Legal (Terms of
Use)
 This agreement
represents the complete agreement and understanding between Digipark
and the account holder (hereinafter called Customer) and supersedes any
other written or oral agreement. Upon notice published on-line via
Digipark services, Digipark may modify these terms and conditions,
amplify them, and/or modify the prices, as well as discontinue or
change services offered. If you do not agree to these terms and
conditions, please notify our Billing Department at sales@digipark.com
so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall
constitute your approval.
1. Digipark makes no warranties of any kind, whether expressed or
implied, for the service it is providing. Digipark also disclaims any
warranty of merchantability or fitness for a particular purpose.
Digipark will not be responsible for damages the customer suffers. This
includes loss of data resulting from delays, non-deliveries,
misdeliveries, or service interruptions caused by its own negligence,
subscriber's errors or omissions, or due to the fault of third parties.
2. Services provided to the Customer by Digipark may only be used for
lawful purposes. Transmission or publication of any information, data
or material in violation of any U.S. Federal or state regulation or law
is prohibited. This includes, but is not limited to, material protected
by copyright, trade secret or any other statute, threatening material
or obscene material. Digipark reserves the right to remove any and all
materials which infringe on copyright work. Such materials will be
removed at any time upon receiving a complaint and or notice of
copyright infringement.
3. Customer agrees to defend, hold harmless and expeditiously indemnify
Digipark from any liability, claim, loss, damage or expense arising out
of the indemnifying party's breach or violation of any covenant
contained in this Policy and resulting from the Customer's use of the
service.
4. Digipark accounts cannot be transferred or used by anyone other than
the subscriber. Customers may not sell, lease, rent or assign the
connection or parts of the connection to any party not named in this
Policy. Customer may allow ftp access to its server and host web sites
for its customers without violating this Policy. Network bandwidth
charges in excess of allocated amount will be assessed from access log
reports generated by the HTTPD server.
5. Digipark reserves the right to cancel service for any reason without
prior notice. In case of cancellation, unused fees will not be returned
to the subscriber. The setup fees are not refundable. If a customer
re-registers after Digipark's cancellation of the account without
Digipark's written consent, Digipark may cancel Customer's account and
all dues and fees paid to date regardless of whether service has been
rendered will be forfeited. Additionally, any amounts due will be
immediately payable.
6. Setup fees are not refundable.
7. At the time of account cancellation, a Cancellation Code may be
provided. If accounts are billed in error after the Cancellation date,
credits may only be issued with a valid Digipark Cancellation Code. If
cancellation is done in writing, it will be the responsibility of the
Customer to contact Digipark for the Cancellation Code.
8. Additionally, CUSTOMER agrees not to utilize the Digipark service,
equipment or email address in connection with the transmission of the
same or substantially similar unsolicited messages to 100 or more
recipients or in a single day. CUSTOMERS responsible for violating this
clause of the Digipark Acceptable Use Policy will be fined $2.00 per
message. Payment by CUSTOMER under this provision shall not prevent
Digipark from seeking other legal remedies against CUSTOMER.
9. Customer agrees not to transmit, promote, or otherwise make
available any software, product or service that is either illegal or
designed to violate this Agreement. Such software, products or services
include, but are not limited to, programs designed to send unsolicited
advertisements (i.e. "spamware") and services which
send unsolicited advertisements.
10. Digipark requires that its agreements be made with a person who is
qualified to contract. As such, subscriber must be over the age of
eighteen (18) years. Otherwise, a parent or guardian must accept this
agreement and enclose the proper payment. Digipark cannot accept
payments from persons who are not at least eighteen (18) years of age,
nor can we accept agreements from persons who are not at least eighteen
(18) years of age.
11. Customer shall ensure that its use of Digipark's network services
shall not disrupt Digipark, it's associated networks or equipment
forming part of the systems. In instances in which an excessive amount
of system resources are utilized by a subscriber, Digipark reserves the
right to place CPU process limits on the Customer's account to prevent
disruption of service to other customers. Customers shall not transmit
any communication where the meaning of the message, or its transmission
or distribution, would violate any applicable law or regulation or
would likely be offensive to the recipient thereof. No message may be
mass distributed, or otherwise sent on an intrusive basis to any
Digipark user or to any directly or indirectly attached network. Use of
Digipark's connection in a manner that is disruptive, damaging,
unlawful, offensive, or intrusive as determined by Digipark shall be
considered a breach of this Policy and may result in cancellation of
service. This prohibition extends to sending of unsolicited mass
mailings from another service which in any way implicates the use of
Digipark's service, Digipark's equipment or any site hosted on any
Digipark network.
12. Customer warrants that any material submitted
for publication on Digipark does not violate or infringe any copyright,
trademark, patent, statutory common law or proprietary interest of
others or contain anything obscene or libelous. Digipark reserves the
right to remove any and all materials which infringe on copyright work.
Such materials will be removed at any time upon receiving a complaint
and or notice of copyright infringement.
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13. If Digipark becomes aware of material that could be infringing on a
third party's copyright, it will initiate an investigation. To conduct
an investigation of copyright infringement, the Complainant must submit
at least two items. First, Complainant must submit a claim in writing
with the applicable copyright or trademark registration number and a
copy of the underlying copyrighted work along with the Customer's
materials. Second, Complainant must offer a good faith certification
signed under penalty of perjury. This certification must state that the
work is the property of the Complainant, that the work has been copied
and that use of the work is not defensible. With this information
in-hand, Digipark, at its discretion, may, at any time deny access to
the challenged material of Customer.
14. Use of other organizations' networks or computing resources is
subject to their respective permission and usage policies.
15. Use of Digipark's hosting services could involve listing
subscriber's participation in relevant directories, and subscriber
expressly grants permission for such listings.
16. Although all hosting plans permit unlimited data transfer, each
plan is subject to a surcharge in the event usage exceeds the allotted
free bandwidth for that plan. Customer is responsible for charges
related to bandwidth exceeding the plan's allotted data transfer.
17. If you believe that your work has been copied in a way that
constitutes copyright infringement by a Digipark customer (the
Customer), you (the Complaining Party) must first provide Digipark with
the following information in writing (the Notification): an
electronicor physical signature of the person authorized to act on
behalf of the owner of the copyright interest that is allegedly
infringed; a description of the copyrighted work that you claim has
been infringed; if multiple copyrighted works at a single site are
covered by a single notification, then include a representative list of
such works at that site; a description of where the material that you
claim is infringing is located on the site sufficient to permit us to
locate the allegedly infringing material; your address, telephone
number, and email address; a statement that you have a good faith
belief that the disputed use is not authorized by the copyright owner,
its agent, or the law; a statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and that
you are the copyright owner or authorized to act on the copyright
owner's behalf. Digipark Notice of claims of copyright infringement on
its site can be reached as follows:
By mail:
Iwillbefree.com
6929 Yellowpine Drive
Colorado Springs, CO 80919
admin@digipark.com
Upon receipt of the written Notification containing the above
information by the Complaining Party, and only upon receiving such
Notification, Digipark will: remove or disable access to the material
that is alleged to be infringing; Forward the written notification to
the alleged infringer ("the Customer"); Take
reasonable steps to promptly notify the Customer that it has removed or
disabled access to the material. In response, the Customer may send a
Counter-Notification to Digipark, To be effective, the
Counter-Notification must be in writing and include the following
information: The Customer’s physical or electronic signature;
Identification of the material that has been removed or to which access
has been disabled and the location at which the material appeared
before it was removed or access to it was disabled. A statement under
penalty of perjury that the Customer has a good faith belief that the
material was removed or disabled as a result of a mistake or
misidentification of the material to be removed or disabled. The
Customer’s name, address, and telephone number, and a statement
that the Customer consents to the jurisdiction of the Federal District
Court in which the address is located, or if the Customer is outside
the United States, for any judicial district in which Digipark may be
found, and that the Customer will accept service of process from the
person or his agent who provided the original Notification. Upon
receipt of the written Counter-Notification containing the above
information by the Customer, and only upon receiving such
Counter-Notification, Digipark will: Provide the Complaining Party with
a copy of the Counter-Notification; Inform the Complaining Party that
it will replace the removed material or cease disabling access to it
within ten (10) business days; Replace the removed material or cease
disabling access to the material within ten (10) to fourteen (14)
business days following receipt of the Counter-Notification, provided
Digipark has not received notice from the Complaining Party that an
action has been filed seeking a court order to restrain the Customer
from engaging in infringing activity relating to the material
referenced in the Notification.
18. Any party seeking to report any other potential violations of this
Agreement may contact Digipark via e-mail at admin@digipark.com.
19. Transferring your domain to another provider does not constitute
canceling your Digipark account. You must notify Digipark to formally
cancel your account with Digipark to avoid further charges.
20. On occasion, Digipark may have a need to communicate with its
customers through e-mail issues related to billing, as well as changes,
additions and modifications to the network. It is the responsibility of
the customer to check e-mail sent to the primary login e-mail address
on the account.
21. It is the responsibility of the customer to contact Digipark of any
changes to their account, such as phone number, address, credit card
information, etc. Customers will be required to provide verification
for security purposes authorizing them to make any changes to that
account.
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