Content
All services provided by Digital Linx. are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Digital Linx, from any claims resulting from the subscriber’s use of Digital Linx’s services which damages the subscriber or any other party.
Note: Pornography and sex related merchandising are prohibited on any Digital Linx. server. This includes sites that may imply sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Digital Linx servers or any other server on the Internet. Links to such materials are also prohibited.
Digital Linx will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.
Housing of any of the following files is considered a violation of the terms of service:
IRC - We allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. However any program that acts like an IRC server or that provide chat functions that run as background processes are not allowed.
PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.
Commercial Advertising - Email -
Background Running Programs - We ask that users request permission before enabling persistent background processes of substantial load.
PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.
Server Abuse - Any attempts to undermine or cause harm to a Digital Linx server or subscriber of Digital Linx is strictly prohibited including, but not limited to:
You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of Digital Linx must adhere to the above policies.
Scheduled Maintenance and Downtime
Digital Linx will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (”Scheduled Downtime”); or service malfunctions, and causes beyond Digital Linx’s control or which are not reasonably foreseeable by Digital Linx, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Digital Linx will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Digital Linx has no responsibility for downtime resulting from a user’s actions.
Any violation of Digital Linx’s Terms of Service Agreement shall result in no refund.
Limitations on Use
Any account using 25% or more of the server CPU can be suspended and/or terminated.
Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.
Background Processes. Unauthorized background processes shall result in immediate termination of the account. Digital Linx maintains the right to cancel accounts at its discretion.
Account Setup, Termination, and Billing:
The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month’s billing cycle. Billing dates are on the first and 15th of every month.
Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 14 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of $10 in order to re-enable your account.
Termination of accounts due to overdue payment: If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted.
Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.
Courtesy Services for Customers
All services such as backup are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber’s own backup of any data. Digital Linx is not responsible for lost data or for lost data due to third party software that is not maintained by Digital Linx programming staff.
Limitation of Damages
Recovery of damages from Digital Linx may not exceed the amount of fees it has collected on the account.
General
Terms Of Service are subject to change without any prior notification.
These Terms of Service are a legally binding contract between the subscriber and Digital Linx.
By opening an account, the subscriber agrees to the above-stated terms.
Anything not listed in the Terms of Service is open to interpretation and change by Digital Linx administrators without prior notice.
Any violation of these Terms of Service will result in termination of the account. Digital Linx maintains the right to terminate accounts without prior notification.
We reserve the right to remove any account with 15 days prior notice.
Dispute Resolution
Any dispute between Digital Linx and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Michigan law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Ingham County, Michigan, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.