Dedicated & Virtual Private Servers- Acceptable Usage Policy
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Introduction

The primary purpose of DigiServ™ Technologies cc is to facilitate communication with the numerous computer networks commonly referred to collectively as "the Internet." It is DigiServ™ Technologies cc's intention to allow DigiServ™ Technologies cc users complete access to everything the Internet has to offer, with minimal or no interference from DigiServ™ Technologies cc.

However, many of the individual networks or portions of the Internet have specific guidelines for use. As the Internet expands, it is increasingly common for an Internet Service Provider, such as DigiServ™ Technologies cc, to be blocked from use of another organization's systems due to violations of that system's guidelines. Because DigiServ™ Technologies cc runs multi-user systems, actions of one DigiServ™ Technologies cc customer can have a severe impact on other customers' ability to use the system(s). This is unfair to all DigiServ™ Technologies cc users.

To this end, DigiServ™ Technologies cc has developed these Acceptable Use Policies. They are intended to inform DigiServ™ Technologies cc's Customers of what DigiServ™ Technologies cc considers to be acceptable conduct in relation to the Internet, and to inform Customers what actions DigiServ™ Technologies cc may take, with or without notice, in the event that DigiServ™ Technologies cc becomes aware of inappropriate use of DigiServ™ Technologies cc's service. This AUP will be used to help DigiServ™ Technologies cc system administrators deal with complaints from users of DigiServ™ Technologies cc or other Internet-connected systems, and to determine when action should be taken.It is expected that all DigiServ™ Technologies cc Customers will follow the policies set forth herein. These policies are drawn from applicable law and generally accepted standards of Internet conduct, and are intended to ensure protection of DigiServ™ Technologies cc's technical resources, ability to continue to provide high quality service to its customers, and the protection of DigiServ™ Technologies cc's reputation as a service provider.

ACCESS TO DIGISERV TECHNOLOGIES CC'S INTERNET SERVICE IS PROVIDED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

1. Warranties/Disclaimers

DigiServ™ Technologies cc's Internet service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to DigiServ™ Technologies cc or any information or software therein. You release DigiServ™ Technologies cc from and DigiServ™ Technologies cc shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the DigiServ™ Technologies cc services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by DigiServ™ Technologies cc's own negligence. Without limiting the generality of the foregoing, DigiServ™ Technologies cc disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the DigiServ™ Technologies cc services. In no event shall DigiServ™ Technologies cc's aggregate liability exceed the amount paid by you to DigiServ™ Technologies cc for the DigiServ™ Technologies cc services. Use of any information obtained via DigiServ™ Technologies cc's Internet service is at the user's own risk. DigiServ™ Technologies cc specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

1.1

UNDER NO CIRCUMSTANCES SHALL DIGISERV TECHNOLOGIES CC BE LIABLE FOR ANY INCIDENTAL, UNCONSEQUENTIAL, OR CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF DIGISERV TECHNOLOGIES CC WAS INFORMED OF OR OTHERWISE AWARE OF THE POSSIBILITY THEREOF. In no event shall DigiServ™ Technologies cc's liability for direct damages incurred for any reason and upon any cause of action arising from or relating to this Agreement or the subject matter hereof exceed the fees paid to DigiServ™ Technologies cc by Customer hereunder in said term in which the damages are incurred.

1.2

DigiServ™ Technologies cc warrants that the services it performs in maintaining its Internet services will be rendered in a competent, professional manner. DigiServ™ Technologies cc does not warrant and specifically disclaims any representations that its Internet service will meet Customer's requirements or that their use will be uninterrupted or error-free. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, DIGISERV TECHNOLOGIES CC DISCLAIMS ALL OTHER EXPRESSED WARRANTIES AND ALL WARRANTIES, DUTIES AND OBLIGATIONS IMPLIED IN LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DigiServ™ Technologies cc's limited warranty set forth herein is in lieu of all liabilities or obligations of DigiServ™ Technologies cc for damages arising out of or in connection with its Internet services.

1.3

DigiServ™ Technologies cc is not obligated to verify the accuracy of any information contained on Customer's page or verify that the information is any other way proper and acceptable, provided, however, that DigiServ™ Technologies cc reserves the right to:

• A.) Modify or delete any information or graphics supplied by Customer in order to comply with current and future technical limitations and business requirements of the Internet service.

• B.) Modify, delete or suspend dissemination or display of any information or graphics supplied by Customer if DigiServ™ Technologies cc receives any complaints about Customer's information or advertising:

- (i) being false, deceptive, unfair or inaccurate;
- (ii) violating another's intellectual property right; or
- (iii) containing language which defames or libels another or another's works.

• C.) Suspend dissemination and display of the Customer's Internet page, if Customer has not made a payment as required by this Agreement, or if DigiServ™ Technologies cc determines that the information on the Customer's Internet page will damage the reputation of DigiServ™ Technologies cc.

2. Security

The Customer is responsible for all use of the Customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. DigiServ™ Technologies cc will suspend access or change access to Customer's account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. DigiServ™ Technologies cc is not liable for any usage and or charges prior to DigiServ™ Technologies cc making the necessary account alteration. Electronic mail on this system is as private as we can make it. DigiServ™ Technologies cc's Customers are reminded that no computer network can ever be considered completely safe from intrusion. E-Mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted ­ and even encrypted information is only as secure as the encryption method utilized.

3. Personal Files

DigiServ™ Technologies cc is not responsible for any Customer's personal files residing on DigiServ™ Technologies cc. The Customer is responsible for independent backup of the Customer's data that is stored on DigiServ™ Technologies cc. DigiServ™ Technologies cc reserves the right to delete any Customer's personal files after one or both parties terminates the service agreement between DigiServ™ Technologies cc and the Customer.

4. Non-Transferability of Account

The right to use DigiServ™ Technologies cc's Internet service is not transferable. Use of DigiServ™ Technologies cc accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A Customer may use no more than one log-in session per account at any time. If a Customer has multiple accounts, the Customer is limited to one log-in session per account at any time.

5. Network Address Ownership

Any network address assignments issued by DigiServ™ Technologies cc (i.e., IP addresses and Class C address space) are the property of DigiServ™ Technologies cc and are considered to be loaned to its customers. In the event service with DigiServ™ Technologies cc is discontinued for any reason, such addresses will revert to DigiServ™ Technologies cc. If a Customer of DigiServ™ Technologies cc participates in a service of DigiServ™ Technologies cc which provides for a unique Domain Name System (DNS) entry, the Customer will retain ownership of the assigned Domain Name, but not the IP address to which it was assigned by DigiServ™ Technologies cc.

6. Compliance with all Laws

Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations of the United States of America, Republic of South Africa, the Commonwealth of Virginia, and the Customer's locality. Reproduction or transmission of any material in violation of any local, state, U.S., RSA or international law or regulation is prohibited. The Customer agrees that any material to be reproduced or transmitted on DigiServ™ Technologies cc's service through Customer 's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on DigiServ™ Technologies cc. The Customer shall defend, indemnify and hold harmless DigiServ™ Technologies cc from and against any claims, liabilities and expenses, including attorney fees, resulting from any Customer's use of the DigiServ™ Technologies cc service or a Customer's account in an unlawful manner or otherwise in violation of or contrary to the Customer's Agreement with DigiServ™ Technologies cc or DigiServ™ Technologies cc's Acceptable Use Policies. At DigiServ™ Technologies cc's discretion, DigiServ™ Technologies cc may revoke any Customer's access to DigiServ™ Technologies cc services or accounts for inappropriate usage.

Customer represents and warrants to DigiServ™ Technologies cc that Customer owns or otherwise has the right to display and disseminate the information and content provided on the Customer's Internet page, and that such information and content does not infringe on the intellectual property rights of any third party. Customer represents and warrants that it has obtained, and currently has, any and all grants of rights from third parties which may be required to display text, graphics or other materials in the information contained on Customer's Internet page.

7. Unacceptable Conduct

The following types of conduct are grounds for immediate suspension of service pending investigation by DigiServ™ Technologies cc and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, DigiServ™ Technologies cc reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a DigiServ™ Technologies cc Customer as described in (a) and (b) below before such postings are forwarded:

(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic, according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate, including articles used for marketing or promoting a site which resides on the DigiServ™ Technologies cc network (Inappropriate Postings).

(b) Sending Unsolicited Business Emails (Spam) from DigiServ™ Technologies cc's Network. Spam is defined as 20 or more unsolicited messages sent simultaneously.

(c) Engaging in either Inappropriate Postings (a) or Spam (b) from a provider other than DigiServ™ Technologies cc for the express purpose of marketing a site which resides on the DigiServ™ Technologies cc network, or promoting a site on DigiServ™ Technologies cc's network through Spam from a non-related network. These tactics are defined as Spamvertisement.

(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by DigiServ™ Technologies cc.

(e) Mail bombing, i.e., sending large volumes of unsolicited E-Mail to individuals or to individual business accounts.

(f) Impersonating another user or otherwise falsifying one's user name in E-Mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)

(g) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.

(h) Use of IRC bots or clonebots on DigiServ™ Technologies cc, whether on IRC servers controlled by DigiServ™ Technologies cc or by other parties. An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.

(i) Network unfriendly activity: Attempts to interfere with the regular workings of DigiServ™ Technologies cc's systems or network connections or which adversely affect the ability of other people or systems to use DigiServ™ Technologies cc services or the Internet, including, but not limited to:

1. any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other DigiServ™ Technologies cc system;

2. any use of this or any other DigiServ™ Technologies cc system as a staging ground to disable other systems.

(j) Any activity which violates the laws or statutes of the United States or the Commonwealth of Virginia.

8. Excess Utilization of System or Network Resources

DigiServ™ Technologies cc account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers, and use up to these limits is included in the price for that type of Customer. In the event DigiServ™ Technologies cc determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Customer will be notified by E-Mail. If the excess use continues for more than 48 hours after such notification, the Customer may be requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by DigiServ™ Technologies cc to adversely affect DigiServ™ Technologies cc's ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the Customer will be notified by E-mail as soon as practicable.

9. Compliance with Rules of Other Networks

Any access to other networks connected to DigiServ™ Technologies cc's Internet service must comply with the rules for that other network as well as with DigiServ™ Technologies cc's rules.

10. Monitoring/Privacy

DigiServ™ Technologies cc reserves the right to monitor any and all communications through or with DigiServ™ Technologies cc facilities. Customer agrees that DigiServ™ Technologies cc is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for DigiServ™ Technologies cc employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. DigiServ™ Technologies cc also reserves the right to access a Customer's mailbox or other files stored on DigiServ™ Technologies cc systems to resolve system problems or mail system errors.

11. Cooperation with Authorities

DigiServ™ Technologies cc reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other illegal activity.

12. Confidentiality of Personal Subscriber Information

DigiServ™ Technologies cc will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that DigiServ™ Technologies cc's judgment as to the validity of any court order of subpoena shall be considered proper and final.

13. DigiServ™ Technologies cc's Right to Suspend or Cancel Account

DigiServ™ Technologies cc reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of DigiServ™ Technologies cc that the Customer may be performing activities harmful to DigiServ™ Technologies cc or its Customers, employees, vendors, business relationships or any other users of the Internet.

14. Right to Damages

DigiServ™ Technologies cc reserves the right to collect damages (software, hardware and man hours) if any harm is done to DigiServ™ Technologies cc which requires repair or reconfiguration of any kind.

15. Other Remedies/Non-Waiver

Nothing contained in these policies shall be construed to limit action DigiServ™ Technologies cc may take or remedies available to DigiServ™ Technologies cc in any way with respect to any of the described conduct. DigiServ™ Technologies cc reserves the right to take any additional actions DigiServ™ Technologies cc may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the DigiServ™ Technologies cc service, and levying cancellation charges to cover DigiServ™ Technologies cc's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, DigiServ™ Technologies cc reserves at all times all rights and remedies available to DigiServ™ Technologies cc with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and DigiServ™ Technologies cc reserves the right to enforce such policy or rule at its sole discretion.

16. DigiServ™ Technologies cc's Right to Change Service

DigiServ™ Technologies cc reserves to right to change without notice the DigiServ™ Technologies cc service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

17. DigiServ™ Technologies cc's Right to Modify its Acceptable Use Policies

DigiServ™ Technologies cc may modify its Acceptable Use Policies upon notice published online via DigiServ™ Technologies cc. Customer's use of DigiServ™ Technologies cc services after such notice shall constitute Customer's acceptance of the modifications to these policies.

18. Indemnifications

Customer agrees to defend, indemnify and hold harmless DigiServ™ Technologies cc and its owners, officers, shareholders, directors, employees, affiliates and subsidiaries from and against any and all claims, demands, liabilities, proceedings, damages, injuries, losses, costs and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to:

• A.) Any acts or omissions by Customer undertaken in connection with the Internet page, including, without limitation, those arising out of or related to any branch of:

- (i) any Customer warranties, representations, or covenants hereunder;
- (ii) inaccuracy of any information, including false advertising claims and unfair competition claims;
- (iii) claims and investigations made by any Federal or State agency arising out of information contained on the Customer's Internet page.

• B.) Violations of any third-party intellectual property rights, or any claim of infringement, misappropriation or violation of a right of a third party (including, without limitation, a trade secret claim, a defamation or libel claim, or an obscenity claim).

19. Miscellaneous Provisions

19.1 - Prevention of Performance

The parties shall not be liable for any delay or failure of performance of this Agreement if such failure is caused by acts of God, war, governmental decree, power failure, judgment or order, strike, communications failure, equipment of software malfunction, or other circumstances, whether or not similar to the foregoing, which are beyond the reasonable control of such party.

19.2 - Entire Agreement

This instrument embodies the whole agreement between the contracting parties. There are no promises, representations, conditions, or terms other than those contained herein.

19.3 - Severability

The provisions of this Agreement are severable. If any provision is determined by a court of competent jurisdiction or a governmental regulatory entity to be invalid or unenforceable, in whole or in part, that provision shall be construed or limited in such a way as to make it enforceable, consistent with the manifest intentions of the parties. If such a construction or limitation is not possible, the unenforceable provision will be stricken, and the remaining provisions of this Agreement will remain valid and enforceable.

19.4 - Amendments

No modification, change, or alteration of this Agreement shall be effective unless in writing and signed by the parties hereto.

19.5 - Waiver

Failure by either party to insist upon the strictest performance or observance of any provision of this Agreement or to exercise any right or remedy arising out of this Agreement shall not be construed as a waiver of any right or remedy with respect to any existing or subsequent breach or default.

19.6 - Notices

Any and all written notices, communications, or payments shall be made to the respective parties at their addresses indicated in the first paragraph of this Agreement or at such other address as a party may indicate in a written notice to the other party to this Agreement.

19.7 - Governing Law

This Agreement shall be governed by the internal laws of the Commonwealth of Virginia and the parties hereto agree that the courts in the Commonwealth of Virginia shall have exclusive jurisdiction for any claims or disputes which may arise hereunder.

Questions should be directed to admin@digiserv.biz.

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