Web Hosting and/or Server Hosting customers must read and accept the following terms of service contract. By your usage of Digital Synergy’s hosting services, you are agreeing to these terms.
Any attempt to undermine or cause harm to a server, or any customer of Digital Synergy, is strictly prohibited and will result in account termination, no refunds and all information will be forwarded to all applicable law enforcement agencies. Unauthorized use of other customer’s accounts or computers is prohibited and Digital Synergy will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “internet scamming” (tricking other people into releasing their passwords or personal information), password robbery, security hole scanning, etc. Any unauthorized use of accounts by a Digital Synergy customer, whether or not the attacked account or computer belongs to Digital Synergy, will result in severe action against the attacker.
Distribution or offering illegal material such as copyrighted material (books, movies, photos, music, etc), or any other material considered as illegal in the province of British Columbia, Canada is also forbidden and will result in immediate account termination without refunds. We report all illegal activity to applicable law enforcement agencies.
Any adult (pornographic) content is strictly prohibited. Also, large file archives, image galleries or intensive use of our servers for the streaming of multimedia content, without prior consent, is not allowed. Digital Synergy will reserve the right to decide, on a case by case basis, what is acceptable and what is not.
As an internet services provider, we cannot tolerate spam. Commercial advertisements with e-mail (unsolicited commercial advertisements) are not allowed in e-mail, commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. “Spamming,” or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to 1 or more recipient, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. We will terminate an account and no refunds will be issued if a client is conducting spamming activities, with or without using our servers. We do not tolerate spam!
It is our normal practice to bill for hosting account services on a yearly basis upon the anniversary date of original subscription. Accounts are automatically renewed and invoices are sent within the following month. Payment of invoice is required within 30 days of your receipt of said invoice. If we have not received payment or alternate arrangements within this time, we will disable your account until the matter is resolved. If an account’s payment status is not resolved within 90 days of receipt of invoice, Digital Synergy reserves the right to delete the domain’s account from our servers without any further notice to account holder.
Digital Synergy reserves the right to cancel service at any time. If you violate any policies in this contract, all fees paid will be non refundable. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space, etc.) Customer must advise Digital Synergy through e-mail in order to cancel his account. We will refund any monies remaining in the customer’s account pro-rated from the date that notification is received from the client to cancel their account. If the customer requires a copy of their web site files, please make arrangements and we will provide a backup on CD-ROM for a reasonable fee.
Customer agrees that it shall defend, indemnify, save and hold Digital Synergy harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Digital Synergy, 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 Digital Synergy against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with any of Digital Synergy’s servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Digital Synergy’s server. Customer understands this contract is still in full effect for perpetuity, even after account cancellation.
Digital Synergy makes no warranties of any kind, expressed or implied for services we provide. Digital Synergy disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Digital Synergy and its employees, wholesale hosting providers, Data Centers, Internet Service Providers and Backbone Data Carriers. While Digital Synergy subscribes to a third party backup service for it’s customers, it is the customer’s responsibility to assure that their content on their hosted domain or server account is backed up in full. Digital Synergy reserves the right to revise its policies at any time without prior notice to customer, please visit this page for the latest revision of this contract. Failure to follow any term or condition will be grounds for immediate account deactivation.
Revision 2.03 – February, 2011