|
Digital Pure's Terms of Service and Acceptable Usage Policy Digital Pure is a Web Solutions Provider. User accounts on our Internet servers are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your placement or placement on your behalf of information on Digital Pure's servers is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind yourself or on your behalf on Digital Pure's servers. You will be held responsible for all actions performed by your account whether it be done by you or by others! If server security is compromised,the account holder is responsible for all violations of the TOS and AUP, including SPAM, and all disconnect and reconnect fees associated with violations. USER CONDUCT Digital Pure's services may only be used for lawful purposes. Any use of these services, which violates any local, state, federal, or international laws, which may apply to Digital Pure, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. Fraud In the event fraud is discovered,fraudulent customer is subject to immediate suspension/termination at the sole discretion of Digital Pure.All information available to Digital Pure about the fraudulent account/server will be submitted to both local authorities, as well any financial institutions involved. All fraud orders are investigated, and all fraudulent customers will be prosecuted to the fullest extent of the law, whether it is within the United States, or abroad. INDEMNIFICATION You agree to indemnify, defend, and hold harmless Digital Pure from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Digital Pure, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content. REFUSAL OR DISCONTINUANCE OF SERVICE Digital Pure reserves the right to refuse or discontinue service to anyone at Digital Pure's sole discretion. Digital Pure may deny you access to all or part of the service without notice if you engage in any conduct or activities that Digital Pure in its sole discretion believes violates any of the terms and conditions in this agreement. Digital Pure shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Digital Pure has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Digital Pure reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. NO WARRANTIES Digital Pure makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Digital Pure or its agents or employees shall create a warranty. Digital Pure provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Digital Pure be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Digital Pure service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service. ECPA NOTICE Digital Pure reserves the right to monitor any and all communications through or with our facilities. You agree that Digital Pure is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded. IDENTIFICATION INFORMATION You agree that you as the person legally responsible for use of this account are at least 18 years of age. You agree to supply Digital Pure with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use. NO INTERFERENCE WITH OPERATION OF SYSTEM You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to. SECURITY You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify Digital Pure immediately by telephone at 866.483.6163 and in writing by registered mail return receipt requested to Digital Pure, 9411 Lee Hwy #1008, Fairfax VA 22031. You shall be held fully responsible for any misuse or compromise to your account for which Digital Pure is not properly notified. You agree that if any security violations are believed to have occurred in association with your account, Digital Pure has the right to suspend access to the account pending an investigation and resolution. You also agree that Digital Pure has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and be immediately reported to the appropriate authorities. BACKUP OF DATA Your use of the service is at your sole risk. Digital Pure is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on Digital Pure servers. TRANSMITTAL OF MATERIALS You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of Digital Pure or any other service with reference to services obtained through Digital Pure, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, Digital Pure, or any other party or parties resulting from any such conduct. Spam Customers of Digital Pure may not use or permit others to use our network to transact in Unsolicited Commercial Email or Spam of any type. Customers of Digital Pure may not host, or permit hosting of, sites or information that is advertised by Unsolicited Commercial Email from other networks. Digital Pure will suspend any server activity if a Spamhaus complaint is issued. Customers are responsible for security of their server. If a server is hacked, or otherwise maliciously controlled, customer assumes all liability for the actions of that server, including ending of spam. If Digital Pure must suspend/terminate a customer’s server due to SPAM issues, a $500 disconnect fee will be applied. To reestablish a server disconnected for SPAM,and additional $300 reconnect fee will apply. No data may be accessed on the Spam server until the disconnect and reconnect fees are fully paid. For repeat offenders, a $750 final termination fee may be applied. If final termination fee is applied, services and account will be completely terminated. DMCA Complaints Digital Pure handles any and all DMCA complaints very seriously, and will investigate them. Digital Pure reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. The first violation of this policy will result in an 'Administrative Fee' of $350, and if severe enough, potential termination of the server or account. A second violation will result in an 'Administrative Fee' of $750 and will also result in the immediate termination of the server or account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $250 per hour that Digital Pure personnel must spend to investigate the matter, to be charged only if claims are found to be valid. We take DMCA Complaints extremely seriously, save yourself and us the trouble. PAYMENT You agree to supply appropriate payment for the services received from Digital Pure, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that until and unless you notify Digital Pure of your desire to cancel any or all services 90 days prior to renewal via email, those services will be billed on a recurring basis. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that Digital Pure may apply the amount due to the provided card at any time. You agree that pro-rated refunds for unused time periods will be not provided in the event of account termination. Non-Payment/Service Interruption Service interrupted for non-payment is subject to a $350 reactivation fee.Data stored on a Customer Servers will not be available to the customer until reconnection is established. Customers deactivated for non-payment or charge-back are subject to their data being destroyed after 14 days from termination/charge-back date. Refunds/Charge Backs All overcharges or charge disputes must be reported within 30 days of the time that the dispute occurred. If a charge, that is deemed valid by the sole discretion of Digital Pure and validated by our TOS or AUP, is disputed to our Credit Card Issuer by issuing a charge-back, then you agree to pay an 'Administrative Fee' of $200 fee, in addition to whatever amount of money was charged back. Cancellations Digital Pure requires a twenty five business (25) day notice of cancellation prior to the billing date for the upcoming term. A twenty five business (25) day notice before the upcoming billing date is also required for any downgrades. All customer data will be destroyed 14 days after the cancellation date. Usage and Overages Customers Agree to pay any and all overage charges accrued on their account from the previous month. Overage charges are billed per gigabyte at a rate of $2.50 (two dollars and fifty cents). Digital Pure reserves the right to suspend any account which does not pay all overage charges. Digital Pure is not responsible for spikes in bandwidth that are caused on a customer’s server for any reason. Customer is liable for all bandwidth to and from their server. CANCELLATION You agree to prepay for 1 year (12 months) of service in advance, for accounts. You have the right to cancel your account at anytime. If you cancel your service prior to end of your term, and request a refund Digital Pure will prorate the services used to the end of the next month at the following rates (personal accounts $15.00 a month, business accounts $30.00 a month) for services used. DOMAIN NAMES You agree that Digital Pure will register any domain on your behalf upon request. Registration of the domain will be in the name of client or business for owner and administrative contacts. Digital Pure will be listed as the technical contact on all domains registered on your behalf. Changes The TOS and AUP are both subject to change at any time at the sole discretion of Digital Pure, a change in policy shall not be grounds for early contract termination or non-payment. Customer recognizes that the nature of the service supplied and the initial rates and charges have been communicated to Customer. The Customer is aware that from time to time rates may change based on availability of hardware and overall market fluctuations, if a change is going to in anyway alter the recurring monthly bill of a customer, it will be communicated prior to actual billing. PRIOR AGREEMENTS This agreement supersedes any written, electronic, or oral communication you may have had with Digital Pure or any agent or representative thereof, and constitutes the complete and total agreement between the parties. SEVERABILITY If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable. JURISDICTION The laws of the State(s) of Virginia shall govern this agreement. ACKNOWLEDGEMENT By using and continuing to maintain or place information on Digital Pure's servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them. |
Verse of the day
