1. Parties

This agreement is between Digital Stone (digitalstone.ca) and the customer as specified in the on-line application.

2. Usage policy

We reserve the right to suspend or cancel a customer’s access to any or all services we provided when we decide that the account has been inappropriately used. In short we do not allow certain activities hosted on our servers:

No adult content (No Pornography)
No online gambling
No Spam, No unsolicited e-mailing
No warez, pirating, cracks, copyright infringement
No hosting offsite backups or using the service as a file server
No seedboxes

3. Server abuse

Any attempt to undermine or cause harm to a server, or customer, of ours is strictly prohibited.

4. Unauthorized use of other people’s accounts or computers

We will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a customer, whether or not the attacked account or computer belongs to us, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

5. Abuse of Traffic and/or Storage

The intention is to provide space to serve web documents, not an offsite storage area for electronic files, or as a space for hosting download files. All of your web pages (html) must be ‘linked’ with files (.GIF, .JPEG, etc.) stored on our server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of our management.

We will be the sole arbiter as to what constitutes a violation of this provision.

6. Background Running Programs

The customer agrees not to run any kind of ‘server applications’. Every program/script that opens a port on the shared hosting server is considered a ‘server application’. These include but are not limited to IRC servers, IRC proxies, IRC bots. The customer understands that the services are subject to immediate termination without compensation for non-compliance with the policies. Further, the customer will be responsible for the full amount of any tangible and intangible damages this may cause. Digital Stone reserves the right to change the policies from time to time to reflect the dynamic nature of the Internet.

7. Payment Policies

All accounts are set up on either monthly or yearly invoicing. Setup fees may be charged for major account changes. All pricing is guaranteed for the term payment. We reserve the right to change prices at any time. Any account not brought current within a week (10 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies us in writing for a request for termination of services. Email Invoicing (Provided by PayPal) will be sent one week prior to your hosting renewal date.

8. Cancellation

We reserve the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by us if we institute our right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

All of our web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract.

9. Lawful Purpose

We reserve the right to refuse service to anyone. Customers may only use our servers for lawful purpose. Transmission of any material in violation of any Federal or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. We expressly forbid anyone from using servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of our management.

10. Governing Law

This Agreement will be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable in that Province and will be treated, in all respects, as an Alberta contract. Our server locations however, are in the United States.

11. Disclaimer

DIGITAL STONE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. DIGITAL STONE MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. DIGITAL STONE DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY DIGITAL STONE AND ITS EMPLOYEES. DIGITAL STONE RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF DIGITAL STONE MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELATION.