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  • Personalized Email Forwarding
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Hosting Service Agreement

This Web Site and Virtual Dedicated Server Service Agreement ("Agreement") is by and between Digihaven.com, ("Digihaven"), and you, your heirs, assigns, agents and contractors ("You") and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Digihaven's Web Site and Virtual Dedicated Server services (collectively, the "Services") and represents the entire agreement between You and Digihaven. By using the Services, You acknowledge You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, including the Universal Terms of Service which Digihaven may establish from time to time.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Digihaven, whether or not the transactions were in Your behalf. In the event You are using ad-supported hosting, You further acknowledge and agree that as adequate consideration for Digihaven providing You with the Services at no cost to You, Digihaven shall have the right to place certain advertisements on Your web site. The advertisements shall be based upon the content of Your web site and may include, but are not limited to, advertisements of Your competitors. If You do not desire such advertisements to be placed on Your web site, then You may purchase the Services at Digihaven's then current rates.

1. Description of Service

Digihaven currently provides the Services to its customers for a monthly fee. Digihaven will host Your web site on Digihaven's servers, provided, however, You abide by the terms and conditions set forth herein and in each of Digihaven's policies and procedures.

License of Your Web Site Content

Digihaven grants to You, and You accept from Digihaven, a non-exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the Internet Your web site content in connection with Digihaven's performance or enforcement of this Agreement.

Availability of Services

Subject to the terms and conditions of this Agreement, Digihaven shall attempt to provide the Services for twenty-four (24) hours per day, seven (7) days per week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation:

  1. equipment malfunctions;
  2. periodic maintenance procedures or repairs that Digihaven may undertake from time to time; or
  3. causes beyond the control of Digihaven or that are not reasonably foreseeable by Digihaven, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.

You agree Digihaven has no control of availability of the Services on a continuous or uninterrupted basis.

You further agree that as a normal course of its business, it may be necessary for Digihaven to migrate its servers. As a result, even though You may have a dedicated IP, You may be assigned a different IP number. Digihaven does not warrant that You will be able to consistently maintain Your given IP numbers.

Service Availability Guarantee

Digihaven offers a service uptime guarantee for the Services of 99.9% ("Service Uptime") of available time. If Digihaven fails to maintain this level of service availability, You may contact Digihaven and request a credit of 5% of Your monthly hosting fee from Digihaven for that month. The credit may be used only for the purchase of further products and services from Digihaven, and is exclusive of any applicable taxes. The credit does not apply to service interruptions caused by:

  1. periodic scheduled maintenance or repairs Digihaven may undertake from time to time;
  2. errors caused by You from custom scripting or coding;
  3. outages that do not affect the appearance of the web site but merely affect access to the web site such as FTP and email;
  4. causes beyond the control of Digihaven or that are not reasonably foreseeable by Digihaven ; and
  5. outages related to the reliability of certain programming environments.

Total Service Uptime shall be solely determined by Digihaven and shall be calculated on a monthly basis.

Web Site Content

You shall be solely responsible for providing, updating, uploading and maintaining Your web site and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Services. Notwithstanding anything in this Agreement to the contrary, in the event You are using ad-supported hosting, in no event shall Your web site consist of the following: search results, registration, "thank you", error, email or chat pages, pages comprised primarily of other advertising or pages containing any of the following types of content:

  1. pornographic, obscene or excessively profane content;
  2. content intended to advocate or advance computer hacking or cracking;
  3. gambling;
  4. illegal activity;
  5. drug paraphernalia; or
  6. hate, violence or racial or ethnic intolerance.

Information Shared with Partners

As a condition of purchasing and using the Services, You acknowledge and agree Digihaven may provide Your personal information to their partners, as required to provide the plans for which You are purchasing.

2. Your Obligations

You acknowledge and agree Digihaven shall have the right to seek justification in connection with Your use of the Services, specifically Your purchase of IP addresses, and You shall be obligated to provide any and all information reasonably sought by Digihaven pursuant to such justification. You acknowledge and agree You are required to begin using at least ninety percent (90%) of Your purchased IP addresses within thirty (30) days of assignment of such IP addresses to You. In the event You do not begin using at least ninety percent (90%) of Your assigned IP addresses, You acknowledge and agree Digihaven shall have the right to reclaim any unused IP addresses after the expiration of such thirty (30) day period. In connection with such purchase, You acknowledge and agree that Your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the Whois database.

Upon the expiration of Your initial hosting service term, Your hosting service shall automatically renew for the same period of time and Your payment method shall be charged for the renewal term on the renewal date. You acknowledge and agree that in the event You do not desire to automatically renew Your hosting services for the same period of time, it is Your responsibility and obligation to access Your Account Manager and manually turn off the default renewal and Your failure to access Your Account Manager and manually select to renew on a month-to-month basis shall be deemed acceptance of the renewal term.

You represent and warrant to Digihaven that:

  1. Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation;
  2. infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and
  3. that You own Your web site content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your web site.

You also warrant that the web site being hosted by Digihaven will not be used in connection with any illegal activity. If You are hosting Your web site on Digihaven's servers, You are responsible for ensuring there is no excessive overloading on Digihaven's DNS or servers. In the event You exceed Your allotted bandwidth, compute cycles or disk space and thereby overload Digihaven's DNS or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use Digihaven's servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Digihaven reserves the right to remove sites containing information about hacking or links to such information. Use of Your web site as an anonymous gateway is prohibited. Digihaven prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Digihaven. You agree Digihaven reserves the right to remove Your web site temporarily or permanently from its servers if Digihaven is the recipient of activities that threaten the stability of its network. Further, if You are using ad-supported hosting, You acknowledge and agree Digihaven has the right to terminate Your Services in its sole discretion and for any reason, including, but not limited to, Your failure or unwillingness to comply with the terms and limitations of this Agreement, specifically, the content and material restrictions set forth in this Agreement. You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to:

  1. disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email, or unreasonably large volumes of email on a daily basis, provided, Digihaven, in its sole discretion, may permit You, if You have a legitimate purpose and after request, to send more email than Digihaven's standard SMTP relay limit;
  2. disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
  3. disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
  4. create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication;
  5. export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the Canada and its agencies or authorities, or without all required approvals, licenses and/or exemptions;
  6. interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization;
  7. disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program;
  8. engage in any other activity deemed by Digihaven to be in conflict with the spirit or intent of this Agreement or any Digihaven policy; or
  9. use Your server as an "open relay" or similar purposes.

Digihaven prohibits the running of a public recursive DNS service on any Digihaven server. All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses. Digihaven actively scans for the presence of public DNS services and reserves the right to remove any servers from the network that violate this restriction.

Storage and Security

At all times, You shall bear full risk of loss and damage to Your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to:

  1. prevent any loss or damage to Your web site content;
  2. maintain independent archival and backup copies of Your web site content;
  3. ensure the security, confidentiality and integrity of all Your web site content transmitted through or stored on Digihaven servers; and
  4. ensure the confidentiality of Your password.

Digihaven's shared hosting servers are not an archive and Digihaven shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The Services are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be considered as one. Digihaven shall have no liability to You or any other person for Your use of the Services in violation of these terms. You shall at all times use the Services as a conventional and/or traditional web site. You shall not use the Service in any way, in Digihaven's sole discretion, that shall impair the functioning or operation of Digihaven's Services or equipment. Specifically by way of example and not as a limitation, You shall not use the Services as: (i) a repository or instrument for placing or storing archived files; and/or (ii) placing or storing material that can be downloaded through other web sites. You acknowledge and agree that Digihaven has the right to carry out a forensics examination in the event of a compromise to Your server or account.

If You purchase MS SQL or Managed Backups, You hereby authorize Digihaven to log into Your server for purposes of installing and configuring the software.

In the event You terminate, moving Your web site off of the Digihaven shared hosting servers is Your responsibility. Digihaven will not transfer or FTP Your web site to another provider. In the event Your use of the Services is terminated, Digihaven will not transfer or manage Your Services or Your web site content.

Digihaven's Rights

Digihaven explicitly reserves the right and sole discretion to:

  1. modify its pricing, if desired by Digihaven ;
  2. establish limits and guidelines concerning the use of the AS Services;
  3. terminate Your use of the AS Services for use of the AS Services to unnecessarily or illegally harass Digihaven or third parties, non-payment of fees for the AS Services, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the Canada and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Digihaven, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Digihaven determines, in its sole discretion, to be harmful to its other customers, operations, or reputation;
  4. terminate Your use of the AS Services if Your use of the AS Services results in, or is the subject of, legal action or threatened or proposed legal action, against Digihaven or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and
  5. terminate Your use of the AS Services at any time and for any reason if deemed reasonably necessary by Digihaven.

Digihaven has no obligation to monitor Your use of the AS Services, but reserves the right in its sole discretion to do so.

Charges for Custom AS Services

When Digihaven determines requested assistance falls out of the scope of the basic AS plan,charges shall apply for Your use in the form of Custom Support Services (hereinafter referred to as "CSS"), and Digihaven shall charge You for Your use of the CSS on a one (1) hour incremental basis. Furthermore, when Digihaven determines a fee will be assessed for Your use of the CSS, Digihaven reserves the right to charge any or all of the fees prior to the commencement of any work being performed.

Third-Party Software

Additionally, in the event You elect to install or seek assistance from Digihaven in connection with the installation of any third-party software, the following terms shall apply. You represent and warrant You have the right to use and install the third-party software, and have paid the applicable licensing fees for the third party software, and the third-party software does not and shall not infringe on the intellectual property rights of any other person or entity. You agree to defend, indemnify and hold harmless Digihaven and its employees, officers and directors for, from and against any and all claims brought against Digihaven and its employees, officers and directors by a third-party alleging the software infringes: (i) the third-party's rights; or (ii) a U.S. patent, trademark, copyright or other intellectual property right. You agree that in such an event You shall pay all resulting costs, damages, expenses and reasonable attorneys' fees that a court awards and settlements incurred by Digihaven in connection with any such claims.

If You purchase MS SQL or Managed Backups, You hereby authorize Digihaven to log into Your server for purposes of installing and configuring the software.

I, the assert that I have the authority to promise Digihaven may modify the terms of this agreement at any time at Digihaven's sole discretion. My continued usage of our Work indicates my acceptance of the new agreement. I assert that I have read, understood and agree to the Agreement