Terms Of & Service

1. Application of Servermania SLA These AdminRDP Service Level Agreements (SLAs) provide Customers with certain rights and remedies regarding the performance of the AdminRDP and servers (as defined below). Use of AdminRDP Service constitutes acceptance and agreement to AdminRDP AUP (Acceptable use Policy) as well as AdminRDP TOS (Terms of Service) available on www.AdminRDP.com

2. Definitions For purposes of these AdminRDP SLAs, the following terms have the meanings set forth below: * “Base Monthly Service Fee” consists solely of the base monthly fee paid by Customer for the affected AdminRDP service and excludes all other fees which might be charged to Customer, including, by way of example and not limitation, set-up fees, fees for local loop, space rental fees, charges for additional services such as managed services, incremental bandwidth usage or hard drives beyond that which is available without additional charge under AdminRDP standard rates, hourly support, and other types of optional additional services.

3. Summary of AdminRDP SLAs As described in more detail below, this AdminRDP SLAs provides commitments based upon goals in the following key areas:

4. AdminRDP Availability 100% Service Uptime Guarantee. Do to our extensive network infrastructure, AdminRDP can provide its customers with a 100% Network Uptime Guarantee. In the event that any service does not experience 100% uptime in a given month, AdminRDP will credit 5% of customer’s base monthly service fee for the first hour of downtime and subsequently an additional 20% for each hour of downtime thereafter with a maximum of an 60% refund. Any emergency scheduled downtime taken by AdminRDP will not apply towards this downtime calculation, nor to the credit calculation. This guarantee applies to AdminRDPs network uptime and not to any hardware, software or services running on a customer’s server/

5. Exceptions

AdminRDP cannot be held liable for server downtime or data loss in any circumstance unless due to direct negligence including but not limited to the following circumstances:

Circumstances beyond AdminRDP reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, unavailability of or 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 AdminRDP SLAs;

Failure to access circuits to the AdminRDP Network, unless such failure is caused Solely by AdminRDP;

Scheduled maintenance and emergency maintenance and upgrades;

DNS issues outside the direct control of AdminRDP;

False SLA breaches reported as a result of outages or errors of any AdminRDP uptime monitoring system; or Customer’s acts or omissions (or act or omissions of others engaged or authorized by Customer), including without limitation, any negligence, willful misconduct, or use of the AdminRDP or AdminRDP services in breach of AdminRDP Terms and Conditions of Service or AdminRDP Acceptable Use Policy.

AdminRDP ACCEPTABLE USE POLICY

AdminRDP Inc.’s (“AdminRDP” or the “Company”) Acceptable Use Policy (“AUP”) is provided to give its Subscribers and Users a clear understanding of what AdminRDP expects of them while using the Services. With respect to AdminRDP’s Services, those who pay a service fee to subscribe to the Services (“Subscribers”), must comply with this AUP and with AdminRDP’s Terms of Service (“TOS”).

Any terms not herein defined shall have the meaning ascribed to them in the AdminRDP TOS. Use of the AdminRDP Services constitutes acceptance and agreement to AdminRDP’s AUP as well as AdminRDP’s TOS.

AdminRDP supports the uncensored flow of information and ideas over the Internet and does not actively monitor Subscriber activity under normal circumstances. Similarly, AdminRDP does not exercise editorial control over the content of any website, e-mail transmission, newsgroups, or other material created or accessible over or through the Services, except for certain proprietary websites. However, in accordance with AdminRDP’s TOS, AdminRDP may remove any materials that, in its sole discretion, may be illegal, may subject them to liability or which may violate this AUP. AdminRDP may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. A Subscriber’s violation of this AUP may result in the suspension or immediate termination of the Subscriber’s AdminRDP account.

This Policy is intended to provide a basic understanding of AdminRDP’s AUP, the purpose of which is to:

Ensure reliable service to AdminRDP customers;

Ensure security and privacy of AdminRDP’s systems and network, as well as the networks and systems of other Subscribers and other users on the Internet;

Comply with existing applicable laws;

Maintain AdminRDP’s reputation as a responsible service provider;

Encourage responsible use of the Internet and discourage activities, which reduce the usability and value of Internet services;

Preserve the value of Internet resources as a conduit for free expression and exchange of information; and

Preserve the privacy and security of individual Subscribers. AdminRDP intends to provide its Subscribers access to everything the Internet has to offer. While AdminRDP is firmly committed to the principles of free speech, certain activities may be damaging to the resources of both AdminRDP and the Internet and cannot be permitted under the guise of free speech. The resources of AdminRDP and the Internet are limited and abuse of these resources by any Subscriber can have a negative impact on the entire community. AdminRDP does not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in AdminRDP’s efforts to promote good .

citizenship within the Internet community, AdminRDP will respond appropriately if it becomes aware of any inappropriate use of its Services. A Subscriber may not use the Services to publish material, which AdminRDP determines, in its sole discretion, to be unlawful, indecent or objectionable. For the purposes of this Policy, “material” refers to all forms of communication including narrative descriptions, graphics (including photographs, illustrations, images, drawings and logos), executable programs, video recordings and audio recordings. If a AdminRDP account is used to violate the Company’s AUP or TOS, AdminRDP reserves the right to terminate a Subscriber’s Services without notice. AdminRDP prefers to advise Subscribers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the AUP will result in immediate termination of a Subscriber’s Services. AdminRDP’s failure to enforce this Policy, for whatever reason, shall not be construed as a waiver of its right to do so at any time. As a member of the AdminRDP network community, a Subscriber must use their Internet access responsibly. Any questions regarding this Policy should be directed to abuse@AdminRDP.com.

Violations of AdminRDP’s AUP

The following constitute violations of this AUP: Illegal Use: AdminRDP Services may not be used for illegal purposes, or in support of illegal activities. AdminRDP reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing;

Harm to Minors: Use of the AdminRDP Services to harm, or attempt to harm, minors in any way, including, but not limited to child pornography;

Threats: Use of the AdminRDP Services to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property;

Harassment: Use of the AdminRDP Services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another;

Fraudulent Activity: Use of AdminRDP Services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes”, “ponzi schemes” or “chain letters”;

Forgery or Impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead the Company is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous “remailers” or nicknames does not constitute impersonation;

Unsolicited Commercial E-mail / Unsolicited Bulk email (“SPAM”): Use of the AdminRDP Services to transmit any unsolicited commercial email or SPAM is expressly prohibited. Violations of this type will result in the immediate termination of the offending AdminRDP account.

Any Subscriber hosting websites or Services on their server that support spammers or cause any of AdminRDP’s IP space to be listed in any of the various SPAM databases will have their server immediately removed from AdminRDP’s network. The server will not be reconnected until such time as the Subscriber agrees to remove ANY and ALL traces of the offending material immediately upon reconnection and agrees to allow AdminRDP access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from the AdminRDP network without notice to the Subscriber. Any server guilty of a second violation WILL be immediately and permanently removed from the AdminRDP network without notice.

Email / News Bombing: Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending AdminRDP account.

Email / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the AdminRDP Services is in violation of this AUP.

Usenet SPAMing: AdminRDP has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Unauthorized Access: Use of the AdminRDP Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of AdminRDP or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending AdminRDP account is subject to immediate termination.

Copyright or Trademark Infringement: Use of the AdminRDP Services to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Collection of Personal Data: Use of the AdminRDP Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Network Disruptions and Unfriendly Activity: Use of the AdminRDP Services for any activity, which affects the ability of other people or systems to use AdminRDP Services or the Internet. This includes denial of service (“DOS”) attacks against another network host or individual Subscribers. Interference with or disruption of other network Subscribers, services or equipment is prohibited. It is the Subscriber responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. AdminRDP will not tolerate any Subscriber attempting to access the accounts of others, or penetrating the security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Rights: Distribution and/or posting of copyrighted materials or the commission of any of the other aforementioned infringements will not be tolerated. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using AdminRDP Services could result in suspension service.

Third Party Accountability: AdminRDP Subscribers will be held responsible and accountable for any activity by third parties, using their account that violates guidelines created within the AUP. Security: Subscribers are responsible for any misuse of their account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, Subscribers must take steps to ensure that others do not gain unauthorized access to their account. In addition, Subscribers may not use their accounts to breach the security of another account or attempt to gain unauthorized access to another network or server. As each Subscriber’s password provides access to their account, it is their responsibility to keep their password secure. Sharing passwords and account access with unauthorized Subscribers is prohibited. A Subscriber should take care to prevent others from using their account since they will be held responsible for such use. Attempting to obtain another Subscriber’s account password is strictly prohibited, and may result in termination of the Services. A Subscriber must adopt adequate security measures to prevent or minimize unauthorized use of their account. A Subscriber may not 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 them, logging into or making use of a server or account they are not expressly authorized to access or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. A Subscriber may not attempt to interfere with the Services provided to any other Subscriber, host or network (“denial of service attacks”). This includes, but is not limited to “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. Subscribers who violate systems or network security may incur criminal or civil liability. AdminRDP will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Performance: AdminRDP accounts operate on shared resources. Excessive use or abuse of these shared network resources by one Subscriber may have a negative impact on all other Subscribers. Misuse of network resources in a manner that impairs network performance is prohibited by this Policy and may result in the termination of a Subscriber’s account. With respect to the cloud computing, virtual private and hybrid server Services, Subscribers are prohibited

from excessive consumption of resources, including CPU time, memory, disk space and session time. Subscribers of the aforementioned Services may not use resource-intensive programs, which negatively impact other Subscribers or the performances of AdminRDP systems or networks. AdminRDP reserves the right to terminate or limit such activities.

Reporting Violations Of AdminRDP’s AUP

AdminRDP requests that anyone who believes that there is a violation of this AUP to direct the information to the Company’s Abuse Department at abuse@servermania.com. If available, please provide the following information:

1. The IP address used to commit the alleged violation;
2. The date and time of the alleged violation, including the time zones or offset from GMT.
3. Evidence of the alleged violation.
4. E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information.

AdminRDP may take any one or more of the following actions in response to complaints

Issue written or verbal warnings’

Suspend the Subscriber or the User’s newsgroup posting privileges;

Suspend the Subscriber’s account

Terminate the Subscriber’s account;

Bill the Subscriber for administrative costs and/or reactivation charges; and

Bring legal action to enjoin violations and/or to collect damages, if any caused by violations.

Revisions to this AUP

AdminRDP reserves the right to revise, amend or modify this Policy as it deems appropriate, from time to time. Subscribers should refer back to this page periodically for the latest information. AdminRDP Acceptable Use Policy “AUP” is provided to give our customers and users a clear understanding of what AdminRDP expects of them while using the service. All users of AdminRDP Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service). Use of AdminRDP Service constitutes acceptance and agreement to AdminRDP AUP as well as AdminRDP TOS (Terms of Service).