Terms of Service

Here is the list of material that is strictly prohibited by Digits hosting.

A: Any material in any form (written, vocal, image, video) is illegal, threatening, defamatory , abusive, intimidating , fraudulent ,deceptive, harassing, degrading, invasive, racist, violate any religion, politically abusive ,insulting to any government or their officials (local or international),intuitive, criticizing and religion, customs, language and tradition of any country or state/ territory ,pornographic or explicit language, child abuse, inappropriate or suggestive and persuasive to any immoral or criminal activity.

B: Any material that infringes any trademark, copyright, proprietary rights , trade secret, patent rights of any company , corporation, organization , governmental or private.

C: Any material containing unauthorized and unsolicited advertising, impersonating any person, entity, government, institution, including digits hosting and its daughter websites, its employees, or representatives.

Digits hosting reserve the rights in its sole discretion to remove any material,content (in any form) that we feel is inappropriate, abusive, offensive, harmful, inaccurate, objectionable, or it violates third party copyrights or trademarks. We are not responsible or held responsible for any delay in removing such content but we will try to use our best effort and fair means in normal business manners to remove any content we feel is necessary to remove and you must agree your consent to such removal and consent to wave any claim against us.

7: We do not assume any liability for any activity performed under your account or any content (in any form) posted by you or under your account on any of our websites however digits hosting reserve the rights upon any content posted by you by using our open communication tools( provided that it does not violate any term of user agreement policy or infringe on third party copyrights or trademarks) becomes the property of digits hosting private limited and such content gives a perpetual ,irrevocable, worldwide, royalty-free, exclusive license to publish, reproduce, modify, adapt, translate, publicly display, or distribute as we feel and see fit for the purpose in good faith. This exclusively refers and applies to the material or content posted via open communication tools as described above. It does not include the content or the information provided by you in the registration process to use our resources. We strictly protect your private information and it has been covered in our privacy policy.

8: By accessing our website, you must agree to indemnify and hold harmless Digits hosting, its parent and sister websites ,affiliates and their directors, officers, managers, employees, donors, partners, resellers, agents, contractors, licensors, from and against all damages, losses, costs, including attorneys’ fees resulting from any violation of this user agreement or failure to fulfill any obligations related to your accounts incurred by you or any other person who ever directly or indirectly use your account. Digits hosting reserve the right to take over the exclusive defense of any claim for which we to indemnification under this user agreement. In such case you are requested to provide us the necessary assistance and cooperation as much as reasonable means and jurisdictions.

9: USING OF OUR SERVICES:
In order to use our services, you must agree and accept the method of the order provided by digits hosting either it can be an online order or it can be in written (electronic or written from) to purchase our services. If the order is online,you must agree with our terms and conditions to purchase our services anyhow you are free to read our term and condition and user agreement before you subscribe or purchase online order. In other ways, you can request (where it is necessary) to send you written order to sign electronically .To purchase our online services, you must fulfill and agree to the following terms and conditions called customers acceptable user policy.

A: Customer’s use of services includes that any individual placing an order has legal authority to enter into a contractual commitment, is not minor, and has enough knowledge to use such services. Digits hosting reserve the rights in sole discretion to accept or reject any order for its products or services. Also customer warrants and represents that order has been placed on behalf of business and not as a consumer.

B: Customer’s obligations
1: Customers agrees to comply with applicable law and digits hosting terms of service to pay the fees for the services when due until unless the notice of cancellation/termination, one month prior to the billing cycle is submitted through email. Request Cancellation of services must be submitted through email or by support ticket to our support team. The request of cancellation on phone call will not be accepted or entertained.

2: A customer is solely responsible for the security of his content or data stored on digits hosting’s web-hosting environment. However, digits hosting will take appropriate measures to protect the customer’s data by using fair means and reasonable security measures. Anyway, customers are strongly advised to use fair means to protect his data, for example, using SSL CERTIFICATES, FIREWALLS ,secure connections etc.

3: Customer agrees that he will be responsible for transmission of any data stored or hosted on digits hosting hosting environment and due to a public network; he will be responsible for loss or corruption of his data. Digits hosting will keep strong security check on all data transmission and if we find out any unusual/suspicious activity on the transmission of data which can be threating to our resources or the resources of our other customers and technology partners the service will be terminated immediately without prior notice to that customer.

4: Any customer (include in government agencies) who deals in sensitive data for example financial account numbers, social security numbers, national identity details, driving license numbers, state identification numbers, health information, or any type of data that cannot be public (nonpublic personal or state information) must contact us in written with proof of his authority to hold such data to get appropriate advice to secure and protect his data, however, the customers holding such data are strongly advised to use our disaster recovery plans, SSL certificates with (extended validation) , high end security firewalls etc. to minimize the risk of loss of their data.

5: Customer shall be responsible for all backups of his data, however, he can order us in addition to back up his data periodically .please note that data backup services is in addition to your normal order and can be purchased as ad-ones services available on our service order panel.

6: Customer is responsible for securing appropriate authentication procedures while purchasing our services online. Any customer who fails to prove his legal identity or authentication might be rejected by digits hosting to fulfill his order request. Also, customer is not authorized to transfer his/her order or subscribed services to any other person. Customer shall promptly notify digits hosting of any breach or unauthorized access to digits hosting network or servers or accounts.

7: Customer shall use our services in compliance with applicable law of a state, federal or international laws significantly including data protection, privacy, and unsolicited commercial electronic message. Customer also agrees that he/she will use the services responsibly and not for illegal use or unauthorized purposes include but not limited to; hacking, spamming, financial frauds, email spoofing, virus distribution, network attacks, phishing, sharing illegal software’s, using malware, spywares, copy right text, unauthorized use of images, pornographic content (in any form), sending outbound bulk emails regardless of contents, junk emails, unsolicited commercial emails. Unsolicited instant messages, email address cultivating, or unauthorized collection of email data and mailing list without closed-loop, subscription and non-subscriptions for the services and links. Customer agrees that if we feel his involvement in any of above activity , his services will be terminated and digits hosting w not be held liable for any loss or damages caused by the termination of the services in front of any court or authority.

8: Any activity with intention to withholding identity, or contact information, deletion and forgery, misreporting of any transmission or information for example return mailing and IP addresses.it also include interference with digits hosting hosting environment including email bombing and flooding, deliberately attempt to overload the systems, servers and networks and broadcast attacks. The term unlimited means using the service by fair means, if we notice that you’re exceeding the limit or you are using 20% our resources will be a violation of the term of use.Moreover, customers involving gambling, abusing our database by any means, or any illegal activity under the applicable law may will be the violation of our terms of service.

9: Digit hosting has right to investigate potential violation of terms of services, and if the breach of acceptable user policy occurs, it may result in the following consequences.

• We can restrict the customer’s or his user’s access to our services.
• We may remove or require the customer to remove any offending content.
• Terminate the services and agreement.
• We may exercise any remedy or right at applicable law or in equity.

Except in an emergency, or maybe it required by law, before taking any action for termination of services, we will notify you by email or phone call whatever we find best in a reasonable manner to make you stop change or modify your services. If you will fail to comply with our terms of services, you might lose your subscription with digits hosting with the option to resume according to our terms of services provided that customer must notify digits hosting with sound and reasonable explanation of violation of terms of services.

Account and billing

A: Once the customer has purchased our product or services, digits hosting will charge its fees to the customer for such services and will continue charging monthly bases unless otherwise stated or agreed upon by both parties and customer agrees to pay to digits hosting against such services he would have been subscribed for. Most common way charge the customer is by credit card yet another mode of payment will be available on our website time to time in compliance with specific products or services. If the customer wants to terminate the contract he/she must inform and notify digits hosting at least one month prior to next billing cycle.Billing dates are recurring on the day the account was opened, however, we will try 3 days prior to the recurring date charge your card and in a case of failure, the card can be loaded by a customer to avoid suspension of services. Accounts for customers who wish to pay by wire transfer/bank check or any other means of payment will be set up when the payment has been received in digits hosting account. A returned check penalty fee is $45 and will be charged to the customer whose check has been dishonored regardless of the billing amount. This penalty fees may be waived provided that it was a technical error, funds were available in the bank account, and all supporting documents were enclosed. If the check was paid for more than one account, each account will be assessed as$45.two or more returned checks can result revocation of the account or services. Outstanding balances are subjected immediate payment and will be charged at first instance. A credit card charge back fee is $50 and will be charged to any customer’s account for any charge back received by the financial institution. The original fee and penalty fee must be paid immediately to ensure the services continuity and online. If any customer or anyone who has used his credit card to pay for services ending two or more chargeback’s may cause in credit card privileges being revoked and full payment will be due via money order or wire transfer. Credit card payment privileged will be reinstated if the charge back result in error provided that all supporting documents were submitted. If the credit card was used to pay more than one accounts, each account will be assessed the fee of $50.charge backs received are reversed from the customer’s account and outstanding balance will due to pay immediately. If the account was disconnected due to not payment, the customer will be charged $50 as penalty fees to reconnect his services. Digits hosting has right to cease providing the services to the customer without notice or may upon not less than one day written notice to the hosting services at all customer’s cost and expenses. Upon such termination, a customer agrees to pay immediately all previous dues owing for services provided through and including the effective date of termination.

B: Customer agrees to pay his/her dues on the effective date and failing to pay dues on time may cause termination of services without prior notice. Digits hosting will be responsible or liable for any loss of data or any damages caused by such action (termination/discontinue of services)

C: Customer might have been notified by digits hosting to clear his dues payable by other means instead of credit card and if a customer still fails to pay his dues will cause suspension of services rendered to him by digits hosting. If a customer fails to pay over dues by any means ,digits hosting reserves the to bring any legal actions or engage a collection agency to collect customer’s unpaid balance and a customer will be held liable for the payment of all reasonable cost of collections including legal fees and courts costs. If digits hosting owe any customer money and customer fails to meet the service level agreement , digits hosting will not be liable to pay him back as refund money yet he can subscribe for any of our services with fair means of use.

Cancellation of an account

For cancellation of any account, a valid proof of account ownership must be required to terminate an account. It may include billing password or account paraphrase (secret question) for each account created by customers. Non-sufficient information about the billing address, or security verification, monthly plans and agreement may not result in cancellation. However on providing accurate information and valid proof to our help desk or email sent to our: [email protected] will help to process the cancellation request. Please note the cancellation request must have to submit one whole month prior to effective date of cancellation. Please keep remember, even one day over the billing date will be considered as whole month payment as we do not deal in hourly or weekly based orders or service plans and packages.

Domain Names and SSL

Digits hosting will not be held responsible for domain name transfer. The domain name owner or account holder is responsible for domain transfer subject to ICANN domain name transfer procedure and policy. Free domain name registration covers only for the first year and subsequent years will be charged at $12 approximately each year. This price only is subject to TLD (com. Org. net) .you can visit our domain page for latest pricing. If free SSL was chosen, this offer extent to the first year only and each subsequent year will be paid by customers on his sole responsibility and must be renewed and payment must be made in advance for certificate renewal. Please visit our SSL page to get more information and choose best SSL fit in your needs.

Refund policy

DIGITS hosting refund for prepaid services for full month only accordance with terms of services. For example, if you have subscribed to services for 6 months and in the first month you have sent us notice for cancellation ,you will be paid back for full five months after deductions of necessary operating cost, taxes, bank fees for refunds or any other costs (for example third party payment gateway).

Please note that our money back guaranty is only for shared hosting packages, VPS, and dedicated servers do not fall under refund policy. Domain registration fees and SSL fees are neither refundable nor transferable. Any disputed amount in invoices will be settled in the case of refunds requests. If the charges are not disputed within 60 days of the invoice would be conclusively deemed accurate. Customer authorized digits hosting to charge his/her credit card for billing cycle( recurring payments monthly/yearly)please note that setup fees and domain registration fees ($14) will not be refunded.

Suspension of services

Digits hosting will provide a customer a reasonable advance notice for suspension of services provided that customer fails to fulfill our terms of services. Digits hosting give a chance to its customers to cure the violation of services and with reasonable commercial judgment will suspend the services to protect its hosting environment and environment of any third party resources if any are involved. Suspensions based on customer’s breach of terms of services will not relieve his obligation to pay for suspended services during the period of suspension. If a customer is unable to cure the breach of services in15 days from the beginning, the suspension may be treated as a termination. In a case of suspension of services, digits hosting shall have a right to deny access and /or destroy his stored data or accounts .digits hosting may at its sole discretion allow access to a suspended account or services.

Hosting Services

Digits hosting is worldwide hosting services provider. Our hosting environment has been designed to provide the highest level of service support and latest technology.

All shared hosting services provided by digits hosting are to be used for lawful and genuine purpose only. Storage, transmission and presentation of any type of data (vocal, text, image, and video) are prohibited by applicable law. This data may include, any material that is copyrighted, any material we judge that is threatening to the security of our hosting environment, any material that jeopardizes international or national security and any material that is protected by trade secret ,cyber laws or any mercantile laws including local or international laws. Subscriber agrees to indemnify and acknowledges that he will use digits hosting hosting environment harmlessly within reasonable manners and must not create or cause any threat to digits hosting and its other customers.

Please note that merchandising of any material related to pornography and sexual explanatory contents, adult content, any material that promote or can promote racism, religious extremism or hate, political or social hate in any form is strictly prohibited on digits hosting hosting environments. It may include shared hosting, VPS, dedicated and cloud servers customers. Digits hosting reserves a right in its sole discretion to remove destroy or stop such type of material along with a suspension of services or even termination of account and services of the accounts exercising such activities.

Here are some examples of prohibited contents that may include but are not limited to

IRC and pirated software, hacking websites, programs, and archives, warez websites, distribution of any files may include but not limited to text, images, music, audio& video, Software, applications, wizards, adult websites , adult games or game servers . Any content that does not meet the standard of our terms of services will be removed. We do not allow IRC, BNC or EGG Drops, IRC bots operations on digits hosting hosting environment. Any files related IRC or any likeness thereof is strictly prohibited.it also include any program that acts like an IRC server or chat function that runs as a back ground process are strictly prohibited. Any type of PROXIES and proxy servers are (whatever itmay personal or business use) and any types of files that may act or likely to act as a proxy server are strictly prohibited. Any method of port scanning is strictly prohibited on our servers. We do not allow a high volume of email deployment of any type on our shared servers. Spamming or unsolicited emails from any of our server are strictly prohibited. Digits hosting will be a sole arbiter as to what constitutes a violation of this provision. It may also include Opt-in, Opt-out mailprogram or emails that directly or indirectly references a domain contained within digits hosting. Running unconfirmed email addresses are strictly prohibited. All mailing list run by digits hosting customers must be closed-loop (confirmed Opt-in) . Selling and purchasing any mailing addresses from third parties for mailing to and from digits hosting hosted domain or referencing any digits hosting account is strictly prohibited. Transmission and advertisement of any program, software, products that are designed to violate this Acceptable user policy or AUP of any ISP (internet service provider) which includes the facilitation of method and means to send unsolicited bulk emails, flooding, text-bombing, initiation of pinging or bulk text messaging or such attacks are strictly prohibited. Cultivation of email addresses, unauthorized collection of email addresses, or operating any account,reselling any services to a person or organization that is listed in the Spamhaus Register of known spam operations (ROKSO)database at their website: www.spamhaus.orgis strictly prohibited.

Digits hosting clients are prohibited from promoting, advertising, or making claims related to the services that are hosted on digits hosting infrastructure. It includes limitations to allow you what you have stated in your website it may include your products, services, and solutions. You must not advertise any claim related to DDOS mitigation or any type of such service, for example, proxy protection, denial of services protection, also a denial of service mitigation DDOS OR DOS SERVICES. It also includes any unlawful or illegal activity in connection with defraud, defame, scam, coerce and entice others into unlawful activity. Digits hosting do not allow shout cast servers on shared hosting plans due to bandwidth and load issues. We ask the users request permission before enabling background process of a substantial load. PHP shell and files likely to be used as PHP shells are strictly prohibited.

Server Abuse

Any attempt to cause harm to digits hosting server or its provider or to its subscriber is strictly prohibited. The following activities are considered as server abuse which is the violation of AUP. Logging into a server or any account that is not in your authorization to do, accessing any unauthorized data or services, attempt to probe, scan or test the vulnerability of any system, its networks or sub-systems, tampering, hacking or modifying information accounts without proper authorization , transmitting any type of materials containing viruses, Trojan horses, worms, time bomb, computer programming routines, cancel bots, with an intention to destroy, disrupt, damage or impairing the server functionality or the operating systems. Intercepting or expropriating the systems or data information, interfering with any user hosting account, service (host environment), and networks by means of overloading, mail bombing, flooding or crashing any system server or part of the system. All sub-networks and all VPS and dedicated servers must adhere to the above policies.

Note: you will be held responsible for all actions performed by your account whether those actions have been done by you or by any other. Although digits hosting will use its best with fair and reasonable means to secure your information. But it is strongly advised that you must secure and protect your account information. Digits hosting will not bear any responsibilityfor any misuse of your account or services subscribed under your account.

Account authorization and authentications

Digits hosting provide its customers with the flexibility of their own account access, passwords, and authorization procedures. Customers are responsible for their account authentications and authorizations. This is the responsibility of the customers to protect their information. Digits hosting will not be held responsible for customer’s account damages, loss, and password compromise or hacking.

Technical support

Digits hosting support includes access to technical support including email, live chat, submitting a support ticket and live calls. We try our best in reasonable business manners to provide and resolve any issue of the customers but in case of inevitable delay or delay caused due to any system, networks, internet failure or acts of nature or by any means beyond our control in good judgement and faith of business are per-apologized on behalf of our entire team. Digits hosting will take necessary measures to fulfill the requirements for its customers 24/7/365.please note that we will provide the support only for the products and services directly under our control. Any support for third party products or services will not cover our technical supports. Customers must contact the relevant company or organization for technical supports they are using the services from. Digits hosting will provide best effort support and is not guaranteed and may vary dramatically.

Schedule maintenance of servers/ networks and downtime

Digits hosting will use its best and commercially reasonable efforts to provide services 24hrs a day, 7 days a week. Customers acknowledge that from time to time services may not accessible or inoperable for any of reasons includes periodic maintenance procedures or upgrades. This is called scheduled downtime or server malfunctions or causes beyond digits hosting controls that are not reasonably foreseeable by digits hosting. T hose may include failure of networks, telecommunication systems, digital transmission links, networks telecommunication systems, digital transmission links, networks attacks and network congestion, may other failure including inevitable accidents, acts of nature. Digits hosting will provide two days prior notice in advance to its customers for scheduled downtime and will use commercially reasonable measures to minimize the down time. Please note that 100% up time guarantee does not apply for shared accounts.

Promotional use:
Digits hosting may use your company name or your logo’s for promotional purposes. This may include for public disclosures, newsletters, marketing release, and advertising on digits hosting websites. This reference will be strictly limited to disclosure that digits hosting has provided the services to that company and it will not contain any sensitive or confidential material or proprietary information. This reference will not provide any server configuration or any secret information about the company, however, if any information about any customer is required by law to disclose or compelled by order of the court or law enforcement agency local or international.