DIGITIZEDHOST® – TERMS AND CONDITIONS

DigitizedHost® is an information provider that offers various services over the Internet through access to its web server. Customers that use DigitizedHost®’s services agree to DigitizedHost®’s terms & conditions, policies, regulations, and guidelines. Customers also acknowledge that the Internet is neither owned nor controlled by any one entity, therefore DigitizedHost® cannot guarantee that any given audience shall be able to access DigitizedHost®’s server. DigitizedHost® also guarantees that they will take all possible measures to ensure their servers are widely available and that users experience as little service interruption as possible. All customers utilizing DigitizedHost®’s services agree to the following:

Financial Arrangements: DigitizedHost®’s customers agree to the following financial arrangements when their services begin:

  • The length of the customer’s contract is determined upon signup, and the customer agrees to a minimum of 30 days.
  • All charges and fees associated with the customer’s DigitizedHost® account are the customer’s responsibility.
  • All hosting packages provided by DigitizedHost® will have a per-plan, one-time set up fee.

 

Refund Policies:

VPS Plans Refund Policy:

  • Monthly plan customers may receive full refund upon cancellation within 30 days of initial signup of any VPS services.
  • 6 to 12 month plan customers may receive full refund upon cancellation within 60 days of initial signup of any VPS services.

The above conditions apply as long as the customer is not in violation of the Terms & Conditions, Privacy Policy, Acceptable Use Policy, Service Level Agreement, Unlimited Policy, Anti-Spam Policy, or IP Address Policy.

  • Any dedicated server plans are non-refundable
  • Any third party control panel that involves monthly to yearly license charges are non-refundable, such as cPanel, Plesk, vePortal, Virtuozzo , Direct Admin, and more.
  • Any services that the customer has contracted through third parties or DigitizedHost®’s partners are not a part of any refund policy.
  • All contracts immediately renew for another term of the original contract length unless expressly cancelled in writing or via the web panel. Any non-refundable charges accrued must be paid before the account can be cancelled.
  • Violations of any of DigitizedHost®’s Terms & Conditions of Service, Privacy Policy, Acceptable Use Policy, Service Level Agreement, Unlimited Policy, Anti-Spam Policy, or IP Address Policy will result in disablement without refund.
  • DigitizedHost® may also disable an account for disputed charges (“chargebacks”).

 

Taxes: DigitizedHost®’s customers agree to take full responsibility for all fees, fines, or taxes associated with products sold.

Material Products: DigitizedHost®’s customers agree to the following guidelines upon the purchase of DigitizedHost®’s services:

  • All materials that customers supply to be hosted by DigitizedHost® must be “server-ready”. DigitizedHost® is not responsible for validating materials for content, correctness, or usability.
  • Customers must have a certain level of knowledge in Internet languages, protocols, and software to effectively utilize DigitizedHost®’s services. For example, knowledge of HTML, locating and linking documents, FTPing webspace contents, graphics, text, sounds, image-mapping, UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
  • DigitizedHost® will provide no knowledge or support outside the services defined in the customer’s contract.
  • Provided that a customer’s content does not violate the conditions outlined in the Acceptable Use Policy, DigitizedHost® will exercise no control over the content of a customer’s site. • DigitizedHost® will monitor all customer accounts to prevent violations of any policies, guidelines, and regulations. Customers agree to cooperate with any reasonable investigations.
  • If a customer’s website or server is deemed a threat to DigitizedHost®’s security or that of DigitizedHost®’s other customers, DigitizedHost® reserves all disconnect rights.
  • Seeking to avoid overage charges by opening multiple accounts or service plans is grounds for DigitizedHost® cancelling service.
  • Any damages the customer claims as a result of non-accessibility time or other system unavailability are limited to a pro-rata monthly charge.

Trademarks & Copyrights: Any trademarks, copyrights, copyrighted media, applications, published works, or data protected by trade secrets that are made available through a customer’s account must be within the rights of the customer to use.

Hardware, Equipment, & Software: DigitizedHost®’s customers are responsible for any services necessary (such as telephone, computer, hardware, and software equipment) to access DigitizedHost®’s servers. Additionally, DigitizedHost® is not responsible for ensuring the compatibility of a customer’s equipment.

Dedicated Server Stipulations: DigitizedHost®’s customers agree to the following dedicated server stipulations:

  • At DigitizedHost®’s discretion, bandwidth pricing and measurement frequency is subject to change, and affected customers will be notified no less than thirty (30) days in advance.
  • DigitizedHost® is not obligated to compensate customers because of downtime.
  • Dedicated server payments are non-refundable.
  • Additional fees and increases in monthly rate will result from hardware upgrades to an existing platform (a motherboard/chassis combination).
  • Additional fees will result from any hands-on labor that DigitizedHost® preforms (such as re-installing the operating system on the server, etc).
  • Any of DigitizedHost®’s advertised server packages are subject to change at any time, and DigitizedHost® is not required to upgrade pre-existing customer packages based on these changes. Any hardware upgrades requested by a customer will be subject to a fee, but customers are not required to upgrade hardware as a result of advertise server package changes.
  • In order to maintain the security of the network, the kernel, and the base operating system, DigitizedHost® may take any steps necessary, including applying security patches and upgrading the entire operating system.

Age: Customers must be at least 18 years of age, or their parent or legal guardian must act as the customer in terms of the contract.

Termination: DigitizedHost® or the customer has the right to terminate the contract between them, without cause, with a 14-day written notice sent by mail or electronic mail. If the customer fails to meet all the regulations outlined in the Terms & Conditions of Service, Privacy Policy, Acceptable Use Policy, Service Level Agreement, Unlimited Policy, Anti-Spam Policy, or IP Address Policy, DigitizedHost® has the right terminate services in the contract at any time, without penalty.

Limited Liability: Customers agree that their use of DigitizedHost® servers is at the customer’s sole risk, and the customer agrees to the following policies regarding liability:

  • DigitizedHost®, its employees, affiliates, agents, third-party providers, merchants, licensers, or similar entities do not guarantee that service will not be interrupted, nor make any claims or warranties about information or merchandise DigitizedHost®’s customers provide via DigitizedHost®’s services, unless stated in the contract.
  • DigitizedHost® is in no way liable for any direct, indirect, incidental, special, or consequential damages resulting from the customer’s use of or inability to use DigitizedHost®’s services.

Promotional Codes: Use of promotional (“promo”) codes is for new customers only. Promo codes may not be changed or submitted after signing up to use DigitizedHost®’s services. Use of a promotional (“promo”) code invalidates the customer’s right to conceal the source of their referral to DigitizedHost®.

Indemnification: The customer agrees that DigitizedHost® will be held harmless from any and all demands, liabilities, losses, costs, and claims arising from:

  • Injury to person or property resulting from products sold or distributed by DigitizedHost®’s customers.
  • Any materials supplied by DigitizedHost®’s customers that infringe upon the rights of a third party.
  • Copyright infringement.
  • Any defective product that is sold or distributed by DigitizedHost®’s customers.

Transfer: The contract may not be transferred without written consent from DigitizedHost®.

Contract: These Terms & Conditions, the Privacy Policy, the Acceptable Use Policy, the Service Level Agreement, the Unlimited Policy, the Anti-Spam Policy, and the IP Address Policy constitute the entire contract between all parties. Changes or modifications to the contract are agreed upon at the time both parties initiate or renew services