policies are intended for all domains residing on our
servers. By using our webhosting services, you agree
to comply with our policies. DigitalNuance has a zero-tolerance
policy with regard to all unacceptable content or behavior
and no exceptions will be made to these policies.
The client must be 18 years of age to obtain our services.
If you are under the age of 18, you must have a parent
or legal guardian obtain services for you.
Content and Use of our Services:
DigitalNuance's services may be used for lawful purposes
only. Transmission, distribution or storage of any material
in violation of any applicable laws or regulations are
prohibited. Linking to illegal material is also prohibited.
of illegal, unacceptable content, links and behaviors
include but are not limited to:
software or pirating (distributing copyrighted material
in violation of copyright law, specifically MP3s,
MPEG's, ROMs, and ROM emulators)
programs or archives
and sex-related merchandising; trafficking in obscene
material; sending a message or having content that
is obscene, lewd, lascivious, filthy, or indecent
with intent to annoy, abuse, threaten, or harass another
bodily harm or damage to individuals or groups
U.S. export restrictions
- sending unsolicited advertising to those with which
the customer has no existing business relationship,
posting off-topic advertising in newsgroups
- using a return email address which is not the valid
reply address of the sender or sending an email message
which does not contain enough information to enable
the recipient to identify the party who is really
sending the message
- posting controversial messages in newsgroups to
- inundating a user with email without any serious
intent to correspond
someone else to an electronic mailing list without
that person's permission
of mass emailing programs
broadcast messages or any message sent on an intrusive
basis to any directly or indirectly attached network
to circumvent any user authentication or security
of host, network, or account
data not intended for user
the security of any network
bots such as eggdrop or BitchX
Or violating other state or federal laws, including
the Electronic Communications Privacy Act, the Computer
Fraud and Abuse Act, and the Economic Espionage Act.
In addition, we do not allow any of the following without
prior written permission from DigitalNuance:
Rooms - we will allow certain types of chat rooms,
but you must obtain written authorization from us
prior to installing or running any chat rooms (Chat
room that comes with hosting plans is allowed without
permission as it's part of the hosting).
programs in the background on our servers without
prior written authorization.
Relay Chat - IRC bots - We do not allow IRC or IRC
bots to be operated on our servers.
Any violation of these policies will result in immediate
account termination or suspension without prior notification
and without any refunds. Any client who violates our
policies will be held responsible for any and all damages
to DigitalNuance and may be charged a fee for any necessary
repairs or clean ups.
The client is responsible for all activity originating
from the account unless proven to be a victim of outside
hacking or address forgery.
client is responsible for securing their username/password.
client should have the necessary knowledge to create
and maintain their web space.
is the client's responsibility to maintain local copies
of their website content. DigitalNuance is not responsible
for loss of website files, data, information, et cetera.
*Although DigitalNuance backs up the servers on a daily
basis, we strongly recommend that you maintain an up
to date backup on your own computer anytime that you
update or change your website. The backups we make are
system wide and are geared more toward recovering an
entire server rather than a specific domain on that
server. Although we utilize high quality software, nothing
is ever guaranteed. Therefore we can not guarantee the
quality of a recovery, system wide or individual recoveries.
So please remember to back up your site frequently.
loss of data occurs due to an error of DigitalNuance,
we will attempt to recover the data at no charge to
the client. If data loss occurs due to negligence of
client in securing their account or by an action of
the client, DigitalNuance will attempt to recover the
data from the most recent archive for a $125.00 fee.
All accounts are set up on a prepay basis. All pricing
is guaranteed for the term of prepayment. DigitalNuance
reserves the right to change prices at any time, unless
other terms have been agreed upon.
refunds are given to customers who cancel their account
prior to the end of the contractual agreement period
for remaining services (Not including the 15 day money
back guarantee). All services are contracted monthly,
quarterly, semi-annual, and annually and are considered
a single purchase for services for a specified period
and not divisible outside of the initial contractual
pricing is in US funds. We accept Visa, Mastercard,
Discover, and American Express through Paypal.
accounts are billed automatically on the anniversary
of their sign up date. Which means if you signed up
on May 5 as a monthly hosting client, your account will
be due on June 5th.
account not brought current within five (5 days) is
subject to suspension unless prior arrangements have
been made. The customer is responsible for all money
owed on the account from the time it was established
to the time that the customer notifies DigitalNuance
in writing for a request for termination of services.
Reactivation of a suspended account incurs a reactivation
fee of $50.00. If you are suspended more than twice,
you will be required to pay bi-annually before your
site is reinstated.
past due accounts will be placed with collections and
any additional fees will be the responsibility of the
client and may be reported to the appropriate credit
reporting agencies if left uncollected.
Day Money Back Guarantee:
If for any reason you are not completely satisfied with
our service we offer a no risk guarantee for all monthly
hosting plans. If you are not satisfied we will refund
your first month's hosting fees according to our refund
refunds are available after 15 days. All cancellation
request must be made according to our cancellation policy.
Phone, regular mail and email requests will not constitute
acceptance of any cancellation.
refunds will be made by check within 30 days of receipt
accounts terminated by DigitalNuance for violation of
our policies does not qualify for the 15 day money back
Questions Regarding Charges on Credit Card Statement:
If you have a question about charges made to your account,
please contact us immediately. If the charges were made
in error, we will immediately credit your account or
credit card account for the appropriate amount. If you
dispute the credit card charge that we charge for our
services, we reserve the right to suspend your account
as soon as we are informed of it. Undeserved chargebacks
for services received are considered theft and it hurts
businesses and raises prices for consumers.
do not request chargebacks until you have spoken with
our billing department. If the charges were not made
in error and fall within our policies, any chargebacks
will be considered nonpayment and your account will
be immediately suspended and turned over to our collection
agency. There is a $50.00 fee for chargebacks. If our
collection efforts fail, unpaid debts WILL be reported
to all available credit reporting agencies and HostAbuse.com.
Due to security concerns, ALL account cancellations
MUST be done via our cancellation form in our Support
Area, and must be received at least five (5) business
days prior to your billing date. Phone, regular mail
and email requests will not constitute acceptance of
receipt of proper cancellation notification, DigitalNuance
will cancel said account within (3) business days unless
other arrangements are made and all credit card charges
or billing will cease immediately.
the account has a balance due at the time of cancellation,
this balance must be paid in full. Cancellation does
not absolve the account holder of any outstanding financial
services are independent of account usage and domain
name records, and are still in effect whether the account
holder's domain is pointing to DigitalNuance's nameserver
or to some other nameserver. If the account holder transfers
a domain without properly notifying DigitalNuance, they
will continue to be charged/billed until the cancellation
guidelines have been followed. In other words, until
you have notified DigitalNuance of your cancellation,
we are still providing your account with our services
and you will be billed for same.
you have any questions regarding this policy, please
contact our Billing Department.
DigitalNuance shall not be responsible for any claimed
damages, including incidental and consequential damages,
which may arise from DigitalNuance's servers going off-line
or being unavailable for any reason whatsoever. Further,
DigitalNuance shall not be responsible for any claimed
damages, including incidental or consequential damages,
resulting from the corruption or deletion of any web
site from one of DigitalNuance’s servers. All
damages shall be limited to the immediate termination
shall be the sole arbiter of what is and is not a violation
of these acceptable use policies. DigitalNuance reserves
the right to terminate an account at any time and for
any reason that causes harm to any DigitalNuance customer's
web sites. DigitalNuance reserves the right to delete
all content and files upon termination. DigitalNuance
reserves the right to withhold any prepaid funds for
any site removed for violations of these policies. DigitalNuance
reserves the right to refuse, cancel, or suspend service
at our sole discretion.
reserves the right to change these Policies without
prior notice or warning. Non-enforcement of any part
of these Policies does not constitute consent.
of these Policies should be referred to DigitalNuance.
All complaints will be investigated promptly.