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IMPORTANT! THESE TERMS AND CONDITIONS (THESE "TERMS AND CONDITIONS")
GOVERN THE USE OF THE DIGITAL PROVIDER EST. WEB SITE, MATERIALS AND
SERVICES BY YOU AND YOUR EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO
AS "YOU"). BY USING THE WEB SITE/MATERIALS/SERVICES, YOU AGREE TO ALL OF
THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS.
DIGITAL PROVIDER EST. RESERVES THE RIGHT TO CHANGE THESE TERMS AND
CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THE WEB
SITE/MATERIALS/SERVICES AFTER SUCH CHANGES ARE POSTED TO THE WEB SITE
CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS
AND CONDITIONS REGULARLY
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does
not signify our acceptance of your order, nor does it constitute
confirmation of the order or our offer to sell. We reserve the right, in
our sole discretion, without prior notification, to accept or decline
your order or limit the order quantity for any reason. For credit card
payments, such payment is subject to the approval of the financial
institution issuing the credit card and we shall not be liable in any
way if such financial institution refuses to accept or honor the credit
card for any reason. We may require, at our option, that any order
placed over certain dollar amounts receive our pre-approval. We also may
require additional verification or information before accepting any
order.
Acceptance of Contractual Agreement
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 DIGITAL PROVIDER EST., that you are agreeing to our
TOS, AUP, and SLA. No modifications of said contract by customer are
allowed.
2. DIGITAL PROVIDER EST. 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 he/she
is 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 or disk usage in any month exceeds allotted amount, specified
in Customer’s contract, Customer will pay DIGITAL PROVIDER EST. any
additional fees as specified in the Service Description. If you do not
pay, DIGITAL PROVIDER EST. will suspend your account until payment is
received.
Payment:
Establishment of this service is contingent upon receipt of payment from
Customer to DIGITAL PROVIDER EST.. Subsequent payments are due on the
anniversary date of the month for that month’s service, unless customer
requests all monthly payments to be consolidated to one specific billing
date.
Payments and Fees:
Payment is due on the defined monthly recurring billing date of each
month. Credit cards that are declined for any reason are subject to a
$10.00 declination fee. Service will be interrupted on accounts that
reach 7 days past due. Service interrupted for non-payment is subject to
a $10.00 reconnect charge. Accounts not paid by due date are subject to
a $5.00 late fee.
Delinquent Accounts:
DIGITAL PROVIDER EST. 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.
ACCEPTANCE OF TERMS
DIGITAL PROVIDER EST. ("DIGITAL PROVIDER EST.") makes available for your
use on this Web site (the "Site") information, documents, software and
products (collectively, the "Materials") and various services operated
by DIGITAL PROVIDER EST. (collectively, the "Services"), subject to the
terms and conditions set forth in this document (the "Terms of Use"). By
accessing or using this Site, which includes your access to or use of
any of the Services/Materials, you agree to the Terms of Use. DIGITAL
PROVIDER EST. reserves the right to change the Terms of Use from time to
time at its sole discretion. Your use of the Site will be subject to the
most current version of the Terms of Use posted on the Site at the time
of such use. In addition, when using particular Services or Materials on
this Site, you shall be subject to any posted guidelines or rules
applicable to such Services or Materials that may contain terms and
conditions in addition to those in the Terms of Use. All such guidelines
or rules are hereby incorporated by reference into the Terms of Use. If
you breach any of the Terms of Use, your authorization to use this Site
automatically terminates and you must immediately destroy any Materials
downloaded or printed from the Site.
Account Cancellation:
All requests for canceling any service / services must be made through
the DIGITAL PROVIDER EST. Billing Center. Confirmation receipt of
cancellation will be sent within 24 hours.
Refunds and Disputes:
All payments to DIGITAL PROVIDER EST. are non-refundable after
Customer's 30-day money-back guarantee period. See here for the terms of
our 30 day refund policy. 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, under the terms and conditions
of our SLA, AUP, and TOS, will result in service interruption, as well
as reconnection fees to restore the desired service.
ACCEPTABLE USE
You may not take any action that violates our Acceptable Use Policy,
which can be found here.
PRIVACY POLICY
DIGITAL PROVIDER EST. collects, stores and uses data collected from You
in accordance with the Company’s Privacy Policy.
LIMITED LICENSE
Use of certain DIGITAL PROVIDER EST. services grants a limited licence
to use various software products, including Plesk, cPanel, Confixx,
Directadmin and Clientexec, this list is not exhaustive. The limited
licence allows you, the customer, to make use of such software, up to
the limits of your service, for as long as your service is current and
up to date. Upon termination of your service your right to use such
software is also terminated and any licence keys, serial codes etc.
should be returned to DIGITAL PROVIDER EST. and no longer used. The
limited licence grants rights to use such software on DIGITAL PROVIDER
EST. equipment only and the licence cannot be used on any other
equipment.
LICENSE FOR USER CONTENT
Certain Services offered on this Site accommodate or require
user-supplied information, materials or communications (collectively,
'User Content'). Depending upon the nature of the Service, by submitting
User Content to this Site you grant DIGITAL PROVIDER EST. one of the
following two types of licenses:
1. For User Content that is the result of your creative efforts, such as
examples of work you have done using DIGITAL PROVIDER EST. products, you
hereby grant DIGITAL PROVIDER EST. a worldwide, royalty-free,
non-exclusive license to reproduce and modify (for purposes of
formatting, maintenance or Site administration only) such User Content.
You also grant DIGITAL PROVIDER EST. the right to distribute and
publicly display and perform such User Content for the purpose for which
such User Content was submitted to the Service. This license will be in
effect until such User Content is removed from the Site.
2. For User Content such as comments to the DIGITAL PROVIDER EST. User
to User Forums, Knowledge base, you grant DIGITAL PROVIDER EST. an
unrestricted, worldwide, irrevocable license to use, reproduce, display,
perform, modify, transmit and distribute such User Content, and you also
agree that DIGITAL PROVIDER EST. is free to use any ideas, concepts,
know-how or techniques that you send us for any purpose. However, we
will not release your name or otherwise publicize the fact that you
submitted such User Content to us unless: (a) we first notify you that
the User Content you submit to a particular part of the Site will be
published or otherwise used with your name on it; or (b) we are required
to do so by law.
USE AND PROTECTION OF USERNAME AND PASSWORD
You are responsible for maintaining the confidentiality of your username
and/or password, if applicable. You are responsible for all uses of your
account, whether or not actually or expressly authorized by you.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN
YOU AND DIGITAL PROVIDER EST., ALL MATERIALS AND SERVICES ON THIS SITE
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DIGITAL PROVIDER EST.
MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION
PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS,
AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE
CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY
LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT
PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR
TYPOGRAPHICAL ERRORS. DIGITAL PROVIDER EST. MAY MAKE CHANGES TO THE
MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND
DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.
THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND DIGITAL
PROVIDER EST. MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
DIGITAL PROVIDER EST. ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS
IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH
ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER
CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
IN NO EVENT SHALL DIGITAL PROVIDER EST. OR ITS SUPPLIERS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT
OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR
PROFITS, WHETHER OR NOT DIGITAL PROVIDER EST. HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT
OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE
REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY
MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND
WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH
ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM DIGITAL PROVIDER EST. OR THROUGH OR FROM THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
This Site contains links to third-party Web sites that are not under the
control of DIGITAL PROVIDER EST.. DIGITAL PROVIDER EST. makes no
representations whatsoever about any other Web site to which you may
have access through this Site. When you access a non-DIGITAL PROVIDER
EST. Web site, you do so at your own risk and DIGITAL PROVIDER EST. is
not responsible for the accuracy or reliability of any information,
data, opinions, advice, or statements made on these sites or for the
quality of any products or services available on such sites. DIGITAL
PROVIDER EST. provides these links merely as a convenience and the
inclusion of such links does not imply that DIGITAL PROVIDER EST.
endorses or accepts any responsibility for the content or uses of such
Web sites.
This Site can be accessed from other countries around the world and may
contain references to DIGITAL PROVIDER EST. products, services, and
programs that have not been announced in your country. These references
do not imply that DIGITAL PROVIDER EST. intends to announce such
products, services or programs in your country.
Entire Agreement; Amendments
These Terms and Conditions, together with the Acceptable Use Policy and
the Privacy Policy, supersede any prior discussions, negotiations and
agreements between the parties with respect to the subject matter
hereof, and these Terms and Conditions, together with the Acceptable Use
Policy and the Privacy Policy, constitute the sole and entire agreement
between the parties with respect to the matters covered hereby. |
