Terms of Service

This document and the rights and duties of the parties involved shall be governed by and interpreted according to the laws of the State of Texas. The Digital Design Company (referred to hereafter as "DDC") reserves the right to enforce these terms of service at its sole business discretion. Non-enforcement of any portion of these Terms of Service constitutes neither consent nor a repudiation of these Terms of Service. DDC agrees to provide and the User agrees to receive Internet services and by connecting to DDC's service the user agrees that this document constitutes a contract between the user and DDC, and agreement to all of the following:

DDC, at its sole business judgement, may terminate this contract or suspend User's access to the service for any reason, including, but not limited to refusal or failure to pay for services provided; or by sole judgment of DDC that User may be performing activities harmful to DDC, its networks, users, employees, vendors, business relationships, or any other users of the Internet. If such termination is the result of a violation of these Terms of Service, DDC may, at DDC's discretion, not refund any money paid by user. DDC's service is provided "as is, as available." No warranties, expressed or implied, including, but not limited to those of merchantability or fitness for a particular purpose, are made. In the event of disruption of service due to a fault of DDC for a time greater than 24 hours, DDC shall be responsible only for the reimbursement of money paid by User to DDC. DDC shall in no case be responsible for losses of income, secondary damages, mental distress or other damages resulting from disruption of service. DDC will not be liable under any circumstances for any lost profits or other consequential damages, even if the DDC has been advised as to the possibility of such damages. DDC's liability for damages to user for any cause whatsoever, regardless of the form of action, and whether in contract or in tort, including negligence, shall be limited to one (1) month's fees and the remaining portion of any prepaid fees.

DDC may change prices or these Terms of Service upon 30 days notice, supplied to user via e-Mail or postal service. Changes to accounts must be submitted in writing. All accounts are billed on the 15th of each month and are due at DDC offices no later than the 5th of the following month. Past due accounts will be charged $5.00 or 2% finance charge (whichever is greater). DDC reserves the right to disconnect any account that is past due. There will be a reconnection fee that is equal to the installation fee for the service disconnected. Any checks returned for insufficient funds or any other reason is grounds for immediate termination of account and a $20.00 NSF fee. If you choose to cancel your account you must submit via e-Mail or postal service, a written notice thirty (30) days in advance to DDC. If you prepaid your account and received a prepayment discount, you will forfeit any discounts received and will be refunded for the months not used. Failure or inability to use this account does not relieve User of any payment obligations. User agrees to pay DDC's reasonable attorney's fees, collection fees, court costs or other liabilities associated with enforcement of this contract and its Terms.

DDC is not responsible for any damages arising from User's use of or inability to use DDC’s services. DDC’s unlimited service is not a dedicated service, a dial-up/ unlimited service account requires that the client side computer be attended by User, User is not to use any means to retain unattended connectivity. Any unattended processes may be terminated at DDC’s discretion. Dedicated services do not require the attended use of the client side computer and may remain connected 24/7. DDC can not guarantee connection speeds for analog accounts due to connection speeds are determined by factors beyond DDC's control.

Any illegal activities, or attempted illegal activities (including, but not limited to, illicit use or attempted illicit use of any unauthorized device or software, production of falsified headers on any message, harassing or damaging behaviors, violation of any applicable laws or regulations, or theft of services) are prohibited. Distribution of illegal material (including content ruled obscene or in violation of copyright) is prohibited. Unauthorized access to any DDC resource is prohibited. Defeating or attempting to defeat any security measures placed upon DDC's system or of any other connected system, is strictly prohibited; as is damaging or attempting to damage, hinder or prevent from proper functioning of any system or service of DDC or any connected system or service. Possession or storage of any software, source code, or program, which has the capability of doing any of these, is also prohibited. Impersonation of another user or forgery of header, IP address information, or logging information is prohibited. Use of anonymous remailers, posting devices or other anonymizing services is allowed, provided that such use is not a violation of any other portion of this contract, and that notice has been made that such a service has been used. Use of DDC's service to harass, intimidate or threaten any one is prohibited. Any use of DDC's service to send mass unsolicited e-mail or news postings is prohibited. Sending or posting of identical, substantially similar or random messages to one person or to a large number of news groups in a short period of time is prohibited. Use of DDC's service as the return address for any mass posting, mailing, or similar activity is prohibited. Use or storage of IRC bots or similar programs is forbidden without prior consent of DDC and any other relevant hosts, administrators or providers. User will be required to produce proof of licensure of all commercial software to be stored on or disseminated by DDC's resource. Use of DDC's resources for storage or dissemination of "warez" or "cracked" commercial software is forbidden. Use of DDC's resources for storage or dissemination of potentially damaging or destructive code is forbidden without prior consent of DDC and any other relevant hosts, administrators or providers. Users whose accounts are terminated for a violation of these terms of service shall be responsible for the cost of any clean up, damage control, response to complaints or loss of goodwill by DDC.

User understands that all services are neither transferable nor resalable unless otherwise stated in a contract between user and DDC. DDC reserves the right to restrict the use of DDC's service for commercial purposes. This includes, but is not limited to the use of personal web pages for monetary gain, reselling any services provided by DDC without a prior contractual agreement or use of any of DDC’s services to receive remuneration from a personal account. All such activities require a commercial business account.

Sharing accounts and or simultaneous log-ons are prohibited and accounts will be charged accordingly. User accepts full responsibility for all actions performed by anyone using User's account. If User is below the age of 18, a parent, guardian or other legally responsible adult must accept responsibility and all consequences of such use and actions. This parent, guardian or responsible adult must realize that some content provided by DDC, as well as content freely available on the Internet, may not be appropriate for a minor and as such agrees to supervise the use of DDC's service by User. This parent, guardian or responsible adult also becomes liable for any charges related to User's DDC account.

User is responsible for the security and confidentiality of his/her password(s), files, and accounts. User is solely responsible for User's files residing on DDC’s server. User is responsible for backup of his/her data. DDC may, upon termination by either party, delete all files associated with user. Any publicly available content which would be unsuitable for minors should have two clearly worded warning/disclaimers with an easily accomplished method to avoid exposure to unsuitable content. User assumes all responsibility for the contents of his/her pages.

DDC will provide physical access during normal business hours to Co-Locate Users. DDC will use every reasonable precaution to protect Users equipment co-located at DDC facilities but does not accept any financial responsibility for damage to or loss of Users equipment. DDC will not carry insurance for Users equipment.

DDC shall not be responsible for the installation, operation or maintenance of equipment or software not provided by DDC; nor shall DDC be responsible for the transmission or reception of information by equipment or software not provided by DDC. User shall be responsible for the use and compatibility of equipment or software not provided by DDC. In the event that User equipment or software not provided by DDC impairs the User's use of Products and Services, User shall nonetheless be liable for payments for Products and Services. Upon notice from DDC that the equipment or software not provided by DDC is causing or is likely to cause hazard, interference or service obstruction, User shall, if necessary, pay DDC to troubleshoot difficulties caused by the equipment or software not provided by DDC. DDC shall not be responsible if any changes in Products and Services that cause equipment or software not provided by DDC to become obsolete, require modification or alteration, or otherwise affects performance of equipment or hardware not provided by DDC.

By continuing use of our service, you agree to abide by these policies of The Digital Design Company, L.L.C., and will be bound by them.

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