WHEREAS, DigitalBerg Web Hosting is an info provider that connects via the Internet. DigitalBerg Web Hosting offers storage and transfer services by way of the Internet through access to its Web Server;
WHEREAS, the client looks for the use of DigitalBerg Web Hosting’s server for that person’s own reasons;
WHEREAS, the parties agree that the Internet is not owned or controlled by just one person; therefore, DigitalBerg Web Hosting is unable to guarantee that any given reader at any given time will be able to access DigitalBerg Web Hosting’s server.
DigitalBerg Web Hosting denotes it will make every sincere effort to ensure that its server is available as far as possible and with as little interruption to its services as possible;
NOW THEREFORE, in respect of the mutual promises contained here, the parties agree as per below:
Client agrees to a 30-day contract that begins upon service commencement. At time of signup, exact length of contract is decided.
Client agrees to be solely accountable for all account charges and fees.
If the client wants to cancel DigitalBerg shared Web Hosting services within 10 days of the initial signup, they can do so for any reason (with the exception of deactivation for violating Terms of Service or Spam Policy) and quickly receive monetary refund.
For the 10-day refund policy, it does not include third-party services or services that DigitalBerg partners provide; those third-party services also do not applicable for early ending credit. Billing ceases at the end of the term within which the service is cancelled.
The contract automatically renews at the end of the contract term for the same length as the original contract, and will do so indefinitely unless cancelled in writing or by web panel. Following the first 10 days, a canceled account will terminate before the next payment’s due date and billing will cease from that point on; as well, no refund payment will happen even if portions were not used. If non-refundable charges have been utilized, they must be paid before an account gets cancelled.
The 10-day refund policy only applies to credit card payments for shared hosting at DigitalBerg. If payment is made by other method then it is not refundable. If contract is for other service than shared hosting, 10-day refund policy does not apply. Domain registrations are not refundable ever, even the value of free used domain registrations that come with plans. Not refundable: SSL certificates, AdWords credit value or third-party add-ons credit value. For further details, see the domain registration agreement.
Disablement right away and permanently occurs, at the will of DigitalBerg, without any refund, for violation of DigitalBerg’s Spam Policy, Terms of Service or Acceptable Use policy.
Any disputed charges, commonly called “chargebacks,” associated with DigitalBerg may result in permanent disablement right away at the will of DigitalBerg.
DigitalBerg makes every commercially sensible move to make Dedicated Cloud available 99.9% of the time within every billing cycle. Client is eligible for refund if this service level is not met by DigitalBerg; client has opportunity to receive credit to apply to future Dedicated Cloud billing cycles, with amount of credit based on that month’s inaccessibility.
- For this agreement, the term “inaccessibility” means that either the Dedicated Cloud service does not respond or Dedicated Cloud shows server error to valid user requests over a period of 60 seconds of uninterrupted requests sent.
- Excluded is when inaccessibility is because of scheduled maintenance; this situation does not garner service credit calculations.
- Service credits are tallied as a bill percentage for the billing cycle in which the inaccessibility occurred. This percentage comes from this equation: number of minutes of inaccessibility divided by total number of minutes in that particular billing cycle.
- To claim service credits, client must submit a service ticket within 14 days of the inaccessibility.
DigitalBerg Web Hosting is not accountable for taxes or fees related to the client’s purchases or via DigitalBerg Web Hosting’s service. Customer is fully accountable for all taxes and fees associated with any products sold to them.
Client will give material and data to DigitalBerg Web Hosting that is in a form that is “server ready,” meaning it does not need to be altered by Digital Web Hosting. No effort will be made by DigitalBerg Web Hosting to authenticate such information for its usability, correctness or content.
A certain amount of user knowledge is required to use DigitalBerg Web Hosting’s services; said knowledge relates to software, protocols, and Internet languages. Level of knowledge varies according to usage and content goals of Customer’s Webspace by client.
Here are examples:
- Web Publishing requires knowing HTML, FTPing Webspace contents, text, sound, image mapping, correctly locating documents, and more.
- CGI-Scripts requires knowledge of UNIX environment, CShell scripts, TAR & GUNZIP commands, and more.
Client agrees to have the knowledge to create Customer’s Webspace and does not require DigitalBerg Web Hosting to provide said knowledge or Customer Support to provide knowledge outside the bounds of the defined DigitalBerg Web Hosting service.
Assuming all info passing through the network abides by all conditions of DigitalBerg’s Acceptable Use and Terms of Service policies, DigitalBerg Web Hosting does not do any controlling over that content.
DigitalBerg Web Hosting has the right to police its network to make sure users comply with all Terms agreed upon.
Client agrees to cooperate to reasonable investigations into their faithfulness of all Terms agreed upon. Should that client not cooperate, permanent disablement of account and service plan is up to will of DigitalBerg.
At the discretion of DigitalBerg Web Hosting any website or server can be disconnected for being a security threat to DigitalBerg clients, network or servers.
It is grounds for termination of all services should DigitalBerg find a client opens several accounts or service plans to avoid overage charges or restrictions set by DigitalBerg.
For the service it provides, DigitalBerg Web Hosting does not offer warranties or representations. DigitalBerg denies any warranty of merchantability or fitness for a specific use and is not accountable for any damages the client incurs, including data loss that results from delays, service interruptions or non-deliveries for any reason, or client omissions. Using any info received by route of DigitalBerg Web Hosting is at the client’s personal risk and DigitalBerg is not responsible for that information being correct or high in quality. Connection speed is the swiftness of the connection, not the guarantee of end-to-end available bandwidth. During system inaccessibility, DigitalBerg Web Hosting limits damages it owes client for down time to the pro-rate monthly charge at that time.
Any client damages resulting from such inaccessibility is not the obligation of DigitalBerg Web Hosting. If the material is not “server ready,” DigitalBerg has the right to refuse it, even after it has been put on the DigitalBerg Web Hosting server. Upon rejection, DigitalBerg will immediately tell the client and give that client the chance to change the material to meet company requirements. If client does not amend material as DigitalBerg directs, within a reasonable timeline determined between the two parties, the contract will terminate.
All domain names DigitalBerg registers that are not right away associated with a hosting plan through DigitalBerg will have a “Coming Soon” web pages that explains the client has registered their domain via DigitalBerg. DigitalBerg can modify that Coming Soon page at any time, without telling the user, and link to additional products and services that DigitalBerg offers.
Copyrights & Trademarks Usage
Client deserves the right to use the copyrights and trademarks applying to all content and/or products which are made accessible through the client’s account.
Hardware, Equipment, & Software
Client is accountable for and must provide all software, computer, and telephone equipment and services for usage of DigitalBerg Web Hosting.
No representations, assurances or warranties are made by DigitalBerg Web Hosting that the client’s equipment will be harmonious with DigitalBerg Web Hosting service.
On Uptime Guarantee
The guarantee at DigitalBerg is for 100% uptime. Inability to provide 100% uptime will result in client compensation according to the guidelines discussed here.
Client has the right to compensation if client’s website, webmail, email, FTP or SSH is unusable because of DigitalBerg system failure(s) for reasons other than scheduled maintenance or configuration errors/coding faults on the part of the client.
Compensation is such that client will receive DigitalBerg credit equal to the client’s current hosting cost for one day of service for each one hour (or part of) of service disruption, up to 10% of client’s next pre-paid hosting renewal fee.
Assessment of downtime by DigitalBerg starts when the client opens a support ticket to report the issue.
DigitalBerg Dedicated Cloud & SSD VPS Conditions
DigitalBerg can change bandwidth pricing and measurement as it chooses, with at least 30 days of notice given in advance to clients of DigitalBerg Web Hosting.
There is no commitment for DigitalBerg to compensate client for downtime, whether the client, DigitalBerg upstream partners, or DigitalBerg Web Hosting caused the downtime.
Client agrees that dedicated server payments are never eligible for a refund. For instance, should client pay for 12 months of service, there will be no refund to client if that person selects to stop service with DigitalBerg during their term. Billing for SSD VPS services occurs monthly. For a termination or upgrade to a SSD VPS pre-paid plan, client gets a refund of prorated plan value.
When existing platform, meaning a motherboard/chassis combo, gets a hardware upgrade, it is done by DigitalBerg and client will get a £100 labor fee in addition to an increased monthly rate on account.
A £100 labor fee is billed to the client when DigitalBerg performs hand-on labor required by the client, such as reinstalling the operating system on the server.
DigitalBerg has the right to change the dedicated server plans advertised on its website, whenever it wants, without requirement to upgrade client’s bandwidth limits or hardware when server packages alter. Should client want a hardware upgrade, there is a £200 charge; the hardware upgrade is not required for client when prices change.
In terms of managed servers, DigitalBerg is accountable for security of the base OS (which is the standard set of debian packages installed with server), network, and kernel. If DigitalBerg deems security must change for client’s server, it may do so; for instance, DigitalBerg can step in to install security patches.
In terms of unmanaged servers, which do not use a “Dreamcatcher” monitor, the client must keep security current on their system. The client must patch the kernel within seven days of an announced security hold in said kernel. When a general announcement to the security community is made that requires a security patch, said patch must be installed by client within seven days of announcement.
DigitalBerg does not have to notify clients of security patches in need of installation. By not complying with these requirements, client’s contract may be terminated, without refund. DigitalBerg can take any action at its discretion on an unmanaged dedicated server to provide DigitalBerg network’s security and reliability.
Client certifies being at least 18 years old or that their parent or legal guardian will be client for this contract.
The contract will terminate if either party gives written 14-day notice in writing to the other party. DigitalBerg Web Hosting will accept email for termination. Aside from the above, DigitalBerg Web Hosting may terminate the contact at any time if the customer does not follow the contract terms, which include failure to make payment. DigitalBerg has the right to charge a re-establishment fee.
Client agrees to use DigitalBerg Web Hosting’s server at his or her risk. The DigitalBerg Web Hosting services are not said by DigitalBerg Web Hosting, third-party partners, affiliates, DigitalBerg employees, and merchant licensers or similar to be error free or uninterrupted. They also do not guarantee the results that may occur from server service or accuracy, content or dependability of info service or products contained in or provided by DigitalBerg Web Hosting service (with the exception of those explained in this contract).
Any damages incurred from the use of (or inability to use) DigitalBerg Web Hosting server services will never by the responsibility of DigitalBerg Web Hosting, its employees, offices or anyone else involved in the design, production or distribution of that service. Damages refer to any type, including direct, indirect, errors, defects, operation delays, data loss or inability to perform, whether due to theft, natural disasters, destruction or unauthorized access to DigitalBerg’s files, services, or products. Client agrees that this paragraph applies to all content on the DigitalBerg Web Hosting service.
Client’s sole remedies for all damages, causes, and losses, whether in contract, tort including negligence or another type, notwithstanding the above, will not be more than the aggregate monetary sum the client paid during this contract term and any realistic legal and court fees.
On Promo Codes
When using a promo or promotional code, client waives the right to tell who referred him or her to DigitalBerg.
After the signup process is complete, the client cannot change promo code or referrer, not can client add a new promo code or referrer. Promo codes are only for new clients; when using one, client cannot host a domain previously hosted by DigitalBerg.
Client agrees to indemnify, defend, save and hold DigitalBerg Web Hosting safe from any demands, losses, fees, claims, and liabilities, including realistic lawyer fees, liabilities asserted against DigitalBerg Web Hosting, its customers, agents or employees, that result from any service completed or agreed to be completed or any product sold to client, employees or agents. Client agrees to indemnify, defend, save and hold DigitalBerg Web Hosting safe from liabilities that come from:
- Harm to property or person caused by products sold or dispersed in connection with the DigitalBerg Web Hosting server.
- Material given by client that infringes or is said to infringe on a third party’s patented rights.
- Copyright infringement.
- Any defective product sold by client on DigitalBerg Web Hosting server.
Client is in compliance with related export control laws and guidelines, as well as reexport control laws and guidelines, which includes the US Dept. of Commerce EARs, the Treasury Department’s Office of Foreign Assets Control trade and economic authorizations, and the Department of State’s International Traffic in Arms Regulations. Client agrees not to dispose directly or indirectly of products, technology (including products based or associated with this technology) or software received by DigitalBerg under this agreement, whether by sale, export, reexport, divert, transfer or otherwise, to any person, destination or entity prohibited by US laws and guidelines, without first getting authorization from the applicable government powers that be, as required by the specific laws and guidelines. Client is in agreement to indemnify, to the most lawfully possible, DigitalBerg from and against any penalties that arise from client’s breach of this provision. Even if this agreement is terminated or cancelled, this clause remains in effect.
Other terms the client agrees to are in the other DigitalBerg policy documents, which include:
Client agrees to all terms set up by DigitalBerg partners and agents, as well.
Chances to Contract
Should revisions to this contract occur, as with previous contract revisions, it is assumed the client agrees to them upon renewal of their services, as explained in the section titled Financial Provisions.
To be able to transfer his or her account, a client must get written consent from DigitalBerg Web Hosting.
The Terms and Conditions set out here compose the full contract and understanding of both parties. All alterations to the contract Terms and Conditions are agreed to by both parties upon services renewal.
Get Greener Web Hosting
Make a conscious decision to go green with your web host provider. DigitalBerg operates with green policies for its products and services to ensure we are environmentally responsible.
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