G. DGTL.TECH's USE OF USER CONTENT
1. The provisions in this Section apply specifically to DGTL.TECH's use of User Content posted to DGTL.TECH's corporate websites (i.e., those sites which DGTL.TECH directly controls or maintains).
2. The applicable provisions are not intended to and do not affect transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.
3. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account and the consequences of, and requirements for, distributing it.
4. Concerning User Submissions, You acknowledge and agree that:
4.1. Your User Submissions are entirely voluntary.
4.2. Your User Submissions do not establish a confidential relationship or obligate DGTL.TECH to treat your User Submissions as confidential or secret.
4.3. DGTL.TECH has no obligation, either express or implied, to develop or use your User Submissions. No compensation is due to you or anyone else for any intentional or unintentional use of your User Submissions.
4.4. DGTL.TECH may be working on the same or similar content, it may already know of such content from other sources, it may only wish to develop this (or equivalent) content on its own, or it may have taken / will take some other action.
5. You are responsible for taking care of your Account and its safety.
6. It is Your responsibility to make backups regularly.
7. Users can order backups at the time of filling Services order (if such feature is included within the User's Service). In other cases, you may order backup service under the Service Upgrade procedure through your Account (if such procedure is available for the particular Service).
8. You are solely responsible for the preservation of your data. While the backups are being done by DGTL.TECH (if such feature is included within the User's Service), we do not guarantee full data safety and have no responsibility to preserve the data at all times. It is the User's responsibility to make backups of the information that is critical to him.
9. DGTL.TECH may not be held liable in any case of data loss.
10. You shall be solely responsible for undertaking measures to 10.1. prevent any loss or damage to your website or server content; 10.2. maintain independent archival and backup copies of your website or server content; and 10.3. ensure the security, confidentiality, and integrity of all your website or server content transmitted through or stored on our servers.
11. The Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and, therefore, should not be used or considered as one.
12. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our Services or equipment. Specifically, by way of example and not as a limitation, you shall not use the Services as: 12.1. a repository or instrument for placing or storing archived files; and/or 12.2. placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or Account.
13. DGTL.TECH shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or anyone else.
Concerning User Content (Other Than User Submissions)
14. If you have a website or other content hosted by DGTL.TECH, you shall retain all of your ownership or licensed rights in User Content.
15. By posting or publishing User Content to this Site or through the Services, you authorize DGTL.TECH uses the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement.
16. You hereby grant DGTL.TECH is a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, and display and perform your User Content in connection with this Site, the Services, and DGTL.TECH's (and DGTL.TECH's affiliates') business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and payment or other consideration of any kind, or permission or notification, to you or any third party.
17. You also hereby grant each User of this Site a non-exclusive license to access your User Content (except User Content that you designate "private" or "password protected") through this Site and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement.
18. The above licenses granted by you in your User Content terminate within a commercially reasonable time after removing or deleting your User Content from this Site.
19. You understand and agree, however, that DGTL.TECH may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted.
20. The above licenses granted by you in your User Content are perpetual and irrevocable, notwithstanding anything to the contrary contained herein, DGTL.TECH shall not use any User Content that has been designated "private" or "password protected" by you to promote this Site or DGTL.TECH's (or DGTL.TECH's affiliates') business(es).
H. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
1. DGTL.TECH generally does not pre-screen User Content (whether posted to a website hosted by DGTL.TECH or posted to this Site). However, DGTL.TECH reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement.
2. DGTL.TECH may remove any item of User Content (whether posted to a website hosted by DGTL.TECH or posted to this Site) and/or terminate a User's access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by DGTL.TECH in its sole and absolute discretion), at any time and without prior notice.
3. DGTL.TECH may also terminate a User's access to this Site or the Services found at this Site if DGTL.TECH has reason to believe the User is a repeat offender. If DGTL.TECH terminates your access to this Site or the Services found at this Site. In its sole and absolute discretion, DGTL.TECH may remove and destroy any data and files stored by you on its servers.
I. ADDITIONAL RESERVATION OF RIGHTS
1. DGTL.TECH expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by DGTL.TECH in its sole and absolute discretion), including but not limited to the following: 1.1. to correct mistakes made by DGTL.TECH in offering or delivering any Services (including any domain name registration), 1.2. to protect the integrity and stability of, and correct mistakes made by, any domain name registry, 1.2.3. to assist with our fraud and abuse detection and prevention efforts (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, 1.2.4. to comply with requests of law enforcement, including subpoena requests, 1.2.5. to comply with any dispute resolution process, 1.2.6. to defend any legal action or threatened legal action without considering whether such legal action or threatened legal action is eventually determined to be with or without merit, or 1.2.7. to avoid any civil or criminal liability on the part of DGTL.TECH, its officers, directors, employees, and agents, as well as DGTL.TECH's affiliates, including, but not limited to, instances where you have sued or threatened to sue DGTL.TECH.
2. DGTL.TECH expressly reserves the right to terminate, without notice to you, any and all Services wherein DGTL.TECH's sole discretion, you are harassing or threatening DGTL.TECH and/or any of DGTL.TECH's employees.
J. NO SPAM
1. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming.
2. Customers suspected to be using our products and services to send spam are thoroughly investigated. If we determine a problem with spam, we will take the appropriate action to resolve the situation.
3. We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE), or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following: 3.1. Email Messages; 3.2. Newsgroup postings; 3.3. Windows system messages; 3.4. Pop-up messages (aka "adware" or "spyware" messages); 3.5. Instant messages (using AOL, MSN, Yahoo, or other instant messenger programs); 3.6. Online chat room advertisements; 3.7. Guestbook or Website Forum postings; 3.8. Facsimile Solicitations; 3.9. Text/SMS Messages.
4. We will not allow our servers and services to be used for the purposes described above.
5. To use our products and Services, you must not only abide by all applicable laws and regulations, but you must also abide by this no spam policy.
6. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have "opted-in" to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
7. If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes, or other applicable Services until the customer responds.
8. The registrant or customer will be required to respond by email to us, stating that they will cease to send spam and/or have spam sent on their behalf.
9. If we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.
10. We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email email@example.com.
11. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.
K. TRADEMARK AND/OR COPYRIGHT CLAIMS
1. DGTL.TECH supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please notify us.
2. In case of copyright violation, DGTL.TECH acts as a mediator of the complaining party and the User if the User agrees to cooperate.
3. The copyright infringement report must contain (but is not limited to) the report's reasoning and direct links to the copyrighted material. If the copyright owner makes the report, it must contain evidence of copyright ownership.
4. DGTL.TECH reserves the right to request additional information to confirm the violation of the copyright policy.
L. LINKS TO THIRD-PARTY WEBSITES
1. This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by DGTL.TECH.
2. DGTL.TECH assumes no responsibility for any third-party websites' content, terms and conditions, privacy policies, or practices. Also, DGTL.TECH does not censor or edit the content of any third-party websites.
3. By using this Site or the Services found at this Site, you expressly release DGTL.TECH from any and all liability arising from your use of any third-party website. Accordingly, DGTL.TECH encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
M. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
1. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". DGTL.TECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DGTL.TECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND DGTL.TECH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY DGTL.TECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND FOR THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
2. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
N. LIMITATION OF LIABILITY
1. IN NO EVENT SHALL DGTL.TECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT DGTL.TECH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
3. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL DGTL.TECH'S TOTAL AGGREGATE LIABILITY EXCEED 6 MONTHS OF THE MONTHLY SERVICE FEE OR 10,000.00 EUR, WHICHEVER IS LESS.
4. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
You agree to protect, defend, indemnify and hold harmless DGTL.TECH and its officers, directors, employees, agents, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys' fees) imposed upon or incurred by DGTL.TECH directly or indirectly arising from:
I. your use of and access to this Site or the Services found at this Site;
II. your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or;
III. (your violation of any third-party right, including without limitation any intellectual property or another proprietary right. Under this section, the indemnification obligations shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.