Digitally Intuitive Gurus - Acceptable Use Policy

Acceptable Use Policies

Network Policies
At Digitally Intuitive Gurus Inc. a.k.a. techDIGITS or techdigits.com, we value our customers and wish to provide them with a positive experience. To offer you the best service possible, all customers need to follow the same rules and guidelines. These Acceptable Use Policies are intended to make techDIGITS' Service available to all our customers as consistently and efficiently as possible.

User-Supplied Content
All services may be used for lawful purposes only. Through techDIGITS' Service, you may have access to chat areas, bulletin boards, web pages, email, or other services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, infringing, or threatening content.

In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local law. You are solely responsible for the content you make accessible through the techDIGITS Network. You may not use the Service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations.

techDIGITS is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, excessively violent or otherwise objectionable, techDIGITS has the right, but not the obligation, to edit, remove or deny access to such content. techDIGITS may disclose any content or records concerning customer's account as required to satisfy any law, regulation, governmental request or court order.

Sites that promote any illegal activity or content that may be damaging to techDIGITS' servers or any other server on the Internet is strictly prohibited. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed. Below are some examples of non-acceptable content or links:

Pirated Software (Warez)
Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).

Copyright Violations
Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.

Hacking/Phreaking
Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet sites or providers.

Child Pornography
Includes sites with material, images, links, resources, articles, or stories which promote or depict children in "any" pornographic or nude state.

Network Security
Customers may not use the techDIGITS Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. techDIGITS will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

CGI Scripts
Each techDIGITS account comes fully equipped with its own pre-configured CGI-Bin. Customers are free to use any CGI-scripts provided with their account or add any additional ones they require. Any CGI-scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-script sharing with domains not hosted by techDIGITS is not allowed.

Chat Rooms
techDIGITS prohibits its customers from installing outside chat rooms on their domain, as these tend to be a resource problem. techDIGITS does provide its customers a choice of Java chat rooms to choose from for a nominal monthly charge. These chat rooms were designed to meet the growing needs of customers and function without hindering the performance of the servers for others.

Server Resources
Any web site that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.

Background Running Programs
Background daemons in general are prohibited. techDIGITS will consider requests on a per-application basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.

IRC
techDIGITS currently prohibits its customers from operating IRC or IRC Bots on any of the servers in the techDIGITS Network.

Commercial Advertising - Mass Mailings - SPAM - Reported AUP/TOS Violations
a. You must not use the techDIGITS Network, techDIGITS equipment or any techDIGITS email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages.

b. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above.

c. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the techDIGITS Network, techDIGITS equipment, techDIGITS servers, or any techDIGITS email address. This includes emails that are forwarded from a domain hosted on a techDIGITS server and forwarded to an external email account.

d. Any reports that techDIGITS receives as notices of a violation of another providers Acceptable Use Policy (AUP) or Terms of Service (TOS) which references your domain as originator, intermediary, or reply-to address in any of the above.

e. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message.

f. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

g. If you are found to have spammed as described above, without warning, techDIGITS reserves the right to disable your domain.

h. In addition, techDIGITS may impose a $125 penalty for each indivual complaint receive regarding a violation of our spam policy. techDIGITS solely reserves the right to refuse or cancel service to known spammers.

i. Lastly, techDIGITS reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Intellectual Property Rights
Material accessible to you through techDIGITS' Services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the techDIGITS Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the techDIGITS Network. If you use a domain name in connection with the techDIGITS Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Refusal of Service
Digitally Intuitive Gurus Inc. a.k.a. techDIGITS, techDIGITS.com or any web site produce by techDIGITS, reserves the right at its sole discretion to refuse or cancel service. Violation of any of techDIGITS' Acceptable Use Policies could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.

Service Cancellation
To authenticate a cancellation request, you must e-mail us at accounts@techdigits.com Subject - Account Cancellation. You may also mail the cancellation notice to Digitally Intuitive Gurus Inc. % Account Cancelations 1509 N Forest Ave., Orlando, Fl., 32803-2009. You must include your contact telephone number, account email address, account name, account password and the domain on which you want to cancel the hosting.

We cannot accept cancellation requests over the phone for security reasons.

Indemnification
Customer agrees that it will protect, indemnify, save and hold harmless Digitally Intuitive Gurus Inc. a.k.a. techDIGITS, techdigits.com, or any other website produced by techDIGITS.com from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against Digitally Intuitive Gurus Inc., its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold Digitally Intuitive Gurus Inc. harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with Digitally Intuitive Gurus Inc.'s Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from Digitally Intuitive Gurus Inc.'s Services.

Disclaimer
Digitally Intuitive Gurus Inc. will not be responsible for any damages your business may suffer. Digitally Intuitive Gurus Inc. makes no warranties of any kind, expressed or implied for services we provide. Digitally Intuitive Gurus Inc. disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Digitally Intuitive Gurus Inc. and its employees. Digitally Intuitive Gurus Inc. reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

techDIGITS furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, techDIGITS wishes to emphasize that in accepting services, customers indemnify techDIGITS for the violation of any law or techDIGITS policy, that results in loss to techDIGITS or the bringing of any claim against techDIGITS. This means that if techDIGITS is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against techDIGITS, plus costs and reasonable attorneys' fees.