only with this Agreement but also with all applicable local, national and international laws, rules and regulations of any jurisdiction and indemnifies ADN from any liability that may arise due to such usage. You further acknowledge that you shall not use the services for:
2.1 Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort, dating or prostitution services. Apparatus such as personal massagers/vibrators and sex toys and enhancements;
2.2 Body parts, which includes organs or other body parts – live, cultured/preserved or from cadaver;
2.3 Child pornography in any form;
2.4 Counterfeit and unauthorized goods which includes replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association; fake autographs, counterfeit stamps, and other potentially unauthorized goods;
2.5 Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection;
2.6 Copyrighted media, which includes unauthorized copies of books, music, movies, and other licensed or protected materials; Copyrighted software which includes unauthorized copies of software, video games and other licensed or protected materials, including OEM or bundled software;
2.7 Infringement of the intellectual property rights of another User or any other person or entity;
2.8 Violating the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
2.9 Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property;
2.10 Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts; ;
2.11 Offensive goods which includes literature, products or other materials that: ;
2.11.1 Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors;
2.11.2 Encourage or incite violent acts;
2.11.3 Promote intolerance or hatred;
2.12 Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals;
2.13 Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products;
2.14 Hampering with the operation of this Site or the Services found at this Site;
2.15 Coping or distribute in any medium any part of this Site or the Services, except where expressly authorized by ADN;
2.16 Re-sell or provide the Services for a commercial purpose, including any of ADN’s related technologies, without ADN’s express prior written consent;
2.17 Transform or alter any part of this Site or the Services found at this Site or any of its related technologies;
2.18 Access to ADN Content or User Content through any technology or means other than through this Site itself, or as ADN may entitle;
2.19 Any product or service, which is not in compliance with all applicable laws and regulations whether federal, state, both local and international including the laws of Bangladesh.
3. Customer Account & Identity
When a customer obtains a product or service from ADN Servers, he shall receive an Online based Customer Account from ADN Servers. All customer’s products, services, invoices, tickets will be available inside customer’s Account. One customer will not be able to see another customer’s profile or details. ADN Servers do not allow the provision of Guest Checkout. The customer must have a Legal Customer Account on ADN Servers for any kind of payment or other transaction.
4. Service Delivery Time
4.1 A customer will be updated frequently about getting his/her service from the time of placing order online to make sure that ADN Servers Team is working for them without making any delay.After getting a Query or Request from customer it must be answered within 8 business hours to maximum 24business hours depending on the complexity of the problem and the existing queue of customer issues.
4.2 After getting the payment against an Order of “Domain”, “Web Hosting” or “CMS Hosting”, the hosting orders will be processed within minimum 8business hours to maximum 16 business hours. In case of “SSL Certificate”, “Reseller Hosting”, “VPS”, “Semi-Dedicated Server” or “Dedicated Server” the orders will be processed within minimum 8 business hours to maximum 56 business hours depending on the complexity of the configuration, available queue, or availability of the server in stock (Business hours means 10:00 am to 6 pm of Bangladesh standard time (GMT +6) and exclude the day of Friday, Saturday and other general public holiday).
4.3 If customer has any additional or new requirement, the timeline of setup and deployment might be extended. The customer will be flexible about this issue.
5. Service Commitments
5.1 Uptime Commitment: ADN Servers ensures 99.9% guaranteed uptime per month. However, visitor’s internet problem, ISP blockage issue, regional network problem, propagation time, unfortunate disaster-caused power or internet connectivity interruption (considered as Act of God) or service maintenance work etc. are not a part of Downtime. In case of any legal Downtime caused due to any failure at ADN’s system or infrastructure, if customer claims with proper technical log that matches with the Downtime Monitor Record of ADN Servers (currently UptimeRobot), you are at the option either to claim 50% of the price of that day to be refunded back to your Account so that client can avail any “Web Hosting” Package by adjusting the refund money with actual price of such “Web Hosting”.
5.2 Data Safety Commitment: ADN Servers commits that no data shall be stolen or used by the company or its staffs. ADN Servers never allows to save any credential or file or backup of any client content by its staffs. However, ADN Servers staffs can copy, access or migrate client cPanels with permission from specific client.
5.3 Security Commitment: In case of “Web Hosting”, “CMS Hosting”, “Reseller Hosting”, “VPS”, “Semi-Dedicated Server”, “Dedicated Server” ADN Servers ensures that the Host and it’s resources will remain safe from DDoS Attack, BotNet Attack, Shell Brute Force Attack and other major Attacks of Host.
ADN Servers is not responsible if the Host gets hacked due to leak of credential from customer’s end, or if the customer uploads any vulnerable/infected/weakly programmed application or website on the Host, or if the customer do not tune their Host’s security settings as per standard at their end (as ADN provides all necessary settings and configurations at Host-end).
5.4 IP related Commitment: ADN Servers provide Dedicated IP from the best source. However, an IP is not a private property. IP is provided and controlled by the Network and Telecommunication Regulatory Authority of the specific country where your host’s Data-center is located. Testing an IP’s rating is not feasible unless it is received from the Regulatory Authority. If any bad rating remains against any IP (due to previous users activity against IP), client’s mails may go to spam-box. In such case, ADN Servers tries to help the client all the way by requests for delisting the IP from international blacklists. However, such issue may be fixed within 7-15 days (or more in very rare cases). Such blockage issue is occurred in very rare case which is around 0.1% cases among 100% cases.
5.5 Maintenance Commitment: ADN Servers is responsible to monitor your Host to make sure whether it is live or not. If ADN Servers find any issue with your Host, it immediately takes the initiative to fix the issue related to the Host.
With each Hosting Package ADN Servers provide options to make backup, tune security, and configure settings. ADN shall not be responsible for the loss of customer by his failure to avail feature mentioned herein. Customer needs to maintain his Host with the available tools that ADN Servers offer.
If any customer’s Host is impacted by any unwanted occurrence, and Customer requests to fix the Host, ADN Servers may take necessary initiative to fix the issue. However, you agree and acknowledge that ADN Servers will not provide any support related to Website, Application or Database, as ADN Servers do not provide these services. ADN Servers can help in fixing configuration, security breaches etc.
5.6 Suspension or Termination: You agree that ADN may suspend services without notice and without liability if:
5.6.1 ADN reasonably believes that the services are being used in violation of (the list is not exclusive):
5.6.1.1 The terms and condition of this agreement
5.6.1.2 Any law whether of local, national and international;
5.6.1.2.1 You fail to cooperate with any reasonable investigation of any suspected violation of laws or terms and condition of this agreement;
5.6.1.2.2 ADN reasonably believes that the suspension of service is necessary to protect its network or its other customers, or
5.6.1.2.3 As requested by a law enforcement or regulatory agency.
Customer shall pay ADN’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
ADN do not suspend or terminate your Web Hosting, CMS Hosting, VPS, Semi-Dedicated Server, Dedicated Server, SSL Certificate etc without any valid reason.
5.7 Transfer: When you purchase a domain, you are the owner of that domain. You will get full access to your domain from ADN Servers. The “Who-Is” record will show your information for sure if it is not protected. ADN never restrict you to transfer your Domain to any other company. You are free to move your domain service anytime.
If you leave from ADN Servers, ADN itself shall not transfer your resource . It is the responsibility of your new vendor to migrate your resource from ADN Servers if you move to new vendor.
5.8 Support Definition: ADN will provide you all kind of support over Ticketing System or Email. Phone Communication is only to receive queries from your end by your Sales KAM at ADN-end. ADN Technical Support is not authorized to communicate with any external clients directly until or unless ADN approves the matter. However, you can communicate with them anytime for Technical Support over Ticketing System or Email. ADN will provide all kind of support related to your Server related Services if it is down, or if it does not work, or if any Committed Service is missing that is mentioned over ADN’s server business portal where all packages are showcased. If you are not capable of managing your Server related Services, it will never be considered as a failure or limitation of ADN’s services; because all the Server related Service Management Tools that ADN use are of global standards.
When ADN is selling you a Hosting or Domain or SSL Certificate or anything related to Server, you get all the Management Panels and Tools that are required to manage your Server related services. Therefore, ADN is not liable to manage your Services, until and unless you do not go for any “Paid Managed Support”. “Paid Managed Support” does not include any support related to your Website, Software, Programming, or Designing related stuffs. Website or Content Migration is also not a responsibility of ADN. While you will order a Web/CMS Hosting online, you will see an addon price for Single cPanel Migration. For Bulk cPanel Migration you need to contact with your Business KAM or our Sales Team.
6. Charges & Fees
ADN holds the right to change the pricing/fee of any product or service anytime. As the raw material prices in the market, government policies and fees, concerned organization fees, etc changes, the price of ADN Servers product and services may change for this reason at anytime. ADN doesn’t accept any kind of partial payment for its products and services. Against every payment ADN must generate a Digital Invoice (Downloadable and Printable from Customer Account). Customer shall not for the service without any invoice from ADN. At first, an “Unpaid Invoice” will be generated, and once the Invoice is paid the customer will receive a “Paid Invoice”. If the price of any product or service changes suddenly, the existing customers do not need to pay extra for the changes until his next billing cycle comes. In case of Hosting if the customer exceeds his Resource Usage Quota, he shall upgrade to an advanced Package. The customer has to pay for his Extra Usage (by Month). And then, he will be upgraded to the new Package. Customers are not allowed to change his billing cycle.
7. Return & Refund
Please visit our Return and Refund page.
8. Payment Safety
ADN Servers receives all its online payments from its SSL Certificate (https://) Enabled and Encrypted Website. The Billing System of ADN Servers is powered by WHMCS, the most secure Billing System. ADN Servers does not keep any customer’s Credit Card Number, PayPal Credential, Mail Credential, PIN Code or anything else. For receiving payment ADN Servers uses the strongest and powerful gateways like PayPal etc. ADN Servers also uses bKash Payment and Payment through different Corporate Banks like BRAC Bank Bangladesh etc. All the Transactions shall be made in the name of ADN Servers (as a Brand) or ADN Digital (as the Brand Owner).You acknowledge that due to anti-money laundering regulations within your or our respective jurisdictions, your activity will ensure that no payments or receivable amount are derived from any unlawful activity.
9. Hosting Usage Terms
All the hosting packages are applicable for making website EXCEPT:ADN Servers does not allow if you run BotNet or Fake User Booster to promote your website illegally.
9.1 Any cPanel of the Shared/Managed/Reseller Web Hosting is eligible to use only:
9.1.1 400,000 INode at Max
9.1.2 300 Mails per Mail Account per Hour
9.1.3 Below 15% of the server resources at a time.
9.2 The following Hosting products are usable for selling cPanel Accounts to 3rd Parties only:
9.2.1 Reseller Hosting
9.2.2 Virtual Private Server
9.2.3 Semi-dedicated Server
9.2.4 Dedicated Server
10. Spam Policy
ADN Servers may not be the source or intermediary involved in the transmission of Spam, Spam ware and other Spam Software or misuse of SMTP. Client’s domain or IP may not be referenced as originator or intermediary in any of the above. ADN Servers considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail. The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without refund of any kind. Furthermore, a fine of five-hundred (500) US dollars will be imposed for each spam policy violation. ADN Servers is the sole arbiter as to what constitutes a violation of the above provisions. ADN Servers IP blocks may not be used for the purposes of IP rotation while sending email. ADN Servers may, through feedback loop monitoring, block SMTP traffic on a server found to be sending email through multiple IP addresses. Failure to respond to SPAM complaints will result in a block against SMTP traffic and may result in account termination.
11. Server Abuse
Any attempt to undermine any ADN Servers web site or a web site of another ADN Servers Customer is strictly prohibited and may result in immediate termination of services rendered by ADN Servers without refund. ADN Servers is the sole arbiter as to what constitutes a violation of the above provisions. You shall indemnify the ADN for any intentional abuse of ADN Server and be penalized to pay 500USD for such use, in addition to the undertaking of due legal liabilities and actual economic loss of the ADN and ADN shall be entitled to claim other available relief under the law.
12. Disclaimer
12.1 Termination
12.1.1 This Agreement may be terminated by either party upon sixty (60) days written notice to the other. This agreement shall also be terminated if a party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice of breach. This Agreement may be terminated by ADN (i) immediately if Customer fails to pay any fees hereunder; (ii) if Customer fails to cooperate with ADN or hinders ADN’s ability to perform the Services hereunder; or (iii) if Customer includes in their customized template website any material that infringes the intellectual property of any third party.
12.1.2 ADN may expel anything of User Content (regardless of whether presented on a site facilitated by ADN or presented on this Site) as well as end a User’s access to this Site or the Services found at this Site for posting or distributing any material breach of this Agreement, or your conduct may harm ADN or others or cause ADN or others to incur liability, as determined by ADN in sole discretion; or as otherwise specified in this Agreement or for generally violating this Agreement (as dictated by ADN in its sole and absolute discretion), whenever and without earlier notice. In such event, ADN shall not refund you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
12.1.3 Additionally, ADN may charge you for all fees due for the Services for the remaining portion of the then-current term. ADN may likewise end a User’s access to this Site or the Services found at this Server if ADN reasonably believes the User is a rehash wrongdoer. If ADN terminates your access to this Server or the Services found at this Server, ADN may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers. Generally, ADN does not pre-screen User Content (regardless of whether presented on a server facilitated by ADN). However, ADN saves the right (but not an obligation) to do as such and choose whether anything of User Content is suitable as well as conforms to this Agreement. ADN reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice.
12.2 Representations & Warranties
This Server and the Services are available only to Users who can form legally binding contracts under pertinent law. By registering for or using the Services, you represent and warrant that:
12.2.1 You are eighteen (18) years of age or older.
12.2.2 otherwise recognized as being able to form legally binding contracts under applicable law, or
12.2.3 are not a person barred from purchasing or receiving the Services found under the laws of Bangladesh or other applicable jurisdiction, or
12.2.4 On the off chance that you are entering into this Agreement for the benefit of an artificial person’s or other entity, you represent and warrant that you have the authorization to tie such entity to the terms and conditions contained in this Agreement, in which case the expressions “you”, “your”, “Client” or “client” might allude to such entity. In the event that, after your electronic acknowledgment of this Agreement, ADN finds that you don’t have the legitimate expert to bind such entity, you shall be eventually in charge of the commitments contained in this Agreement, including, yet not restricted to, the payment commitments. ADN shall not be liable for any loss or damage coming about because of ADN’s dependence on any guideline, notice, document or communication sensibly accepted by ADN on reasonable believe to be genuine and originating from an authorized representative of your corporate entity. In the event that there is reasonable doubt about the realness of any such guideline, notice, document or correspondence, ADN saves the right (yet embraces no obligation) to require extra verification from you. You additionally consent to be bound by the terms of this Agreement for transactions entered into by you, anybody going about as your operator and any individual who utilizes your record or the Services, regardless of whether approved by you.
12.2.5 It is your obligation to give precise, current, and finish data on the registration frames, including an email address that is not quite the same as the space you are joining under. If there is ever an issue or we have to get in touch with you, we will utilize the provided email address we have on record. It is your obligation to guarantee that the contact data for your record, including any area accounts is precise, right and finish consistently. ADN is not responsible for any lapse in the Services, including without confinement, including without limitation, any lapsed domain registrations because of obsolete contact data being related with the domain. If you want to change any of your information, you need to do it from your account by yourself. ADN is not authorized to change customer data. Giving false contact data of any sort may bring about the end of your account. In dedicated server purchases or certain other cases, you might be required to give government provided distinguishing proof and possibly a scan of the credit card used for verification purposes. Inability to give the data asked for may bring about your request being denied.
12.3 Limitation of Liability
In no event shall ADN, its directors, employees, or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages, including for any lost profits or lost data arising from your use of the services, or any user content, user websites, or other materials accessed or downloaded through the services, even if ADN is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, ADN’s liability to you, or any party claiming through you, for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to ADN for the services in the three (3) months prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
12.4 Intellectual Property Rights
Aside from User Content, the content on this Site and the Services, including without confinement the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“ServerContent”), are owned by or licensed to ADN in perpetuity, and are subject to intellectual property rights under applicable law. ADN Content is given to you “as is”, “as available” and “with all faults” for your information and personal and may not be downloaded, distributed, transmitted copied, reproduced, sold, licensed, broadcast, displayed or otherwise exploited for any purposes whatsoever without the express prior written consent of ADN. No privilege or permit under any copyright, trademark, patent, or other restrictive right or permit is allowed by this Agreement. ADN saves all rights not expressly granted in and to the ADN Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.
12.5 Indemnification
You agree to indemnify, defend and hold harmless ADN, our affiliates, and respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; (iii) your infringement of intellectual property rights, or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
12.6 Arbitration
Any disputes or difference whatsoever arising between You and ADN out of or in connection with or incidental to the Agreement including the operation or interpretation of this Agreement shall be solved amicably by mutual discussions. In the event of failure to solve any such disputes within 30 days from the date of notice, the matter shall be referred to arbitration in accordance with the provisions of the Arbitration Act 2001. Each Party shall appoint its own arbitrator and the arbitrators of the Parties so appointed shall appoint a third arbitrator who shall be the Chairman of the Arbitral Tribunal. The language of the arbitration shall be English and the venue shall be at Dhaka. Each party shall bear their own cost.
12.7 Independent Contractor
ADN and User are independent contractors and nothing contained in this Agreement places ADN and User in the relationship of principal and agent, partners or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
12.8 Governing Law and Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim shall be governed by the laws of Bangladesh.
12.9 Compliance with Local Laws
ADN makes no representation or warranty that the content and usages available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and your use of this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. You are sole responsible for using this site and content and to comply with all local laws, rules and regulations of related jurisdiction.
12.10 Disclaimer
ADN Servers will not be held responsible for any damages you or your business may suffer. ADN Servers makes no warranties of any kind, expressed or implied, for services rendered. ADN Servers disclaims any warranty or merchantability or fitness for a particular purpose. ADN Servers assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of “Acts of God” or force majeure. ADN Servers will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case shall Customer be entitled to recover damages from ADN Servers.
12.11 Backups and Data Loss
You agree to back-up all of your User Content so that you can access and use it when needed. ADN does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content
Your use of the Services is at your sole risk. ADN provides the provision to keep a backup of contents of the customers, which might be automated or manually configured by the user. ADN is liable to keep backup only when there is an explicit agreement on backup. ADN is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on ADN’s servers.
12.12 Limited Warranty
The services provided under this agreement are provided on an “as is” and “as available basis.” Except as expressly provided in this section, ADN and our affiliates, employees, agents, suppliers, and licensors disclaim all warranties of any kind, including but not limited to implied warranties of merchantability or fitness for a particular purpose, or non-infringement, for the services provided hereunder. ADN and our affiliates, employees, agents, suppliers, and licensors make no representations or warranties (i) that the services will be uninterrupted, error-free, or completely secure; (ii) as to the results that may be obtained from the use of the services; or (iii) as to the accuracy, reliability, or content of any information provided through the services. ADN and our affiliates, employees, agents, suppliers, and licensors are not liable, and expressly disclaim any liability, for the content of any data transferred either to or from users or stored by users on or through the services. The terms of this section shall survive any termination of this agreement.
12.13 Customer Privacy and Information Security
Please visit our Privacy Policy page.
12.14 Disclosure to Law Enforcement
Notwithstanding contained anything in clause 13 ADN may disclose User information to law enforcement agencies or regulatory without further consent or notification to the User upon lawful request from such agencies regulatory.
The headings herein are for convenience only and are not part of this Agreement.
12.15 Changes to the Agreement or the Services
ADN may modify, add, or delete portions of this Agreement at any time. Any changes may be indicated at the bottom of this agreement with the date of last revision. ADN may send email to its customer regarding the changes has been occurred. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effectively posted of any such modification.
ADN shall not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
12.16 Severability
If any provision or a portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.Any part, provision, representation or warranty of this Agreement which is prohibited or unenforceable or is held to be void or unenforceable in any jurisdiction shall be ineffective, as to such jurisdiction, to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction as to Service shall not invalidate or render unenforceable such provision in any other jurisdiction.
Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible to the fullest extent permitted by applicable Law in an acceptable manner.
12.17 Waiver
You agree that if ADN does not exercise or enforce any legal right or remedy which is contained in the Terms (or which ADN has the benefit of under any applicable law), this will not be taken to be a formal waiver of ADN’s rights and that those rights or remedies will still be available to ADN.
12.18 Assignment and Successors
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of ADN. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. ADN may assign its rights and obligations under this Agreement and may engage subcontractors or agents in performing duties and exercising rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
12.19 Force Majeure
Except the payment obligation, neither party is liable for any default or delay in the performance of any of its obligations under this Agreement if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, Act of God, insurrection or civil disorder or commotion, war, act of terrorism, strike or military operations, national or local emergency, acts or omissions of Government or other competent Authority, imposition of government, sanction, embargo or similar action, government requirement, civil or military Authority, act or omission of carriers or suppliers (other than the parties themselves) natural disaster including fire, lightning, flood, earthquake inclement weather, power failure, explosion, industrial action, criminal damage or destruction to equipment or disruption to any Network service caused by any software virus, worms, denial of service attack, DNS spoofing attack, the inability of any equipment to operate optimally due to any unauthorized action such as spamming, sabotage acts, hacking attacks (provided that the Parties have taken reasonable step to prevent such hacking attacks) or omissions of person or bodies for whom the Party has no control or any other cause whether similar or dissimilar outside the Party’s control.
12.20 Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.