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	This agreement represents the complete agreement and understanding between Digital S1 Systems (hereinafter called "Digital S1") and the Customer and supersedes any other written or oral agreement. Upon notice published on-line at www.Digital S1.com, Digital S1 may modify these terms and conditions, amplify them, and/or discontinue, modify, or change pricing and/or product or service offerings. Submission of your account order shall constitute your acceptance of these Terms and Conditions.
	PROVISION OF SERVICES Service shall include any act of serving the Customer, provided by Digital S1, regardless of its duration and whether it's a paid service or a service for free. Without limiting the scope of the above provision, Digital S1 will provide web site design, domain registration, and internet services on its host computing systems to individual and business CustomerS in exchange for payment of fees and compliance with the terms and conditions of this document. Digital S1's services are defined as the use by the Customer of computing, telecommunications, software, and information services provided by Digital S1. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Global Internet. Digital S1 may, with 30 days notice, amend the fees and/or charges for any future server usage and services or discontinue use of any or all value added applications or software for which payment has not been made by Customer, at any time and at our sole discression. Digital S1's role in the registration of a domain name is limited to the submission of the registration request to the appropriate registrar (the "Registrar"). Digital S1 does not and can not guarantee that a particular application for a domain name will be accepted or approved. Each individual domain name constitutes a single submission. Digital S1 will submit application to the Registrar as provided. It is the registrants responsibility to provide accurate information. Any change to the original information will be initiated by Customer and submitted directly to the Registrar and not to Digital S1. Upon registering a domain name with Registrar, Customers will also be subject to the Terms and Conditions of Registrar.
	USE OF MATERIALS Public domain materials (e.g., images, text, and software) may be freely downloaded, uploaded, or distributed using Digital S1 services in accordance with all applicable laws and treaties. The Customer assumes all risks regarding the determination of whether the material is in the public domain. As provided by United States federal law and by International treaties, copyrighted materials (e.g., images, text, and software) may not be uploaded to, stored on, or transported accross Digital S1 host servers without the expressed permission of the copyright holder. Except as expressly permitted, materials under copyright may not be distributed to others, whatever the medium. Copyrighted material may not be changed nor can author attribution or copyright notices be modified.
	USE OF SERVICES Customer agrees to maintain a secure password for every account. Secure passwords are between 6 and 8 characters long, contain upper and lower case letters, numbers and special characters, and can not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary. The Customer is responsible for creating, changing, and/or safeguarding hir or her passwords as required to reduce unnecessary data corruption or loss. Users with "administrator" level priviledges are encouraged to change passwords at least quartarly. The Customer agrees to use the Services provided by Digital S1 in a manner which is permitted by applicable local, provincial, state, and federal laws. The Customer agrees, therefore, not to use the Services to conduct any business or activity, or solicit the performance of any activity, that is prohibited by law, libelous, or against any Digital S1 policy. Digital S1 reserves the right to refuse Service to new Customers or immediately discontinue Service to any existing Customer who is found to be in willful violation of this policy. Digital S1 will refund the remaining balance, less actual expenses for services, applications, manpower, or any other reasonable expense, already performed, expended, or purchased in behalf of the Customer for the full hosting period, without regard to the length of term remaining. The Customer is solely responsible for any legal liability arising out of, or relating to, his/her web site at Digital S1. The Customer represents and warrants to Digital S1 that it holds the necessary rights to permit the use of any of the items on his/her web site, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which the public can link through, or any products of services made available to the public through his/her web site, will not - violate or potentially violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, or any other right of any person or entity. Customer content will not include any material that is discriminatory, in any way, based on Sexual Orientation. Customer must refrane from unlawful, harmful, fraudulent, libelous, slanderous, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law. Customer agrees to indemnify and to hold Digital S1, and any third party entities related to Digital S1, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to: the Customer's breach of any of the forgoing representations and warranties, or any other third party claim with respect thereto. The Customer understands and agrees that hosting of the Customer's web site is at the sole discretion of Digital S1 Systems. Digital S1 may at its sole discretion discontinue Service to any Customer operating a web site that Digital S1 deems to be in violation of these Terms and Conditions. Digital S1 accounts cannot be transferred or used by anyone other than the subscriber. Customers may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this agreement, unless the Customer has entered into a Reseller Agreement with Digital S1. Use of other organizations' networks or computing resources is subject to their respective permission and usage policy. Customer will endeavour to prevent viruses from corupting Digital S1 systems. Digital S1 may run anti-virus programs to minimize damages. Customer acknowledges that any recommendation by Digital S1 employees for Services or products ancilliary to Digital S1's services are the recommendations of that employee and not of Digital S1. Digital S1 does not warrant the integrity or quality of the service or product provided by such third parties. In the case of domain name registration, the Customer warrants by submitting an application for domain name registration that, to the best of Customer's knowledge and belief, the information submitted therein is true and correct, and that any future changes to this information will be provided to the Registrar in a timely manner. In the case of domain name registration, Customer agrees that, by registration of a domain name, such registration does not confer immunity from objection to either the registration or use of the domain name.
	INDEMNIFICATION The Customer agrees to protect, defend, hold harmless and to indemnify Digital S1 System, its Partners, Directors, Managers, Employees, Consultants and Agents, from any claims, including, but not limited to, attorney's fees, resulting from the Customer's use of Digital S1's Services.
	LIMITED LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CUSTOMER UNDERSTANDS, AGREES AND ACKNOWLEDGES THAT IN NO EVENT AND UNDER NO LEGAL THEORY, SHALL Digital S1 BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR, INCLUDING BUT NOT LIMITED TO, THE LOSS OF CUSTOMER'S DOMAIN NAME; ANY BUSINESS LOSS, REVENUE DECREASE, EXPENSE INCREASE; COSTS OF SUBSTITUTE PRODUCTS/SERVICES; OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING FROM, INCLUDING BUT NOT LIMITED TO, THE USE, OR INABILITY TO USE, ANY OF Digital S1'S SERVICES; ANY MALFUNCTION OR INCOMPATIBILITY OF TECHNOLOGIES INCLUDED WITH Digital S1'S SERVICES; ANY TECHNOLOGIES ADDED, REMOVED OR ALTERED BY CUSTOMER OR THIRD PARTY, INCLUDING BUT NOT LIMITED TO, SCRIPTS AND/OR SOFTWARE USED FOR OR ON THE CREATION OR OPERATION OF CUSTOMER'S WEBSITE. ALL OF THE FOREGOING IS APPLICABLE REGARDLESS OF WHETHER Digital S1 HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. IN NO EVENT SHALL Digital S1'S LIABILITY EXCEED THE INITIAL FEE OR ONE (1) MONTH'S FEE PAID BY CUSTOMER TO Digital S1. THIS LIMITATION OF LIABAILITY AND RISKS IS REFLECTED IN THE PRICE OF Digital S1'S SERVICES. The Customer acknowledges that Digital S1 makes an honest effort to keep the information available on Digital S1's systems accurate. However, Digital S1 can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information available. Use of information obtained from or through Digital S1 is at the risk of the Customer. The Customer acknowledges that the information available through the interconnecting networks may not be accurate. Digital S1 has no ability or authority over the material. Digital S1 can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through Digital S1 Services is at the risk of the Customer. The Customer understands, agrees and acknowledges that Digital S1 makes an honest effort to provide the Customer with Technologies, Developments and Innovations that may be licensed, or co-branded, from or by, third-party entities. Digital S1 can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the application(s), data and/or information involved in such items. Digital S1 specifically disclaims all warranties of merchantability and fitness for a particular purpose. The use of these application(s), data and/or information obtained from or through Digital S1, or any other referred third-party, directly or indirectly, is at the risk of the Customer.
	PAYMENT OF FEES FOR DOMAIN REGISTRATION Digital S1 registers .com, .net, .org, .info, .biz, and many foreign Top Level Domain(TLD) names. Digital S1 has signed an agreement with Registrar to collect the US $70 annual domain name registration fee (the "Internic Fee") on behalf of Registrar. The Internic Fee covers the registration for a pre-determined number of years. You will not be billed by another party (Internic) for your domain name registration. This is a non-refundable fee that is simply passed on to Registrar. Digital S1 will not automatically bill Customer when registration expires. It is Customer's responsibility to ensure current registration. Digital S1 sends email reminders to customers who register with us, but only if billing information is current. You should not rely on the accuracy of our customer database. Other country domains. Customer agrees to pay the appropriate country domain name submission fee as displayed on the Digital S1 order form. The non-refundable fee covers the cost of submitting a domain name to the Registrar. Please note that each registrar has it's own terms and conditions for accepting/approving a domain name registration. Digital S1's fee is non-refundable even if the domain name is rejected. The fee is for the service of submitting the application. Each registrar might have an additional domain registration fee.
	PAYMENT TERMS The Digital S1 accounting cycle begins on the 1st day of each month (the "Accounting Cycle") and ends on the last day of that month. Charges for new accounts are prorated. Charges for terminating accounts are not prorated. Service payments will be submitted in advance of receiving Services. The starting date of the billable period will be the earlier of - the day we receive the electronic order form or the day we receive application by mail, or any other means. The Customer acknowledges that he/she is responsible to initiate a payment in order to renew his/her account once the original service-period has ended. Payment is due at the beginning of each Accounting Cycle. Delinquent accounts are those that remain unpaid 5 days after the beginning of the Accounting Cycle. Accounts that are delinquent are put on "accounting hold" and may not be used. Accounts that are unpaid for an accounting cycle automatically have their files archived. Accounts that are unpaid for two(2) Accounting Cycles have their files purged. Digital S1 accounts continue to accrue charges while they are on hold. There is a service reconnection charge equal to one half the currently charged set-up fee to remove accounts from accounting hold status. The Customer acknowledges responsibility for the account until payment in full is made. There is a US$25.00 service charge for each check which is not honored. Trades, Charity and Promotional accounts are NOT qualified for our special discount on advance payment. The Customer will be charged for excessive bandwidth usage (above the relevant allowance of the chosen service package). It is the Customer's responsibility to monitor the amount of bandwidth of his/her account, on a daily basis. Digital S1 has no obligation to warn the Customer regarding the excessive bandwidth usage. Customer is responsible to ensure that payment to Digital S1 made by check or money order is sent to the address as it appears on the Digital S1 website.
	"NOT-T0-RENEW" REQUESTS This Agreement will commence upon the Customer's acceptance of it and continue on a month-to-month basis. For Customers that pay on a monthly basis ONLY - "NOT-TO-RENEW" requests for Digital S1 accounts must be given via a telephone call to Digital S1's main office(Telephone number available on the contact section of Digital S1's website). Such requests must be received by 5PM Central Standard Time on the last day of each month, in order to be processed by the end of the same month. For Customers that pay on a non-monthly basis (3, 6 and 12 months) ONLY - "NOT-TO-RENEW" requests for Digital S1 accounts must be given via a telephone call to Digital S1's main office. Such requests must be received by 5PM Central Standard Time 15 DAYS before the account's anniversary date, in order to be processed before the anniversary date. This will prevent an automatic renewal and charge). All Digital S1 accounts must be paid in full before the transaction will be considered complete.
	ABUSE OF SERVICES Any use of Digital S1 system resources that disrupts the normal use of the system for other Digital S1 Customers is considered to be an abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to, spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, Digital S1 forbids the storage of illegal/pirated software (warez), the use of any type of IRC bot and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk e-mail lists intended for spamming or resale purposes. Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or have his/her account suspended by Digital S1 Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with Digital S1 Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service reconnection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Operations Manager. However, spamming activities will result in immediate termination of services to Customer. Unethical and criminal offenses are violations of Digital S1 conditions of use. You are expected to report to Digital S1 any information you may have concerning instances in which the conditions of use have been or are being violated. When Digital S1 becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, Digital S1 may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Operations Manager, following payment of a re-connection charge $50US.
	IP ADDRESSES Digital S1 maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to the Customer and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
	INTELLECTUAL PROPERTY Customer warrants that it will not copy, reproduce or republish any material, in whole or in part, located on the Digital S1 website. Customer will not use the trademarks or copyrights of Digital S1. Customer will not misrepresent its relationship with Digital S1 or attempt to pass itself off as Digital S1 or in any way claim that it is Digital S1.
	ASSIGNMENT AND AGENTS The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors and administrators, as the case may be, provided that the Customer may not assign or delegate its rights and obligations under his business relationships with Digital S1, either in whole or in part, without the prior written consent of Digital S1. Digital S1 may assign its rights and obligations under this Agreement to a third party in connection with a merger, consolidation, sale of all or substantially all of Digital S1's assets or other corporate reorganization. Customer agrees that if an application for domain name registration or web hosting service completed by an agent for the Customer (sometimes called Administrative Contact), the Customer is nonetheless bound as a principal by all terms and conditions herein.
	GOVERNING LAW/SEVERABILITY Any agreement, arising from the business relationships between Digital S1 and the Customer, will be governed by and construed in accordance with the laws of the United States of America. Customer agrees that any litigation or arbitration between the parties will take place in Dallas, Texas, and consent to personal jurisdiction and venue in that State. If any provision of that agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that agreement will continue in full force and effect.
	AGE OF MAJORITY Digital S1 cannot accept agreements and payments from persons under the age of 18 years. Therefore, Digital S1 requires that its agreements be made with a person who is qualified to contract. As such, the Customer must be over the age of 18 years. Otherwise, a parent or guardian must accept this Agreement and ensure the proper payment.
	COMPLETE UNDERSTANDING/MODIFICATION These Terms & Conditions constitute the full and complete understanding and Agreement of the Customer and Digital S1, relating to the subject matter hereof, and supersedes all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of these Terms & Conditions, initiated by the Customer, will be effective only if accepted in writing and signed by Digital S1.
	Effective 10/01/01 Top