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Terms of Service

 

1. TERMS OF SERVICE
Digital Deviance Design Group, hereinafter called Digital Deviance reserves the right to suspend or cancel a client's access to any or all services provided by Digital Deviance when Digital Deviance deems that the account has been inappropriately used or is in violation to any or all the terms outlined within this terms of service agreement.


2. ADVERTISING USE
All services provided by Digital Deviance may only be used for lawful purposes. It will be deemed that the client has secured permissions to use trademarked material or copyrighted images for the purpose of advertising on their web page. We may at our discretion request this permission in writing from the rightful owner of such material. Should it be determined that such permissions are not in place, Digital Deviance will suspend the client’s webpage until such time as these permissions are presented. Transmission, storage, or presentation of any information, data or material in violation of any Canadian, Provincial or local law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, and material we judge to be threatening or obscene. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Digital Deviances servers. Links to such materials are also prohibited. Any illegal activity, including illegal adult content, links to illegal adult content web sites, spamming, cracking or hacking will result in your site being shut down and all your files deleted without warning. Adult content is not allowed. Digital Deviance will be the sole arbiter as to what constitutes a violation of this provision.

3 . CONTENT
The Digital Deviance web site may contain text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by us or by third parties ("Content"). Such Content is for your reference only and should not be relied upon by you for any purpose. The Content may not be copied, duplicated, distributed, downloaded, sold or otherwise exploited by you in any way, except as agreed to in writing by us. Digital Deviance is not responsible for the Content's accuracy and reliability.


4 . LINKS AND ADVERTISING
From time to time, the Digital Deviance web site will contain hyperlinks ("Links") to third party web sites and/or banner advertising and/or sponsorships operated by or referring to third parties and their goods and services ("Advertising"). Such Links and Advertising are for your reference only, and we neither control such linked web sites or Advertising nor are we liable or responsible for their content. (Please view our Privacy Policy). Display of such Links or Advertising on the Digital Deviance web site does not imply or express any endorsement by us or any individuals or entities referred to in the Content on such linked web sites, or of such Links or Advertising, or any association with their operators. You may direct any comments or concerns that you may have regarding any such Links or Advertising on the Digital Deviance web site to us, by emailing our account. The user is solely responsible for any charges or obligations that may be incurred as a result of any dealings with such web site operators or advertisers. Other web sites may also have a link to the Digital Deviance web site posted on their web site; you hereby acknowledge and agree that we are not responsible for the content of any such web site or the actions of any operator of any such web site.

5 . COPYRIGHTS, TRADEMARKS AND SERVICE MARKS
The Digital Deviance web site and all materials on this web site including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the "Intellectual Property") are or may be protected under Canadian and worldwide copyrights which are owned or licensed, in whole or in part, by us or otherwise used with permission of their respective owners. Intellectual Property or any third party trademarks, service marks, or copyrights may not be manipulated, edited, reproduced, performed, republished, uploaded to or downloaded from, posted, transmitted, sold, transferred or otherwise distributed or exploited in any manner whatsoever from the Digital Deviance web site or any other web site created, owned or operated by us without our prior written consent, which may be withheld in our sole discretion. Any manipulation of the Digital Deviance web site or any portion thereof, or use of any of the foregoing for any other purpose constitutes an infringement of our copyrights, trademark rights or property and proprietary rights, or of the respective owners of such Intellectual Property. Any use of any portion of a Digital Deviance web site on any other web site or other networked computer environment is prohibited without our prior written consent, which may be withheld in our sole discretion. You represent you are the sole author and proprietor of any information or ideas that you submit to us, and that no information or ideas submitted by you has been registered for copyright protection in any jurisdiction or has been previously published in any form. If you know or become aware that any information or ideas on a Digital Deviance web site submitted by any other user is protected by intellectual property laws, you agree to promptly give us notice of such infringement by emailing our account.

6. ACCEPTABLE USE
Digital Deviance does not condone the use of porn, hate, or anything that Digital Deviance would deem unethical or of poor taste. Should Digital Deviance find any content or links, to sites of this nature, Digital Deviance will remove the users hosting privileges immediately and ban them from using this site again.

7. PAYMENT POLICIES
All accounts are set up on a prepay basis. Digital Deviance reserves the right to change prices of accounts or services at any time. Prepayment is due every anniversary month or year following the date the account was established and how the account was originally set up for billing. Clients will automatically be charged at this time unless email cancellation request has been confirmed by Digital Deviance. Cancellation requests must be sent to the account at least fourteen (14) business days prior to your next billing date. In situations where the card number on file is declined or a received cheque is returned NSF, Digital Deviance will immediately suspend services until the outstanding charge is processed successfully. In addition, Digital Deviance reserves the right to suspend other services until the outstanding debt is cleared. The client is responsible for all money owed on the account from the time it was established to the time that the client sends an emailed cancellation request. All invoices will be sent via Canada Post to the mailing address provided.


8. CANCELLATION AND REFUNDS
Digital Deviance reserves the right to cancel a client’s account at any time, if it is found that the client contravened Digital Deviances terms of service. The clients account will be terminated immediately, and a refund will not be provided. Clients may cancel their account at any time. We provide a 30 day money back guarantee on all our hosting plans. If a client cancels during the initial 30 days, the client will receive a full refund of all hosting charges and all setup charges, less any design and creation charges. There are no refunds for clients after the initial 30 days; we do not provide pro-rata refunds.


9. INDEMNIFICATION
Client agrees to use all Digital Deviance services and facilities at their own risk. Client agrees that it shall defend, indemnify, save and hold Digital Deviance harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Digital Deviance, its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product/service sold by client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Digital Deviance against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Digital Deviance servers; (2) any material supplied by client infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products/services sold to client from Digital Deviance.


10. SPAM POLICY
Digital Deviance has a zero tolerance to Spam. Under this policy, we prohibit Spam, or any unsolicited commercial email (UCE), or unsolicited bulk email (UBE) from being sent over the Digital Deviance network, by clients or any other users of the Digital Deviance network. We reserve the right to terminate the services, without prior notice, of any client disregarding this policy. Sending unsolicited commercial email (spam), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to a Digital Deviance email address or web site URL is prohibited. The use of Digital Deviance networks as a mail drop for responses to activities described above is also prohibited. If you have any complaints or comments regarding spam on our network, please email them to our


11. DISCLAIMER
Digital Deviance will not be responsible for any damages your business may suffer, be it direct, indirect or consequential. Digital Deviance makes no warranties of any kind, expressed or implied for services we provide other than what's stiplulated within this agreement. Digital Deviance disclaims any warranty or merchantability.


12. MISCELLANEOUS
This Agreement constitute the entire agreement between you and Digital Deviance and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Digital Deviance, with respect to the Digital Deviance website or any websites created by Digital Deviance. If any provision of the agreement is deemed invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in full force and effect. Any rights not expressly granted herein are reserved.

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