Digital K agrees to furnish services to the Client, subject to the following TOS (Terms of Service). Use of Digital K service constitutes acceptance and agreement to Digital K Terms of Service. These brief guidelines are imposed to protect you, other Digital K customers and us against such harm.
All provisions of this contract are subject to the Terms of Service of Digital K. The Terms of Service may be changed from time to time at the discretion of Digital K. Change to the Terms of Service by the Company shall not be grounds for early contract termination or nonpayment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Wisconsin, county of Calumet applicable to contracts enforceable in that state. Venue will be Calumet County, Wisconsin.
Payment Policies, Fees, Refunds and Terms of Agreement:
Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due in full on the 1st day of the month each month or year (depending on the billing schedule you signed up for). Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds. If cancellation is done by Digital K due to restrictions violation, there will be no refund. Additional features can be added at any time. Digital K reserves the right to change prices at any time.
Account Cancellation:
You may cancel at anytime. Cancellation of monthly hosting/maintenance requires a 30-day notice via email to Digital K or postal letter. It is your responsibility to secure email confirmation from Digital K that your account has been canceled. If you have not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. There is no cancellation fee and all fees paid for service up to the end of the current billing period are nonrefundable. Prepaid services, hosting, and domain name registrations are NONREFUNDABLE and there are NO exceptions. If you have a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve you of any outstanding financial obligations.
Indemnification Policy:
You agree to use all Digital K services and facilities at your own risk. Digital K specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Digital K be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Digital K harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Digital K, 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 Digital K against liabilities arising out of:
- any injury to person or property caused by any products sold or otherwise distributed in connection with a Digital K server;
- any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement and
- any defective products sold to customer from a Digital K server.
Digital K shall be the sole arbitrator of what violates this Policy.
SPAM Policy:
Digital K is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: over the Digital K network, by customers or any other users of the Digital K network (including customers' customers); AND/OR over ANY network- if the message sent advertises or mentions a site hosted on the Digital K server.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of message groups, posting obscene or threatening messages while using or referring to a Digital K email address or web site URL is prohibited. The use of Digital K servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a fee of $500 for each incident.
If you have any complaints or comments regarding Spam on our network, please direct them via email to Digital K.
Content Policy:
All services provided by Digital K may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any English Law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Digital K from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography and sex-related merchandising is prohibited on all Digital K servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Digital K will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to Digital K servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links include, but are not limited to:
- Pirated software
- Hacker programs or archives
- Warez sites
- Illegal MP3's
- Child Pornography
Digital K is in the business of providing web design and web hosting services. We do not allow the use of our services to promote the use of other web design and web hosting companies who are our direct competitors.
Any illegal activity, including adult content, links to adult content web sites, spamming or hacking may result in your site being suspended without warning. You may be required to pay a re-activation fee of $50.00.
Digital K will be the sole arbiter as to what constitutes a violation of this provision.
Email Policy:
Digital K may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 100 email addresses or more than 10 news groups.
CGI Scripts Policy:
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 effects normal server operation or service to other Digital K customers. No chat room or similar scripts allowed. Due to continued spamming of Matts formmail script, this script is banned from all Digital K servers.
Chat Policy:
Only the following chat rooms are allowed, which are available through your Control Panel: Java/CGI Chat Room and PhpMyChat Room. As an alternative, you may also link your site to a chat provider.
Refusal/Termination of Service:
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.
Any deliberate attempt to cause damage to Digital K or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
Traffic:
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $5.00 for each GB of traffic exceeded per month. You will NOT be charged for transfer that you use beyond our generous data transfer limits without prior notification. You can monitor your transfer at anytime in your Control Panel.
Backups:
Full backups are made weekly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and any information. The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of Digital K, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Digital K will attempt to recover the data from the most recent archive for a $100.00 fee.
Contact us today to get started!