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1.) Account Setup
We will setup your account after we have received payment and
we and/or our payment partner(s) have screened the order(s) incase
of fraud. It is your responsibility to provide us with an email
address which is not @ the domain(s) you are signing up under.
2.) Content
All services provided by
Digicom.com may only be used for lawful
purposes. This includes, but not limited to: copyrighted material,
material we judge to be threatening or obscene, pornography. The
customer agrees to indemnify and hold harmless Digicom.com from
any claims resulting from the use of our services.
Examples of unacceptable material:
IRC Bots
Warez Sites
Pirated Software
Hate sites
Hack programs and archives
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited
e-mail, bulk emailing, and spam. "Safe lists" and "double optin"
will be treated as spam. Any user who sends out spam will
have their account terminated without notice.
Digicom.com reserves the right to require changes or disable
as necessary any web site, account, database, or other component
that does not comply with this policy, at its sole discretion.
Digicom.com also reserves the right to make any such modifications
in an emergency at our sole discretion.
Digicom.com reserves the right to charge the holder of the
account used to send any unsolicited e-mail a clean up fee. This
cost of the clean up fee is left entirely to the discretion of
Digicom.com. All rights reserved.
4.) Payment Information
You agree to supply appropriate payment for the services received
from Digicom.com, in advance of the time period during which
such services are provided. You agree that until and unless you
notify Digicom.com of your desire to cancel any or all services
received, those services will be billed on a recurring basis.
Digicom.com reserves the right to change the monthly payment
amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk.
Digicom.com 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 backup of files and data stored
on Digicom.com servers.
6.) Cancellation and Refunds
Digicom.com reserves the right to cancel the account at any
time.
Customers may cancel at any time.
Digicom.com gives you an
unconditional 30 day money back guarantee on managed shared
hosting solution's. Refund requests after 30 days
will be refunded on a prorated basis of any unused time.
Only first-time accounts
are eligible for a refund. For example, if you've had an account
with us before, cancelled and signed up again, you will not be
eligible for a refund or if you have opened a second account with
us.
7.) Resource Usage
Users may not initiate the following:
a) Use 25% or more of system resources for longer then 90
seconds. There are numerous activities that could cause such
problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that
require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point
in time on the server. This includes any and all daemons, such
as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay
Chat) network.
e) Run any gaming servers such as counter-strike, half-life,
battlefield1492, etc
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance
varies depending on the hosting package you purchase. Should your
account pass the allocated amount we reserve the right to suspend
the account until the start of the next allocation, suspend the
account until more bandwidth is purchased at an additional fee,
suspend the account until you upgrade to a higher level of package,
terminate the account and/or charge you an additional fee for
the overages. Unused transfer in one month cannot be carried over
to the next month.
9.) Money back Guarantee
We reserve the
right to refund a prorated amount or no refund at all.
Each of Digicom.com's managed shared, and reseller plans
carries a 30 day unconditional money back guarantee on them. If
you are not completely satisfied with our services within the
first 30 days of your service, you will be given a full refund of
the contract amount.
10.) Price Change
The amount you pay for hosting will never increase from the
date of purchase. We reserve the right to change prices listed on
Digicom.com, and the right to increase the amount of resources
given to plans at any time.
11.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold
Digicom.com harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's fees
asserted against Digicom.com, 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, its agents, employees or assigns. Customer agrees to
defend, indemnify and hold harmless Digicom.com against liabilities
arising out of; (1) any injury to person or property caused by
any products sold or otherwise distributed in connection with
Digicom.com; (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 customers from Digicom.com's server.
12.) Disclaimer
Digicom.com will not be responsible for any damages your business
may suffer. Digicom.com makes no warranties of any kind, expressed
or implied for services we provide. Digicom.com disclaims any
warranty or merchantability or fitness for a particular purpose.
This includes loss of data resulting from delays, no deliveries,
wrong delivery, and any and all service interruptions caused by
Digicom.com and its employees.
13.) Changes to the TOS
Digicom.com reserves the right to revise its policies at any
time without notice.
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