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ACCEPTABLE USE POLICYIMPORTANT: READ THESE TERMS
CAREFULLY! THIS PAGE IS ALL OUR POLICIES.
THESE POLICIES ARE SUBJECT TO CHANGE. SO READ THEM FREQUENTLY.
| TERMINATION OF SERVICE |
| Customer reserves the right to cancel service with Provider at any
time during a billing term. No charges will ever be refunded resulting from a cancellation
unless request is sent within the first 24 hours that service has been active. After the
first day of having the account active, cancellations will occur at the end of the current
billing cycle. A refund of your initial setup fee will not be given under any
circumstances. Provider reserves
the right to terminate all services to any customer with an account should any such
account become delinquent and are not paid by the billing due date.
Customer understands that Provider
reserves the right to terminate any account for any reason or for no reason and at any
time. Abusive actions from the Customer will result in immediate termination without
warning. Customer understands and agrees that no prepaid charges are refundable in the
event of such termination.
Customer understands that upon
termination of webhosting or domain hosting service, provider reserves complete rights and
ownership to a domain name that was registered by Provider at time of initial setup until
full contract with the Domain's Registrar is completed (2 years). Domain names registered
by the Customer at time of setup are not subject to this policy and can be terminated upon
Customer's request. So if Digitalnova Networks registers the domain and not
you....We own it for 2 years.
Provider is in no manner responsible for
the content or effect of any matter or information transmitted or accessed through the
services, nor shall Provider bear any responsibility for the accuracy, completeness,
legality or effect of any such matter or information or the result of its access or use.
After service termination, no data from
your account can be retrieved. |
| SHELL ACCESS |
| DigitalNova Networks will not sell shell accounts nor allow Telnet
access to web hosting users. The reason being is security, we do not need wasted time and
effort worrying about attempted illegal break-ins. |
| PASSWORDS |
| The Customer will be provided with or will select an
identification code (username) and confidential password for Customer's exclusive use. The
Customer account is intended to be a single-user account. The Customer understands that Provider is not liable if Customer's
username and/or password is compromised. Further, the Customer is expected to maintain a
secure password consisting of no known word or phrase and using numbers, letters, and
(optionally) certain special characters. Hence, the Customer may be held liable for any
actions taken by an individual or group who have obtained/guessed the Customer's password
and used it to access his account. Under no circumstances is Provider liable for the
actions taken by a compromised account.
The Customer understands that Provider
does not maintain a record of existing passwords. If the Customer forgets his/her
password, the only recourse will be for Provider to issue a new password upon verification
of the Customer's identity.
This verification process may include confirmation of the last 4-digits of the credit card
used to order service, check number of your last payment, or having the newly generated
password emailed to the address we have on record for your account. If you need your
password changed, please contact Support at 1-352-591-0692 or email
support@digitalnova.net |
| USING ACCOUNT FOR ILLEGAL PURPOSES |
| Provider services and accounts may only be used for lawful
purposes. Use of a Provider account or service in an illegal manner is grounds for
immediate termination. Customer agrees to hold harmless and indemnify Provider against any
claims or charges that arise from Customer's use of Provider services and/or accounts. Use of a Provider account to gain passwords,
encryption codes, or other security information of Provider or other sites on any computer
network is grounds for immediate termination and, if illegal, will be reported to the
proper authorities. Use of a Provider account to break into a Provider or other site's
machine is also grounds for immediate termination and will be reported to the affected
site and the proper authorities. |
| ELECTRONIC E-MAIL |
| While Provider does not in any way monitor the content of any
Customer's e-mail, postings, downloads, etc., the Customer acknowledges that Provider has
the right to monitor user activity if said activity is adversely impacting Provider
services and/or another site. Provider will not, however, intentionally disclose user
activity to another site or entity unless required by court order, subpoena, or other
legal force. Provider reserves the
right to move, delete, or reduce the Customer's mailbox if said mailbox has reached a size
that is adversely affecting system performance. Further, Customer acknowledges that
Provider has the right to kill any mail processes being run by the Customer that are
adversely affecting system performance. In these and all instances of system performance
being affected, Provider is the sole judge of what is adverse. |
| SECURITY |
| Information transmitted over the Internet and/or other computer
networks is generally not considered to be secure. While Provider respects the privacy of
our customers, the Customer understands that there is no guaranteed privacy on the
Internet. That Provider cannot be liable or responsible for any viewing or interception of
Customer's e-mail, downloads, news, etc., by other customers or individuals at Provider or
on any network. |
| SERVICE QUALITY |
Provider makes no warranty of its service and availability, and
Customer understands and agrees that Provider's services may be terminated or discontinued
at any time and without notice with no liability on the part of Provider and no
responsibility for refunding any prepaid charges. While a good faith effort will be made
to restrict any and all downtime to scheduled maintenance periods, no guarantees or
representations are made as to any account, product, or service offered by Provider. In
addition, Provider makes no warranty of Customer transmissions, connections, downloads,
etc. Further, Provider is not responsible for, nor guarantees access to any third-party
network, service, or website which the Provider does not own or administer. Customer is
solely responsible for any losses, damages, or expenses related to service failure,
whether caused by Provider or a Customer, and agrees that Provider shall not be liable for
any or all of same, even if caused by Provider's own negligence. Down time
"will not" be credited. DOS (denial of service attacks) "will not" be
credited. We refuse to pay
for something we can not control. Upgrades are part of the service and they will not be
credited. The Customer agrees to
indemnify and hold Provider wholly harmless from and against any and all liabilities that
may arise as a result of the failure of services, equipment or software of Provider, with
the exception of willful misconduct or omissions of Provider. |
| MISCELLANEOUS |
| Provider reserves the right to change this agreement at any time
without notice. Changes will be posted to this website, and Customer is responsible for
reviewing these provisions often. By using any Provider services, the Customer agrees that
he or she has read and understands these terms and conditions and agrees to be bound by
them. By making use of an Provider
account or service, the Customer certifies to Provider that he or she is eighteen (18)
years of age or older. If the Customer allows an individual under eighteen years of age to
access the Internet from Customer's Provider account, Customer takes full responsibility
for the minor's access to any information that might be viewed as unsuitable. Customer
agrees to hold harmless and indemnify Provider for any claims or charges that arise from
said minor's use of service.
Customer acknowledges that the Internet
contains some information that may be deemed offensive, obscene, or adult in nature.
Customer accesses such information at his or her own risk, and understands that Provider
has no way to limit access to this type of material located on the servers of other
providers. Customer understands that Provider reserves the right to remove from its
servers any material that Provider management deems to be objectionable in Provider's sole
discretion. Customer will be notified by e-mail at the time the material is removed.
Portrayal of objectionable material on Provider servers will be grounds for termination of
the user account.
The Customer agrees to take
responsibility for any accesses, retrieval, and/or storage of any and all information
available to Customer from his/her Provider account. The Customer indemnifies Provider
against any and all claims or charges relating to the information Customer can or does
access while using his/her Provider account.
Personal home page areas may not be used
for commercial or organizational purposes unless Provider gives prior authorization.
Commercial and Organizational purposes are defined as being any type of advertising for
profit. Non-profit organizations such as public schools, churches, etc. are not included
in this definition.
Customer shall not intentionally allow
unauthorized connections to Provider, or unauthorized reselling of Provider services, nor
shall Customer in any way duplicate any Provider materials, advertising, brochures,
pamphlets and the like or any other information which is proprietary to Provider.
Provider reserves the right to direct a
customer to remove any program, process, or technique from a Web site that causes
excessive utilization of Provider bandwidth or resources, or which Provider deems
offensive for any reason in Provider's sole discretion.
Should any violations within these Terms
of Service require corrective action on the part of Provider, the Customer will be held
liable for all costs associated with such action. |
Copyright (C) 2000 DigitalNova Networks.
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