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AUP
ACCEPTABLE USE POLICY FOR ECOMMERCE SOLUTIONS, SHOPPING CART SOFTWARE, ECOMMERCE WEB SITE DESIGN

DigitalRiches' Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what DigitalRiches expects of them while using the service. All users of DigitalRiches' Internet services: those who access some of our Services (such as e-Commerce Solutions, Shopping Cart Systems and eCommerce Web Site Design) but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).

Use of DigitalRiches Service constitutes acceptance and agreement to DigitalRiches' AUP as well as DigitalRiches' TOS (Terms of Service)


IMPORTANT NOTICE: *All Payments To DigitalRiches Are Non-Refundable After Initial 30 days of Service*

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. DigitalRiches may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your DigitalRiches account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of DigitalRiches' Acceptable Use Policy. The following are guidelines for the establishment and enforcement of DigitalRiches' AUP:

  • Ensure reliable service to our customers
  • Ensure security and privacy of our systems and network, as well as the networks and systems of others
  • Comply with existing laws
  • Maintain our reputation as a responsible service provider
  • Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
  • Preserve the value of Internet resources as a conduit for free expression and exchange of information
  • Preserve the privacy and security of individual users

The DigitalRiches intends to provide its customers with complete e-Commerce Solutions, Shopping Cart Systems and eCommerce Web Site Design and access to everything the Internet has to offer. While the DigitalRiches is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the DigitalRiches and the Internet and cannot be permitted under the guise of free speech. The resources of the DigitalRiches and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your dedicated rack or virtual site to publish material, which DigitalRiches.Com determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If a DigitalRiches account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network (NeatResearch) community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at abuse@digitalriches.com.

VIOLATIONS OF DigitalRiches ACCEPTABLE USE POLICY
The following constitute violations of this AUP:

    the company = DigitalRiches

    providing services such ase-Commerce Solutions, Shopping Cart Systems and eCommerce Web Site Design

  1. Illegal use: DigitalRiches' services may not be used for illegal purposes, or in support of illegal activities. DigitalRiches reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

  2. Harm to minors: Use of the DigitalRiches service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

  3. Threats: Use of the DigitalRiches service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

  4. Harassment: Use of the DigitalRiches service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

  5. Fraudulent activity: Use of DigitalRiches service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

  6. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

  7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the DigitalRiches service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending DigitalRiches account.

    IMPORTANT NOTICE:
    BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

  8. E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending DigitalRiches account.

  9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the DigitalRiches service is in violation of this AUP.

  10. Usenet SPAMing:

    DigitalRiches has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

  11. Unauthorized access:

    Use of the DigitalRiches service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of DigitalRiches' or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending DigitalRiches account is subject to immediate termination.

  12. Copyright or trademark infringement:

    Use of the DigitalRiches service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

  13. Collection of personal data: Use of the DigitalRiches service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

  14. Network disruptions and unfriendly activity:

    Use of the DigitalRiches service for any activity which affects the ability of other people or systems to use DigitalRiches Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. DigitalRiches will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

  15. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

  16. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

  17. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

  18. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using DigitalRiches services could result in suspension service.

  19. Third Party Accountability: DigitalRiches subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

  20. Violation Of DigitalRiches Virtual Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

  • Your password provides access to your account. It is your responsibility to keep your password secure.
  • Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
  • Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
  • You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
  • You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
  • You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
  • Users who violate systems or network security may incur criminal or civil liability. DigitalRiches will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Network Performance

DigitalRiches accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of DigitalRiches systems or networks. DigitalRiches reserves the right to terminate or limit such activities.

REPORTING VIOLATIONS OF DigitalRiches AUP

DigitalRiches requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@digitalriches.com.

If available, please provide the following information:

  • The IP address used to commit the alleged violation
  • The date and time of the alleged violation, including the time zone or offset from GMT
  • Evidence of the alleged violation

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. DigitalRiches may take any one or more of the following actions in response to complaints:

  • Issue written or verbal warnings
  • Suspend the Member's newsgroup posting privileges
  • Suspend the Member's account
  • Terminate the Member's account
  • Bill the Member for administrative costs and/or reactivation charges
  • Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY

DigitalRiches reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

TOS (Terms of Service)

IMPORTANT NOTICE: *All Payments To DigitalRiches Are Non-Refundable*

DigitalRiches. ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of DigitalRiches Service constitutes acceptance and agreement to DigitalRiches' AUP as well as DigitalRiches' TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of DigitalRiches. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Texas, county of Harris applicable to contracts enforceable in that state. Venue will be Harris County, Texas

  1. Disclosure to Law Enforcement:
    The AUP
    specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition DigitalRiches shall have the right to terminate all service set forth in this Agreement.

  2. Service Rates:
    Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

  3. Payment:
    Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.

  4. Payments and Fees:
    We do not hold the details of any Credit card whatsover. Our payment gateway is handled by www.2checkout.com or www.paypal.com. Internationally renowned for their security and reliability. Payments that are not collected within 7 days or agreed schedule/anniversary will be promptly terminated. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

  5. Refund and Disputes:
    All payments to DigitalRiches are nonrefundable, after the initial 30 days of service. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in DigitalRiches' sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay DigitalRiches an "Administrative Fee" of not less than $50 and not more than $150.

  6. Failure to Pay:
    The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

  7. Account Cancellation:
    All requests for canceling accounts must be made by email with at least 30 days notice but not more than 60 days prior written notice and sent to cancellations@digitalriches.com. You must submit all account information to cancel.

  1. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

  2. New Domain Accounts:
    All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by DigitalRiches. on behalf of the account holder a handling fee will be incurred.

  3. Transfer of Domains:
    New webhosting accounts which involve the transfer of a domain from another provider to DigitalRiches. will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by DigitalRiches. on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

  4. Support Boundaries:
    DigitalRiches, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: DigitalRiches provides support related to your server or virtual site physical functioning. DigitalRiches does not offer tech support for application specific issues such as cgi programming, html or any other such issue. DigitalRiches does not provide technical support for YOUR customers. If you can email, we encourage you to email support@digitalriches.com or submit a trouble-ticket for assistance. If you are able to get online and have other questions, the answers may be on our home page at http://www.digitalriches.com/ - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before submitting a trouble-ticket for tech support.

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