This Agreement is between Digital Opera and the person/persons who use any of our digital services . Please read carefully to ensure you understand our terms before purchasing any of our products or services.
Terms are based on your chosen plan, monthly or annual. Plans renew automatically according to your plan unless you login to your account and cancel them, or contact us to cancel them. You can cancel at anytime, see below for refund information.
All customers are responsible for the amount of service we provide in a given month. Customers who are approaching the limits of their plan or requesting services outside of their plan will be sent an email with the option to either upgrade their plan, pay the overage at the end of the month, or to have us stop work until the following month. We do retain the right to suspend accounts for continuous overages or non-payment of agreed overages. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.
Plans are renewed based on the term of the plan (monthly or annually). We require a credit / debit card or bank transfer on file with us and your payments processed automatically on the invoice due date. This helps us in keeping costs low. All accounts are set up on a pre-pay basis. Digital Opera reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of email notice or exceeding this time frame in any way is subject to suspension. You are responsible for all fees owed on the account from the time it was established to the time that you notify Digital Opera to terminate services. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length unless cancelled beforehand.
Customers agree to use our services under the Acceptable Usage Policy which is hereby incorporated within this agreement. Customers agree that Digital Opera holds the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of Digital Opera notice to Customer that an amendment has been made, or the first day of any renewal term that begins subsequent to the amendment. Customer agrees to cooperate with Digital Opera’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Digital Opera and Customer regarding the interpretation of the AUP, Digital Opera’s commercially reasonable interpretation of the AUP shall govern.
Customer represents and warrants to Digital Opera that the information he or she has provided and will provide to Digital Opera for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Digital Opera that he or she is at least 18 years of age. Digital Opera may rely on the instructions of the person listed as the Primary Customer Contact on the order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.
Digital Opera provides support for you that encompasses all area of our expertise. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues, marketing issues, online advertising, web design, application design and development or any service listed on the service page of DigitalOpera.com.
However, under no circumstances is Digital Opera obligated to help you in providing assistance for any errors produced by any applications that have been modified by you or an outside contractor previously.
We highly recommend you find a local IT provider to support your local devices. There are too many variations of hardware, software and client software for us to support them all. We also recommend the use of a 3rd party email solution, such as Gsuite from Google, Outlook or Exchange from Microsoft.
If, however, you choose to use email from our servers/service, we will provide all the information needed to setup your local device (desktop, laptop, tablet or phone) and work with you for up to one hour to setup and configure those devices. Beyond one hour will incur additional charges per user.
Upon request, we will track an email that you sent; However if it shows as “Delivered” to your recipient, and they did not get that email, the issue is has a 99.9% chance of being a problem on their end. We will always make sure nothing about your email is preventing it from getting delivered, but we cannot support the recipients system. Email tracking is limited to one quarter hour per incident, and after that will incur additional charges.
Customer agrees to indemnify and hold harmless Digital Opera, Digital Opera’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including our reasonable attorney fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS DIGITAL OPERA AGAINST LIABILITIES ARISING FROM:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH DIGITAL OPERA’S SERVICES.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS OR SERVICES SOLD TO CUSTOMER FROM DIGITAL OPERA’S SERVERS.
Digital Opera does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law Digital Opera disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an “As Is” basis.
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Digital Opera and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount paid by customer for the service.
Customer agrees that Digital Opera may suspend services to Customer without notice and without liability if: (i) Digital Opera reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Digital Opera reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Digital Opera fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by Digital Opera prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Digital Opera describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.
Customer agrees that Digital Opera may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Digital Opera believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Customer agrees to maintain a current copy of all content hosted by Digital Opera not with standing any agreement by Digital Opera to provide back up services.
Upgrades and other changes in Digital Opera’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. Digital Opera reserves the right to change its network in its commercially reasonable discretion, and Digital Opera shall not be liable for any resulting harm to Customer.
Notices to Digital Opera under the Agreement shall be given via electronic mail to the email address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his or her notice address by a notice given in accordance with this Section.
Digital Opera shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Digital Opera’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
The Agreement shall be governed by the laws of the State of Arizona, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on Digital Opera unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Digital Opera’s prior written consent. Digital Operas approval for assignment is contingent on the assignee meeting Digital Opera’s credit approval criteria. Digital Opera may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
All files stored on Digital Opera’s servers must be legally owned and be accompanied with a valid license and/or copyright. This includes and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within your account, the files will be subjected to deletion.
Digital Opera reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Digital Opera if we institute our right of cancelation, except in the event that such cancellation is as a result of Customer’s violation of our AUP or this Agreement. Any violation of policies which results in extra costs will be billed to Customer.
Digital Opera may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for your Services. Any such promotions or modifications shall not effect your obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
Material accessible to you through Digital Operas services may be subject to protection under United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, you must not use Digital Opera or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Digital Opera network. If you use a domain name in connection with Digital Opera or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the Digital Opera network in an 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 a server or account you are not expressly authorized to access, password cracking, probing the security of other networks in search of weaknesses, or violation of any other organization’s security policy. You may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Digital Opera 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. Users who violate system or network security may incur criminal or civil liability.
Digital Opera shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Digital Opera. Digital Opera reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Domains purchased by you or by Digital Opera on your behalf are owned entirely by you. Your registration will remain private to shield you from SPAM, but your information will be in the underlying Registrant fields as the lawful owner of the domain.
If you are on a qualified plan, your primary domain renewal fees will be included as part of your plan at no additional charge for as long as the plan is active and paid.
Additional domains names are subject to the following:
Digital Opera reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Your requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed your registration in an email from Digital Opera to the email address indicated in your registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Digital Opera) in connection with the payment of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to Digital Opera as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Digital Opera will reinstate your domain name registration solely at Digital Opera’s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transferring a Domain Away From Digital Opera
Digital Opera reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
– No response from the Registered Name Holder or Administrative Contact
– Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for a lock status change
Customer agrees and acknowledges that the failure or success of a domain name transfer will be his/her sole responsibility, and Digital Opera will not be held liable for the failure of a domain name transfer for any reason.
Domain registrations are non-refundable. Please do not purchase a domain name until you are certain that it is exactly what you would like to buy.
Digital Opera reserves the right to refuse service to anyone. You may only use Digital Opera services for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to co-operate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: “Pirated Warez”, OGG, AVI, MPEG, ISO, “Hacker programs or archives”, “Copyrighted Digital Movie Copies (DIVX)” and “Unlicensed MP3”. The designation of any materials as such described above is left entirely to the discretion of Digital Opera management.
If illegal content or usage is found, the account will be suspended and/or terminated. You agree that Digital Opera may disclose any and all of your 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.
Transferring to Digital Opera: Digital Opera reserves the right to refuse any transfer that contains malicious code, poor development workmanship or for any other reason. Digital Opera will be responsible to move or transfer your website to us. however, complications that may not have been visible prior to attempting the transfer may arise. In most cases, we will do our best to work through those complications. However, if the complication is too extreme, we may provide a proposal for the additional costs that you can accept or deny.
When transferring away from Digital Opera, we do not warranty the work of the new website recipient, and we limit support to providing access at your request.