TERMS OF SERVICE
Digdrive.com sets forth a TOS ("Terms of Service") Agreement to protect our customers, our service, and other users of the Internet. The following agreement is non-exclusive; any actions about which there is any doubt should be referred to Digdrive.com for evaluation.
AGREEMENT ACCEPTANCE
I. Digdrive.com has the right to restrict or terminate internet
services without refund in the event of an Agreement Violation. Digdrive.com also reserves the right to take action on other abusive uses
which are not specifically named in this agreement at the sole
discretion of Digdrive.com.
II. Digdrive.com has the right to modify this Agreement upon notice
published on Digdrive.com web site. Your use of Digdrive.com services after
such notice shall constitute your acceptance of the modifications to
this Agreement.
III. This Agreement supersedes all previous representations,
understandings or agreements. Use of Digdrive.com Internet services
constitutes acceptance of this agreement.
ACCESS USAGE
I. You agree to follow the Acceptable Use Policy of all networks
and systems that you connect to, including but not limited to Digdrive.com.
II. You agree to be responsible for all use of your account(s) and
confidentiality of your password(s). Digdrive.com will place your
account(s) on hold or configure a new password immediately upon
notification of a lost, stolen or compromised password. Digdrive.com is
not liable for any usage prior to reconfiguration of your account.
III. You agree that you are at least 18 years of age, otherwise
this agreement must be performed by a parent or legal guardian who
will remain responsible for all usage of the account.
IV. If you publish a personal web page with Digdrive.com, you agree
not to advertise or promote commercial products or services nor may
your web page violate or infringe any copyrights, trademarks, patents,
restrictions, common law or proprietary rights of others, or contain
anything obscene or libelous. You agree to defend, indemnify, and
hold Digdrive.com and its affiliates not liable against any such
violations by you.
V. Use of your account for activities that might be disruptive,
or invoke complaints from other users of the Internet is strictly
prohibited. Such activities and complaints include, but are not
limited to:
A. Unsolicited mass email (spam) is prohibited and will
result in a non-refundable termination of your account without
notice.
B. Posting excessive newsgroups with a single article or
soliciting newsgroups will result in a non-refundable
termination of your account without notice.
C. Harassment of others on the Internet is prohibited and
will result in a non-refundable termination of your account
without notice.
ACCOUNT CANCELLATION/TERMINATION
I. Digdrive.com offers an initial 30 day money back guarantee on all
storage accounts. If you are not completely satisified with our storage
service within 30 days from your initial start date, please contact our
billing department for a refund.
II. You may terminate this Agreement at any given time by written
notice, 30 days prior to the next billing cycle for your account. Upon
receipt of your termination request, your account will expire at the
beginning of your next billing cycle and any further billings will
cease.
III. Digdrive.com has the right to terminate this Agreement immediately
or place your account on hold upon breach of this Agreement by you,
including, but not limited to, refusal or failure to pay for services
provided by Digdrive.com or notice of harmful or annoying activities to
Digdrive.com, its Users, employees, affiliates, or any other Users of
the Internet.
IV. Digdrive.com has the right to hold, as collateral, any domain name
property until all services are paid for in full upon termination.
RIGHTS
I. You agree that Digdrive.com nor its Providers are responsible for
any damages arising from your use or inability to use Digdrive.com
services.
II. Digdrive.com is not responsible for any personal files residing
on its servers. You agree to be responsible for backups of your data.
III. Digdrive.com may remove your personal files, including, but not
limited to web pages, or email upon termination of this Agreement.
IV. Digdrive.com in its sole discretion may remove any information
entered on the Digdrive.com servers by you.
V. Digdrive.com may assign this Agreement, its rights here under
and its ownership and commitment at anytime without notice.
VI. Digdrive.com reserves the right to collect on damages for
software, hardware, and man hours if any harm is done to Digdrive.com
which might require repair or reconfiguration of any type.
RATES
I. Digdrive.com reserves the right to change rates at any given time.
Any and all rate adjustments will be published online at Digdrive.com web
site, and will become effective upon your next billing cycle. You may,
of course, cancel your service if your displeased with rate
adjustments.
II. You agree to pay Digdrive.com according to rates, prices, and
conditions stated on Digdrive.com web site at the time of commencement.
III. You agree to be responsible for all local and long distance
charges for connecting to Digdrive.com.
IV. Digdrive.com will not prorate accounts upon signup.
V. All monies owed must be paid in full when due to maintain your
Internet services. Monthly fee's will continue regardless of your use
unless you notify us in writing that you wish to cancel your service.
Failure to use Digdrive.com does not relieve you of payment obligations.
VI. On indication of credit problems, including but not limited to,
rejection of credit card charges, Digdrive.com reserves the right to place
your account(s) on hold.
VII. If paying by credit card, any charges made by Digdrive will reflect
as SelectPay on your statement. SelectPay is our in-house credit card processing service used
to bill all services under one name for VoIP, Hosting and Online Storage.
GENERAL
I. This Agreement and the rights and duties of the parties shall
be governed by and interpreted according to the laws of the State of
Illinois.
II. You agree to defend, indemnify and hold Digdrive.com and its
affiliates harmless from any and all liabilities, costs and expenses,
including reasonable attorney's fees, related to any violation of this
Agreement by you or other authorized users of your account(s). Digdrive.com will not be held liable for placement, transmission of messages,
information, software or other materials on the Internet by you
or other authorized users of your account(s).
III. Digdrive.com reserves the right to enforce this Agreement at its
sole discretion, and non-enforcement of any section of this Agreement
does not constitute consent.
IV. All other paragraphs within this Agreement shall remain valid
if any one or more paragraphs in this Agreement are found to be
unenforceable or invalid.
V. Digdrive.com's failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a waiver
of any provision or right.
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