TERMS & CONDITIONS -ADN SERVERS


ADN Servers, powered by ADN Digital, is an SBU of ADN Group.

 

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 18th February 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“) are 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 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 website (“Site”) or the date of acceptance and shall remain in force until it is terminated

 

Accepting the Terms

You can accept the Terms by:

  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
  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.

General Rules

  • By accepting this agreement, you agree and acknowledge that Your use of this Site 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, state, national and international laws, rules and regulations.You further acknowledge that you shall not use the services for:
    • 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;
    • Body parts, which includes organs or other body parts – live, cultured/preserved or from cadaver;
    • Child pornography in any form;
    • 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;
    • Copyright unlocking devices which includes Mod chips or other devices designed to circumvent copyright protection;
    • 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;
    • Infringement of the intellectual property rights of another User or any other person or entity;
    • 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;
    • Hacking and cracking materials which includes manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property;
    • Illegal goods which includes materials, products, or information promoting illegal goods or enabling illegal acts;
    • Offensive goods which includes literature, products or other materials that:
      • (i) Defame or slander any person or groups of people based on race, ethnicity, national origin, religion, sex, or other factors;
      • (ii) Encourage or incite violent acts;
      • (iii) Promote intolerance or hatred.
    • Offensive goods, crime which includes crime scene photos or items, such as personal belongings, associated with criminals;
    • Tobacco and cigarettes which includes cigarettes, cigars, chewing tobacco, and related products;
    • Hampering with the operation of this Site or the Services found at this Site;
    • Coping or distribute in any medium any part of this Site or the Services, except where expressly authorized by ADN;
    • Re-sell or provide the Services for a commercial purpose, including any of ADN’s related technologies, without ADN’s express prior written consent;
    • Transform or alter any part of this Site or the Services found at this Site or any of its related technologies;
    • Access to ADN Content or User Content through any technology or means other than through this Site itself, or as ADN may entitle;
    • 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.

     


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.

Service Delivery Time

  • 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 15 minutes to maximum 24 hours depending on the complexity of the problem and the existing queue of customer issues.After getting an Order of Single Site or Multi Site Linux or Windows Hosting, the hosting orders will be processed within minimum 15 minutes to maximum 24 hours depending on the complexity of its setup and configuration.In case of Large Solutions like Dedicated Server, Cloud Solution etc, the server’s orders will be processed within minimum 3 to maximum 7 working days depending on the complexity of it’s setup and configuration and the available queue.In any worst case if stock is not available, if system configuration takes additional time, if customer has any additional requirement the timeline of setup and deployment might be extended. The customer will be flexible about this issue.

Service Commitments

  • Uptime: ADN Servers ensures 99.99% guaranteed uptime per month. However, visitor’s internet problem, ISP block problem, regional network problem or service maintenance work etc. are not a part of Downtime. In case of Downtime, if customer claims, 50% of the price of that day will be refunded to customer back as a guarantee commitment.Data Safety: 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, move or access client cPanels with permission from specific client.Suspension or Termination: ADN Servers will never suspend or terminate your website, hosting, domain or any service without proper notification. However, unless it is a major crime or illegal act.Domain Ownership: When you purchase a domain, you are the owner of that domain. You will get full access to your domain from ADN Servers. The WhoIs record will show your information for sure. ADN Servers never restricts you to transfer your domain to any other company. You are free to move your domain service anytime.

Charges & Fees

  • ADN Servers 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 anytime.ADN Servers doesn’t accept any kind of partial payment for its products and services.Against every payment ADN Servers must generate a Digital Invoice (Downloadable and Printable from Customer Account). ADN Servers strictly informs to its customers not to pay without any Invoice. At first, an “Unpaid Invoice” is generated, and once the Invoice is paid the customer receives 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. Customer’s Billing Cycle will not be changed.

Return & Refund

  • Refund policy is applicable for Single Site cPanel Hosting, Multi Site cPanel Hosting and Plesk Hosting only. Refund policy is not applicable at all for any other kind of product/service.. If a customer claims Refund later on, we will not be responsible for it anyway.If the quality of ADN Servers products and services (Single Site cPanel Hosting, Multi Site cPanel Hosting, Plesk Hosting) are not satisfactory as per written on the website or brochure, and if the customer claims within 7 days of his purchase, then ADN Servers will refund his payment (except the Gateway Charge/Transaction Fee) within next 15 days of customer complain.After purchasing a Domain name request to change Domain name is not permissible. Once a name is registered it is registered for the registration time period. Domain names are not changeable.If a customer purchases a product from one Platform (like Linux) and wants to move to another Platform (like Windows), such migration will not be technically feasible and possible.

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, Payza, Skrill, SSLCommerz etc.ADN Servers also uses bKash Payment and Payment through different Corporate Banks like CitiBank UK, ICICI Bank India, BRAC Bank Bangladesh etc.All the Transactions are made in the name of ADN Servers (as a Brand) or SuperbNexus (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.

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.
    1. Any cPanel of the Shared/Managed/Reseller Web Hosting is eligible to use only:
      1. 400,000 Inodes at Max
      2. 300 Mails per Mail Account per Hour
      3. Below 15% of the server resources at a time.
    2. The following Web Hosting products are usable for selling cPanel Accounts to 3rd Parties:
      1. Reseller Hosting
      2. Virtual Private Server
      3. Dedicated Server

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 one-hundred (100) 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.

Server Abuse

  • Any attempt to undermine or cause harm to a ADN Servers server or another ADN Servers Client is strictly prohibited.Any attempt to undermine any ADN Servers web site or a web site of another ADN Servers Client 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. A fine of two-hundred (200) USD may be ADN Servers for intentional server abuse.

Disclaimer

    1. Termination

     

    This Agreement may be terminated by either party upon sixty (60) day written notice to the other. This agreement shall also terminate 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.

    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.

  • 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 Site if ADN reasonably believes the User is a rehash wrongdoer. If ADN terminates your access to this Site or the Services found at this Site, 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 site facilitated by ADN or presented on this Site). 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.
    1. REPRESENTATIONS AND WARRANTIES.

    This Site 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:

    1. You are eighteen (18) years of age or older.
    2. otherwise recognized as being able to form legally binding contracts under applicable law, or
    • are not a person barred from purchasing or receiving the Services found under the laws of Bangladesh or other applicable jurisdiction, or
    1. 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 will be by and by 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.
    2. 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.

     

    1. 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.

     

    1. 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 (“ADN Content”), 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.

     

    1. Indemnification
      You agree to indemnify, defend and hold harmless ADN, our affiliates, and their 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.

     

    1. 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.

     

    1. 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.

     

    1. 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.

    1. 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.

     

    1. 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 will Client be entitled to recover damages from ADN Servers.

     

    1. 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.

     

    1. 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 DISCLAIMS 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.

     

    1. CUSTOMER PRIVACY and INFORMATION SECURITY:

    ADN supports the protection of customer’s privacy policy. We may not share your system or service or product architecture, information or to any third party. ADN SERVER gathers the majority of the data that via both computerized means, for example, communications, profiles, and cookies. Individual Information you give us relies upon the kind of service, support, or sale inquiry, and may include your name, address, telephone number, fax number and email address, dates of service provided, types of service provided, payment history, manner of payment, amount of payments, date of payments, domain name, service type, service billings, credit card, PayPal, AlertPay, Bank Account Details or other payment information. The payment related data will be exchanged just be utilized to charge you for the items and administrations you acquired. All delicate data is gathered on our safe server.

     

    1. Disclosure to Law Enforcement

    Notwithstanding contained anything in clause 26 ADN may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies.

     

    1. The headings herein are for convenience only and are not part of this Agreement.

     

    1. 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.

     

    1. 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.
    2. 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.

     

    1. 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 our rights and obligations under this Agreement and may engage subcontractors or agents in performing our duties and exercising our 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.

    1. Force Majeure

    Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

     

    1. 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.