D i g i t a l N u a n c e

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DigitalNuance's 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.

Your 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.

Examples of illegal, unacceptable content, links and behaviors include but are not limited to:

  • Pirated software or pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators)
  • Hacker programs or archives
  • Warez sites
  • Pornography 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 person
  • Schemes to defraud
  • Threatening bodily harm or damage to individuals or groups
  • Violating U.S. export restrictions
  • Stalking
  • Spamming - sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups
  • Spoofing - 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
  • Trolling - posting controversial messages in newsgroups to generate responses
  • Mailbombing - inundating a user with email without any serious intent to correspond
  • Subscribing someone else to an electronic mailing list without that person's permission
  • Distribution of mass emailing programs
  • Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network
  • Attempt to circumvent any user authentication or security of host, network, or account
  • Accessing data not intended for user
  • Probing the security of any network
  • Propagation of viruses
  • IRC 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:

  • Chat 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).
  • Running programs in the background on our servers without prior written authorization.
  • Internet 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.

Client Responsibility:
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery.

The client is responsible for securing their username/password.

Each client should have the necessary knowledge to create and maintain their web space.

It 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.

If 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.

Payment Policies:
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.

No 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 choice.

All pricing is in US funds. We accept Visa, Mastercard, Discover, and American Express through Paypal.

All 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.

Any 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.

All 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.

15 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 policy.

No 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.

All refunds will be made by check within 30 days of receipt of cancellation.

Any accounts terminated by DigitalNuance for violation of our policies does not qualify for the 15 day money back guarantee.

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.

Please 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.

Cancellation Policy:
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 any cancellation.

Upon 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.

If 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 obligations.

DigitalNuance's 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.

If you have any questions regarding this policy, please contact our Billing Department.

Limitation of Liability:
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 of service.

DigitalNuance 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.

DigitalNuance reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.

Violations of these Policies should be referred to DigitalNuance. All complaints will be investigated promptly.


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