ADN Servers, powered by ADN Digital, 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
Accepting the Terms
You can accept the Terms by:
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.
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.
Suspension or Termination: You agree that ADN may suspend services without notice and without liability if:
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.
Migration: 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.
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.
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:
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.
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 (“Server 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Except the payment oblifation, 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.
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.