Cloud Web Hosting Terms of Service “TOS”
Agreeing to the 3digita Ltd TOS is mandatory for anyone who wishes to use any of our services. Please make sure you read everything.
This policy applies to all our domains and subdomains (for both self-hosted and managed services):
Note: Extreme levels of abuse or repeated violations of this agreement may result in the termination of email hosting services or your hosting domain.
3digita provides internet web hosting and associated services and maintains dedicated server computers, other equipment and software which is integrated with the internet. These servers send and receive data and information in relationship to the internet. Customers wish to utilize the hardware and software resources of 3digita to establish an internet web presence using 3digita’s web hosting services and network.
The Customer’s application and this Agreement constitute a legal and binding contract between 3digita and the Customer and does not extend to any other person or entity.
With respect to the services to be provided herein, the Customer acknowledges that 3digita makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that 3digita shall not be liable to the Customer for any claims, damages, or loss of profit which may be suffered by the Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of, or in relation to, the services provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.
The utilization of any data or information received by the Customer from the utilization of the service to be provided by 3digita is at the Customer’s sole and absolute risk. 3digita specifically disclaims and denies any responsibility for the completeness, accuracy, or quality of information obtained through the services to be provided hereby.
Payment is due according to the selected fee schedule following the establishment of the hosting service on the internet. Web space and services will automatically be billed one (1) month in advance according on the selected fee schedule associated with the web hosting plan. In the event that the Customer fails to pay for such services in advance, 3digita shall be entitled to suspend the Customer’s service without notice until payment is made. If the account is delinquent for another billing cycle, then it will be deactived, which will result in all files and email being deleted from the server.
A US$25.00 service fee will apply to each credit card chargeback (multiple chargebacks will each be billed $25.00 each). If a customer initiates a chargeback, then their account will be immediately suspended and the suspension will only be removed once the chargeback is reversed by the customer or the charges paid in full, including any chargeback fees.
The customer will continue to be billed until the customer cancels their hosting account by filling out our Web Hosting Cancellation Form. 3digita will not deactivate hosting for a domain without a completed cancellation form. The customer is liable for all services rendered and billed up until the time that the account is canceled. Hosting charges are not pro-rated when an account is canceled. As long as the cancellation form is completed prior to the first of the next month, the customer will not be billed beyond the current month. Please refer to our Web Hosting Cancellation Form for additional information related to domain hosting deactivation.
Please see our Acceptable Use Policy (AUP)
Unilateral Service Revocation
In the event that 3digita may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, 3digita may immediately discontinue such service to the Customer without liability. This will include failure to pay, illegal activities and/or unsolicited email.
The Customer shall indemnify and hold harmless 3digita from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses that may be initiated against 3digita and 3digita’s officers, directors, and employees for any service provided to Customer by 3digita to include web space content that violates any copyright, proprietary right of any person, state
and federal regulations, or contains any matter that is libelous or scandalous.
Changes in Terms of Agreement
3digita reserves the right to make changes to the terms and conditions of this Agreement at any time to include service pricing, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has paid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).
Entire Agreement and Understanding
This document and services constitute the entire Agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
The parties here to are independent entities and nothing contained in this Agreement shall be construed to constitute Customer an agent, employee, partner, independent contractor, joint venturer, or any other similar entity.
This Agreement shall be governed by the laws the United States of America. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.
In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.
Customer acknowledges that any information not generally known by, or disclosed to the public, to include but not be limited to computer programs, source code, algorithms and inventions are the property of 3digita and may not be utilized or released without the express written permission of 3digita.
The format, words and phrases used herein shall have the meaning generally understood in the telecommunications/software/internet industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party.