All DWD customers must abide by the following Terms and Conditions of service: This Web Hosting Agreement (this "Agreement") sets forth the terms and conditions of your use of Digital Web Designs, LLC ("DWD") for web hosting services. You certify that you are at least 18 years of age. To become a Digital Web Designs account holder, you must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules on the Online Order forms and any policies that are or may be published by Digital Web Designs. This Agreement will become effective when accepted by Digital Web Designs. By posting notice 30 days in advance at a web page available on our web site (http://www.cyberdwd.com), Digital Web Designs may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services.

Scope of Services and Your Obligations

1.1. This Agreement defines the terms and conditions of Digital Web Designs's services as offered by Digital Web Designs and used by you, including the provision of web hosting services on Digital Web Designs's servers and connectivity to the Internet (the "Services"). Digital Web Designs will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, Digital Web Designs maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion. Digital Web Designs uses the phrase "unlimited resources" to be defined as: "within the limits of the specific server that the hosting account resides on." Calculating this amount also must take into consideration preserving the integrity of all of the servers safe performance parameters and specification.

1.2. As part of the Services, Digital Web Designs will also provide your own web-based control panel (the "Control Panel") containing links to your payment history, summaries of the Services you have chosen, newsletters and other current information.

1.3. You are responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the "Upload Materials") to your website, and you hereby warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that all Upload Materials will function properly and as intended. You are responsible for all activity originating from your website, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your website that may be put on by a third party (such as the usage of Free For All links pages). Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website, and includes, but is not limited to, the following: web publishing requires knowledge of HTML, properly locating and linking documents, FTPing web contents, graphics, text, sound, image mapping, etc.; FrontPage web publishing requires knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability; CGI-scripts requires knowledge of the UNIX environment, tar & gunzip commands, Perl, CShell scripts, permissions, etc.; and mail requires knowledge of use of mail clients to receive and send mail, etc. You acknowledge that you have the necessary knowledge to create, modify and maintain your website. Digital Web Designs assumes no responsibility to provide you with such knowledge.

1.4. In connection with the Services, Digital Web Designs may provide for your use certain tools and software, including, but not limited to, certain specialty scripting software and/or certain programming language software for designing websites (collectively, the "Tools"). Access to these Tools may be accessed via your Control Panel. These Tools are copyrighted and proprietary property owned by Digital Web Designs. To the extent that such Tools are provided to you, you are granted a nonexclusive, nontransferable license to use the Tools in object-code form only for your internal use, solely in connection with the Services provided under this Agreement.

1.5. Every hosting account with Digital Web Designs features a 30-day money back guarantee. If you choose to cancel your account within the first 30 days and notify us by calling the Customer Service number or using the form located at: http://www.cyberdwd.com/contact.php, we will refund all routine account fees, exclusive of any set up or domain names fees. Accounts closed after 30 days do not qualify for refund of any pre-paid fees.

1.6. For server restoration purposes only, Digital Web Designs makes full back-ups of websites weekly, and backups of new/changed data nightly; however, Digital Web Designs makes no guarantees of any kind, either expressed or implied, as to the integrity of these back-ups. You are responsible to maintain local copies of your website. If loss of data occurs due to an error of Digital Web Designs, Digital Web Designs will attempt to recover the data for no charge. Otherwise, Digital Web Designs will attempt to recover the data from the most recent archive for a $50 fee.

1.7. Digital Web Designs reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. Digital Web Designs will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not Digital Web Designs's intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.

1.8. You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that Digital Web Designs is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, Digital Web Designs will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, Digital Web Designs has a policy of terminating accountholders who are copyright infringers.

Digital Web Designs DMCA Statement

Digital Web Designs is committed to complying with U.S. copyright laws and expects all end users who access some of our Services but do not have accounts ("Visitors") as well as those who pay a monthly service fee to subscribe to the Services ("Members") to do the same. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. Under the DMCA, copyright owners may contact the authorized agent of an Internet Service Provider to report alleged infringements of their protected works appearing on web pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, Digital Web Designs will remove or block access to the allegedly infringing material. If a Member or user of the Digital Web Designs Service believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counternotice to Digital Web Designs. Digital Web Designs will not be a party to disputes over alleged copyright infringement.

Notification of Claimed Copyright Infringement

If you believe that a web page hosted by Digital Web Designs is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with the Digital Web Designsdesignated agent in the manner described below.

By telephone: 506-8830-623
By email: info@cyberdwd.com

For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:

  • A. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
  • B. Identification of the copyrighted work claimed to have been infringed.
  • C. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Digital Web Designs to locate the material.
  • D. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
  • E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
  • F. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).

You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.

Counternotification to Claimed Copyright Infringement

If a notice of copyright infringement has been filed against you, you may file a counternotification with the Digital Web Designs designated agent at the address listed above. Such counternotification must contain the following information:

  • A. A physical or electronic signature.
  • B. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • C. A statement under penalty of perjury that the Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
  • D. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant.

If Digital Web Designs receives a valid counternotification, the DMCA provides that the removed material will be restored, or access re-enabled. Please be advised that U.S. copyright law provides substantial penalties for a false counternotice filed in response to a notice of copyright infringement.

1.9. Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on Digital Web Designs's servers nor the links to other websites are screened, approved, reviewed or endorsed by Digital Web Designs. Digital Web Designs is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not Digital Web Designs's statements of advice, opinion or information.

2. Limited Warranty; Limitation of Liability; Indemnification

2.1. Disclaimer of Warranties. You acknowledge that the Services are provided "as is." Neither Digital Web Designs, nor any of its employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. Digital Web Designs is not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, noninfringement, merchantability or fitness for a particular purpose of information available on its servers or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will Digital Web Designs be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.

2.2. Limitation of Liability. IN NO EVENT SHALL Digital Web Designs BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE Digital Web Designs's SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF Digital Web Designs's SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF Digital Web Designs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS DESCRIBED HEREIN WILL ALSO APPLY TO ALL DOMAIN NAME DISPUTES, INVOLVING BOTH NEW DOMAIN REGISTRATIONS AND RENEWALS OR ANY FAILURE TO RENEW. NO EVENT SHALL Digital Web Designs's MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Digital Web Designs FOR THE SERVICES DURING THE PRIOR ONE (1) MONTH or the fees associated with domain name registration.

2.3. Indemnification. You agree to indemnify, defend and hold Digital Web Designs and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Digital Web Designs's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Digital Web Designs's equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Digital Web Designs's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

3. Payment of Fees

3.1. Digital Web Designs will publish a notice of fee increases 30 days before such increases take effect on the web site. A listing of current monthly and/or annual fees can be found at the http://www.cyberdwd.com.

3.2. You agree to provide Digital Web Designs with accurate and complete billing information, including your legal name, address, telephone number, e-mail address and applicable payment date and to update this information immediately if any change occurs. You must secure your account with a valid credit card. Payments must be submitted in advance of receiving the Services.

3.3. You acknowledge that Digital Web Designs will bill your credit card prior to the Payment Interval you have chosen. You authorize automatic billing by Digital Web Designs on an on-going basis during the term of this Agreement. All accounts will be billed at each designated interval (monthly, quarterly, or annually) automatically and without specific notice. You are responsible for terminating account(s) and associated billing except as noted here in cases of violation of Digital Web Designs policies. You are responsible for any overdraft or over limit fees that may result if there are insufficient funds in your account to cover your hosting or domain name or related service fees. Further, you authorize Digital Web Designs to charge any overdraft or over limit fees to your account.

3.4. Delinquent accounts are those that remain unpaid at the beginning of the next Payment Interval. The Services will be suspended if your account is delinquent, and Digital Web Designs will insert a message at your website indicating your suspension that visitors to your website will see. Notwithstanding any other rights Digital Web Designs may have in this Agreement, all of your website contents will be destroyed if your account is delinquent for 60 days. Digital Web Designs accounts continue to accrue charges while they are delinquent or if the Services are suspended.

3.5 The term of this agreement is specified by the user via the order form, and renewal of the term along with associated billing will be done as detailed in section3.3 above.
3.6. You acknowledge responsibility for your account until payment in full is made.

4. Acceptable Uses

4.1. Use and Misuse of the Services. All complaints of abuse, violation and misuse of the Services, whether described in this Section 4 or otherwise, shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please ask first: abuse@cyberdwd.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it.
You are responsible for all use of your website, with or without your knowledge or consent.

You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited.

When Digital Web Designs becomes aware of possible violations of this Agreement, Digital Web Designs may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on Digital Web Designs's servers.Digital Web Designs, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability.

BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD Digital Web Designs HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY Digital Web Designs AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM Digital Web Designs AS A RESULT OF Digital Web Designs's DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF Digital Web Designs's CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.

4.2. Use and Misuse of Materials. Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain.

You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Pornography and sex-related merchandising, or links to such material, even if legal, are not acceptable uses of Digital Web Designs's servers. You may not post, upload or otherwise distribute copyrighted material on Digital Web Designs's servers without the consent of the copyright holder.

Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX.

Digital Web Designs supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, Digital Web Designs will not substitute itself for a court of law in deciding tort claims raised by the third party.

4.3. Email Use. Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); passive spamming (promoting a website hosted by Digital Web Designs by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generating a higher volume of outgoing mail than a normal user (over 10% of available system resources); propagating chain letters; and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. If you are repeatedly mailbombed or attract such behavior, the Services will be terminated.

You should not send email to any user who does not wish to receive it, either at Digital Web Designs or elsewhere. Digital Web Designs recognizes that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop.

Digital Web Designs reserves the right to zip (compress) any customer email box that exceeds 50 megs in size. Customers with zipped boxes will be notified and instructed on how to access or download their zipped email files. If zipped boxes remain unaccessed for 30 days Digital Web Designs reserves the right to delete the email box.

You may not alter the headers of email messages to disguise their identity or to prevent users from responding to the messages. Digital Web Designs may disclose the usernames of accounts responsible for forged email messages to system administrators or users requesting the information.

Violations of the Digital Web Designs policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that Digital Web Designs resources are affected, Digital Web Designs staff may shut down your mailbox.

Digital Web Designs reserves the right to subscribe to multiple RBLs (real-time blocking lists) and other server-wide spam and virus fighting measures we deem necessary to automatically block known open SMTP relays and known spamming relays. As per Section 2, Digital Web Designs will not be liable for any costs or damages associated with any failure to receive legitimate email due to our spam fighting procedures. Clients do have the option to request relocation of their service to a non-RBL configured server by contacting Digital Web Designs support.

4.4. System Security. You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at Digital Web Designs or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

If you are involved in violations of system security, Digital Web Designs reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. Digital Web Designs will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

4.5. System Resources. System abuse includes any use of Digital Web Designs resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space.

Any usage of 10% or more of Digital Web Designs's system resources is an undue burden on Digital Web Designs's system and is unacceptable. If your usage ever exceeds 10% of system resources, your account may be terminated immediately and without prior notice.

Further, running programs in the background on a Digital Web Designs server without Digital Web Designs's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more then 1,000 emails a day and the like are not acceptable uses of Digital Web Designs's servers.

Due to their use of flat files instead of databases, Digital Web Designs does not allow the use of UBB or YABB bulletin boards. Use of these boards for large or very active forums may result in system performance degradation, and cannot be allowed in our shared server environment. Digital Web Designs suggests using VBulletin or phpBB as more efficient, database-driven alternatives to these bulletin boards.

5. Digital Web Designs's Right to Terminate Agreement

(a) Digital Web Designs reserves the right to suspend or terminate the Services to you and remove or prevent access to any material from your website at any time, without prior notice or liability, for any conduct that Digital Web Designs, in its sole discretion, believes violates this Agreement or is otherwise harmful to Digital Web Designs's interests or the interests of other accountholders.
(b) Digital Web Designs also reserves the right to comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, interpleader or other judicial or equitable relief (and, pending such action, to suspend all access to your website) if any third-party claim is made that your website content or use violates any of the acceptable uses or your obligations or representations described in this Agreement.

6. Cancellation of Accounts

6.1. You must cancel your Digital Web Designs account by using the Cancel Domain Name form. Accounts closed after 30 days of initiation or annual renewal do not qualify for refund of any pre-paid fees, including annual accounts.
6.2. All Digital Web Designs accounts must be paid in full before the cancellation will be considered complete.
6.3. If your account is suspended or terminated for any reason permitted by this Agreement, Digital Web Designs may, at its sole discretion, permanently delete your website contents from Digital Web Designs servers, and Digital Web Designs will not be able to reopen or restore such content.

7. Arbitration; Governing Law

7.1. Except for Digital Web Designs's compliance with take-down provisions of the DMCA or injunctive or other equitable actions initiated by Digital Web Designs pursuant to Section 5(b), if any controversy or dispute arises in connection with this Agreement, the Services or your use of Digital Web Designs's servers, such controversy or dispute shall first be presented for resolution by Digital Web Designs and you. If no resolution is reached within 7 days thereafter, then such controversy or dispute shall be resolved by binding arbitration in Columbus, Ohio, under the then-current rules of commercial arbitration of the American Arbitration Association. Each party shall select an arbitrator with expertise in computer law and the Internet, and these two arbitrators shall select the third arbitrator with such expertise. The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Ohio (without regard to conflicts of laws principles).

7.2 You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Columbus, Ohio, for any action, suit or proceeding arising out of or relating to Section 5(b) of this Agreement and the arbitration contemplated by this Section 7.

8. Miscellaneous

You may not assign your rights and obligations under this Agreement without the prior written consent of Digital Web Designs, which may be withheld at Digital Web Designs's discretion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Digital Web Designs to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by Digital Web Designs of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any action for any claim arising under, or in connection with, this Agreement must be commenced by you within one year after the alleged cause of action has accrued or after the date of termination of this Agreement, whichever is earlier. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision. No provision of this Agreement may be amended or modified by you except by means of a written document signed or expressly assented to by Digital Web Designs. All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive. This Agreement and the Online Order form, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and Digital Web Designs and supersede and govern all prior proposals, agreements, or other communications.

9. Dedicated Servers and root access

Client may install or permit others to install, any operating, or Internet connectivity software, or interfaces, enhancements or upgrades thereto or to the Software, on the Server. Failure to permit upgrades to the installed customized versions of certain third party software or Client alterations made to certain third party software including Apache, PHP (including building support into Apache Linux Kernel upgrades), system libraries, or MySQL upgrades may adversely affect server performance. Any and all costs for work required to remedy corruption to data, damage to Hardware or Software, or other harm resulting from installation, modification or deletion of any software or other files by Client shall be Client’s sole responsibility, and Client shall indemnify Digital Web Designs in full for same. Without limiting the generality of the foregoing, Client agrees that installation, modification or deletion of files that results in or contributes in any way to any outage or damage to any Hardware, Software or Services shall result in liability to Client for technical support costs at a rate of $150 per hour until the issue caused by the activity is resolved to Digital Web Designs’s sole satisfaction. Under no circumstances shall Digital Web Designs be required to provide any support with respect to any software or other files installed, modified or deleted by Client with or without Digital Web Designs’s consent.

Client shall comply, and shall cause all Client Customers or other third parties gaining access to the Hardware or Software through Client to comply, with Digital Web Designs's then-current acceptable use and privacy policies (collectively, "User Policy"), as they may reasonably be amended by Digital Web Designs from time to time and which are available through Digital Web Designs's Web site at http://www.www.cyberdwd.com/support/policy.html. In the event of any conflict between such Acceptable Use Policies and any terms and conditions of this Agreement, this Agreement shall govern. Digital Web Designs reserves the right to lock out, suspend or shut down any domains or Web sites that violate any Acceptable Use Policy.

Please note that backup practices differ with dedicated servers depending on the type of service purchased. See the Dedicated Server web page for more details.

Digital Web Designs has a responsibility to ensure that each of our clients is provided with the best services we have available. While we back up files continuously, we are in no way responsible for the archiving of a site. It is the sole responsibility of the site creator to copy, back-up or archive all files that constitute a web site.

10. Consent to contract electronically

By clicking any Digital Web Designs order form "Submit Order" button, you agree to be bound by and to comply with this Agreement just as if you had signed it, and clicking the "Submit Order" button is the legal equivalent of your signature on a written contract.

The following guidelines also apply:
Content All services provided by Digital Web Designs may 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 City law is prohibited. This includes, but is not limited to copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Digital Web Designs from any claims resulting from the use of the service, which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all Digital Web Designs servers. This includes sites that may infer sexual content or links to adult content elsewhere. Digital Web Designs will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to Digital Web Designs servers or any other server on the Internet.
Links to such materials are also prohibited.

Examples of unacceptable content or links:

  • Pirated software
  • Hacker programs or archives
  • Warez sites

Digital Web Designs will be the sole arbiter as to what constitutes a violation of this provision.

Free Domain Name For Life offer/New Domain Names
The Digital Web Designs Free Domain Name for Life offer is valid for as long as you are a Digital Web Designs customer. If the account is canceled at any time during the first year the fee for the domain name will be charged. Domain names are your property upon registration, and cannot be returned for refund. Owners of domain names obtained through Digital Web Designs will be contacted prior to the expiration of the domain name, and offered the opportunity to renew the regsitration for a one year period. Contact will be made to the email address(es) as entered by the owner at original account signup. Responsibility for renewing any domain name lies exclusively with the owner.

  • Changing primary account domain name, $25.00
  • There is a one-time fee of $25 for replacing an existing account domain name with another domain name, whether from spelling error(s) or other purposes.
  • Changing account type, $25.00
  • Chargeback fee, $30.00
  • There is a fee of $30 for credit card chargebacks, returned or refused checks, or any other form of refused, returned, or denied payment.
  • Unsuspension fee, $25.00 There is a fee of $25 automatically applied to all suspended accounts which must be paid in order to have accounts unsuspended. Traffic / Hits / Bandwidth Policy.

Digital Web Designs accounts are provided with the following traffic allowances:

  • Estándar - 10000 megabytes (10 GIGS)
  • Profesional - 12500 megabytes (12.5 GIGS)
  • Premium - 10000 megabytes (10 GIGS)

Bandwidth usage is a simple equation - number of visits times information sent in each visit. Since the average web page is about 50K in size, 10G equals roughly 100,000 page downloads a month! Larger files will increase traffic usage, but 10G bandwidth provide enough capacity for 99% of all web sites on the Internet, and if your site is becoming the next Yahoo, simply go to your control panel and click the Upgrade button and either buy more bandwidth at $5 a gig/month or upgrade to a larger account that comes with more.

To maintain the integrity of our service, the following will be considered violation of our Acceptable Use Policy, subject to immediate suspension:

  • Sites offering download files. (This is any site where 20% or more of their monthly traffic is from file downloads)
  • Sites using more than 20% of system resources.

Digital Web Designs will be the sole arbiter as to what constitutes a violation of this provision
Commercial Advertising | Email- Spamming, or the sending of unsolicited email, from an Digital Web Designs server or using an email address or domain that is maintained on an Digital Web Designs machine as reference is STRICTLY prohibited. Digital Web Designs will be the sole arbiter as to what constitutes a violation of this provision.
Chat Rooms- We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option

Background Running Programs - We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
IRC- We currently do not allow IRC or IRC bots to be operated on our servers.
Domain Pointing- Domain pointers are to be used for the purpose of having more than one way to find the same site, not for the purposes of sharing an account among multiple sites. A domain pointer may not be set up to reference a subdirectory within an existing Web hosting account served by Digital Web Designs or any other provider.
Server Abuse- Any attempt to undermine or cause harm to a server, or customer, of Digital Web Designs is strictly prohibited, and will result in immediate termination or prosecution.

Refusal of Service - We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Billing Problems and Termination Accounts paid by credit cards which are rejected by our online card processor are grounds for termination. If you need to replace your credit card info you can call our 506-88306230 number (please have your username and password handy) or use the following link to securely update your info: https://www.cyberdwd.com/contact.php. Because of the risk of credit card fraud, any account which offers two bad credit cards within any 6 month period will be subject to immediate termination.

All Sub-Networks, distributive hosting sites and dedicated servers of Digital Web Designs must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation without refund.