Digital Spirits Web Site Production and Hosting Terms

This contract is between Digital Spirits represented below as the words WE, US etc. and you, the publisher represented below as You, Your etc.

  • These terms represent the whole contract. Use of your site is subject to these terms and conditions. Both You and We agree to be bound by these terms.  These terms may be changed from time to time, to be published at http://www.digitalspirits.com/termcond.htm

  • First use of any part of your account by you shows acceptance of these conditions

  • We will provide you with Web Space

  • Sub- hosting is allowed, but never more than 5 subdirectories/companies (Sub- hosting of internal departments is unlimited)

  • Accounts are provided with 3GB traffic per month over 3Mbps data lines unless otherwise stipulated in your invoice.  Traffic is not automatically limited, should you use more traffic, you agree to pay for the additional traffic at the published rates.

  • We will provide you with the best "up- time" possible based on our goal of 99.7% "up-time".

  • 99.7% "up-time" is backed by customer credit.  Any down-time beyond this is eligible for credit to customers who request this.  Down-time is calculated as any period of time longer than 15 minutes calculated in 15 minute increments due to hardware, software, power or availability failure on our servers routers or network. We are not responsible for the availability or speed of the Internet, your ISP, 3rd party ISPs, nor the up-time or availability of the backbone or peering points within the backbone (Varies on use).  We are not responsible for your data, files or programming.  This means that our up-time guarantee is calculated based on recovery time to recover HTTP, SMTP, POP3 and FTP services, not data or files.  We therefore recommend that you keep a master copy of all your files in an 'off-line' and secure location, in order to re-upload should we not be able to recover your data after down-time.

  • We back up our servers regularly.  This is done to facilitate recovery times not to provide redundancy.  In no way is this a guarantee of your data, files or an ability to recover your web site.  In cases of down-time, we will in all cases attempt to recover your most recent files, but we may need to return your web site to an earlier state or to a new, blank site.  There may be times when we decide to provide you with alternate hosting facilities during recovery times to facilitate up-time.

  • Whenever possible we will obtain and maintain Service Level Agreements with our Internet Suppliers to be able to deliver highest availability possible.

  • We retain the right to remove any files which, at the sole discretion of Digital Spirits staff, is deemed inappropriate for storage at the site.

  • We retain the right to cancel your account at any time, move your account to another location, or change your security features (Passwords etc.) at any time if this poses a threat in any way to your business or ours.

  • You retain the right to cancel your account at any time, move your account to another provider or request your security features changed at any time if this poses a threat in any way to your business or ours.

  • We retain the right to replace, move or change the configuration of the equipment used for the service or the services offered at any time

  • You will keep your account in good standing and pay all invoices in accordance to the terms of your contract and/or service package.

  • You will notify us 1 month before your billing cycle ends if you wish to cancel your account, or change your billing method or information unless otherwise contracted in writing.

  • You agree to a contract length equivalent to your billing cycle, to be automatically renewed for an equivalent length of time during the last month of the contract. (i.e. Yearly contracts are renewed for another year automatically one month before it ends)

  • You will maintain your web space or have Digital Spirits make updates as the terms of your contract dictate

  • You will not store data on the web server which is not published

  • You will not store data on the web server which contains any reference to people under the age of 18 years old which are exploited in any way for any gain (Financial, Sexual or otherwise)

  • You agree to the usage policy below

  • Any violation of these terms result in suspension or removal of the site without refund.

  • We are not opposed to any sites used for financial gain, graphically oriented material (No Commercial Porn), or just homepages.

  • Prices represent cost of set-up for the period and are therefore non- refundable upon cancellation or suspension

  • Published prices do not include GST. GST will be billed on each invoice as required

  • Our customers are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Customers are expected to have a basic knowledge of how to use the Internet, including all skills required to maintain your account. Customers needing support with syntax involving HTML, CGI scripts, and Java will be charged for such support.

  • Digital Spirits does provide users with the basics regarding Web publishing. No attempt is made to be comprehensive. It is assumed that Customers take care of their own technical advisors and programmers who have the technical expertise.

  • Digital Spirits forbids web sites with adult graphic content (soft core and/or hardcore), hatred messages including racism, sexism, or sites promoting one particular race, sex, or nationality as superior and/or another race, sex, or nationality as inferior. Web sites found with child pornography will have their account disabled immediately and Digital Spirits will turn the files over and all information on the account to the appropriate authorities.

  • Web sites that promote activities that violate any laws are also not welcome at Digital Spirits. This includes "warez" sites, sites promoting hacking, cracking programs or devices, or web site distribution adult web site passwords.

  • Any site found on our servers which fit any of the descriptions above will be immediately disabled, removed, and are subject to a $150 clean- up and service fee upon termination.

  • Illegal uses include, but are not limited to activities such as unauthorized distribution or copying of copyrighted software (piracy or "warez"), violation of any countries export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.

  • Spamming is the sending of unsolicited e- mail, regardless of size, to persons the sender does not personally know. Using fictitious e- mail addresses @digitalspirtits.com is forbidden as well. Spamming also includes sending unsolicited advertisements to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user. Trolling, the posting of outrageous messages to generate numerous responses is also not allowed. Mail bombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person's permission, cross- posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system is strictly forbidden. Tortuous Conduct/Interference with a Business Relationship/Contract Includes, but is not limited to posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

  • Upon allegation of SPAM or Unsolicited Email, you hereby agree to providing the following information regarding this allegation within 24hrs:
    - What process is used to add email addresses to your mailing list (Supply the URL)
    - What agreement is entered into by your potential customers which allows you to send them (e-)mail (provide a copy)
    - How do you assure yourself that the email address entered is legitimately owned by the person entering into the agreement (This is also known as double opt-in)
    **You are responsible for all mail generated with your domain name as return address or destination URL when gain is obtained or provided from the email (This rule is very important when considering affiliate programs)

  • Digital Spirits reserves the right to determine what constitutes abuse of our services.

  • Misuse of system resources, including but not limited to employing posts or programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for the customer's own account; or resale of access to CGI scripts installed on our servers.

  • Complaints about violators of our policies should be referred to mailto:abuse@NetSolution.co.uk. Each complaint will be investigated thoroughly.

  • You agree and hereby acknowledge to have printed a copy of this agreement for your own records.