VPS at Abdicar.com

IMPORTANT NOTICE: *All Payments to abdicar Communications, S.A. and/or abdicar.com Are Non-Refundable *

This Terms of Service Agreement (“TOS Agreement”) constitutes a valid, binding and enforceable legal contract by and between you, the “Subscriber”, and abdicar.com and abdicar Communications S.A., hereinafter “abdicar.”

1. Provision of Service:

Acceptance of this TOS Agreement and Acceptance of abdicar’s Acceptable Use Policy (AUP) and Refund Policy (RP):
abdicar’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,  abdicar’s AUP (Acceptable Use Policy) and RP (Refund Policy), incorporated by reference herein and are both henceforth made a part of this TOS Agreement. This TOS Agreement, including abdicar’s AUP and RP, constitutes the entire agreement between the parties, and supersedes any prior agreements between the parties.

2. Cancellation of Service:

abdicar reserves the right to cancel this TOS Agreement and to permanently disconnect the service that abdicar provides to Subscriber hereunder at anytime, without further obligation. Subscriber may cancel this TOS Agreement and the service that abdicar provides to Subscriber hereunder by requesting cancellation via opening a help ticket through the helpdesk at https://www.abdicar.com/cp at least twenty-eight (28) days prior to Subscriber’s next monthly billing date. (For billing information see Section 13, paragraph b) below.  abdicar will not honor a notice of cancellation by any other means of communication. Subscriber must be current with all payments and must have all account information available at the time of such request for said cancellation to become effective. It is Subscriber’s responsibility to separately confirm that abdicar has timely received a notice of requested cancellation, and Subscriber must make arrangements to pick up any server computer that it owns for removal from abdicar’s facilities.

3. Disconnection of Service:

Not by way of limitation of abdicar’s right to, at any time for any reason, cancel this TOS agreement and permanently disconnect the service that abdicar provides to Subscriber, abdicar also reserves the right to temporarily disconnect (suspend) the service that abdicar 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 abdicar, in which case abdicar will first send Subscriber an email indicating that Subscriber’s account is overdue and advising Subscriber that the service that abdicar provides to Subscriber may be terminated if payment is not made within 24 hours; and/or
• If abdicar determines, in its sole judgment, that Subscriber is in violation of this TOS Agreement (which includes abdicar’s AUP and RP), and abdicar believes that Subscriber can timely and appropriately cure said violation. If, in abdicar’s sole discretion, a potential violation is detected, the service (including all services on all of Subscriber’s server computers, if Subscriber uses more than one) that abdicar provides to Subscriber may be terminated, without notice to Subscriber, until abdicar’s investigation is complete, which investigation abdicar shall attempt to complete within a reasonable time period.

Subscriber will not be credited, under any circumstances, for any time that the service that abdicar provides to Subscriber is suspended, interrupted or terminated.

4. abdicar Not Obligated To Review Activities or Notify of Violations:
abdicar 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 abdicar’s AUP and RP) has occurred. Further, abdicar does not assume any responsibility by virtue of this TOS Agreement (which includes abdicar’s AUP and RP) to monitor, enforce or police Internet-related activities or to notify Subscriber of any actual or suspected violations.

5. Amendment:
abdicar 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 abdicar’s AUP and RP). abdicar will provide notice of such amendment(s) by posting such amendment(s) on abdicar’s website at (****need post link***), and Subscriber’s use of abdicar’s services after abdicar 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 abdicar 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 abdicar to Subscriber thereafter. It is Subscriber’s responsibility to review, from time to time, this TOS Agreement (including abdicar’s AUP and RP), as published on abdicar’s website, for any amendment(s).

6. Assignment:
Subscriber may not transfer or assign this TOS Agreement without the prior written consent of abdicar. abdicar may transfer and assign this TOS Agreement, the Service and all of abdicar’s rights, titles and interests hereunder at any time without consent from or notice to Subscriber.

7. Waiver:
Waiver by abdicar of Subscriber’s breach of any term or condition of this TOS Agreement (including abdicar’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 abdicar’s AUP).

8. Compliance with law:
Inasmuch as the service that abdicar provides to Subscriber is controlled and operated by abdicar from its facilities in the Costa Rica, Subscriber shall comply with all International, Costa Rican, US, local, state, federal and national laws, statutes, ordinances and regulations that apply to Subscriber’s use of the service that abdicar provides to Subscriber, as well as with all laws in all other jurisdictions that apply to Subscriber’s use of the service that abdicar provides to Subscriber.

9. Choice of Law / Jurisdiction / Venue / Statute of Limitations:
This TOS Agreement shall be construed in all respects in accordance with the laws of Costa Rica applicable to contracts enforceable in Costa Rica. By entering into this TOS Agreement and accepting and using abdicar’s services hereunder, Subscriber submits to jurisdiction and venue in the courts of Costa Rica, 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 abdicar 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.

10. Responsibilities:

a)    Subscriber Shall Defend and Indemnify abdicar: Subscriber shall fully defend, indemnify, pay and hold harmless abdicar and its managers, members, employees, affiliates, attorneys, agents, contractors and licensors (such abdicar related parties collectively referred to under this Section 10.A. as “an abdicar-related party”) for any Subscriber violation(s) of this TOS Agreement (which includes abdicar’s AUP and RP) 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 abdicar or an abdicar-related party, or in any claim made or threatened against abdicar or an abdicar-related party by any third-party. If abdicar or an abdicar-related party is sued (or if a suit is threatened against abdicar or an abdicar-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 abdicar and any abdicar-related party immediately upon such award (whether or not any appeal is available/taken), plus any and all of abdicar’s and any abdicar-related party’s expenses and costs (including abdicar’s and any abdicar-related party’s reasonable attorneys’ fees) related thereto;

b)    abdicar Not Liable: The service that abdicar 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 abdicar 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 abdicar 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;

c)    Content Responsibility:  abdicar 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 email, 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 abdicar’s premises and/or using the service that abdicar provides to Subscriber;

d)    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 abdicar’s AUP and RP), 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;

e)    Subscriber’s Network / Security: Subscriber is solely responsible for ensuring that its network and the network(s) of Subscriber’s Sub-User(s) are configured in a secure manner. Subscriber is solely responsible for any intrusions into, or security breaches of, any of its server computers, networks or systems. Subscriber is solely responsible and accountable for, and abdicar shall not be responsible or accountable for, any/all activities that occur on or through Subscriber’s service computers, networks and systems, including any and all acts or omissions by, or attributable to, any third party, using the service that abdicar provides to Subscriber;

f)    Subscriber’s Responsibility to Backup System/Data – Deletion of System/Data: abdicar is not responsible for, and Subscriber is solely responsible for, backing up Subscriber’s system/data, including any/all system/data of any Subscriber’s Sub-User, related to Subscriber’s server computer (or any server computer internally assigned to Subscriber) at abdicar’s premises and/or to the service that abdicar provides to Subscriber. Any server computer owned by Subscriber on abdicar’s premises or otherwise under abdicar’s possession or control will be considered abandoned and forfeited thirty (30) days after cancellation of this TOS Agreement for non-payment, at which time, abdicar will delete any and all Subscriber and Subscriber’s Sub-User system/data. For any server computer not owned by Subscriber but that is or may be internally assigned to Subscriber, abdicar will delete any and all Subscriber and Subscriber’s Sub-User system/data immediately upon cancellation of this TOS Agreement for non-payment.;

g)    Subscriber’s Responsibility To Insure: abdicar is not responsible for, and Subscriber is solely responsible for, fully insuring Subscriber’s and Subscriber’s Sub-Users’ system/data against destruction, damage, taking, unavailability or other loss, and abdicar is not responsible for, and Subscriber is solely responsible for, fully insuring any/all server computers, components and equipment owned or controlled by Subscriber against loss and damage during shipment, handling, placement and use, whether said server computer/equipment is in abdicar’s possession or control or otherwise;

h)    Subscriber’s Responsibility For Server/Equipment: Subscriber is solely responsible for packaging and removing from abdicar’s premises/control any/all servers and equipment owned or controlled by Subscriber. Subscriber shall pay abdicar a $20.00 handling fee plus all shipping costs per package for any server/equipment which is shipped The Subscriber is responsible for insuring any/all shipments. Any server or equipment not removed within 30 days after cancellation of this TOS Agreement for any reason will be considered abandoned and forfeited.

11. Subscriber Contact Information, Updates & ID:
Subscriber shall, through our Customer Portal, (need link) provide abdicar with, and shall update abdicar immediately upon any change(s) with, accurate, current and complete contact information (including email, fax, telephone and street address contacts) so that abdicar may register Subscriber, charge payments to Subscriber and otherwise contact Subscriber as may be required from time to time in the course of this TOS Agreement. In addition, Subscriber agrees to provide photo identification to abdicar prior to Subscriber’s preliminary visit, if any, to abdicar’s data center.

12. 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 abdicar provides to Subscriber, and Subscriber herewith assures abdicar that Subscriber meets said age requirement. If Subscriber is an entity, Subscriber herewith assures abdicar that it has all the legal authority necessary to enter into this TOS Agreement to subscribe to the service abdicar provides to Subscriber.

13. Payment Information: 

a)    Service Rates: The nature of the service that abdicar provides to Subscriber, and the rates and fees thereof, have been communicated to Subscriber by abdicar. abdicar may amend its rates and fees from time to time, at abdicar’s discretion, by posting said change(s) on abdicar’s website at (webaddress), which rate change shall become effective as outlined in said posting;

b)    Billing:  Payments to abdicar are to be done on the first (1) of every month.  Suspensions will begin on the fifth (5) of every month.  Any reactivation of the service done after the fifth (5) of the month will carry a 5% reconnection surcharge.  Once an account is terminated or suspended, all of the files and pertinent data will be eliminated from our servers on the twenty-third (23) day following termination or suspension.  It is up to the customer to ensure that he/she remains current with his/her payments so that he/she does not have to go through the irretrievable loss of pertinent files and data.

c)    Payment: abdicar may charge Subscriber a one-time, pre-agreed set-up fee before abdicar establishes any service for Subscriber. Subscriber shall thereafter pay, on each monthly anniversary date thereafter, an ongoing service charge in advance for abdicar’s continued provision of the service that abdicar provides to Subscriber. Subscriber agrees that abdicar may automatically charge Subscriber’s credit card each month, and may process Subscriber’s payment as early as five (5) days before the due date, to ensure that abdicar receives payment on or before the due date;

d)    Invoicing:  If Subscriber requires an invoice he/she may log into his/her account and obtain an invoice. abdicar.com will send your invoice within 20 days, and on the day when your payment is due.  In addition, invoices will be generated and sent out automatically through our system. 

e)    Refunds and Disputes: All payments made to abdicar by Subscriber or on Subscriber’s behalf are nonrefundable (as per abdicar’s RP, which is incorporated by reference herein) – 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 abdicar within thirty (30) days of occurrence; otherwise Subscriber shall have waived all claims related thereto. If Subscriber disputes a charge to its credit card issuer, which charge abdicar deems, in its sole discretion, to be valid under the terms and conditions of this TOS Agreement, Subscriber shall pay abdicar, in addition to said disputed charge, an Administrative Fee of not less than $50.00 and not more than $150.00;

f)    Payment Declination/Rejection Charge: Should Subscriber’s credit card or any payment be declined or rejected for any reason, abdicar may charge Subscriber a $15.00 administrative fee per occurrence;

g)   Additional Charges for Failure to Timely Pay: Without limiting abdicar’s right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that abdicar provides to Subscriber, should abdicar suspend the service that abdicar provides to Subscriber because of Subscriber’s failure to timely pay any fee or amount due to abdicar, Subscriber may be required to pay abdicar, in addition to any fees and amounts due a $20.00 late fee.. Suspension of service does not relieve Subscriber of any responsibilities.

14. Rates / Charges / Service Plans: 

Make sure this section is consistent with what abdicar is going to do.

a)    10Mbit Un-metered Service Plan: Each server is connected via private (non-shared) 10Mbit port to the abdicar backbone shared by all servers subscribed to abdicar’s un-metered service plans. The bandwidth is NOT dedicated;

b)    Dedicated Bandwidth: Dedicated bandwidth, if not over-subscribed, is available at $4-$15/month/Mbit depending on commitment.

15. Unmetered and Burstable Bandwidth Usage:

abdicar will pro-actively monitor Subscriber's bandwidth/ backbone usage to ensure that bandwidth resources are shared equally among all abdicar subscribers. abdicar reserves the right to take corrective action if a plan Subscriber's usage adversely impacts other subscribers or the network. abdicar will never charge any overage fees regardless of Subscriber's bandwidth usage. However continuous bursting for several hours a day at the same time of day repeatedly may be considered abusive.

16. Service and Support:

Support & Support Boundaries: Within abdicar’s field of service and ability, abdicar offers 24 hours/day x 7 days/week technical support to Subscriber, except during a few holidays and company meetings when we temporarily close our facility. Subscriber’s server computer(s) housed at abdicar’s facility is(are) unmanaged, and abdicar offers only that the service provided by abdicar to Subscriber’s server computer(s) is online and remotely accessible. abdicar does not offer technical support for application-specific issues, and abdicar shall not provide technical support to Subscriber’s Sub-Users. Subscriber should contact abdicar by opening a help ticket with the support desk for technical assistance at Customer Portal. (need link) In the event abdicar needs to ship out of abdicar’s premises any failed component of a server owned or controlled by Subscriber for any reason, a $20.00 handling fee per shipment plus all shipping costs will be applied; abdicar.com reserves the right to respond to any ticket in the Customer Portal within 48 hours, without this implying any excessive difficulties leading to the cancellation of the service.

Service Faults / No abdicar Liability / No Warranty: abdicar does not guarantee that the service that abdicar provides, or is to provide, to Subscriber is or will be free from errors, omissions, corruption, attack, viruses, interference, loss, hacking, security intrusion, delays, non-delivery, wrong delivery or any other causes of interruption or damage (collectively “Service Faults”). As a reminder of, and not as a limitation of, abdicar’s limitation of liability under Section 10.B. above, in no case shall abdicar 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 the following:

• Subscriber’s or Subscriber’s Sub-Users’ use or inability to use the service (whether from Service Faults or otherwise) that abdicar 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.

abdicar AND ITS MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES, ATTORNEYS, AGENTS, CONTRACTORS AND LICENSORS HEREWITH EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NO REQUEST OR ADVICE FROM SUBSCRIBER TO abdicar, IN ANY FORM OF MEDIA, SHALL CREATE ANY WARRANTY.
SUBSCRIBER IS SOLELY REPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER’S NETWORK AND SYSTEM AND FOR ANY LOSSES THAT RESULT FROM SUBSCRIBER’S USE OF, OR INABILITY TO USE, THE SERVICE THAT abdicar PROVIDES, OR IS TO PROVIDE, TO SUBSCRIBER;

a)    Facility Access: The location of our data centers are kept strictly confidential for the security of our customers.  Our aim is to keep the data safe and secure, not only from hacker or other type of electronic intrusion, but also safe from physical intrusion.  At abdicar.com, we always place the safety of our customer’s data first. 

b)    IP Address Allocation / Ownership: If abdicar assigns Subscriber an Internet Protocol (“IP”) address and/or number(s) for Subscriber's use, the right to use that IP address/number shall belong solely to abdicar, and Subscriber shall have no right to use that IP address/number except as permitted by abdicar in its sole discretion in connection with the services provided by abdicar to Subscriber during the term of this TOS Agreement. abdicar shall maintain and control ownership of all IP addresses and numbers that may be assigned to Subscriber by abdicar, and abdicar reserves the right to change or remove any and all such IP addresses/numbers, in its sole and absolute discretion. abdicar’s allocation of IP addresses/numbers is limited by the policies, as they exist from time to time, of the American Registry for Internet Numbers (“ARIN”), including policies providing that the use of IP addresses or numbers for IP-based virtual hosts are not acceptable as justification for new IP addresses or numbers. Pursuant to ARIN’s policies, as they exist from time to time, Subscriber must use name-based hosting whenever possible. abdicar will periodically review IP address usage, and if abdicar finds that Subscriber and/or Subscriber’s Sub-Users are using IP addresses or numbers where name-based hosting could be used, abdicar.com will revoke authorization for the use of those IP addresses/numbers. All IP addresses/numbers that are allocated to Subscriber must be utilized within forty-eight (48) hours of allocation, otherwise abdicar may retract said unused IP address or number without prior notification to Subscriber.

17. 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 abdicar of any unauthorized use of Subscriber’s account or any other breach of security. Subscriber is solely responsible and accountable for, and abdicar shall not be responsible or accountable for, any/all activities that occur on or through Subscriber’s account, including any and all acts or omissions by, or attributable to, any third party, using the service that abdicar provides to Subscriber.

18. Disclosure of Subscriber’s Information to Law Enforcement and to Third Parties:
Subscriber herewith acknowledges and agrees that abdicar 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, abdicar will provide any third party with Subscriber contact information (including the name, telephone number, email address and other contact information of Subscriber). abdicar 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,

19. 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 abdicar 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:

• abdicar reserves the right to drop the section of any IP space involved in any SPAM/ UCE/ UBE or Denial of Service (DOS) complaints if abdicar.com 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);
• Subscriber will pay "Research Fees" of $175.00 per hour to compensate abdicar for employee time spent investigating Subscriber’s violation. abdicar reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated violation;
• First violations of abdicar’s SPAM/ UCE/ UBE policy will result in an "Administrative Fee" of $250.00; a second violation will result in an "Administrative Fee" of $500.00, and immediate cancellation of Subscriber’s service; and
• abdicar may notify law enforcement officials if the violation is believed to be a criminal offense;
• abdicar 's remedies are cumulative and they may be exercised concurrently or separately at any time.
• Lack of action by abdicar with respect to any remedy shall not serve as a waiver of that or any other remedy at any time;

IMPORTANT NOTICE:
A Subscriber hosting websites or services on Subscriber’s server computer supporting spammers or resulting in any of abdicar’s IP space to be listed in any of the various Spam Databases or black hole lists will have its service immediately disconnected. Such suspended service will not be reconnected until such time that Subscriber agrees to remove ANY and ALL traces of the offending material immediately upon reconnection, and agrees to allow abdicar access to its server computer(s) to confirm that all material has been COMPLETELY removed.
Because Subscriber is ultimately responsible for the actions and omissions of Subscriber’s Sub-Users, it is advisable that Subscriber develop a similar policy for its Sub-Users.

20. Compliance with abdicar’s AUP:

a)    abdicar’s AUP is an integral part of this TOS Agreement, and Subscriber agrees to comply with abdicar’s AUP and RP, and to take reasonable steps to ensure that Subscriber’s Sub-Users comply with abdicar’s AUP and RP at all times. abdicar’s AUP and RP apply to Subscriber and to each/all of Subscriber’s Sub-Users and to each/all server computer, network, device and/or system under Subscriber’s control or assigned to Subscriber related to the service abdicar provides to Subscriber. Subscriber is, and will be held, responsible and accountable for any and all activity and/or omission by, or attributable to, any third party directly or indirectly using or benefiting from abdicar’s services that violates any of the terms of abdicar’s AUP and RP;

b)    abdicar reserves the right to investigate actual, suspected or alleged violations of abdicar’s AUP and RP, which includes the right to access data, information, contents and records on, or associated with, any server computer(s) of, or assigned to, Subscriber. abdicar shall not be in default of this TOS Agreement if abdicar’s investigation causes Subscriber to incur downtime or requires the sequestering of all or a portion of the Subscriber’s server computers;

c)    abdicar may involve, and cooperate with, law enforcement authorities in investigating and/or prosecuting Subscriber and/or Subscriber’s Sub-Users who are involved in any violation of abdicar’s AUP and RP. Subscriber shall assist abdicar in complying with all laws, ordinances, regulations and rules related to the service abdicar provides to Subscriber. Subscriber shall cooperate and comply with any/all civil or criminal investigations regarding activity through, and data, information, contents and records on, or associated with, any server computer(s) of, or assigned to, Subscriber, including, without limitation, discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court or government entity (each an "Investigation"). Without limiting any other right of abdicar, abdicar reserves the right to comply with any Investigation without notice to Subscriber;

d)    Without limiting abdicar’s right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that abdicar provides to Subscriber, abdicar may also, in its sole discretion, take any one or more of the following remedies for a violation of abdicar’s AUP:

• Disable access to Subscriber’s content that violates abdicar’s AUP;
• Remove DNS records from Subscriber’s server computer(s);
• Block email or any other network services;
• Effect IP address null routing;
• Take direct action against Subscriber’s Sub-Users;
• Charge Subscriber for remedial actions, and recover any and all expenses from Subscriber in connection with any violation of abdicar’s AUP attributable to Subscriber.
• abdicar's remedies are cumulative and they may be exercised concurrently or separately at any time.
• Lack of action by abdicar with respect to any remedy shall not serve as a waiver of that or any other remedy at any time;

21. IRC:
If Subscriber runs IRC on our standard network, abdicar will disconnect the service that abdicar provides to Subscriber until Subscriber agrees to be moved to abdicar’s IRC network.

22. abdicar’s Remedies Cumulative/No Waiver:
abdicar’s remedies under this TOS Agreement are cumulative, and they may be exercised concurrently or separately at any time. Lack of action by abdicar with respect to any remedy shall not serve as a waiver of that or any other remedy at any time.

23. abdicar’s Trademarks:
All trademarks, service marks, logos, product names and service names of abdicar comprise the trademarks of abdicar, and Subscriber shall not, and shall not allow any third party to, display or use in any manner said trademarks without abdicar’s prior written permission.