Dedicated & Virtual Private Servers - Terms of Service
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Access to the network and services of DigiServ™ Technologies cc, granted to the undersigned (the Customer) is subject to the following terms and conditions:

1. DigiServ™ Technologies cc's Liability

The DigiServ™ Technologies cc (DigiServ™ Technologies cc) makes no warranties of any kind, expressed or implied, for the service it is providing. DigiServ™ Technologies cc also disclaims any warranty of merchantability or fitness for a particular purpose. DigiServ™ Technologies cc will not be responsible for any damages the Customer may suffer. This includes loss of data resulting from delays, non deliveries, misdeliveries or service interruptions caused by the negligence of the Customer or of DigiServ™ Technologies cc, errors or omissions, or due to inadvertent release or disclosure of information sent by the Customer.

2. Content and Acceptable Use

DigiServ™ Technologies cc exercises no control over, and cannot be held liable for, the content of the information passed through its network. DigiServ™ Technologies cc's services may only be used for lawful purposes. Unauthorized transmission or storage of any information, data or materials in violation of any law or regulation of the United States, any state thereof or the Customer's business location is expressly prohibited. This includes, but is not limited to, material which is copyrighted or protected by trade secret. The Customer agrees to indemnify and hold harmless DigiServ™ Technologies cc from any claims (including DigiServ™ Technologies cc's attorney fees) resulting from the Customer's use of service which damages the Customer, or any other party or parties. The customer also understands that this product is not intended for hosting content of a mature nature. The Customer also agrees to follow the Acceptable Use Policies (AUP) of DigiServ™ Technologies cc, as now in existence and as they may be amended from time to time, displayed prominently in electronic form at http://www.digiserv.biz/legal/dedicated/aup.php, and incorporated herein by reference as if reprinted in full. The customer agrees, when accessing another network through DigiServ™ Technologies cc's network, to abide by the rules of that network as well.

3. Payment and Contingencies

Payment is due by the date indicated on the invoice. ANY CHANGES OR ALTERATIONS OF THIS SCHEDULE MUST BE SET FORTH IN WRITING AND SIGNED BY THE CLIENT AND BY AN AUTHORIZED REPRESENTATIVE OF DigiServ™ Technologies cc. Accounts are in default if not received by the due date indicated on the invoice. If the Customer fails to make payment by the date indicated on the invoice, or if payment is returned to DigiServ™ Technologies cc unpaid, Customer is immediately in default and subject to a returned payment charge of R500 (rand) from DigiServ™ Technologies cc. Accounts unpaid after the due date indicated on the invoice may have their service interrupted. Such interruptions do not relieve the Customer from the obligation to pay the monthly account charge. Accounts in default are subject to an interest charge of 5 percent per month, or the Customer's state's or country's legal maximum allowable rate, whichever is less. If the Customer defaults, the Customer agrees to pay DigiServ™ Technologies cc its reasonable expenses incurred in enforcing its rights under these terms and conditions, including attorney and collection agency fees. An act of default accelerates payments to be due immediately, as credit is no longer being extended.

4. Other Agreements and Assignment Rights

These terms and conditions supersede all previous representations, understandings or agreements, and shall prevail notwithstanding any variance with terms and conditions of any order submitted. DigiServ™ Technologies cc also reserves the right to use subcontractors of its choice or to assign the active account to another entity.

5. Determination of Outage Credits

An "outage" is defined as a disruption of normal network data throughput capacities, outside of reasonable and expected variances. An outage, for the purposes of "outage credits," may not include:

a. Normal periodic but scheduled maintenance time performed by DigiServ™ Technologies cc for the purposes of upgrading or maintaining its network.

b. Internet or network problems external to the DigiServ™ Technologies cc network and beyond its direct control.

c. Issues related to specific Internet Service Providers, Network Access Points (NAPs) or Internet Routes. These will be dealt with through the normal DigiServ™ Technologies cc Network Operations troubleshooting process and handled on an individual basis.

The Customer will pay 100 percent of the full monthly connection fee regardless of any "outage" time, unless the outage time meets the following criteria. If there is more than thirty (30) consecutive minutes of outage, or a total of sixty (60) minutes of outage time on any given day, the Customer will receive a credit on the Customer's bill equal to that day's fee, defined as the monthly fee divided by the number of days in the month in which the outage occurred.

6. Service Maintenance

a. Except as otherwise agreed, DigiServ™ Technologies cc shall exercise reasonable efforts to achieve restoration of service, in the case of an outage as above defined, as quickly as is feasible, provided the Customer expressly acknowledges that DigiServ™ Technologies cc is not, in the case of any outage of any length, liable for any restitution to the customer beyond the granting of outage credits as delineated above. If DigiServ™ Technologies cc investigates an outage at the Customer's request and determines the outage to be the responsibility of the Customer, the Customer may be billed for the DigiServ™ Technologies cc employee(s)' time at DigiServ™ Technologies cc's then-current rate.

b. DigiServ™ Technologies cc will provide a Support Centre responsible for monitoring DigiServ™ Technologies cc?s network on a 24-hour-per-day, 7-day-per-week basis. The services provided to the Customer by the Support Centre or any other DigiServ™ Technologies cc employee are subject to change at DigiServ™ Technologies cc?s discretion and without prior notice. Services provided by the Support Centre or any other DigiServ™ Technologies cc employee outside of their standard duties may be billed to the Customer at DigiServ™ Technologies cc's then-current rate. No DigiServ™ Technologies cc employee will perform services requiring billing beyond the monthly rate stipulated in the Customer's Service Agreement without the request or consent of the Customer or the Customer's authorized representative(s).

c. The Customer explicitly agrees that DigiServ™ Technologies cc may, without prior Customer approval, use any subcontractor that DigiServ™ Technologies cc chooses for installation, maintenance or other services under obligation to DigiServ™ Technologies cc under this agreement. Use of any subcontractor does not relieve DigiServ™ Technologies cc of any of its obligations as set forth in this Agreement.

7. No Liability or Right to Cancel for Acts or Omissions Beyond DigiServ™ Technologies cc's Control

DigiServ™ Technologies cc shall not be liable for, nor shall any customer be entitled to cancel its contract, because of any outage or downtime resulting from any failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood or other catastrophes; acts or omissions of third parties; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over DigiServ™ Technologies cc, or of any department, agency commission, bureau, corporation or other instrumentality of any one or more of these federal, state, or local governments, or any civil or military authority; national emergencies; insurrections; riots; wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labour difficulties.

8. Cancellation Procedures for Customers Within Right to Cancel

Customer explicitly agrees that while Customer has an active contract with DigiServ™ Technologies cc, Customer may not terminate its contract. Customer may cancel account once Customer's contract has lapsed by providing DigiServ™ Technologies cc thirty (30) days' written notice of service termination. Customer may provide this notice up to thirty (30) days prior to contract termination if Customer wishes to discontinue service when Customer's contract lapses. Without notice, DigiServ™ Technologies cc will consider Customer to be on a month-to-month contract extension.

Questions about these Terms and Conditions or other account matters should be directed to admin@digiserv.biz via electronic mail, or to the Client's Authorized DigiServ™ Technologies cc Account Manager.