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| Acceptable Usage Policy (AUP): |
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DigitalServers impose reasonable rules and regulations regarding use of our services. Such rules and regulations are called Acceptable Use Policies (AUPs) and Terms of Service (TOS). By registering for our services, and thereby accepting the terms and conditions on the order form you agree to abide by the AUPs and TOS as modified from time to time. Any violation of the AUPs may result in the suspension or termination of your account or such other action as DigitalServers deems appropriate. An unlisted activity may also be a violation of the AUPs if it is illegal, irresponsible, or disruptive use of the Internet. No credits will be issued for any interruption in service resulting from policy violations.
Use of our Service constitutes acceptance and agreement to our AUP(Acceptable Usage Policy) as well as TOS (Terms of Service)
IMPORTANT NOTICE:
All Payments To DigitalServers Are Non-Refundable.
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our AUP and TOS, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. We may also co-operate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your account or other actions as detailed below without no$tice, based upon the nature of the violation.
No DigitalServers, servers or networks may be used for:
 Email spamming
IRC Hosting or Services of any kind
Warez, Hacks or Serials sites
Child Pornography
Illegal content or activities
Any other type of high packet load or disruptive network traffic
Ask before you attempt something questionable, it will save us all a lot of trouble.
Customer Security Responsibilities:
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack.In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach.
System And Network Security:
Violations of system or network security are prohibited, and may result in criminal and civil liability. DigitalServers may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. *
Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Password Protection:
The customer is responsible for protecting customer's password and for any authorized or unauthorized use made of customer's password. The customer will not use or permit anyone to use DigitalServers service to guess passwords or to access other systems or networks without authorization.DigitalServers will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.
Commercial Advertisements with Email:
DigitalServers takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of DigitalServers may not use or permit others to use our network to transact in UCE. Customers of DigitalServers may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Sending a message, especially an advertisement, to more than five recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. This includes both commercial advertisements and informational messages sent to recipients via electronic mail (email) as well as off-topic messages posted in Usenet discussion groups where the recipient has not requested or invited the message. Email is a person-to-person medium, not a broadcast medium.
Customers of DigitalServers are strictly prohibited from using or permitting others to use UCE or SPAM over our network. As our Customers are ultimately responsible for the actions of their clients over the DigitalServers network, it is advisable that Customers develop a similar, or stricter, policy for their clients. Violation of DigitalServers SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, DigitalServers will initiate an immediate investigation (within 48 hours of notification). During the investigation, DigitalServers may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, DigitalServers may at its sole discretion restrict, suspend or terminate customer's account. Further, DigitalServers reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. DigitalServers will notify law enforcement officials if the violation is believed to be a criminal offense.
Any Investigation, correction or Fixes under voilation of DigitalServers AUP's may result to $75/hour fee. Modification: DigitalServers reserves the right to add, delete, or modify any provision of our AUP's and TOS at any time without notice. |
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| Terms of Service (TOS): |
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DigitalServers agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of DigitalServers Service constitutes acceptance and agreement to DigitalServers AUP as well as DigitalServers TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of DigitalServers and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of DigitalServers . Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by DigitalServers, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.
2. DigitalServers will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will pay DigitalServers any additional fees as specified in the Service Description within three (3) days of invoicing period. Any BW overage bill not paid within three (3) days of invoicing will be subject the server and services to suspension.
Payments and Fees:
Acceptable means of payment are credit card, paypal, and wire transfer. Paypal payments must be submitted to paypal@digitalservers.net . Payments made by paypal will be reflected to the account within 24 business hours. Accounts paid by wire transfer must submit Halfyearly or Yearly payments for service. Payment is due on the defined monthly recurring billing date of each month. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $150.00 reconnection charge. Accounts not paid by due date are subject to a $10.00 late fee. Accounts that are not collectable by DigitalServers will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty($50.00) nor more than One Hundred, Fifty($150.00)
Delinquent Accounts:
DigitalServers may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.
Account Cancellation:
All requests for canceling any service / services must be made in writing at least 2 days prior your new billing period begins. For cancelation you should open a Ticket with our Billing Department on our Support Portal at http://support.digitalservers.net. Confirmation Receipt of cancellation will be sent within 24 hours. An account is not cancelled until a confirmation is sent.
Refunds and Disputes:
All payments to DigitalServers are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, in DigitalServers discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in immediate service interruption, and reconnection fees to restore the desired service. |
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| Service Level Agreement (SLA): |
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DigitalServers is an Unmanaged Dedicated Server Provider and we just guarantee Networks Uptime and Hardware Replacement.
Network Uptime Service Level Agreement:
We at DigitalServers make sure that our network has a 99.9% Uptime and that's what we guarantee to our customers. Many possible situations are completely beyond the control of DigitalServers , and therefore are not in the scope of this Refund Policy. These situations include:
Scheduled Network Maintenance - occasionally network maintenance will be required. DigitalServers will do everything possible to minimize and avoid downtime during this maintenance. You will receive prior notification of upcoming maintenance at the email address we have on file. Scheduled maintenance periods are not eligible for SLA credits.
Hardware Maintenance - on rare occasions, the hardware in your Dedicated Server may need maintenance or replacement. DigitalServers will do everything possible to minimize any downtime in these situations per our hardware replacement SLA. Any downtime incurred as a result of this maintenance will not be counted towards our network SLA.
Software Maintenance - an important part of managing a dedicated server is keeping the software up to date. If a customer chooses to have DigitalServers to manage their server, occasional software updates will be required to address security or performance issues. Usually customers will experience little or no downtime in these situations, but we cannot guarantee a specific amount of time in all situations.
Malicious Attacks - if a third party not associated with DigitalServers initiates a "Denial of Service" or other form of disabling attack against a customer's Dedicated Server or major portions of our network, DigitalServers will do everything in it's power to stop the attack, but cannot guarantee a resolution time.
Control Panel Issues - if a customer chooses to run Control Panel on a Dedicated Server, the default install will be configured for automatic updates of Control Panel related software. On occasion, one of these automatic updates could adversely affect all or part of the Control Panel related software on customer's server. DigitalServers will do whatever is necessary to fix any Control Panel related problems, but cannot guarantee a resolution time.
Hardware Replacement Service Level Agreement:
DigitalServers guarantees that in the event of a dedicated server hardware failure, the faulty hardware will be replaced within 3 hours of identifying the problem. In the event that this guarantee is not met, DigitalServers will issue a credit for ten times the actual amount of additional downtime. The amount of compensation may not exceed the customer's monthly recurring charge. This guarantee does not include the time it takes to perform additional software related maintenance, including rebuilding web accounts from backups or rebuilding raid arrays.
In the event that DigitalServers does not meet this SLA, Dedicated Hosting clients will become eligible to request compensation for downtime. If DigitalServers is directly responsible for causing the downtime, the customer will receive a credit for 10 times ( 1,000% ) the actual amount of downtime. This means that if customers server is unreachable for 1 hour (beyond the 0.0% allowed), you will receive 10 hours of credit. DigitalServers is not directly responsible for causing the downtime, the customer will receive a credit for 10 times ( 1,000% ) the actual amount of downtime.
All requests for compensation must be received within 4 business days of the incident in question. The amount of compensation may not exceed the customer's monthly recurring charge. |
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