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Digital Essentials' Terms of Service
Payment of your hosting fees and any subsequent billing
acknowledges your acceptance of these terms. These terms are
subject to change, with prior notice to existing and potential customers.
1. Digital Essentials operates on a month-to-month service contract. Hosting
fees are due by the 1st of each month of preceding service. Invoices not paid by
the 10th of the month are subject to late fees up to (but not exceeding) $25.
2. 30 days advance notice of cancellation of service is requested; otherwise,
a cancellation fee equal to one month of service may be assessed.
3. You are expressly prohibited from sending
unsolicited bulk mail messages ("junk mail" or
"spam"). This includes, but is not limited to,
bulk-mailing of commercial advertising, information
announcements, and political tracts. Such material may only be
sent to those who have specifically requested it. Malicious or
threatening email is also prohibited. Violators will have all
services immediately terminated and no refunds will be issued.
4. All content that you upload to this server will be
considered to be your own intellectual property. Digital
Essentials will hold no copyright claims to your electronic
files.
5. You may not post, publish, illustrate or upload any
material that violates or infringes on the copyright,
intellectual property rights or trademark rights of any
individual or organization. This includes, but is not limited
to, all sound and video files/formats, images, and text media.
This also applies to linking directly to illegal files or
other sites that offer any illegal material.
6. You may not post, publish, illustrate or upload any
material that is grossly offensive to the general online
community, including but not limited to, exploitation of
children, blatant expressions of bigotry, hatred, harassment,
defamation, invasion of privacy. This includes material that
defames, abuses, harasses or threatens any person or group.
7. Explicitly Adult content is not allowed on Digital Essentials' web servers. Explicitly Adult content is
considered to be anything that contains nudity, pornography,
or sexual material of a lewd, lecherous or obscene nature and
intent, or that violates local, state, national or
international laws.
8. Digital Essentials reserves the right to remove material(s) from the server(s) that are in violation of these
terms and discontinue service to any person(s) in violation of
these terms.
9. You are solely and fully responsible for the contents of
your web space. Any and all repercussions will be borne solely
by you as the account holder. Digital Essentials will not be
held responsible or accountable for any materials published,
stored or otherwise held in your web folder.
10. Digital Essentials makes no guarantee of availability of
service and reserves the right to change, withdraw, suspend,
or discontinue any functionality or feature of the hosting
service. (In other words: Respect Digital Essentials' services and we'll respond in kind with dedicated customer service! Otherwise, be prepared to take responsibility for your personal actions!)
11. Digital Essentials will not be held liable for any
damages, including, without limitation, direct, indirect,
incidental, special, consequential, or punitive damages
arising out of the use of or inability to use Digital
Essentials service(s) or any content thereon.
12. This disclaimer applies, without limitation, to any
damages or injury, whether for breach of contract, tort, or
otherwise, caused by any failure of performance; error;
omission; interruption; deletion; defect; delay in operation
or transmission; computer virus; file corruption;
communication line failure; network or system outage; or
theft, destruction, unauthorized access to, alteration of, or
use of any record.
13. Digital Essentials reserves the right to change or
amend these TERMS OF SERVICE at any time and without prior
notice. It is your responsibility to be familiar with these
Guidelines in the event that they change at any future time.
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