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

Use of any of abdicar.com services by Subscriber implicitly and explicitly constitutes acceptance of abdicar’s Terms of Service (TOS), Acceptable Use Policy (AUP) and Refund Policy (RP).

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 the Subscriber, and the Subscriber’s acceptance and use of said service, constitute the Subscriber’s acceptance of, and agreement to, this TOS Agreement as well as the 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 the Subscriber hereunder at anytime, without further obligation. The Subscriber may cancel this TOS Agreement and the service that abdicar provides to the Subscriber hereunder by requesting cancellation via opening a support ticket through the Customer Portal 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. The 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 the Subscriber’s responsibility to separately confirm that abdicar has timely received a notice of requested cancellation, and the Subscriber must make arrangements to pick up any server/computer that he/she owns and remove it 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 the Subscriber, abdicar also reserves the right to temporarily disconnect (suspend) the service that abdicar provides to the Subscriber (or any one of them, if the Subscriber has more than one account or server) when the following happens:

• Subscriber’s failure to timely pay any fee or amount due to abdicar, in which case abdicar will first send the Subscriber an email indicating that the Subscriber’s account is overdue and advising the Subscriber that the service that abdicar provides to the Subscriber may be terminated if payment is not made within 24 hours; and/or
• If abdicar determines, in its sole judgment, that the Subscriber is in violation of this TOS Agreement (which includes abdicar’s AUP and RP), and abdicar believes that the 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 the Subscriber’s server computers, if the Subscriber uses more than one) that abdicar provides to the Subscriber may be terminated, without notice to the Subscriber, until abdicar’s investigation is complete. Said 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 is not obligated to review activities or notify of violations:
Abdicar is under no obligation to review the Subscriber’s and/or any of the 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 the 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 http://abdicar.com/abdicar/company-policies, and the Subscriber’s use of abdicar’s services after abdicar posts such amendment(s) on its website shall constitute the Subscriber’s acceptance of any/all such amendments. Amendment(s) shall not constitute grounds for the Subscriber’s early cancellation of this TOS Agreement or the service, nor grounds for the Subscriber’s non-payment for the service that abdicar provides to the Subscriber after the effective date of such amendment(s), and the Subscriber shall continue to be bound by the terms and conditions of this TOS Agreement, as amended, for any service provided by abdicar to the Subscriber thereafter. It is the 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:
The 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 the Subscriber.

7. Waiver:
Waiver by abdicar of the 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 and the RP).

8. Compliance with law:
In as much as the service that abdicar provides to the Subscriber is controlled and operated by abdicar from its facilities in the Costa Rica, the Subscriber shall comply with all International, Costa Rican, US, local, state, federal and national laws, statutes, ordinances and regulations that apply to the Subscriber’s use of the service that abdicar provides to the Subscriber, as well as with all laws in all other jurisdictions that apply to the Subscriber’s use of the service that abdicar provides to the 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, the 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 the Subscriber must be filed within one (1) year after such claim or cause of action arose or be forever barred.

10. Responsibilities:

a) The Subscriber Shall Defend and Indemnify abdicar: Subscriber shall fully defend, indemnify, pay and hold harmless abdicar and its managers, board members, shareholders, 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, the 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 the Subscriber’s or a Subscriber’s Sub-User’s act or omission, the 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, the Subscriber is provided on an “as is” and “as available” basis, and the Subscriber’s use of said service is at the Subscriber’s sole risk. In no case shall abdicar or any of its managers, board members, shareholders, 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 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, the Subscriber;
• Any destruction, damage, taking, unavailability or other loss of the 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 the 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 the Subscriber is entirely responsible and accountable for, any and all of the 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, the Subscriber’s server computer (or any server computer internally assigned to the Subscriber) at abdicar’s premises and/or using the service that abdicar provides to the Subscriber;

d) The Subscriber’s Responsibility to Enforce: It is the Subscriber’s responsibility to ensure that the 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 the Subscriber is, and will be held, responsible for the Subscriber’s acts and omissions and for the acts and omissions of Subscriber’s Sub-Users related thereto. It is in the Subscriber’s best interest to implement a similar policy of acceptable use and compliance among the Subscriber’s Sub-Users;

e) The Subscriber’s Network / Security: The 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. The Subscriber is solely responsible for any intrusions into, or security breaches of, any of its server computers, networks or systems. The Subscriber is solely responsible and accountable for, and abdicar shall not be responsible or accountable for, any/all activities that occur on or through the 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 the Subscriber;

f) The Subscriber’s Responsibility to Backup System/Data – Deletion of System/Data: abdicar is not responsible for, and the Subscriber is solely responsible for, backing up the Subscriber’s system/data, including any/all system/data of any Subscriber’s Sub-User, related to the Subscriber’s server computer (or any server computer internally assigned to the Subscriber) at abdicar’s premises and/or to the service that abdicar provides to the Subscriber. ;

g) The Subscriber’s Responsibility To Insure: abdicar is not responsible for, and the Subscriber is solely responsible for, fully insuring the Subscriber’s and Subscriber’s Sub-Users’ system/data against destruction, damage, taking, unavailability or other loss, and abdicar is not responsible for, and the Subscriber is solely responsible for, fully insuring any/all server computers, components and equipment owned or controlled by the 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;

11. The Subscriber Contact Information, Updates & ID:
The Subscriber shall, through our Customer Portal at https://abdicar.com/cp 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 the Subscriber, charge payments to the Subscriber and otherwise contact the Subscriber as may be required from time to time in the course of this TOS Agreement.

12. Age/ Legal Authority:
If the Subscriber is an individual, the 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 the Subscriber, and the Subscriber herewith assures abdicar that the Subscriber meets said age requirement. If the Subscriber is an entity, the 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 the Subscriber.

13. Payment Information:
a) Service Rates: The nature of the service that abdicar provides to the Subscriber, and the rates and fees thereof, have been communicated to the 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 http://abdicar.com, 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 $4.95 reconnection surcharge. After the account is suspended, abdicar can terminate said account if payment is not received in the following twenty four hours, under abdicar’s sole discretion. Once an account is terminated or suspended, all of the files and pertinent data will be eliminated from our servers.  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 the 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 the Subscriber. The Subscriber agrees that abdicar may automatically charge the Subscriber’s credit card each month, and may process the 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 the 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 previous to the due date, 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 the Subscriber or on Subscriber’s behalf are non refundable (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 the Subscriber shall have waived all claims related thereto. If the 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, the 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 the Subscriber, should abdicar suspend the service that abdicar provides to the Subscriber because of Subscriber’s failure to timely pay any fee or amount due to abdicar. Suspension of service does not relieve the Subscriber of any responsibilities.

14. Unmetered and Burstable Bandwidth Usage
Abdicar will pro-actively monitor the 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 Subscriber’s plan usage adversely impacts other subscribers or the network. Abdicar will never charge any overage fees regardless of the Subscriber’s bandwidth usage. However continuous bursting for several hours a day at the same time of day repeatedly may be considered abusive.

15. 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 the Subscriber, except during a few holidays (both Costa Rica and US Holidays), and company meetings when we temporarily close our facility. The Subscriber’s server computer(s) housed at abdicar’s facility is(are) unmanaged, and abdicar offers only that the service provided by abdicar to the 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 the Subscriber’s Sub-Users. The Subscriber should contact abdicar by opening a support ticket at Customer Portal at https://abdicar.com/cp.  abdicar.com reserves the right to respond to any ticket in the Customer Portal within the following 72 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 the 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, board members, shareholders, 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:

• The 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, the Subscriber,
• Any destruction, damage, taking, unavailability or other loss of the 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 the Subscriber’s account or
• Any third-party conduct or other matter relating to the service.

ABDICAR COMMUNICATIONS, S.A. AND ITS MANAGERS, BOARD MEMBERS, SHAREHOLDERS, 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 THE SUBSCRIBER TO ABDICAR, IN ANY FORM OF MEDIA, SHALL CREATE ANY WARRANTY.

THE SUBSCRIBER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE SUBSCRIBER’S NETWORK AND SYSTEM AND FOR ANY LOSSES THAT RESULT FROM THE SUBSCRIBER’S USE OF, OR INABILITY TO USE, THE SERVICE THAT abdicar PROVIDES, OR IS TO PROVIDE, TO THE 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 the Subscriber an Internet Protocol (“IP”) address and/or number(s) for the Subscriber’s use, the right to use that IP address/number shall belong solely to abdicar, and the 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 the 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 the 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”) and Latin American and Caribbean Internet Addresses Registry (“LACNIC”), 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/LACNIC’s policies, as they exist from time to time, the Subscriber must use name-based hosting whenever possible. Abdicar will periodically review IP address usage, and if abdicar finds that the 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 the Subscriber.

16. Unauthorized Use of Account:
The Subscriber shall not reveal the Subscriber’s account information to anyone. The Subscriber shall protect and maintain the confidentiality and security of the Subscriber’s account. The Subscriber shall not use anyone else’s account, and the Subscriber shall immediately notify abdicar of any unauthorized use of the Subscriber’s account or any other breach of security. The Subscriber is solely responsible and accountable for, and abdicar shall not be responsible or accountable for, any/all activities that occur on or through the Subscriber’s account, including any and all acts or omissions by, or attributable to, any third party, using the service that abdicar provides to the Subscriber.

17. Disclosure of Subscriber’s Information to Law Enforcement and to Third Parties:
The Subscriber herewith acknowledges and agrees that abdicar may disclose any and all of the Subscriber information, including, but not limited to, the 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 the Subscriber. In addition, as may be allowed by ARIN/LACNIC policies from time to time, abdicar will provide any third party with the Subscriber contact information (including the name, telephone number, email address and other contact information of the Subscriber). Abdicar shall apply the terms of this section to any/all of the Subscriber’s Sub-Users, and the Subscriber shall notify all of Subscriber’s Sub-Users of these terms,

18. SPAM / Unsolicited Commercial Email (UCE) / Unsolicited Bulk Email (UBE):

DO NOT SPAM FROM YOUR ACCOUNT. The Subscriber may not use or permit others to use the service that abdicar provides to the 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 the Subscriber’s network or on a Subscriber’s Sub-User’s network, or if DOS attacks are originating from the Subscriber’s network);
• The Subscriber will pay “Research Fees” of $175.00 per hour to compensate abdicar for employee time spent investigating the 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; IN BOTH CASES THE CREDIT CARD ON FILE WILL BE CHARGED IMMEDIATELY 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 the 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 the 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 the Subscriber is ultimately responsible for the actions and omissions of Subscriber’s Sub-Users, it is advisable that the Subscriber develops a similar policy for its Sub-Users.

19. 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.

20. Abdicar’s Trademarks:
All trademarks, service marks, logos, product names and service names of abdicar comprise the trademarks of abdicar, and the 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.

The Subscriber acknowledges and agrees that the provision of services to the Subscriber by abdicar.com and/or Abdicar Communications S.A. (hereinafter abdicar), and the Subscriber’s acceptance and use of abdicar’s services, constitute the Subscriber’s acceptance of, and agreement to the terms and conditions of this document — abdicar ‘s Acceptable Use Policy (henceforth abdicar’s AUP) — and that abdicar’s AUP is an integral part of, and is incorporated by reference into, the Terms Of Service (“TOS”) Agreement and the Refund Policy (RP) by and between abdicar and the Subscriber.

Abdicar may amend abdicar’s AUP from time to time by posting it at http://abdicar.com/company-policies/, and the Subscriber’s use of abdicar’s services after abdicar posts any such changes on its website shall constitute the Subscriber’s acceptance of any/all such amendments.

VIOLATIONS:
Doing, causing or allowing (whether by act or omission) any of the following, and/or any direct or indirect aiding or abetting of any person or entity to do, cause or allow (whether by act or omission) any of the following, is considered a violation of abdicar’s AUP and of the TOS Agreement between abdicar and the Subscriber:

1. Illegal Activities: Using abdicar’s services for illegal purposes or in support of illegal activities, including, but not limited to, transmitting (by email, uploading, posting or otherwise) or distributing, downloading, copying, caching, hosting or storing data, information or content which, in abdicar’s sole determination, constitutes a violation of any relevant law, regulation, ordinance or court order. The Subscriber shall be responsible for determining what laws, regulations, ordinances and court orders are applicable to its use of abdicar’s services;
2. Threats: Using abdicar’s services to transmit (by email, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any material that threatens or encourages bodily harm, destruction of property or any other type of harm;
3. Harassment: Using abdicar’s services to transmit (by email, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any material that harasses or stalks another;
4. Harmful: Using abdicar’s services to transmit (by email, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any material that is harmful, abusive, defamatory or libelous;
5. Violation of Duty: Using abdicar’s services to transmit (by email, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any material in violation of any duty under any law (including court order), contract or any fiduciary relationship;
6. Forgery or Impersonation: Adding, removing, modifying or forging any message header, network header, TCP/IP packet header or any part of any header or information in any transmission (including any email, upload, posting or other transmission), originating or passing through abdicar’s services, in an effort to deceive or mislead another; impersonating or attempting to impersonate any person or entity in any transmission (including any email, upload, posting or other transmission) originating or passing through abdicar’s services; misleading or attempting to mislead any person or entity by use of incorrect identifying information. The use of anonymous re-mailers or nicknames does not constitute a violation hereunder. Subscriber must maintain a policy requiring proper “From” and/or “Reply To” headers on all email and usenet postings.
7. Fraud/Fraudulent Activity: Using abdicar’s services in furtherance of or involving any fraudulent activity or fraudulent purpose, or to make any fraudulent offers to sell or buy products, items or services, or to advance any type of financial scam including, but not limited to, pyramid schemes, chain letters or any other financial scam; using abdicar’s services to effect a misrepresentation or misleading statement, writing or activity;
8. SPAM / Unsolicited Commercial Email (UCE) / Unsolicited Bulk Email (UBE): Using abdicar’s services to: transmit (by email, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any spam, UCE or UBE; operate mailing lists, listservers or mailing services that target an audience that has not voluntarily signed up for email information using a double opt-in process or that has not made their email addresses available to the Subscriber for distribution of information; effect spamming via third-party proxy, aggregation of proxy lists or installation of proxy mailing software; accept and process third-party messages for sending without user identification and authentication; host, or permit hosting of, web pages, sites or information advertised within SPAM, UCE or UBE from another network (such as spamvertising); violate the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), establishing requirements for sending certain types of commercial mail. IMPORTANT NOTICE: A Subscriber hosting websites or services on Subscriber’s server 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. Subscribers who operate mailing lists, listservers or mailing services must a) maintain complete and accurate records of all consents and opt-ins, including the actual emails and their headers, b) provide such records to abdicar upon request, and c) allow any party on the list to remove itself automatically and permanently. If Subscriber cannot provide proof of such consents and opt-ins, abdicar will consider the mass mailing to be unsolicited. Subscribers must maintain proper security on their servers to prevent them from being used as SPAM amplifiers by third parties;
9. Interference: (Several of the sites called this “threatening the integrity of the network” or “threatening the integrity of another network”) Interfering with, disrupting or adversely affecting, or attempting to interfere with, disrupt or adversely affect, the ability to use abdicar’s services, the Internet or any other services or equipment (this includes denial of service attacks against another network, host or individual user); using abdicar’s services to interfere with, disrupt or adversely affect, or to attempt to interfere with, disrupt or adversely affect, the service of any subscriber, subscriber’s sub-users, host, network or system, including, without limitation, via means of overloading, flooding, email bombing, news bombing, crashing or any similar activity; using abdicar’s services to impede another person’s use of electronic mail services or news; using any program, or sending messages of any kind, designed to interfere with or disable a user’s session;
10. Usenet SPAMing: Using abdicar’s services for the purpose of transmitting (by email, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any material, messages or commercial advertisements that violate the regulations, FAQ’s, charters, policies or other rules of any newsgroup or mailing list. Usenet posts and content must conform to standards established by the Internet community and the applicable newsgroup rules; commercial messages deemed appropriate under the rules of a newsgroup or mailing list, or that are solicited by the recipients, are permitted;
11. Unauthorized Access (Cracking/Hacking): Accessing, corrupting or taking, or attempting to access, corrupt or take, any data, information or the accounts of others; logging into a server or account, or entering or using or attempting to enter or use another person’s or entity’s computer system which Subscriber/ Subscriber’s Sub-User is not authorized to access, enter or use; penetrating or attempting to penetrate abdicar’s security measures or another person’s or entity’s computer software or hardware, electronic communications system, or telecommunications system or security; and any similar activity prohibited by federal, state or local law;
12. Infringement on Intellectual Property Rights: Using abdicar’s services to transmit (by email, uploading, posting or otherwise), distribute, download, copy, cache, host or store on a server any information, data, content, material or work that infringes any copyright, trademark, service mark, patent, trade secret any or other intellectual property right(s) of any person or entity;
13. Collection of Personal Data: Using abdicar’s services to collect, or to attempt to collect, personal information about third parties without the third party’s(ies’) knowledge or consent;
14. Unfriendly Activity: Subscriber’s/ Subscriber’s Sub-User’s (as defined in the TOS Agreement) allowance of others to use its/their network, or permitting its/their network to be configured in such a way that affords a third party the capability to use its/their network, in an illegal, inappropriate or unfriendly manner; causing or initiating security breaches or disruptions of network communication or connectivity; executing any form of activity that intercepts data not intended for Subscriber’s/ Subscriber’s Sub-User’s server(s); evading or circumventing user authentication or security of any host, network or account; engaging in any conduct designed to avoid restrictions or access limits to specific services, hosts or networks; probing, scanning or testing, or attempting to probe, scan or test, the vulnerability of a system or network without proper authorization; breaching or attempting to breach security or authentication measures without proper authorization; taking any action in order to obtain, or attempting to obtain, services to which such Subscriber/ Subscriber’s Sub-User is not entitled;
15. Distribution of Unwanted Software: Using abdicar’s services to effect the intentional distribution of software or computer code, files or programs that causes, or attempts to cause, damage, harassment or annoyance to persons, entities, data and/or computer systems;
16. Inappropriate Use of Software: Using abdicar’s services to employ software or any device that would facilitate a continued connection (such as pinging) or would negatively affect a person’s or entity’s ability to engage in real time exchanges;
17. IRC Networks: Running IRC on abdicar’s standard network. IRC is allowed only on abdicar’s separate IRC network.;
18. IP Addresses: Using IP addresses that were not assigned to the Subscriber by abdicar;
19. Support to Terrorists: Using abdicar services to provide support or resources (including concealing or disguising the nature, location, source, or ownership of support or resources) to any organization designated by the U.S. government as a terrorist organization pursuant Section 219 of the Immigration and Nationality Act, the USA PATRIOT Act (H.R. 3162) and the The Terrorism Act 2006.
20. Gambling:Using abdicar services for or to promote gambling that is or may be prohibited or restricted by any state or federal gambling laws or regulations for servers in the US. Servers in Costa Rica have different law applications;
21. Harm to Minors / Child Pornography: Harm to Minors / Child Pornography: Using abdicar services to harm minors in any way or transmitting (by email, uploading, posting or otherwise), distributing, downloading, copying, caching, hosting or storing on a server any child pornography as defined by US and International law. Adult content is allowed, provided that it does not violate any of the aforementioned terms, copyright infringement or failure provide full 2257 compliance ; and
22. Violation of Security: Violating or attempting to violate the security of abdicar’s systems.

It is Subscriber’s obligation to maintain and enforce these provisions against all of Subscriber’s Sub-users, to maintain its own abuse/postmaster email addresses for reporting abuses and to promptly and appropriately respond to all emails sent to these addresses.

Please consult an attorney if you are uncertain of the legal status of your services or any of your activities.

Abdicar will comply with all orders and obligations of any court or government agency.

abdicar expressly disclaims any liability for the data and content residing on its network and for the actions and inactions of its Subscribers, including Subscriber’s Sub-Users

abdicar Communications, S.A. (hereinafter abdicar) reserves the right to cancel any and all agreements between Subscriber and abdicar at anytime, without any further obligation, for any or no reason.  Not by way of limitation, abdicar also reserves the right to temporarily disconnect (suspend) the service that abdicar provides to subscriber as indicated in Paragraph number 3 of the Terms of Service Agreement (TOS) without incurring any liability or obligations.  Cancellation by abdicar of the service abdicar provides to Subscriber will not in any way incur any obligations whatsoever for choosing to enforce abdicar’s implicit and explicit rights under the TOS and Acceptable Use Policy (AUP).

Subscriber may cancel the service that abdicar provides to Subscriber 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. 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.

The subscriber accepts that All Payments to abdicar Communications, S.A. and/or abdicar.com Are Non-Refundable.

This Affiliate Agreement (hereinafter the “Agreement”) is made and agreed to between abdicar Communications, S.A., hereinafter “abdicar.”, and you (“You”) or your (“Your”) regarding the abdicar’s Hosting Affiliate Program Policy.

Only individuals 18 years of age or older may participate in this service. You must provide abdicar with up-to-date, complete and accurate information. You must use your own resorces to send traffic to your affiliate link provided by abdicar after signup and approval of the account.

By joining in this program, you agree to the following:

• You will NOT earn a commission on the purchase of your own personal hosting accounts.
• Conducting paid search campaigns that use the “abdicar” keyword or any phrase using the word “abdicar” is strictly disallowed.
• No direct linking to abdicar.com, since you will not earn commissions from linking without the proper use of your affiliate link. You must use your affiliate link as is for proper tracking.
• Affiliates cannot use our URL as the display URL of any advertisements.
• The use of iframes or any other techniques or technology that places your affiliate tracking cookie by any means other than an actual click-through is forbidden.

Those affiliates who violate the above are subject to a reversal of commissions and termination of affiliate program membership.

ABDICAR reserves the right to deny your membership to the affiliate program for any reason. ABDICAR reserves the right to terminate this Agreement and your right to use or receive any services or benefits including residuals relating to the ABDICAR program immediately if you breach any term herein at ABDICAR sole discretion effective immediately after sending written or email notice to you at the last email address that you have in the Customer Portal at https://abdicar.com/cp.

You will earn the 10% of each completed & non-fraud order after 90 days in a recurring payment for each month, for as long as the client keeps the service, and the invoices are paid and updated in abdicar.com.

ABDICAR will provide you a one-time bonus of $50.00 (fifty US dollars) that is going to be in your first withdrawal once your commissions balance reaches the amount of $500.00 which is the minimum threshold established.

ABDICAR will pay to all our affiliates using PayPal as default payment method.

ABDICAR reserves the right to cancel the affiliate status at any time, for any reason that abdicar considers correct; without allowing the subscriber to hold abdicar.com liable in any way.