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These are the terms and conditions for use of the services provided by DigitalNines.com. We reserve the right to make adjustments to this document without warning or notice. It is the customer's responsibility to stay current with this policy. Accepting these terms of service is the legal equivalent of a physical signature, and by doing so, you, the customer, agree to adhere to the policies herein. Please read everything. If you have any questions, please contact us.
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At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. All setup fees for accounts that are on a quarterly or greater contract period are waived. Payments are due on the 1st of the month or the start of a contract period. Please note that we will setup your account and email your login information upon receipt of payment. The invoice will be mailed to the e-mail billing address in customer's profile. Customers are responsible for keeping the billing e-mail address current.
Reocurring payments are setup for customer's convenience for credit card and check payments. There is a $25 service charge for all returned checks. Payments via credit cards will be charged from Propay or 2CheckOut.com. Credit card charge dates may occasionally be delayed, but this does not imply that the due date has changed. A late fee will not apply, if it is our fault that the payment is posted late. Currently only MasterCard and Visa credit cards are accepted.
Any account using more monthly bandwidth or disk space than it's plan allows for will be required to pay overages upon receipt and may also be required to upgrade their plan. Any customer found to be abusing our services, will be charged a $20 abuse fee per infraction.
Payment is due by the due date in the invoice. In the event the customer has an invoice older than the due date, the customer will be charged a $5 late fee to the invoice overdue and the account is subject to suspension. Full payment of all outstanding invoices and applicable reinstament fees are required to reinstate the account. After suspension, payment must be received in full within 30 days or the account will be terminated and placed into collections. In the event that an account is placed into collections, the entire balance plus collection agency fees and reinstatement fees must be paid prior to account re-activation. If the collection of the debt requires legal assistance, the customer is held responsible for any reasonable attorneys' fees, and court costs.
Those who issue a charge-back with their credit card provider will be forwarded to collections and will be responsible for all related fees, and any fees associated with the chargeback process. Be advised that this will negatively affect your credit rating.
A refund may be requested on or before the 15th day of service for any valid reason, subject to the discretion of DigitalNines.com. This is available on all accounts on a quarterly or greater contract period. Packages purchased on a sale or discount rate lower than the normally listed prices are not eligible for a refund. The unused portion of the plan will be refunded. Domain registration and overage fees are not refundable. All customers must send written notice of cancellation to support@digitalnines.com and service and charges will end at the end of the current billing cycle. PayPal customers must cancel their subscription to terminate service. We will not end service until the subscription is cancelled. We reserve the right to terminate or refuse service to anyone. Falsification of contact information is grounds for immediate termination. Accounts suspended due to content or violating our terms of service or acceptable use policy are not refunded under any circumstances.
If you subscribed to our hosting plan with Paypal payments and if we get notice from Paypal.com regarding your subscription cancellation, we have full right to suspend your hosting account until the subscription is reinstated. We do not offer service with cancelled subscriptions.
Non-U.S. clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. However, if you would like to pay some other way, please let us know and we will do our best to accommodate you. Please make payments in United States Dollars (USD) by credit card or Paypal. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.
All services provided may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless DigitalNines.com and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken.
You are responsible for conforming to all federal, state, and local laws regarding the Internet and electronic communication. You must respect the intellectual property and copyrights of resources provided by others on the net. You may not participate in any illegal activities while using your account. You must obey the laws of the United States and other countries that you communicate with over the net. We cannot and do not monitor or control traffic content to/from our service. You are responsible for keeping your activities legal, and for censoring yourself and colleagues. Customer is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation. Should the posted material fall into this category, we reserve the right to immediately refuse or terminate service.
Adult content is permitted, unless it violates any laws. Child pornography and any other illegal content is prohibited.
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required) or reduce the resources used to an acceptable level. We shall be the sole arbiter of what is considered to be a high server usage level. Any account deemed to be adversely affecting server or network performance will be shut down without prior notice.
While we do back up our system files, we do not back up files uploaded by our customers. This means that if you upload web pages or other personal files to our system, you must keep a backup on your own machine. Customer agrees that we have the right to delete all data, files, or other information that is stored on our computers upon termination of services, or cancellation of account due to non-payment. We are not responsible for backups of files, websites, game servers, databases, and anything else. Subscriber acknowledges that they will backup their own files and data from the backup utility provided from their control panel. Any backups that we do of customer data are voluntary on our part and cannot be depended on.
Customer is expected to keep all passwords secret. Passwords allow access to your private messages and billing information. If we believe a customer's password has been compromised, we reserve the right to change the customer's password without notice. Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of our servers and network; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks, spoofing or modifying of any TCP-IP packet header or any other header information in an email or a newsgroup posting.
Customer is responsible for registering domain names. Domain names can be registered online at DigitalNines.com or any authorized 3rd party. If an IP based account, customer will be assigned an IP Addresses by us, and must return to us the rights to same when service is discontinued.
Customer shall not assign or transfer the rights or obligations associated with this assignment, in whole or in part, without our written consent.
Refunds on cancellation are subject to the discretion of DigitalNines.com. Valid reasons for a refund do not include misunderstanding of services provided. Also, they do not include "lag" or high ping (within reason) on game servers, although severe, permanent cases will probably be refunded. In some cases when we decide to give a refund, there may be a 20% fee that is non-refundable in addition to the service time already used.
Customer will have 30 days from notification of price increases to cancel affected service without penalty. Prices may be reduced or new services and options may be put into effect without advance notice.
All reseller sites on our servers must abide by the content guidelines as established in the general terms of service and acceptable use policy. Resellers are responsible for ensuring that their clients' sites fall within those guidelines. Sites found to be violating content guidelines will result in a notice being sent to the reseller for action. Should the reseller fail to take appropriate action, a warning will be issued to the reseller, and the offending site's owner will be notified directly by our Abuse Investigation department. Repeated warnings will result in the termination of the reseller's contract. Repeated violation by a site owner who is a client of the reseller will result in the suspension or deactivation of the client site.
Resellers are responsible for acquiring and maintaining their own merchant account(s), providing domain registration services (if needed) for their clients, and providing support services to their clients. Complaints regarding resellers who violate these policies, or who are found to have misleading or false advertising on their sites will be issued a warning. Repeated violations may result in a suspension or a request to select another hosting company.
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that affects normal server operation without prior warning.
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include: adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.
IRC egg drops
Proxy servers
Mail bombers
Anonymous mailers
IP spoofers
Port scanners
nph-proxy
UBB (Ultimate Bulletin Board, all versions)
Ikonboard, Yabb (all versions)
lstmrge.cgi
FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed. See here
. Try this PHP version of the same script.
Background daemons in general are prohibited, we will consider requests on a one on one basis. If allowed extra charges will be assessed based on resources on system maintenance needed.
We currently do not allow IRC or IRC bots to be operated on our servers, without prior permission.
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM/illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $100 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.
Customer agrees that it shall defend, indemnify, save and hold DigitalNines.com and it's associates harmless from any and all demands, liabilities, losses, costs, claims, and expenses, including reasonable attorney's fees asserted against DigitalNines.com, its agents, its customers, officers, agents, shareholders, 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, or from any damage to customer's business, service, equipment, network, operations, or reputation resulting from DigitalNines.com's actions. Customer agrees to defend, indemnify and hold harmless DigitalNines.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Accounts Reinstatement: Accounts and domains deleted due to violation of our acceptable use policy cannot be reinstated. Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion.
We will not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going off-line or being unavailable for any reason whatsoever. Furthermore, we will not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of our servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to abuse@digitalnines.com. All complaints will be investigated promptly.
IN NO EVENT SHALL DigitalNines.com BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR FOR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECT IN TRANSMISSION, OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE OBLIGATIONS OF DigitalNines.com PURSUANT TO THIS AGREEMENT. DigitalNines.com MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE FOR THE SERVICE OR LOCAL ACCESS, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY DigitalNines.com ARE HEREBY EXCLUDED AND DISCLAIMED.
We cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by us are resold. Thus, certain equipment, routing, software, and programming used by us are not directly owned or written by us. Moreover, we hold no responsibility for the use of our client's accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as we see fit. Futhermore, we retain the right to change any or all of the above policies, guidelines, and disclaimers without notification.
Customer uses our services at customer's own risk.
If any portion of this agreement is found to contradict federal, state, or local laws, the remaining portions will remain in full force until account termination. Both parties agree to submit any dispute relating to the subject matter of this Agreement to binding arbitration, pursuant to the commercial rules of the American Arbitration Association. The parties surrender and waive the right to submit any abatable dispute to a court or jury, or to appeal to a higher court. The arbitrator(s) shall not have the power to award punitive, consequential, indirect, or special damages. The arbitrator shall have the power to award costs and reasonable attorney fees to the prevailing party.
These terms and conditions are current as of 12/01/2002.
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