Revision date: March 24, 2013
All services provided by Digital Grounds Inc
("Digital Grounds Inc") may be used for lawful purposes only.
Transmission, storage or presentation of any information, data or material in
violation of any Canadian federal, state or city law is prohibited. This
includes, but is not limited to: copyrighted material, material we judge to be
threatening or obscene, or material protected by trade secret and other
statute. The subscriber agrees to indemnify and hold harmless Digital Grounds
Inc from any claims resulting from the use of service which damages the
subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to Digital Grounds Inc servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
pirated software
hacker programs or archives
Warez sites
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3
FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL
FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, Digital
Grounds Inc WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
IRC
We currently do not allow IRC or IRC bots to be
operated on our servers.
Server Abuse
Any attempt to undermine or cause harm to a server or
customer of Digital Grounds Inc is strictly prohibited. As our customer you are
responsible for all your accounts. Should you violate the Terms of Services
outlined within, your account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend
service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of Digital Grounds Inc must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
Billing
By the Feature Purchase Date of each year, Digital Grounds Inc shall debit the
client's credit card when such information has been provided by the client.
Money back guarantee & refund policy
We do not generally refund cancelled contracts.
For example, if your contract is yearly and you request a refund after two months,
no refunds will be admitted.
Account Deactivations
Any account deactivated due to non-payment will
require a reactivation fee of $20.00 prior to reactivation.
Cancellation Refunds
We DO NOT refund partial yearly fees to accounts. We require 30 days notice for
a cancellation.
Refusal of Service
We reserve the right to refuse, cancel or suspend
service, at our sole discretion.
Limitation of Liability
Digital Grounds Inc shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from Digital Grounds Inc
's servers going off-line or being unavailable for any reason whatsoever.
Furthermore, Digital Grounds Inc shall not be responsible for any claimed
damages, including incidental or consequential damages, resulting from the
corruption or deletion of any web site from one of Digital Grounds Inc's
servers. All damages shall be limited to the immediate termination of service.
Violations
Violations of these Acceptable Use Policies should be referred to
info@digitalgrounds.com. All complaints will be investigated promptly. Failure
to follow any term or condition will be grounds for immediate account
deactivation.
Disclaimer
Digital Grounds Inc cannot be held liable for system down time, crashes or data
loss. We cannot be held liable for any predicated estimate of profits which a
client would have gained if their site was functioning. Certain services
provided by Digital Grounds Inc are resold. Thus, certain equipment, routing,
software and programming used by Digital Grounds Inc are not directly owned or
written by Digital Grounds Inc. Moreover, Digital Grounds Inc holds no
responsibility for the use of our clients' accounts. Failure to comply with any
terms or conditions will result in the automatic deactivation of the account in
question. We reserve the right to remove any account, without advance notice
for any reason without restitution, as Digital Grounds Inc sees fit.
Account Activation
By activating your account with Digital Grounds Inc,
you agree to the above policies and disclaimer. Upon requesting activation of
an account, you are required to accept these policies, guidelines and
disclaimer, and a copy of your acceptance is forwarded along with your
activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Server Uptime Guarantee
Digital Grounds Inc guarantees 95% service (http, ftp, pop, imap,
smtp) uptime on all hosting
plans. Should we fail to deliver this for any given calendar month, your
account will be refunded a pro-rated amount for the duration of excessive
downtime.
Digital Grounds Inc reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
Privacy
Revision date: March 24, 2013
Digital Grounds Inc has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.
Information Automatically Logged
We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.
Order Forms
Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.
Contact information from the order forms is used to get in touch with the customer when necessary.
Billing information that is collected is used to bill the user for services.
Unique identifiers are collected from Web site visitors to verify the user's identity.
Demographic and profile data is also collected at our site.
We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.
Security
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.
Third Parties
Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: info@digitalgrounds.com
Acceptable Use Policy
Revision date: March 24, 2013
As a provider of web site hosting and other
Internet-related services, Digital Grounds Inc offers its customer (also known
as "Subscribers") and their customers and users the means to acquire
and disseminate a wealth of public, private, commercial and non-commercial
information. Digital Grounds Inc respects that the Internet provides a forum
for free and open discussion and dissemination of information. However, when
there are competing interests at issue, Digital Grounds Inc reserves the right
to take certain preventive or corrective actions. In order to protect these
competing interests, Digital Grounds Inc has developed an Acceptable
Use Policy ("AUP"), which supplements and explains certain
terms of each customer's respective service agreement, and is intended as a
guide to the customer's rights and obligations when using Digital Grounds Inc's
services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Digital Grounds Inc cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Digital Grounds Inc cannot monitor or censor the Internet, and will not attempt to do so, Digital Grounds Inc cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that Digital Grounds Inc does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Digital Grounds Inc's network and may reach a large number of people, including both subscribers and non-subscribers of Digital Grounds Inc, subscribers' postings to the Internet may affect other subscribers and may affect Digital Grounds Inc's goodwill, business, reputation or operations. For these reasons, subscribers violate Digital Grounds Inc policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is
not only harmful because of its negative impact on consumer attitudes toward
Digital Grounds Inc, but also because it can overload Digital Grounds Inc's
network and disrupt service to Digital Grounds Inc's subscribers. Also,
maintaining an open SMTP relay is prohibited. When a complaint is received,
Digital Grounds Inc will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be
charged to the person initiating the SPAM. Furthermore Digital Grounds Inc
reserves the right to prosecute for this violation. A $1.00 charge will be
assessed PER EMAIL sent should Digital Grounds Inc choose to pursue and
prosecute.
Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, Digital Grounds Inc
does not allow any streaming of audio or video content. Offending accounts will
be suspended without noticed or terminated.
Adult-Oriented Content:
Digital Grounds Inc does not allow adult content and will suspend/terminate any
offending account.
Large File Policy:
Digital Grounds Inc is not for file hosting and distribution - as such,
customers may not host any files larger than 50MB in size that are observed to
be available for the sole purpose of download. Such files include but are not
limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please
e-mail info@digitalgrounds.com.
Obscene Speech or Materials:
Using Digital Grounds Inc's network to advertise, transmit, store, post,
display, or otherwise make available child pornography or obscene speech or
material is prohibited. Digital Grounds Inc is required by law to notify law
enforcement agencies when it becomes aware of the presence of child pornography
on or being transmitted through its network.
Defamatory or Abusive Language:
Using Digital Grounds Inc's network as a means to transmit or post negative,
defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to
mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks
belonging to another party, or attempting to penetrate security measures of
another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted
system penetration (i.e., port scan, stealth scan or other information-gathering
activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other
Destructive Activities:
Distributing information regarding the creation of and sending Internet
viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of
service attacks. Also, activities that disrupt the use of or interfere with the
ability of others to effectively use the network or any connected network,
system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program,
product or service that is designed to violate this AUP, which includes the
facilitation of the means to spam, initiation of pinging, flooding, mail
bombing, denial of service attacks and piracy of software.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside
the United States.
Usenet Groups:
Digital Grounds Inc reserves the right not to accept postings from newsgroups
where we have actual knowledge that the content of the newsgroup violates the
AUP.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not
limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging
credit cards and pirating software.
Other Activities:
Engaging in activities, whether lawful or unlawful, that Digital Grounds Inc
determines to be harmful to its subscribers, operations, reputation,
goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Digital Grounds Inc will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Digital Grounds Inc's policy or applicable law. However, when Digital Grounds Inc becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Digital Grounds Inc.
Digital Grounds Inc is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Digital Grounds Inc's facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Digital Grounds Inc does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Digital Grounds Inc reserves the right to directly take action against a customer of its subscribers. Also, Digital Grounds Inc may take action against the Digital Grounds Inc's subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Digital Grounds Inc anticipates that subscribers who offer Internet services will cooperate with Digital Grounds Inc in any corrective or preventive action that Digital Grounds Inc deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Digital Grounds Inc policy.
Digital Grounds Inc will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Digital Grounds Inc may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Digital Grounds Inc may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Digital Grounds Inc assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Digital Grounds Inc may disclose subscriber information or information transmitted over its network where necessary to protect Digital Grounds Inc and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Digital Grounds Inc will never sell information to other services or outside companies.
Digital Grounds Inc expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Digital Grounds Inc policy. Finally, Digital Grounds Inc wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Digital Grounds Inc for any violation of the Service Agreement, law or Digital Grounds Inc policy resulting in loss to Digital Grounds Inc or the bringing of any claim against Digital Grounds Inc by any third party. This means that, if Digital Grounds Inc is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Digital Grounds Inc, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Digital Grounds Inc and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to info@digitalgrounds.com.
