Web Hosting And Email Terms Of Service

Web Hosting Acceptable Use Policy (AUP)

This Acceptable Use Policy (the “Agreement”) sets forth the terms and conditions of Your Use of hosting and related services (“Services”). In this Agreement “You” and “Your” refer to You, as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “us” and “our” refer to Digital Drivers, as well as its subsidiaries and sister companies (“Bent Technologies”). This Agreement explains Our obligations to You and explains Your obligations to Us for various services offered by Digital Drivers. When You Use Your account or permit someone else to Use it to purchase or otherwise acquire access to additional Digital Drivers service(s) or products or to cancel Your Digital Drivers service(s) (even if We were not notified of such authorization), this Agreement covers such service or actions. Digital Drivers’ Terms of Service agreement (“TOS”) is incorporated herein by reference and is applicable to all Services under this Accepted Use Policy.

Sharing of Information

As a condition of purchasing and using hosting plans, You acknowledge and agree that Digital Drivers may provide Your personal information to their partners, as necessary to provide You with the selected products and services. The provided information falls into the following categories: (a) Information that users provide through optional, voluntary submissions. These are voluntary submissions made by You in order to receive Our electronic newsletter & marketing communication, and (b) Information Digital Drivers gathers through aggregated tracking information derived mainly by tallying page views throughout Our sites. This information allows Us to better tailor Our content to users’ needs and to help Our advertisers and sponsors better understand the demographics of Our audience. Because Digital Drivers derives its revenue mainly from sponsorships and advertising, providing such aggregated demographic data is essential to keeping Our select services free to users. Under no circumstances does Digital Drivers divulge any information about an individual user to a third party. Further information regarding the nature of information shared by Digital Drivers can be obtained by reviewing the Privacy Policy. You acknowledge and agree that Your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed via Whois.

User Obligations

You represent and warrant to Digital Drivers that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by Digital Drivers shall not be used in connection with any illegal activity.

You expressly (i) grant to Digital Drivers a license to cache the entirety of the content that is submitted, stored, distributed or disseminated by You via the Services and Your website, including content supplied by third parties, hosted by Digital Drivers under this agreement; and (ii) agree that such caching is not an infringement on any of Your intellectual property rights or any third party’s intellectual property rights.

Network Interruptions

Digital Drivers will use its best efforts to maintain a full-time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Digital Drivers be liable to You for any damages resulting from or related to any failure or delay of Digital Drivers in providing access to the Internet under this Agreement. In no event shall Digital Drivers be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Digital Drivers under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive the termination of this Agreement.

IP Address

Digital Drivers assigns to You an Internet Protocol (“IP”) address in connection with Your use of the Digital Drivers services. The right to use that IP address will remain with and belong only to Digital Drivers, and You will have no right to use that IP address except as allowed by Digital Drivers in its sole and absolute discretion.

Prohibited Activities

By using any Services, provided by Digital Drivers You agree:

  • not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
  • not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
  • not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
  • not to make, attempt or allow any unauthorized access to Digital Drivers website, servers, Your own hosting account or the account of any other customers of Digital Drivers.
  • not to allow any remote code execution of malicious software through the hosting account provided by Digital Drivers.
  • not to cause a denial of service attacks, port scans or other endangering and invasive procedures against Digital Drivers servers and facilities or the servers and facilities of other network hosts or Internet users.
  • not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
  • not to use Digital Drivers services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
  • not to upload unacceptable material which include: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
  • not to engage in or to instigate actions that cause harm to Digital Drivers or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by any online spam database, actions resulting in DDOS attacks for any servers, etc. Digital Drivers reserves the right to refuse service to anyone at Our discretion. Any material that in Digital Drivers judgment, is either obscene or threatening is strictly prohibited and will be removed from Digital Drivers servers immediately with or without prior notice and may lead to a possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Digital Drivers will take corrective action at our own discretion and will notify You. Digital Drivers decision in such case is binding and final, and cannot be a subject of a further change. Digital Drivers cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Digital Drivers or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. Digital Drivers will not be liable for any loss or damages in such cases.
  • not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.

At its discretion, Digital Drivers can remove any content We determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content

Email And Spam Policy

You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to Digital Drivers. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. Digital Drivers prohibits the following activities listed without limitation hereunder:

  • Usage of the Digital Drivers network and systems to receive replies to unsolicited mass e-mail messages.
  • Forgery of e-mail headers (i.e.”spoofing”).
  • Spamming using a third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
  • Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
  • Hosting web pages advertised via “spam e-mail” sent from another network (“spamvertising”).
  • Hosting any web pages or providing any services that support spam.
  • Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, Usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
  • Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.
  • If We determine that You have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, We reserve the right to assess a $500 charge upon Your account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event We determine that You have deliberately or recklessly engaged in SPAM activity, We may assess the fee entirely at our discretion. The fee will be charged to Your account, in accordance with the payment information submitted by You as part of Your acquisition of our services. You further agree that in the event We determine that You have deliberately or recklessly engaged in SPAM activity We may share information regarding Your activities, including but not limited to Your identity, with the various anti-SPAM organizations and/or blacklists.

Storage And Security

At all times, You shall bear the full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your account access credentials (including but not limited to Your customer username/login, support pin code, password) and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Digital Drivers servers; and (iv) ensure the confidentiality of Your password. Digital Drivers’ servers are not an archive and Digital Drivers shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The Services offered by Digital Drivers are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Digital Drivers shall have no liability to You or any other person for Your use of Digital Drivers Services in violation of these terms.

Transfer Of Content

In the event You terminate this Agreement or Your use of Digital Drivers products and/or services, then moving Your server content off of the Digital Drivers servers is Your responsibility. Digital Drivers will not transfer or FTP Your server content to another provider. In the event Your use of Digital Drivers products and/or services is terminated, Digital Drivers will not transfer or manage Your services or Your content.

Third Party Software

Digital Drivers provides some third-party software to You for easier account management including but is not limited to cPanel, etc. Such software is provided on an “as is” as available basis. We do not guarantee that any specific results can be obtained by using such software. Digital Drivers does not take responsibility for any faults in such software functioning. You agree that Your use of any Digital Drivers Services shall be used by You in accordance with the terms of any relevant third-party licenses. Your failure to abide by any third-party license may result in the immediate termination of Your Services by Digital Drivers.

You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Digital Drivers. Your use of any third party software is at Your own risk. Digital Drivers does not control and therefore cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Digital Drivers will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third-party software or products. Digital Drivers reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time.

You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.

Third Party Content

If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. Digital Drivers has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Digital Drivers policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. You are responsible for monitoring all service renewals and orders. In the event that an error occurs the account holder must notify Digital Drivers immediately of the error. In no event shall Digital Drivers be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.

Customer Support

Digital Drivers provides customer support to You at no additional fee for issues related to Digital Drivers service only. Digital Drivers has the right to decide what is a service related issue and to charge additional fees or refuse support for non-service related issues. Any fees paid by You for providing non-service related support are non-refundable.

You are solely liable for performing and storing a backup copy of Your data, files and hosting account prior to requesting customer support and agreeing to any interference or operation, provided by Digital Drivers. In the event You are not satisfied with the outcome of any action You shall be solely responsible for restoring the backup copies of Your data. You should not abuse the HelpDesk system. Abuse of the HelpDesk system includes, but is not limited to, an excessive number of Live Chats and Tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for opening Live Chats, posting Tickets, etc. Any abuse of the HelpDesk system may result in a warning, HelpDesk access restrictions, account suspension or possible account termination with no refund. Digital Drivers has the sole right to decide what constitutes an abuse of the HelpDesk system.

Private Email TOS

This Digital Drivers Email Terms of Service agreement (“Agreement”) is elaborated and may be reviewed from time to time in order to set forth the rules and conditions of Your use of the Digital Drivers Email powered by Open-Xchange (“Services”) delivered by Digital Drivers. In this Agreement “You” and “Your” refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. By using the Services, You acknowledge and covenant to abide by the below terms and conditions, along with any new, different or additional terms, conditions or policies, including, but not limited to, the Hosting Terms of Service and Acceptable Use Policy posted in the Legal section of Digital Drivers web site. All such guidelines or rules are hereby incorporated by reference into the Agreement. Your continued use of the Services constitutes Your agreement to all such terms, conditions, and notices.

General Use Statements

Account Start-Up

You expressly understand that the Services require being linked to a domain name to be operational. By purchasing Services You imply that the associated domain name belongs to You or You possess the domain access rights. When You purchase a Services subscription for a domain name not registered with Digital Drivers You have forty-eight (48) hours to confirm yourself to be the owner of the domain. If ownership is not asserted within these time frames, the newly purchased product will be canceled with an automatic refund to Your Digital Drivers account balance. We may render assistance with the Services account start-up if a corresponding timely request is submitted to the Hosting – Digital Drivers Email Support department.

Usage Limitations and Account Provisions

You acknowledge that Digital Drivers may introduce general practices and limits toward use of the Service, including but not limited to the maximum number of days that email messages are retained by the Service, the email outgoing and incoming restrictions, the maximum size of an email message or file attachment that may be sent from or received by an account, the maximum disk space that will be allotted to You on Digital Drivers servers. You agree that Digital Drivers is not responsible or liable for the deletion or failure to store any messages or other communications received or transmitted using the Services. You further acknowledge that Digital Drivers retains the right to change these general including but not limited practices and limits at any time in accordance with the ‘Modification Terms’ section of this Agreement below.

Each of Your email accounts is limited to its allocated resources (including but not limited to email and file storage) in accordance with the subscription plan.

Depending on the time of service Your account is limited to the outgoing emails to 500 emails per hour. We may decrease this limit, at Our sole discretion, if your account confidence should be confirmed. The following limits apply to additional services: Maximum number of calendar appointments 100,000; maximum number of tasks 10,000; maximum number of contacts in address book 100,000; maximum number of files in drive 100,000; maximum number of personal information manager attachments (i.e. tasks, appointments, etc.) 100,000.

Storage and Security

You are responsible for the security of Your password. Digital Drivers will not change passwords to any account without proof of identification, which is satisfactory to Digital Drivers, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that Digital Drivers will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Digital Drivers be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless Digital Drivers from any and all claims arising from such ownership disputes. If you are required to supply or transmit sensitive information to Digital Drivers you should take all due precautions to provide any sensitive information over a secure communication channel.

At all times, You shall bear the full risk of loss and damage to Your email account and all of Your content. You are entirely responsible for maintaining the confidentiality of Your Account access credentials (including but not limited to Your customer username/login, support pin code, password) and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your content transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) ensure the security, confidentiality, and integrity of Your email content transmitted through or stored on Digital Drivers servers; and (iii) ensure the confidentiality of Your password. Digital Drivers shall have no liability to You or any other person for Your use of Digital Drivers products and/or services in violation of these terms.

Content

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted to You or by You through the Services, are the sole responsibility of the person from whom such Content originated. This means that You are entirely responsible for all Content You upload, email, transmit or otherwise make available via the Services.

Digital Drivers shall exercise no control over the content transmitted via the Services and, as such, does not guarantee or accept responsibility for its accuracy, integrity or quality. You understand that by using the Services, You may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Digital Drivers be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content uploaded, emailed, transmitted or otherwise made available via the Services. Digital Drivers has no obligation to monitor the content transmitted via the Services.

Backups

Digital Drivers servers of Service are backed up daily and are stored for 5 days. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration and internal purposes only. It is Your responsibility to maintain local copies of Your account content and information. If loss of data occurs due to an error of Digital Drivers, We will attempt to recover the data for no charge. If data loss occurs due to Your negligence in securing Your account or by any other Your action, Digital Drivers may attempt to recover the data from the most recent archive for a $15.00 fee.

User Obligations And Preventative Measures

By using the Services You acknowledge You are bound to perform contractual obligations deriving from this Agreement and follow generally accepted rules of “Netiquette”. We may take preventive or corrective actions, at Our sole discretion, in response to any of the activities described in this Digital Drivers Email Terms of Service agreement, along with any activities that contradict the spirit of this NE TOS or the nature of the Internet as an open, efficient method of communicating and conducting business.

Prohibited Activities

By using any Services, provided by Digital Drivers You agree not to misuse the Services. For example, you must not and must not attempt to:

  • violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
  • make, attempt or allow any unauthorized access to Digital Drivers website, servers, Your own account or the account of any other customers of Digital Drivers.
  • cause a denial of service attacks, port scans or other endangering and invasive procedures against Digital Drivers servers and facilities or the servers and facilities of other network hosts or Internet users.
  • upload or transmit unacceptable material which includes: IRC bots, warez, file dump, Escrow, High-Yield Interest Programs (HYIP), sale of any controlled substances without providing proof of appropriate permit(s) in advance, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
  • engage in or to instigate actions that cause harm to Digital Drivers or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by any online spam database, actions resulting in DDOS attacks for any servers, etc. Digital Drivers reserves the right to refuse service to anyone at Our discretion. Any material that in Digital Drivers judgment is either obscene or threatening is strictly prohibited and will be removed from Digital Drivers servers immediately with or without prior notice and may lead to a possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the Acceptable Use Policy as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of the Terms of Service or Acceptable Use Policy is found, Digital Drivers will take corrective action at Our own discretion and will notify You. Our decision in such case is binding and final, and cannot be a subject of a further change. Digital Drivers cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Digital Drivers or any other third party. We have the right to terminate each and any account that has been locked for abuse reason for more than 14 calendar days after the lock date unless You have taken corrective measures to remove the initial lock threat or violation. Any backup copies of the email account will be permanently deleted upon termination with no refund. Digital Drivers will not be liable for any loss or damages in such cases.
  • violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.
  • probe, scan, or test the vulnerability of any system or network;
  • breach or otherwise circumvent any security or authentication measures;
  • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading any part of the Services;
  • plant malware or otherwise use the Services to distribute malware;
  • access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
  • publish anything that is fraudulent, misleading, or infringes another’s rights;
  • promote or advertise products or services other than your own without appropriate authorization;
  • impersonate or misrepresent your affiliation with any person or entity;
  • publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
  • violate the law in any way, or to violate the privacy of others, or to defame others.

Normal operation and provision of the Services does not imply Digital Drivers interfering or monitoring of the content associated with the Services, but You acknowledge that Digital Drivers has the right (but not the obligation) in Our sole discretion to refuse, delete or move any such email, file, or associated content that is available via the Services if it violates the Agreement or is deemed by Digital Drivers, in its sole discretion, to be otherwise objectionable.

Anti-Spam Policy

You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages.

All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In into mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to Digital Drivers. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. Digital Drivers prohibits the following activities listed without limitation hereunder:

  • Usage of the Digital Drivers network and systems to receive replies to unsolicited mass e-mail messages.
  • Transmission of any unsolicited commercial or bulk email, engagement in any activity known or considered to be spamming or Mail Bombing.
  • Inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
  • Forgery of e-mail headers (i.e. “spoofing”).
  • Forgery of the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
  • Spamming using a third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
  • Configuring mail servers to accept and process third-party emails for sending with no user identification and/or authentication.
  • Engagement in spamvertising or provision of any services that support spam.
  • Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, use net posts, popups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
  • Advocating any activities prohibited by this Agreement.

If We determine any facts constituting that You have deliberately or recklessly used Our Services for sending of SPAM e-mail messages, We reserve the right to terminate Your account and/or assess a $500 charge upon Your account, which shall serve to compensate Us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event We determine that You have deliberately or recklessly engaged in SPAM activity, We may assess the fee entirely at Our full discretion. The fee will be charged to Your account, in accordance with the payment information submitted by You as part of Your acquisition of Our Services. You further agree that in the event We determine that You have deliberately or recklessly engaged in SPAM activity We may share information regarding Your activities, including but not limited to Your identity, with the various anti-SPAM organizations and/or blacklists. We take all SPAM issues extremely seriously and will take redress of such activity whenever We deem necessary.

Payment Terms

Payment Cycle

Your billing date will be determined based on the day You purchased the Services and the payment cycle plan. If You selected the automatic renewal option when signing up, Digital Drivers will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at then-current Digital Drivers rates.

Renewal Terms

All fees for the Services shall be in accordance with Digital Drivers fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Renewal fees after the initial term shall be due and owing immediately upon the first day of such renewal period. The overdue balance shall lead to Your email account lock and, as a result, access to the Services will be limited.

Prior to the expiration date of the Services, You will have the option to renew Your subscription using Digital Drivers’ automated processing system. Digital Drivers will notify You several times that the Services are about to expire. These emails include the renewal instructions and are sent to the email address stored in Your account contact details. Digital Drivers shall not be held responsible or liable in the event You fail to take the necessary steps to renew the Service, if the provided email address is erroneous or out of date, and/or if You fail to receive the Services expiration notification. You shall assume sole responsibility for renewing Your Services. If the automatic renewal feature is enabled for Your subscription, Digital Drivers will try to renew Your Services 30 days prior to the renewal date and will take payment in accordance with the designated payment method at then-current Digital Drivers rates.

Failed Renewal Fees and Service Restoration

If the outstanding balance is not paid by You within 30 days after the billing date of Your Service Digital Drivers reserves the right to terminate Your Service with automatic deletion of Your account content. In order to reactivate the Service, the outstanding balance is to be remitted in full. There will be a $15.00 fee to reinstate accounts that have passed grace or redemption periods or been terminated.

Digital Drivers shall guarantee that the reinstated account data will be uncorrupted or reflect the latest changes as the backup provision and restoration are governed by section ‘Backups’ of this Agreement.

For closed accounts, there is a $15.00 per incident charge for all inquiries regarding previous Services and/or support. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by You.

If You improperly chargeback for the Services rendered, We may disable the ability to transfer any other Your Digital Drivers services away from Digital Drivers.

Cancellation And Refund Terms

Termination Policy

The initial term of Your Agreement with Digital Drivers shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, if You selected the automatic renewal option when signing up, Your agreement with Digital Drivers shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or canceled by either party.

This Agreement may be terminated: (i) by You by submitting a cancellation request via the Help-desk support system at least three (3) working days before the Service is due to renew; or (ii) by Digital Drivers at any time, without prior notice and all payments forfeited, if, in Our judgment, You are in violation of any terms or conditions herein; or (iii) in Our sole judgment, Your use of the Services places or is likely to place unreasonable demands upon Digital Drivers or could disrupt Digital Drivers business operations; or (iv) by Digital Drivers if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and Digital Drivers.

In the event of termination or suspension of Services under the above circumstances, You agree (a) that no prepaid fees will be refunded to You; and (b) that Digital Drivers may take control of any domain name associated with the terminated Services, provided such domain name was registered through Digital Drivers domain name registration.

In the event of termination of this Agreement caused by Your default hereunder, You shall bear all costs of termination, including any reasonable costs Digital Drivers incurs in closing Your account. You agree to pay any and all costs incurred by Digital Drivers in enforcing Your compliance with this Section. Upon termination, You shall destroy any copy of the materials licensed to You hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, Digital Drivers may delete all information related to You on the Services.

Modification Terms

Digital Drivers reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services with or without notice. You agree to be bound by any changes Digital Drivers may reasonably make to this Agreement when such changes are made. If You have purchased Services from Digital Drivers, the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, You agree to abide by and be bound by any such revisions or changes. You agree that Digital Drivers shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services.