Service Agreement

This policy represents the DigiTurunc Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all DigiTurunc customers agree to when they sign-up for any of the DigiTurunc web site hosting services. DigiTurunc reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers. Customers using any services offered by DigiTurunc agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with DigiTurunc. DigiTurunc retains the sole discretion to make judgment regarding any violation by any DigiTurunc customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer’s services without refund and/or, if deemed appropriate, be legally prosecuted.

General Provisions

In consideration for DigiTurunc maintaining one or more accounts (each “Account”), you, as the DigiTurunc customer, agree to the following terms of service.

Definitions

“We” “Us” or “Provider” or DigiTurunc.” .DigiTurunc.com.
“You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.

Disclaimer of Warranty

The Internet and web site hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.

DigiTurunc however, offers a 99.9% uptime guarantee. This is valid for only the DigiTurunc servers and our primary co-location internet connection. DigiTurunc shall pursue partnerships with all tier-1 resource and channel available to maintain maximum uptime, however, DigiTurunc is not responsible for any down time caused by any provider’s hardware or network malfunction which is outside of DigiTurunc capability to directly correct. DigiTurunc clients are diverse and their web sites and the function of those web sites are diverse and DigiTurunc cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.

DigiTurunc MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither DigiTurunc nor anyone else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of DigiTurunc, even if DigiTurunc has been advised to the possibility of such damages.

Limitation of Liability

You agree to indemnify, defend and hold DigiTurunc and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto DigiTurunc servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to DigiTurunc. equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by DigiTurunc gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

Indemnification

Services Provided by DigiTurunc

DigiTurunc will provide Internet server rental (“the Service”) to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows DigiTurunc members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. DigiTurunc members will use the provided services in a manner consistent with any and all applicable laws. DigiTurunc provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. DigiTurunc reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, DigiTurunc can terminate client’s account without notification.

DigiTurunc.com provides timely web site hosting support to our clients through emails, chat and phones. By accepting your client contract agreement with DigiTurunc.com. You agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of DigiTurunc.com and any employee or contractor of DigiTurunc.com.

a. Client Content :
Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of DigiTurunc or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to DigiTurunc or any third party. Customers may not run IRC, bots or clients. Clients may not use DigiTurunc servers for file storage unrelated to the client’s web site, storage Space is for active web site file pages only.

DigiTurunc’ shared hosting account holders may not act as a reseller, which means that clients may not host any web sites in their add-on domains that are not domains owned by the client on record at DigiTurunc. You will need to opt-in for our reseller hosting service. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing web sites.

The provided MS SQL remote connection interface is to be used with the purpose of managing your MS SQL database remotely and NOT for the purpose of using our MS SQL for remote SQL storage for other sites/applications – violating this rule will result in account suspension. DigiTurunc will be the sole and final arbiter as to what constitutes a violation of this policy. DigiTurunc does not normally monitor the contents of clients servers, however if suspicion occurs, DigiTurunc reserves the right to investigate and terminate the clients subscription to the service.

b. Unlimited Features :
What do you mean by “unlimited disk space and bandwidth/data transfer”

We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked “Unlimited”. We want you to have the resources available to you to build a great online presence.

Even though we want you to succeed, we need to ensure that we’re providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our Excessive Resource User Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business web site.

If a customer’s hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers before hand, can occur without notice.

c. Excessive Resource User Policy :
Resources are defined as bandwidth, memory and/or processor utilization. DigiTurunc offers a shared web hosting service in which environment customers may share resources with other customers. Therefore it is imperative that DigiTurunc control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A website is considered using “Excessive amounts of resources” when it monopolies the resources available using 8% or more of system resources for longer than 60 seconds. There are numerous issues that could cause such problems, including but not limited to: Scripts, FTP, HTTP, etc. Any site that consumes over the account limit of bandwidth is also considered an “excessive resource” user. In the event of excessive resource usage DigiTurunc may act in the following manner: if the excessive usage may cause a disruption of service to any other customer, DigiTurunc may suspend that customer’s account prior to notify that customer, DigiTurunc may also contact the ‘excessive usage’ customer prior to taking any action if DigiTurunc feels that the excessive usage will not interfere with the service of any other customer. Client suspensions prior to notification by DigiTurunc is rare and is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client whom is using “excessive resources” may be asked to upgrade his/her package to one of our dedicated server packages to reduce their excessive usage utilization in the future. DigiTurunc will be the sole and final arbiter as to what constitutes a violation of this policy.

d. No “Spam”:
UCE/UBE or “Spam” originating from a server located on our network or associated with a DigiTurunc server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the DigiTurunc network but is sent from an e-mail address not associated with that DigiTurunc account. Client shall not use their DigiTurunc services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. DigiTurunc reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.

e. Excessive Exploits :
DigiTurunc allows 3rd party scripts to be uploaded/installed from our auto-installer or manually (those scripts that are/aren’t included in the auto-installer) on your web hosting account. It is the responsibility or our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to “hack”, “exploit”, “deface” their site(s) it is the responsibility of our clients to either remove that script or DigiTurunc.com reserves the right to terminate that clients’ account and provide them with a prorated refund.

f. False Information :
Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact DigiTurunc concerning unethical, false or unlawful activities by you, DigiTurunc reserve the right to suspend or terminate your service with or without notice.

g. Licensed Software Only :
Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.

h. Back-Up Files :
DigiTurunc provides the tools needed to create backups of account data. It is the responsibility of the customer to keep up-to-date archives of their backed up data. DigiTurunc is not responsible for any loss of data.

Payment, Renewal, Cancellations
Payment Obligations :
Full payment is required in advance before hosting service is established. DigiTurunc sends out invoices that are due every pay period. You are given fifteen (10) days to fully pay the invoice.

You warrant and represent that the information you supply in the Order Form (or other information that DigiTurunc may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the client’s responsibility to ensure that payment is made to DigiTurunc prior to the renewal date and although DigiTurunc sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying DigiTurunc, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal.

Renewals :
Your account will be automatically renewed under the same time and fee structure unless you give written notice to DigiTurunc thirty (15) days before the renewal date that you do not wish to renew or make changes to such account. For accounts who used a coupon upon their initial purchase to reduce the cost of signing up with DigiTurunc those coupons are good for only the initial purchase and initial activation of the customers’ account and the coupon is not applied to the renewal of their customer account.

In addition refunds are not available for additional services which you may purchase at DigiTurunc for instance an additional domain name we may purchase for a client is not refundable and a dedicated IP which we may setup for a client for a charge is not refundable.

Web site files are the responsibility of the DigiTurunc customer and should a DigiTurunc customer decide to cancel their service it is the customer’s responsibility to make sure that they have backed up & downloaded the web site files and any emails from the DigiTurunc server prior to requesting that DigiTurunc cancels their account. Once the cancelation request has been submitted to DigiTurunc a cancelation of the web site hosting service may occur anytime after the request is received by DigiTurunc and when a cancelation request is completed the client’s hosting account with DigiTurunc and their web site files are permanently removed from the DigiTurunc servers. Therefore again it is the client’s obligation to ensure that they have downloaded their web site files and any emails from the server prior to their cancelation request.

99.9% Service Level Agreement ” SLA”
DigiTurunc offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. DigiTurunc will try to maintain maximum uptime. DigiTurunc is not responsible for any downtime caused by the client.