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Acceptable Use Policy (AUP) and Terms of Service (TOS)

DigitalShore issues this document.

DigitalShore agreed to provide the client web hosting for a monthly/semi-annual/annual fee. DigitalShore will never require clients to advertise for on their website in any way shape or form unless agreed upon such as a non-profit organization receiving complimentary hosting. Clients are allowed to use the service for business/commercial or personal websites or content.

All services provided by DigitalShore may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States, Canada, (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless from any claims resulting from the use of the service which damages the subscriber or any other party. The subcriber or "client" agrees to hold all responsibility for what is on each of their individual sites, and is no way in relation to DigitalShore.

Examples of non-acceptable content or links:
- Pirated Software
- Hacking Programs or Archives
- Denial of Service
- Booter
- Terrorism
- Child Porn
- Warez Sites
- Copyrighted Materials
- Spamming

Background-running Programs:
Some of our plans support background running programs which entitle the user to run programs on a SSL unix backend, however we do not allow any sort of "bots" or "irc" related connections to be made from the hosting end of the machine. Programs of harmful nature such as ddos, or any other harmful scripts. If such scripts/programs are found to be running on the server, user accounts will be immediately terminated under a zero-tollerance policy and no refund or notifications will be given to such user.

Banned Scripts:
You are free to use any scripts you wish provided they do not affect the normal operations of the server and they are not mentioned specifically below. Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, We reserved the right to disable the account pending client cooperation and resolution.

Scripts we do not allow include:

- Chat servers/scripts of any kind are strictly prohibited.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials: 
Violation of indecency and obscenity laws can result in criminal penalties which are in no way responsible or in any relation to DigitalShore but is the responsibility of the subscriber of the account.

Intellectual Property Rights:
Material accessible to you through DigitalShore Services may be subject to protection under the United States of America, Canada (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the DigitalShore in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Internet. If you use a domain name in connection with DigitalShore or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security:
Customers may not use the DigitalShore with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. DigitalShore will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service:
DigitalShore reserves the right at its sole discretion to refuse or cancel service. Violation of any of DigitalShore's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded. Free domains which have been granted for customers paying annually are released to the customer at the end of there hosting period. Domains terminated due to policy violations will not be released to the customer.

Spam Or Unsolicited E-Mail:
You must not use the DigitalShore, It's equipment or any DigitalShore hosted email/domain address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the DigitalShore, It's equipment or any DigitalShore Internet Services email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, We reserved the right to disable your domain without warning. In addition, We may impose a $100 US penalty for each spam policy violation. We solely reserves the right to refuse or cancel service to known spammers. Lastly, We reserved the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. The only type of E-Mail subscriptions DigitalShore allows is "opt-in/out" e-mail lists in which participants willingly submit their e-mail addresses, and may remove when requested their e-mail addresses.

Any attempts to undermine, slander, libel, threaten, or cause harm to a DigitalShore server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Customer agrees that it shall defend, indemnify, save and hold DigitalShore (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against DigitalShore. 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 DigitalShore against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with DigitalShore server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of DigitalShore to the amount paid for service.

Refunds & Cancellation Policy:
For payment, We accept Paypal. Money Order (International Type)* Must pay in semi-annual or annually term. We send out invoices exclusively via e-mail. We do not send out invoices via postal services.

If customer cancels fifteen (15) days before recurring monthly billing date customer will not be billed for the next month and all payments thereafter will be cancelled with immediate effect.

Late Payment:
Any account whose payment status is not current as of the start of the next billing period is deemed late. Generally, customers are given a 2 day grace period after which the account is put on suspension and charged an extra 2% for each day payment is late.

You will receive a payment reminder everyday from the start of your payment due date. If after 2 days payment has not been received or we have not been contacted regarding payment, your account will be terminated without any further notice. For late payments please email [email protected] to arrange the payment.

We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. DigitalShore 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 DigitalShore and its employees. We make a 99% Uptime guarantee*

*This guarantee does not include server shutting down due to any form of attack to the server, or physical problem to the server's hardware, or any scheduled maintance.

We keep backups of key server systems only. We accept no responsibility for any loss of data or consequences arising from this. We always advise clients to back up their site data regularly for their own protection.

Finally, DigitalShore wishes to emphasize that in accepting services, customers indemnify DigitalShore for the violation of any law or DigitalShore policy, that results in loss to DigitalShore or the bringing of any claim against DigitalShore. This means that if DigitalShore is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against DigitalShore, plus costs and reasonable legal fees.

Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation and any fee's associated with the termination or violation.

We reserved the right to change, edit, or update the policies contained in this document at any time for any reason without notice.