Acceptable Use

DigitalRealm supports the freedom of digital expression and the inalienable right to privacy. DigitalRealm will not exercise editorial control of digital content published or disseminated through the use of resources owned and/or managed by DigitalRealm unless it is a violation of law. DigitalRealm may cooperate with law enforcement agencies and/or third parties in order to investigate any suspected or alleged crime or civil wrong using an established set of guidelines that will be presented upon receipt of a formal request.

DigitalRealm reserves the right to immediately terminate service that is used to (1) threaten bodily harm or the destruction of property, (2) commit traditional or digital fraud by the use of chain letters or other schemes, (3) send unsolicited commercial or bulk email, (4) compromise privacy, (5) gain unauthorized access to resources, (6) halt or disrupt networks or services, (7) infringe on intellectual property rights, and/or (8) violate applicable local, state, national or international laws and regulations.

DigitalRealm maintains a zero tolerance for SPAM. DigitalRealm extends its anti-spam policy to nameservers, websites, server collocations, and other services that either benefit from or support spam. All complaints will be fully investigated. Customers that knowingly provide and/or support spam services will be immediately terminated and their contact information provided to the complainants involved. In order to prevent network abuse and exploitation, DigitalRealm requires customers to notify it of the existence of any customer hosted MAIL and/or DNS server that utilizes DigitalRealm network resources.

Report violations by emailing abuse@DigitalRealm.net. Please include the: (1) IP Address used to commit the violation, (2) date and time that the violation occurred along with the applicable time zone, and (3) evidence of the violation. If action is necessary, DigitalRealm will: (1) issue warnings, (2) suspend service, (3) terminate service, (4) bill for administrative and/or reactivation charges, (5) bring legal action to collect damages, if any, which result from violations.

Early Termination and Non Payment

Upon early termination of a service term that is twelve months or greater in length, the Customer will be charged an early termination fee which shall be based on the remaining balance of the entire term unless otherwise specified in the "Service Details" section. The Customer understands that non-payment of any outstanding balances is considered an act of "early termination" and agrees to immediately remit the early termination fee.

Customers are required to provide DigitalRealm with thirty (30) days prior notice before the cancellation of any service.

The Customer acknowledges that DigitalRealm reserves the right to restrict and/or revoke all access to servers, content, subscribers, databases, and facilities that utilize DigitalRealm resources. DigitalRealm shall not be responsible for any business interruption that may occur as a result of its decision to revoke such access. DigitalRealm shall make reasonable attempts to collect any outstanding balances and will disseminate the details of such attempts to various credit reporting agencies. If unsuccessful, DigitalRealm will employ the services of a collections agency.

The Customer is liable for all expenses that DigitalRealm incurs as a result of its attempt to collect any outstanding balances or early termination fees.

Service Level Agreement

DigitalRealm guarantees 99.9% service availability. Availability does not include regularly scheduled (SUNDAYS 2AM-6AM EST) or emergency maintenance events, or customer caused outages or disruptions. Unavailability events are defined as any outage of the Service for a period of 10 or more consecutive minutes. The Customer must report service unavailability within 48 hours of the event. Upon confirmation of the event, DigitalRealm will issue a pro-rated service credit that equals the time of Unavailability. If the duration of the event was greater than 15 minutes, the Customer will be issued a service credit of one day.

Identifiers

Except as provided otherwise by law, the Customer acknowledges that it has no property rights to any information, domain, credentials, phone number, IP address, or other uniform resource identifier ("Identifier") that must be provisioned to use the Service. The Customer agrees that DigitalRealm may modify an Identifier at anytime with reasonable prior notice. In the event DigitalRealm is required by law to transfer any Identifier to the Customer on termination of this Agreement, DigitalRealm shall charge the Customer a fee. DigitalRealm reserves the right to refuse the transfer and/or port of any Identifier provisioned from its inventory.

Liability

The Customer agrees that DigitalRealm shall have no liability for the services, data or information transported across the Service but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies. The Customer understands that DigitalRealm and delivery of the Service must occasionally rely on the facilities and services of third parties. Thus, the Customer agrees not to hold DigitalRealm responsible for the failure to deliver the Service due to the state of facilities (i.e. telco switching or wiring centers, traffic exchange points, gateways, hosts, etc.) not owned and/or under the control of DigitalRealm.

The Customer shall be responsible for all costs and fees associated with the acquisition, installation, and maintenance of any customer premises equipment and local loop related to the Service unless the customer has purchased a managed or bundled service from DigitalRealm. Under no circumstances shall DigitalRealm be responsible for this cost. Furthermore, the Customer will be liable and assessed a $150 fee for any missed on site appointment unless the Customer has provided 48-hour prior notice.

The Customer agrees to indemnify and hold DigitalRealm harmless in any legal action which arises as a result of the use of the Service, without limitation or exception including, but not limited to any action brought against the Customer by a third party.

Pricing

The Customer agrees that DigitalRealm may need to modify pricing prior to service delivery. Such pricing modifications shall only be made in the event that DigitalRealm incurs expenses that were unexpected and/or could only be determined once the order had been placed. These expenses may include but are not limited to ILEC construction charges, carrier meet points, line conditioning, long haul transport, and circuit design fees. Prior to service delivery, the Customer may elect to be responsible for and accept the modified pricing or simply cancel the service order. The Customer acknowledges that changes in legislation or market conditions may affect the price and availability of services provided by DigitalRealm and agrees to further indemnify and hold DigitalRealm harmless for any changes that might be necessary to affect a resolve or provide remedy under such conditions. These changes may include increased prices or service termination. DigitalRealm provides no guarantee as to the fitness of use.

Choice of Law and Forum

The Customer agrees that the Terms-of-Service shall be governed by and construed in accordance with the laws of the State of Michigan. The Customer agrees that the exclusive jurisdiction for any claim or action arising out of or relating to these "Terms-of-Service" or use of DigitalRealm resources shall be filed only in the state or federal courts located in the State of Michigan. The Customer further agrees to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Authorization

The Customer acknowledges that they posses the legal authority to authorize DigitalRealm, its preferred carriers, subsidiaries and/or authorized agents to make any and all inquiries necessary for the purpose of obtaining CPNI records and customer service records from the Customer's existing local and long distance carrier(s) and/or internet service provider in order to acquire the information necessary to provide and maintain services.

Furthermore, the Customer acknowledges that they have the legal authority to authorize DigitalRealm, its preferred carriers, subsidiaries and/or authorized agents to act as the Customer's agent for the purpose of taking any and all actions required (including the removal of any account protection/freezes and any necessary changes to the Customer's current and future services without further permission) required to implement the "service" for all physical service and billing locations including changing long distance carrier(s), local exchange carrier(s), and/or Internet Service Provider(s) to DigitalRealm and/or its preferred carriers.

The Customer agrees to indemnify DigitalRealm, its preferred carriers, subsidiaries, and/or authorized agents from any liability resulting from credit inquiry, CPNI or Client privacy issue, or liability to any third-party for any preexisting obligations that the Customer may have regarding local, intralata, intrastate, interstate, international long distance, and Internet services.

The Customer immediately authorizes DigitalRealm to procure the Service and assumes full responsibility for all recurring and non-recurring charges associated with the Service.