Terms and Conditions of Use

This is a service agreement ("Agreement") for web site hosting service ("Service") between you, the subscriber, and Digital Image DelightsTM ("DID"). If there is any inconsistency between this agreement and laws, statutes, regulations or tariffs in effect now or in the future, such will amend this Agreement. ACCEPTANCE OF THIS AGREEMENT IS REQUIRED FOR SERVICE. 1. Service. Service is subject to limitations caused by the telecommunications infrastructure, atmospheric or technical conditions and may be temporarily unavailable, limited, interrupted or curtailed as necessary or appropriate for the proper operation of the Service or for other business purposes. The Internet uses the telecommunications infrastructure to transmit voice and data and cannot be guaranteed to be private. 2. Use. You agree to use the Service in accordance to our Acceptable Use Policy as posted at http://www.digitalimagedelights.com/aup/. Resale of the Service is subject to separate contractual agreements with DID. You are responsible for maintaining your computer system and ensuring that it is technically and operationally compatible with our service. You have no ownership rights to your domain name or the IP address assigned to your domain name. It is your responsibility to maintain your domain name agreement with the appropriate domain name registration service unless it is in agreement to have DID maintain it for you. 3. Term. The term of the Agreement begins on the date of the acceptance of the Service application. Your service term, rates, and other service components are based on your selection of service plans available at the time and date of Service application and will become part of this Agreement. The annual service plan ("Annual Plan") lasts year to year until terminated by either you or us upon 30 days written notice. You are provided a special rate or other benefit in exchange for your agreement to subscribe for a Fixed Term. If you terminate this Agreement prior to the end of the Annual Term you will be material breach of the Agreement. You agree our damages will be difficult or impossible to determine, and agree to pay us, in addition to all other amounts then owing, a cancellation fee in the amount of fifty percent (50%) of the Annual Term charge. The cancellation fee is liquidated damages to compensate us for, among things, our lost revenues, and our costs for providing rate benefits and/or other services to you in exchange and reliance upon your commitment to subscribe to Service for the Annual Term. You agree that the cancellation fee is a reasonable estimate of our damages. Upon termination, Digital Image Delights may elect to prorate a refund to you, but is under no obligation to do so. 4. Charges. You are responsible for paying all charges for Service furnished under this Agreement and charges for all other services you use. 5. Billing and Payments. All service plans require payment in advance. Billing dates may change at the sole discretion of DID, with or without prior notice. If you have authorized payment by credit card, no additional notice or consent will be required for billings to that credit card pertaining to Service. If you have authorized payment by checking account, no additional notice or consent will be required for billings to that checking account pertaining to Service. You further agree DID is not responsible for overdraft charges applied to your checking account that result from the attempt to collect payment for services and that if the electronic funds transfer (EFT) is not honored, or the demand draft is returned NSF, you will pay a $25 NSF fee in addition to service charges. In the event of EFT dishonor or demand draft NSF, you are required to remedy the EFT dishonor or NSF within five (5) business days. If the EFT dishonor or NSF is not remedied within five (5) business days, your Service will be subject to suspension or termination. 6. Invoices. If the customer requires it, we can provide billing via email invoice. Invoicing can be made available for quarterly, semi-annual, and annual accounts only. Invoicing is not available for month to month accounts. Invoice fee. There will be an additional fee for invoicing which will be ten percent (10%) of invoice or five (5) dollars, which ever is greater. Payments shall be past due if not received within ten (10) business days from the billing date on the invoice. Late fees, in addition to all other charges, you agree to pay us a late fee of ten percent (10%) of total invoice or five dollars ($5.00) whichever is greater, on any amount not paid in full by the due date. Acceptance of late or partial payment will not waive our rights. DID may charge an additional fee for any check returned for insufficient funds or otherwise not paid. 7. Default/Termination. If you fail to pay any moneys owed to DID on or before the due date or fail to perform any other obligations to us, or if you breach an representation or warranty made to us, or if you violate any laws, rules or regulations, at DID' sole option, we may immediately without notice, suspend or discontinue service and/or terminate this Agreement. We may require reactivation charges to renew Service after termination or suspension. If any termination occurs, you are responsible to pay all amount and charges owed under this Agreement including any applicable application and/or re-instatement fee. We have the right to keep any sums you prepay upon termination due to your default. You will also reimburse us immediately for all costs, expenses and fees we incur in enforcing the Agreement and collecting all moneys you owe us. 8. Modifications. Charges for services provided by other vendors, such as search engines searches, or access/usage fees imposed on us by changes in Federal or State regulations are subject to be passed through to you and may impact the term of this Agreement in the event of nonpayment by you. Requested changes to rate plans will become effective at the beginning of your next billing cycle. You may also add or delete Service features at any time but the charge will be imposed for the entire billing cycle within which the charge was made. Changes made to your Service will not alter the term of your Agreement unless a condition of the change. 9. Account Information. You consent to our disclosure of information about your account to any person able to provide your name, address, telephone number, user name and password and to the making of changes to your account by any such person. 10. LIMITATION OF LIABILITY. WE SHALL NOT BE LIABLE IF OUR PERFORMANCE IS CAUSED BY ACT OR OMISSION OF ANOTHER SERVICE PROVIDER OR CARRIER, EQUIPMENT FAILURE, OR MODIFICATION, ACTS OF GOD, STRIKES, FIRE, WAR, RIOT, GOVERNMENT ACTIONS, OR CAUSES BEYOND DIGITAL IMAGE DELIGHTS' CONTROL. WE ASSUME NO LIABILITY FOR SERVICE OUTAGES OF 24 HOURS OR LESS. OUR LIABILITY FOR ANY SERVICE FAILURE SHALL IN NO EVENT EXCEED THE SERVICE CHARGES DURING THE AFFECTED PERIOD. WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. WE SHALL NOT BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICE. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US, OUR AFFILIATES AND AGENTS, AND ANY UNDERLYING CARRIER HARMLESS FROM CLAIMS OR DAMAGES RELATING TO THIS ENFORCING AGREEMENT AND YOUR USE OF THE SERVICE UNLESS DUE TO OUR GROSS NEGLIGENCE. YOU AGREE TO PAY OUR REASONABLE ATTORNEYS AND EXPERT WITNESS FEES AND COSTS INCURRED IN OUR RIGHTS OR IN ESTABLISHING THE APPLICABILITY OF THIS PARAGRAPH. THIS PARAGRAPH SHALL SURVIVE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 11. No Warranties. WE DISCLAIM ANY EXPRESS WARRANTY REGARDING THE SERVICE OR THE INTERNET AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 12. Fraud. If your user name and/or password are fraudulently used or counterfeited, you must notify us immediately, and promptly provide us with requested information. You agree to cooperate with us in any investigation and to use any fraud prevention or detection devices we prescribe. Failure to cooperate will result in your liability for fraudulent usage. 13. Notice. Notices to you shall be effective two days after deposited in the U.S. Mail address to your most recent address listed in our records, or emailed to your email address as listed in our records. You are responsible for notifying us of any changes to your address. Written notices shall be effective when directed to our Billing Department and received at our address of record. Oral notices shall be effective on the date reflected in our billing system. 14. Miscellaneous. We may assign or delegate all or part of our rights or duties under this Agreement without notice to you and we are then released from all liability. You may assign this Agreement only with our prior consent. This Agreement shall be binding in you and your successors. This Agreement is subject to applicable Federal, State and local laws, regulations and statues. If any part of this Agreement is found invalid, the balance of the Agreement remains enforceable. The Agreement represents the service agreement between you and DID, of which DID reserves the right to amend this Agreement as may be required. It is the responsibility of the Service Subscriber to familiarize themselves with these Terms and Conditions as posted at http://www.digitalimagedelights.com/aup/. Digital Image Delights reserves the right to send notification of new products or services to our subscribers, in whole or in part, as we deem appropriate.