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Terms and Conditions

This is an agreement between you, the client, and Digmi, LLC, the provider. Digmi, LLC provides web hosting services which are governed by this Terms of Service.
Digmi, LLC services are available to individual consumers and businesses, howsoever, as an individual or a representative for your business you or your business must comply with our Terms of Service.

  1. Digmi, LLC will host an account for you, the purchaser (hereafter referred to as the "Account Holder") for the Account Holders chosen domain name for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. The contract will automatically renew at the end of The Term unless otherwise specified by the Account Holder. Once the account cancellation request is received and we process the request as per the account holders consent, the agreement between the Account Holder and Digmi, LLC is officially terminated. We reserve the right to remove the account from the web server at any time thereafter. Digmi, LLC will NOT host the site for any time period left once the cancellation request has been received and processed. It is the Account Holder's responsibility to make sure that they have access to all their files and relevant data before initiating the cancellation request. Digmi, LLC shall not be responsible for any loss of data once the account recurring billing has been cancelled.

  2. Digmi, LLC's services are provided on an 'as-is' basis and without warranties of any kind, either express or implied, including but not limited to warranties of availability, merchantability or fitness for a particular purpose. Digmi, LLC expressly disclaims any representation that Digmi, LLC services will be error-free, secure or uninterrupted. No spoken or written information by Digmi, LLC, it's employees or it's stakeholders will create a warranty nor should you rely on any such information or advice. The terms of this Section (Section 2) will survive any termination of this Agreement.

  3. The web hosting and reseller hosting account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. The intent of Digmi, LLC is to provide space to serve web documents, not as an off- site storage area for electronic files and is governed by our Disk Usage Provision policy. Violations of these or any other provisions of this Agreement may result in termination of the services provided by Digmi, LLC, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Digmi, LLC based upon the severity of the violation. Digmi, LLC reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of Digmi, LLC's then current Acceptable Use Policy, in the sole and absolute opinion of Digmi, LLC. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless Digmi, LLC from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by Digmi, LLC, (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this Section (Section 3) will survive any termination of this Agreement.

  4. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that Digmi, LLC reserves the right to change the specified rates and charges from time to time.

  5. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. Digmi, LLC will not change passwords to any account without proof of identification, which is satisfactory to Digmi, LLC, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that Digmi, LLC will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Digmi, LLC be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Digmi, LLC from any and all Claims arising from such ownership disputes. The terms of this Section (Section 5) will survive any termination of this Agreement.

  6. The Account Holder agrees not to harm Digmi, LLC, its reputation, computer systems, programming and/or other persons using Digmi, LLC's services. Digmi, LLC reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by Digmi, LLC are provided on a shared server. In order to keep our servers running at optimal levels, any sites running a process that requires more than 8MB of memory, more than 30 CPU seconds, or uses more than 10% of all available system resources at any time will be required to move up to an Intense Hosting or dedicated solution, or to be hosted elsewhere. In the interests of server performance, Digmi, LLC reserves the right to suspend services until a solution is found. If the Account Holder refuses to comply with this Section, then Digmi, LLC has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless Digmi, LLC and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by Digmi, LLC The terms of this Section (Section 6) will survive any termination of this Agreement.

  7. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Digmi, LLC.

  8. If the Account Holder sells or resells advertising or web space to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. Digmi, LLC has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Digmi, LLC.

  9. Account Holder is responsible to monitor all domain transfers, renewal and orders. In the event that an error occurs the account holder must notify Digmi, LLC immediately of the error. In no event shall Digmi, LLC be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.

  10. Digmi, LLC's 'Free Domain for Life' service offers the Account Holder a free domain name for the active life of the web hosting or reseller account. The domain name is registered under Digmi, LLC's name on behalf of our clients. Digmi, LLC uses whoisguard on all domain names however we can replace it with client's contact information on request. This domain is managed by Digmi, LLC on behalf of the Account Holder. Should the client cancel their account, this domain may be kept active for the fee of $15 US dollars per year. The Account Holder may transfer the domain name to an alternative domain registrar for the one-time fee of $15 US dollars. Important: Domain extension *.co.uk* is not applicable to silver hosting plan. Co.uk extension would be taken as two domains since it requires a 2 year registration term with our registrar. .US and .CO.UK are the only two country extensions supported for free domain registrations. Domain registrations are offered on yearly payments only regardless of the web hosting plan. For budget hosting plans if you choose to pay for 12 months, we can only register 5 new domain names for you over the course of 5 months with each new domain name registered every 30 days. For yearly reseller plans we can register up to 5 new domain names per month depending upon the type of reseller hosting package. These rules are in place to prevent the abuse of our free domain registration offer. Please email our sales department should you have any confusion regarding this promotion.

  11. Account Holders can receive a refund if account is cancelled within the initial 30 days after sign up. If the account holder cancels after the time period specified, there will be no refund given. We will deduct 5.5% of the total amount (billing processor fee) + $2 (credit card processing fee) before initiating the refund. Refunds do NOT apply to dedicated servers, dedicated IP addresses, SSL certificates or domain registration related fees. Important: If the client cancels within the first 30 days and has registered new domain names with us during this time period, Digmi, LLC will charge the client $8.88 one time per domain name if he/she does not wish to continue with the domain name transfer ($15 per transfer). This is to prevent abuse of our free domain name(s) service.