Terms of Agreement
Revision: 11/30/2016
1. Introduction
Digitaleffex, LLC is a web hosting service. In order to maximize the efficiency with which we serve our customers and to protect the best interests of both Digitaleffex, LLC and our customers, we require all customers to agree to the terms of this document before beginning paid service with us. By placing information on our servers, you acknowledge that you have read and understand this agreement, and agree to be bound by the terms and conditions contained herein. Digitaleffex, LLC reserves the right to change the Terms of Service Agreement from time to time at its sole discretion. Your use of the service will be subject to the most current version of the Terms of Service posted on the Digitaleffex Website at the time of such use.
2. Definitions
A. "Digitaleffex, LLC" refers to the entity-providing web hosting service.
B. "Customer" refers to you, the party requesting service from Digitaleffex, LLC and using services provided by Digitaleffex, LLC.
C. "The Service" refers to the service(s) provided by Digitaleffex, LLC to its customers, including, but not limited to, the use of space on Digitaleffex, LLC internet servers for the purpose of storing data to be transmitted across the Internet, the use of Digitaleffex, LLC Internet servers to process data and return information to visitors at customer web site(s), the use of Digitaleffex, LLC domain name servers to answer domain name queries for customer domain name(s), the use of Digitaleffex, LLC domain name registration services to register a domain name(s), and the use of Digitaleffex, LLC mail servers for sending and/or receiving electronic data/information to and/or from others on the Internet or other data networks worldwide.
2. Scope of our Services
Digitaleffex, LLC will provide you with services as detailed on our website at http://digitaleffex.com/.
3. Term of This Agreement
This agreement shall commence upon acceptance by customer, and this agreement and the services requested by you will continue to be provided for the period of services purchased and will be automatically renewed for the same period, unless terminated by you or by us as provided for in the relevant sections of this agreement.
4. Your responsibilities
A. You MUST supply appropriate payment for Digitaleffex, LLC service before starting use of the service.
B. You SHOULD maintain a current copy of all data stored on Digitaleffex, LLC servers. Although Digitaleffex, LLC backs up data, it is not 100% guaranteed that data cannot be lost due to server updates, outages or other corruptions that Digitaleffex, LLC cannot control. Digitaleffex, LLC cannot be held responsibile for data that is lost that is not backed up by the client.
C. You MUST use the service only for lawful purposes.
D. You MUST comply at all times with our policies stated herein and Section 2 above.
E. You MUST allow us to contact you in any way shape or form for purposes that we deem appropriate within the constructs of US Law.
F. You MUST not slander, libel, or publish defamatory information against us in any way or manner.
5. Service at Will
We reserve the right to refuse or discontinue service to anyone at our sole discretion with proper documentation. We may deny you access to all or part of the service if you engage in any conduct or activities that we believe violates any of the terms and conditions in this document. We shall have no responsibility to notify any third-party providers of services, merchandise or information of said discontinuation of service, nor shall Digitaleffex, LLC have any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that we have the right to monitor the service electronically from time to time and to disclose any information that is necessary to satisfy the law, or to protect our customers or ourselves. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole opinion, are unacceptable, undesirable, or in violation of this agreement or our policies. You have the right to terminate your relationship with Digitaleffex, LLC within the first 30 days of service and receive a full refund. Customer must prove to Digitaleffex, LLC satisfaction of the service problem resulting in cancellation. Thereafter customer may cancel for any reason but shall receive no refund for cancellation. You must notify us of your desire to cancel via email or phone. No other form of cancellation will be accepted.
6. Warranties
A. Digitaleffex, LLC 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 expressed or implied, including but not limited to warranties of title, non infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Digitaleffex, LLC or its agents or employees shall create a warranty. Digitaleffex, LLC provides not 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 Digitaleffex, LLC 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 a third party use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third party reliance on or use of information, services, or merchandise provided on or through the service, or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Digitaleffex, LLC service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
7. Notice Under the Electronic Communications Privacy Act (ECPA)
Digitaleffex, LLC reserves the right to monitor any and all communications through or with our facilities. You agree that Digitaleffex, LLC is not considered a secure communications medium for the purposes of the ECPA, and that no expectation of privacy is afforded.
8. Prior Agreements
This agreement supersedes any written, electronic or oral communication you may have had with Digitaleffex, LLC or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
9. Sever Ability
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 required to make it enforceable.
10. Jurisdiction
This agreement shall be governed by the laws of the State of New Jersey, without regard to the conflict of laws principle thereof. You and Digitaleffex, LLC also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of New Jersey, Monmouth County and the United States District Court for the District of New Jersey.
11. Acknowledgement
By placing and continuing to maintain or place information on Digitaleffex, LLC servers, you are stating and acknowledging that you have read and understand the terms and conditions of this document and agree to be bound by them.
12. Content
All services provided by Digitaleffex, LLC may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material that is unlawful, libelous, defamatory, threatening, obscene, or pornographic or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Digitaleffex, LLC from any claims resulting from the use of the service, which damages the subscriber or any other party. i. Note: Pornography and sex-related merchandising are prohibited on any server. This includes sexual content, or direct links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. ii. Examples of non-acceptable content or links include, but are not limited to:
• Pirated software
• Hacker’s programs or archives
• Warez Sites
• Pornography
• Spamming Software
Digitaleffex, LLC will be the sole arbiter as to what constitutes a violation of this provision. Digitaleffex, LLC reserves the right, in its sole discretion, to remove your site from our server and to restrict, suspend or terminate your access to your site, at any time, for any reason without prior notice or liability. iii. Traffic Guidelines: During a single pay period, if a client uses more transfer Gigabytes than allotted under the client’s chosen web hosting package, the client will be billed at the rate of $5 per Gig.
13. Background Running Programs
We do not allow background-running programs. Under very limited and special circumstances and only after prior approval will we allow programs to run continuously in the background, but these are considered on an individual basis and an extra charge will be incurred based on system resources used and operational maintenance needed. In order to obtain permission you must notify us via email, fax, or mail.
14. IRC
We currently do not allow you to link to or use IRC or IRC bots such as eggdrop, and BitchX on our servers.
15. Commercial Advertising, Spam Or Unsolicited E-Mail
Our servers may not be the source, intermediary, or destination address involved in the transmission of SPAM, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider as SPAM any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $200 penalty for each SPAM policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. Digitaleffex, LLC will be the sole arbiter as to what constitutes a violation of this provision.
As such, any violation will result in immediate deactivation of services without refund, and the immediate imposition of the above stated penalties.
16. Abuse
Any attempts to undermine, threaten, or cause harm to a Digitaleffex, LLC server, customer, employee, or the company either directly or indirectly is strictly prohibited and is grounds for immediate termination without refund.
17. Indemnification
Customer agrees that it shall defend, indemnify, save and hold Digitaleffex, LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Digitaleffex, LLC, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Digitaleffex, LLC against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Digitaleffex, LLC server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.
18. Refusal of Service
We reserve the right to refuse or cancel service at our sole discretion.
19. Cancellation
If any web-hosting client shall cancel their account with Digitaleffex, LLC then they will be charged the remainder of their term cost. We require at least 60 days notice of cancellation prior to the next billing date. If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.
20. Copyright; Limited License
The Materials and Services on this Site are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or services at this Site may violate such laws. Except as expressly provided herein, Digitaleffex, LLC does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Materials and Services.
Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of Digitaleffex, LLC.
