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Terms of Service
1. TERMS OF SERVICE
Digital Deviance Design Group, hereinafter called Digital Deviance reserves
the right to suspend or cancel a client's access to any or all services
provided by Digital Deviance when Digital Deviance deems that the account
has been inappropriately used or is in violation to any or all the terms
outlined within this terms of service agreement.
2. ADVERTISING USE
All services provided by Digital Deviance may only be used for lawful
purposes. It will be deemed that the client has secured permissions to
use trademarked material or copyrighted images for the purpose of advertising
on their web page. We may at our discretion request this permission in
writing from the rightful owner of such material. Should it be determined
that such permissions are not in place, Digital Deviance will suspend
the client’s webpage until such time as these permissions are presented.
Transmission, storage, or presentation of any information, data or material
in violation of any Canadian, Provincial or local law is prohibited. This
includes, but is not limited to: copyrighted material, trademark, intellectual
property, and material we judge to be threatening or obscene. Also prohibited
are sites that promote any illegal activity or present content that may
be damaging to Digital Deviances servers. Links to such materials are
also prohibited. Any illegal activity, including illegal adult content,
links to illegal adult content web sites, spamming, cracking or hacking
will result in your site being shut down and all your files deleted without
warning. Adult content is not allowed. Digital Deviance will be the sole
arbiter as to what constitutes a violation of this provision.
3 . CONTENT
The Digital Deviance web site may contain text, images, audiovisual productions,
opinions, statements, facts, articles, or other information created by
us or by third parties ("Content"). Such Content is for your
reference only and should not be relied upon by you for any purpose. The
Content may not be copied, duplicated, distributed, downloaded, sold or
otherwise exploited by you in any way, except as agreed to in writing
by us. Digital Deviance is not responsible for the Content's accuracy
and reliability.
4 . LINKS AND ADVERTISING
From time to time, the Digital Deviance web site will contain hyperlinks
("Links") to third party web sites and/or banner advertising
and/or sponsorships operated by or referring to third parties and their
goods and services ("Advertising"). Such Links and Advertising
are for your reference only, and we neither control such linked web sites
or Advertising nor are we liable or responsible for their content. (Please
view our Privacy Policy). Display of such Links
or Advertising on the Digital Deviance web site does not imply or express
any endorsement by us or any individuals or entities referred to in the
Content on such linked web sites, or of such Links or Advertising, or
any association with their operators. You may direct any comments or concerns
that you may have regarding any such Links or Advertising on the Digital
Deviance web site to us, by emailing our
account. The user is solely responsible for any charges or obligations
that may be incurred as a result of any dealings with such web site operators
or advertisers. Other web sites may also have a link to the Digital Deviance
web site posted on their web site; you hereby acknowledge and agree that
we are not responsible for the content of any such web site or the actions
of any operator of any such web site.
5 . COPYRIGHTS, TRADEMARKS AND SERVICE MARKS
The Digital Deviance web site and all materials on this web site including,
without limitation, software, images, text, graphics, illustrations, logos,
patents, trademarks, service marks, copyrights, photographs, audio, videos
and music (the "Intellectual Property") are or may be protected
under Canadian and worldwide copyrights which are owned or licensed, in
whole or in part, by us or otherwise used with permission of their respective
owners. Intellectual Property or any third party trademarks, service marks,
or copyrights may not be manipulated, edited, reproduced, performed, republished,
uploaded to or downloaded from, posted, transmitted, sold, transferred
or otherwise distributed or exploited in any manner whatsoever from the
Digital Deviance web site or any other web site created, owned or operated
by us without our prior written consent, which may be withheld in our
sole discretion. Any manipulation of the Digital Deviance web site or
any portion thereof, or use of any of the foregoing for any other purpose
constitutes an infringement of our copyrights, trademark rights or property
and proprietary rights, or of the respective owners of such Intellectual
Property. Any use of any portion of a Digital Deviance web site on any
other web site or other networked computer environment is prohibited without
our prior written consent, which may be withheld in our sole discretion.
You represent you are the sole author and proprietor of any information
or ideas that you submit to us, and that no information or ideas submitted
by you has been registered for copyright protection in any jurisdiction
or has been previously published in any form. If you know or become aware
that any information or ideas on a Digital Deviance web site submitted
by any other user is protected by intellectual property laws, you agree
to promptly give us notice of such infringement by emailing our
account.
6. ACCEPTABLE USE
Digital Deviance does not condone the use of porn, hate, or anything that
Digital Deviance would deem unethical or of poor taste. Should Digital
Deviance find any content or links, to sites of this nature, Digital Deviance
will remove the users hosting privileges immediately and ban them from
using this site again.
7. PAYMENT POLICIES
All accounts are set up on a prepay basis. Digital Deviance reserves the
right to change prices of accounts or services at any time. Prepayment
is due every anniversary month or year following the date the account
was established and how the account was originally set up for billing.
Clients will automatically be charged at this time unless email cancellation
request has been confirmed by Digital Deviance. Cancellation requests
must be sent to the
account at least fourteen (14) business days prior to your next billing
date. In situations where the card number on file is declined or a received
cheque is returned NSF, Digital Deviance will immediately suspend services
until the outstanding charge is processed successfully. In addition, Digital
Deviance reserves the right to suspend other services until the outstanding
debt is cleared. The client is responsible for all money owed on the account
from the time it was established to the time that the client sends an
emailed cancellation request. All invoices will be sent via Canada Post
to the mailing address provided.
8. CANCELLATION AND REFUNDS
Digital Deviance reserves the right to cancel a client’s account
at any time, if it is found that the client contravened Digital Deviances
terms of service. The clients account will be terminated immediately,
and a refund will not be provided. Clients may cancel their account at
any time. We provide a 30 day money back guarantee on all our hosting
plans. If a client cancels during the initial 30 days, the client will
receive a full refund of all hosting charges and all setup charges, less
any design and creation charges. There are no refunds for clients after
the initial 30 days; we do not provide pro-rata refunds.
9. INDEMNIFICATION
Client agrees to use all Digital Deviance services and facilities at their
own risk. Client agrees that it shall defend, indemnify, save and hold
Digital Deviance harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorney's fees asserted against
Digital Deviance, its agents, its clients, officers and employees, that
may arise or result from any service provided or performed or agreed to
be performed or any product/service sold by client, its agents, employees
or assigns. Client agrees to defend, indemnify and hold harmless Digital
Deviance against liabilities arising out of; (1) any injury to person
or property caused by any products sold or otherwise distributed in connection
with Digital Deviance servers; (2) any material supplied by client infringing
or allegedly infringing on the proprietary rights of a third party; (3)
copyright infringement and (4) any defective products/services sold to
client from Digital Deviance.
10. SPAM POLICY
Digital Deviance has a zero tolerance to Spam. Under this policy, we prohibit
Spam, or any unsolicited commercial email (UCE), or unsolicited bulk email
(UBE) from being sent over the Digital Deviance network, by clients or
any other users of the Digital Deviance network. We reserve the right
to terminate the services, without prior notice, of any client disregarding
this policy. Sending unsolicited commercial email (spam), cross-posting
messages to a large number of usenet groups, posting obscene or threatening
messages while using or referring to a Digital Deviance email address
or web site URL is prohibited. The use of Digital Deviance networks as
a mail drop for responses to activities described above is also prohibited.
If you have any complaints or comments regarding spam on our network,
please email them to our
11. DISCLAIMER
Digital Deviance will not be responsible for any damages your business
may suffer, be it direct, indirect or consequential. Digital Deviance
makes no warranties of any kind, expressed or implied for services we
provide other than what's stiplulated within this agreement. Digital Deviance
disclaims any warranty or merchantability.
12. MISCELLANEOUS
This Agreement constitute the entire agreement between you and Digital
Deviance and supersede all prior or contemporaneous communications and
proposals, whether electronic, oral, or written, between you and Digital
Deviance, with respect to the Digital Deviance website or any websites
created by Digital Deviance. If any provision of the agreement is deemed
invalid or unenforceable for any reason, such provision shall be deemed
superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement
shall continue in full force and effect. Any rights not expressly granted
herein are reserved.