Legal

The following terms of service agreement (as amended, modified or supplemented from time to time by Digital Stronghold, "Terms of Service" or "Agreement") govern the provision by Digital Stronghold to the customer executing this online transaction ("Client"), of the products and services described in the Order Form submitted in connection with this online transaction. By submitting an Order Form online or by using Digital Stronghold products or services, the Client hereby agrees to the terms and conditions of these Terms of Service. If one or more of the provisions contained in these Terms of Service are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected.

Acceptable Use Policy. All services provided by Digital Stronghold may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States law is prohibited. Any deliberate attempt to cause damage to Digital Stronghold or any other Internet server will result in immediate account deactivation without prior notice.

Digital Stronghold further prohibits:

1. Content that facilitates in identity theft, credit card fraud, impersonation of legitimate sites (a.k.a "phishing"), or any other type of fraud;
2. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an email address or URL hosted by Digital Stronghold, or the use of Digital Stronghold as a mail drop for responses to these activities;
3. Trademark and patent violations or distributing copyrighted material, intellectual property, or material protected by trade secret and other statutes without proper authorization, including but not limited to software, music, movies and television programs without the legal right for distribution;
4. Running of any CGI script or other software that affects normal server operation including but not limited to IRCd, eggdrop, or any other resource intensive scripts, programs, or bots;
5. Hosting or distribution of cracks or serial numbers for commercial software;
6. Pornography of any kind.

Any client violating the above policy may have their service suspended or terminated without notice or refund and will be subject to a $100 clean-up fee and/or damages if they are deemed to be unresponsive to our requests to cease and desist. Digital Stronghold is the sole arbiter as to what constitutes a violation of this provision.

We will not generally suspend an account due to a single violation. As a web host, we understand that clients may not have full control of their users and we will first attempt to work with the Client to resolve the situation. If the problem persists or there is no cooperation, service will be suspended and the above charges applied.

Maintenance: The Client hereby acknowledges that Digital Stronghold may, from time to time, perform maintenance on Digital Stronghold services, with or without notice to the Client, which may result in the short term unavailability of Digital Stronghold services. This maintenance is for the purpose of upgrading important software and increasing the stability and security of the services. It is the Client's responsibility to upkeep or perform maintenance on their sites and scripts to provide compatibility with newer versions of server software that is the result of such maintenance. Downtime or unavailability resulting from maintenance of Digital Stronghold services shall not qualify the Client for any refunds or credits.

Account Cancellation. Service may be canceled at anytime prior to the Client's next billing cycle for all accounts excepting dedicated server accounts. For dedicated services, notification of cancellation must be received at least 10 business days prior to the day of the month the Client signed up on to avoid charges in full for the next billing cycle. Dedicated servers cannot be canceled during procurement unless the procurement is not completed within our normally allowed 7 business days. If the client has a balance due at the time of cancellation, this balance must be paid in full.

If the Client has not received email confirmation of a service cancellation then the client will continue to be invoiced. It is the Client's responsibility to secure email confirmation from Digital Stronghold that a service has been cancelled.

Warranty and Liability. The Client agrees to use all Digital Stronghold products and services at their own risk. Digital Stronghold specifically disclaims all warranties of merchantability and fitness for a particular purpose. Digital Stronghold does not warrant that any of its products or services will meet the Client's expectations of site traffic or resulting business.

In no event will Digital Stronghold be liable to the Client or any third party for any damages including but not limited to any lost profits, lost revenue, lost savings or other indirect, incidental, consequential or special damages arising out of the use of the products or services by the Client or any third party, even if Digital Stronghold has been advised of the possibility of such damages. Digital Stronghold shall not be liable for any loss of data resulting from delays, non-deliveries, misdelivery or service interruptions. No guarantees are made of any kind, either expressed or implied, as to the integrity of our backups. It is the clients' responsibility to maintain local copies of their content and other stored information.

Indemnification. The Client agrees that it shall defend, indemnify, save and hold Digital Stronghold harmless from any and all demands, damages, liabilities, penalties, actions, proceedings, judgments, losses, costs and claims, including reasonable attorney's fees asserted against Digital Stronghold, its agents, its customers, officers and employees that may arise or result from any:

1. Service provided or performed or agreed to be performed or any product or any defective product sold by the Client, its agents, employees or assigns;
2. Injury to person or property caused by any products sold or otherwise distributed in connection with the Client, its agents, employees or assigns;
3. Breach of any confidentiality obligation, alleged infringement of any trademark, copyright, patent or other intellectual property right by the Client, its agents, employees or assigns.

Domain Name Dispute Resolution. All applicable rules of domain governance are set forth by the "Trustee Authorities" (such as ICANN) and the "Registries" (such as Verisign) in charge of managing each respective TLD at the international level. These entities establish the assignment, management, modification rules, and dispute settlement of domain names, to which all accredited Registrars must comply.

By registering a domain name, the Client acknowledges being aware of the rules and policies specific to the domain's TLD and agree that Digital Stronghold, or the Trustee Authorities, or the Registries shall intervene over the Client's domain name in accordance with these rules and policies. These policies and rules do not hinder the application of common law regulations of appropriate judicial or arbitral jurisdictions that shall remain applicable.

The Client expressly accepts that any dispute relative to the choice, ownership or use of the domain name shall be under the jurisdiction of:

• either an arbitration panel or a commission accredited by the Trustee Authority of the TLD concerned, or
• the Courts with jurisdiction over Digital Stronghold headquarters, or
• Courts with jurisdiction over the Client's residence address.

The Client further agrees that if Digital Stronghold is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by the Client using Digital Stronghold, that Digital Stronghold, in its sole discretion, may take whatever action it deems necessary regarding further modification, assignment of and/or control of the domain name to comply with the actions or requirements of the governmental, administrative or judicial body.

Governing Law, Jurisdiction, and Venue. The Client agrees to abide by all local, state, and federal laws pursuant to services delivered in Santa Monica, California, United States of America. Where no amicable solution can be found, any dispute concerning the validity, interpretation or execution of this agreement shall be governed by, construed and enforced exclusively in accordance with the laws of the State of California, in the Courts with jurisdiction over Digital Stronghold headquarters. Each party irrevocably consents to the foregoing jurisdiction and venue requirements and waives any and all objections to such requirements.

Termination. Digital Stronghold reserves the right to immediately terminate this agreement without prior notice or refuse service at any time, without liability for any reason not prohibited by law.

Last Updated: July 1, 2009