Terms,
Conditions and Acceptable Use Policy
DigiServers provides
Internet World Wide Web page hosting, Marketing,
and Development. DigiServers has certain legal and
ethical responsibilities consisting with the use
of its server and equipment involved in these
services.
DigiServers general policy is to act as a provider of
internet presence. DigiServers has specific ethical
concerns regarding the use of its computers
detailed below. DigiServers reserves the right to
suspend or cancel a customer's access to any or
all services provided by DigiServers when we decide
that the account has been inappropriately used.
Specific
Acceptable Use Policies
Server abuse
Any attempt to undermine or cause harm to
a server, or customer, of DigiServers is strictly
prohibited.
Unauthorized use of
other people's accounts or computers
DigiServers will strongly react
to any use or attempted use of an Internet account or computer without
the owner's authorization. Such attempts include "internet scamming"
(tricking other people into releasing their passwords), password robbery,
security hole scanning etc.
Any unauthorized use of accounts or computers
by a DigiServers customer, whether or not the
attacked account or computer belongs to DigiServers
will result in action against the
attacker. Possible actions include warnings,
account suspension or cancellation, and civil
or criminal legal action, depending on the
seriousness of the attack.
Commercial advertisements
with e-mail
Unsolicited commercial advertisements
are not allowed in e-mail, and will likely result in account suspension
or cancellation.
Commercial advertisements are unwelcome in
most Usenet discussion groups and on most
e-mail mailing lists. Inappropriate posting
may result in account suspension or
cancellation. See the newsgroup or mailing
list's charter for whether advertising is
allowed or not. "Spamming," or
sending a message to many different off-topic
newsgroups, is particularly unethical and
will be treated as such.
Sending a message, especially an
advertisement, to more than five or six
recipients, is by itself spamming unless the
individuals have specifically requested to be
added to a mailing list on that topic. E-mail
is a person-to-person medium, not a broadcast
medium.
Chat Rooms
We do not allow clients to install their
own chat rooms, without approving it with the
DigiServers Support Team. Most chat rooms tend to
be large system hogs and we cannot allow it
as an account option. However, we do provide
a choice of Java chat rooms for a small extra
charge that will more than fill your needs
and run without hindering the performance of
the machine for others.
Background Running
Programs
We may allow programs to run continually
in the background. These are considered on a
one-to-one basis and an extra charge will be
incurred based on system resources used and
operational maintenance needed.
IRC
We currently do not allow IRC or IRC bots
to be operated on our servers.
Payment Policies
All accounts
are set up on a pre-pay basis. Setup fees are
charged for all new accounts and major account
changes and are non-refundable. All
pricing is guaranteed for the term of
pre-payment. DigiServers reserves the right to change
prices at any time, unless other terms have been
agreed upon. Any account not brought current
within a week (7 days) of e-mail notice or
exceeding this time frame in any way is subject
to suspension. The customer is responsible for
all money owed on the account from the time it
was established to the time that the customer
notifies DigiServers in writing for a request for
termination of services. All payment is in U.S.
currency.
Cancellation
DigiServers
reserves the right to cancel service at any time.
All fees paid in advance of cancellation will be
pro-rated and paid by DigiServers if DigiServers
institutes it's right of cancellation. Any
violation of policies which results in extra
costs will be billed to the customer (i.e.
transfer, space etc.)
All of DigiServers's web hosting plans are backed by a 30 day money back
guarantee. If you are not completely satisfied with our services or support within the
first 30 days of your contract, you will be given a full refund of the
contract amount excluding setup fees and overages.
Setup fees are refundable only if the account
order is canceled prior to activation. No refund is available after
the 30th day.
This policy does not apply to any additional services such as overages,
additional disk space, additional pop accounts, etc.
Due to security concerns, all
account cancellations must be done in writing via
US mail or fax with a valid signature of the
primary contact of the account, account name,
reason for cancellation. Phone
requests will not constitute acceptance of any cancellation.
If payment was made by
check or bank transfer, the zip/postal code of
the primary contact. Payment will be made by
company check within 15 days of receipt of
cancellation.
Lawful Purpose
DigiServers
reserves the right to refuse service to anyone.
Customers may only use DigiServers server for lawful
purpose. Transmission of any material in
violation of any Federal, State or Local
regulation is prohibited. This includes, but is
not limited to copyrighted material, material
legally judged to be threatening or obscene, and
material protected by trade secrets. DigiServers
expressly forbids anyone from using DigiServers
servers for the propagation, distribution,
housing, processing, storing, or otherwise
handling in any way lewd, obscene, or
pornographic material, or any other material
which we deem to be objectionable, including, but
not limited to, pornography, satanic materials,
and any and all materials of an adult nature. The
designation of any materials as such described
above is left entirely to the discretion of DigiServers management.
Indemnification
Customer
agrees that it shall defend, indemnify, save and
hold DigiServers harmless from any and all demands,
liabilities, losses, costs and claims, including
reasonable attorney's fees asserted against DigiServers, its agents, its customers, officers and
employees, that may arise or result from any
service provided or performed or agreed to be
performed or any product sold by customer, it's
agents, employees or assigns. Customer agrees to
defend, indemnify and hold harmless DigiServers
against liabilities arising out of; (1) any
injury to person or property caused by any
products sold or otherwise distributed in
connection with DigiServers's server; (2) any
material supplied by customer infringing or
allegedly infringing on the proprietary rights of
a third party; (3) copyright infringement and (4)
any defective products sold to customer from DigiServer's server.
Disclaimer
DigiServers will
not be responsible for any damages your business
may suffer. DigiServers makes no warranties of any
kind, expressed or implied for services we
provide. DigiServers disclaims any warranty or
merchantability or fitness for a particular
purpose. The includes loss of data resulting from
delays, non-deliveries, wrong delivery, and any
and all service interruptions caused by DigiServers
and its employees. DigiServers reserves the right to
revise its policies at any time.
All Sub-Networks,
resellers and dedicated servers of DigiServers must
adhere to the above policies.
Failure to
follow any term or condition will be grounds for
immediate account deactivation.
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