Policies

Refund Policies

5.7 During the first 30 days of Services, You are entitled to a refund of fees paid with the exclusion of domain name registration, dedicated server, data transfer fees, and excessive support requests should you decide to cancel the Services for just cause. Unio Digital LLC shall be the sole arbitrator as to the validity of your claim of just cause. And will subtract the aforementioned fees from any monies due you.

5.7.3 You will not be entitled to a refund on these basis if you have previously had an account with Unio Digital LLC under any plan or service.

5.7.5 Refunds are not allowed on any software products. More information under Terms of Services Section 5

Terms of Services

Terms of Service

Where the content states: “We” includes Unio Digital LLC or any party acting on Unio Digital LLC’s implicit instructions. “You” includes the person purchasing the services or any party acting on the customer’s instructions. “Member” includes the purchaser of services or any party acting on the purchaser’s instructions. “The Registrant” includes the person applying for a domain name or any party acting on the Registrant’s instructions. “The Registry” refers to the relevant domain names Registry. “Server” means the computer server equipment in connection with the provision of the Services. “Web Site” means the area on the Server allocated by us to you for use by you as a site on the Internet. “TOS” includes this agreement. Unio Digital LLC reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: https://www.unio.digital/policies. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:

 

1. Domain Name Registration

 

1.1 We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified that it has or they have been registered. Any action taken by you before such notification is at your risk.

1.2 The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.

1.3 We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

1.4 We shall not release any domain to another provider unless full payment for that domain has been received by us.

2. Web Site Hosting and Email

2.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

2.2 You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the
Server.

2.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:

2.3.1 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third part; nor will you authorize or permit any other person to do so.

2.3.2 you will not post, link to or transmit:

(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by Unio Digital LLC in any way.

(b) any material containing a virus or other hostile computer program.

(c) any material which constitutes, or encourages the commission of a criminal offence, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

2.3.3 you will not send bulk email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our network using bulk email.

2.3.4 you will not employ programs which consume excessive system resources including, but not limited to, processor cycles and memory. We do not host IRC, IRC bots, or other server resource intensive programs.

2.3.5 If you surpass your allotted disk/bandwidth usage as set forth in your purchased plan, you agree to purchase the excess in blocks as set forth in our “plans” section. Such payment to be immediate and non-disputable.

2.4 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Underage Adult, Pornographic, or Copyrighted MP3 content.

2.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or other security information.

2.6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.

2.7 Members utilizing free hosting shall exclude themselves from promotions offered and afforded to paying Members.

2.7.1 Members utilizing free hosting shall display a banner as supplied by Unio Digital LLC.

2.8 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

2.8.1 Sending unsolicited mail messages, including, without limitation, commercial advertising and informationalannouncements, is expressly prohibited. A Member shall not use another site’s mail server to relay mail without the express permission of the site.

2.8.2 It is contrary to Unio Digital LLC policy for Members to use our servers to effect or participate in any of the following
activities:

To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list.

To send mass e-mailings; whether unsolicited, opt-in, or otherwise.

To engage in any of the foregoing
activities using the service of another provider, but channeling such
activities through a Unio Digital LLC provided server, or using a Unio Digital LLC provided server as a
mail drop for responses.

To falsify user information provided to Unio Digital LLC
or to other users of the service in connection with use of a Unio Digital LLC service.

2.8.2(a) Consequences of Violation:

When Unio Digital LLC becomes aware of an alleged violation of its Acceptable Use Policy, Unio Digital LLC will initiate an investigation. During the investigation Unio Digital LLC may restrict Member’s access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Unio Digital LLC may, at its sole discretion, restrict, suspend, or terminate Member’s account and/or pursue other civil remedies. If such violation is a criminal offense, Unio Digital LLC will notify the appropriate law enforcement department ofsuch violation.

2.8.2(b) You shall be held liable for any and all costs incurred by Unio Digital LLC as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. Unio Digital LLC’s current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email or Usenet message sent, plus US $1 per complaint received. Server maintenance fees of $85 per hour.

2.8.3 Unio Digital LLC does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

2.9 Any access to other networks connected to Unio Digital LLC must comply with the rules appropriate for those other networks

2.10 While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

2.11 You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services.

3. Service Availability

3.1 We shall use our reasonable endeavors
to make available to you at all times the Server and the Services but we shall
not, in any event, be liable for interruptions of Service or down-time of the
Server.

3.2 We shall have the right to suspend the
Services at any time and for any reason, generally without notice, but if such
suspension lasts or is expected to last for more than 7 days you will be
notified of the reason. As a reseller or sub-client, it is your responsibility
to take care of backup for sites that may be yours or ones under you. We also
reserve the right to disallow services/hosting to any client as we feel
necessary and hold no liability. Also please note that we do not offer any sort
of compensation on our network uptime guarantee.

3.3 The Services provided to you hereunder
and your account with us cannot be transferred or used by anyone other than
you. No more than one log-in session under any one account may be used at any
time by you. If you have multiple accounts, you are limited to one login
session per system account at any time; user programs may be run only during
log-in sessions. If your account is found to have been transferred to another
party, or shows other activity in breach of this sub clause, we shall have the
right to cancel the account and terminate the Services and/or this Agreement
immediately.

4. Payment

4.1 All charges payable by you for the
Services shall be in accordance with the scale of charges and rates published
from time to time by us on our web site and shall be due and payable in advance
of our service provision. We reserve the right to change pricing at any time
although all pricing is guaranteed for the period of pre payment.

4.2 Payment is due each anniversary month,
quarter or year following the date the Services were established until closure
notice is given. If you choose to pay by credit or debit card you authorize Unio Digital LLC
to debit your account renewal fees from your card.

4.3 All payments must be in US Dollars.

4.4 If your check is returned by the bank
as unpaid for any reason, you will be liable for a “returned check”
charge of $45.

4.5 Without prejudice to our other rights
and remedies under this Agreement, if any sum payable is not paid on or before
the due date, we shall be entitled forthwith to suspend the provision of
Services to you.

5. Termination

5.1 If you fail to pay any sums due to us
as they fall due, we may suspend the Services and/or terminate this Agreement
forthwith without notice to you.

5.2 If you break any of these terms and
conditions we may suspend the Services and/or terminate this Agreement
forthwith without notice to you.

5.3 If you are a company and you go into
insolvent liquidation or suffer the appointment of an administrator or
administrative receiver or enter into a voluntary arrangement with your
creditors, we shall be entitled to suspend the Services and/or terminate this Agreement
forthwith without notice to you.

5.4 No refunds will be made for Services
suspended in accordance with 5.1, 5.2 and 5.3.

5.5 We reserve the right to suspend the
Services and/or terminate this Agreement at any time. In the event of this You
will a be entitled pro rata refund based upon the remaining period of
membership.

5.6 You may cancel the Services at any time
by logging into the Ticket Desk Support System (for verification) and
requesting cancellation of services.

5.7 During the first 30 days of Services,
You are entitled to a refund of fees paid with the exclusion of domain name
registration, dedicated server, data transfer fees, and excessive support
requests should you decide to cancel the Services for just cause. Unio Digital LLC shall be
the sole arbitrator as to the validity of your claim of just cause. And will
subtract the aforementioned fees from any monies due you.

5.7.1 During the first fourteen days of
service you are entitled to a full, no questions asked refund excluding as set
forth in sections 5.7, 5.7.2, 5.7.3, and 12.5; as well as exclusions listed in
section 2 above. For the remaining time your refund will be prorated and
factored at the full discretion of Unio Digital LLC.

5.7.2 Partner Plans (Resellers) are
eligible for above refund minus usage fees; if such use has been deemed
excessive at the discretion of Unio Digital LLC. Such accounts are often more resource
intensive than standard shared hosting accounts and, therefore, do not qualify
under our standard 30 day guarantee details.

5.7.3 You will not be entitled to a refund
on these basis if you have previously had an account with Unio Digital LLC under any plan or
service.

5.7.4 Allow 30 (thirty) days for refund
payments to process. If you have not received refund within this time
allotment; please contact us.

5.7.5 Refunds are not allowed on any software products

5.8 Where payment has been made by credit
or debit card, any refund will only be issued to the same credit or debit card.

5.9 On termination of this Agreement or
suspension of the Services we shall be entitled immediately to block your Web
Site and to remove all data located on it.

6. Indemnity

6.1 You shall indemnify us and keep us
indemnified and hold us harmless from and against any breach by you of these
terms of business and any claim brought against us by a third party resulting
from the provision of Services by us to you and your use of the Services and
the Server including, without limitation, all claims, actions, proceedings,
losses, liabilities, damages, costs, expenses (including reasonable legal costs
and expenses), howsoever suffered or incurred by us in consequences of your
breach or non-observance of this Agreement.

7. Limitation Of Liability

7.1 All conditions, terms, representations
and warranties relating to the Services supplied under this Agreement, whether
imposed by statute or operation of law or otherwise, that are not expressly
stated in these terms and conditions including, without limitation, the implied
warranty of satisfactory quality and fitness for a particular purpose are
hereby excluded, subject always to sub clause.

7.2 Nothing in these terms and conditions
shall exclude our liability for death or personal injury resulting from our
negligence.

7.3 Our total aggregate liability to you
for any claim in contract, tort, negligence or otherwise arising out of or in connection
with the provision of the Services shall be limited to the charges paid by you
in respect of the Services which are the subject of any such claim.

7.4 In any event no claim shall be brought
unless you have notified us of the claim within one year of it arising.

7.5 In no event shall we be liable to you
for any loss of business, contracts, profits or anticipated savings or for any
other indirect or consequential or economic loss whatsoever.

7.6 You are responsible for monitoring
Bandwidth and Disk space usage of your site. This is easily done from your
Control Panel. If you go over the amount indicated in your current plan; you
will assessed a surcharge as set forth in our pricing structure.

8. Notices

8.1 Any notice to be given by either party
to the other may be sent by either email, fax or recorded delivery to the
address of the other party as appearing in this Agreement or ancillary
application forms or such other address as such party may from time to time
have communicated to the other in writing, and if sent by email shall unless
the contrary is proved be deemed to be received on the day it was sent or if
sent by fax shall be deemed to be served on receipt of an error free
transmission report, or if sent by recorded delivery shall be deemed to be
served two days following the date of posting.

9. Support

 

9.1 On our site you will find links to all
the information to get your web site up and running. All information pertaining
to your account should have been included in the Welcome Letter you received
when we created your account. If you did not receive a welcome letter email,
please contact our Support Team. There are several reasons an email may not
reach you; first and foremost is if the domain you have contracted services for
is the same domain your welcome email was sent to.

9.2 The support feature of our service at
present time consists of our Support System solving server related problems
only.

9.2.1 If you require support for your
scripting, there are several online tutorials available we can help you find.
You may purchase our technicians’ services at the rate of $80 per hour, with
one half hour minimum billed. We reserve the right to wave this fee at any
time.

9.3 Support can only be addressed in
English through our Support System.

9.4 All Support requests are to be
processed through our Support System. Any other request for support, except as
noted in Section 9.5, will be considered a breach of our TOS.

9.5 In the event of a server outage or
other such emergency, you are free to contact us in any manner.

10. Law

10.1 This Agreement shall be governed by
and construed in accordance with United States law and the laws governing the
state of Michigan. You hereby submit to the non-exclusive jurisdiction of the
U.S. courts.

11. Headings

11.1 Headings are included in this
Agreement for convenience only and shall not affect the construction or
interpretation of this Agreement.

12. Torturous Conduct

12.1 No one shall post defamatory,
scandalous, or private information about a person without their consent,
intentionally inflicting emotional distress, or violating trademarks,
copyrights, or other intellectual property rights.

12.2 Any abuse towards any Unio Digital LLC employee
will not be tolerated. You are expected to request and respond to support and
other issues in a professional manner. When emailing Unio Digital LLC or utilizing the
Ticket Desk Support System, refrain from using caps, exclamation points, and
other forms of written yelling. Any cursing, yelling, or further intentional
disruptive behavior aimed at Unio Digital LLC or it’s employees shall be considered a
violation of this TOS.

12.3 Any threat; whether verbally, orally,
written, or delivered by second parties directed towards Unio Digital LLC or any of it’s
employees, partners, equipment, and concerns shall be construed as a violation
of this TOS.

12.4 Any conduct viewed as violating this
section shall be considered a violation of this TOS. Unio Digital LLC will be the sole
arbitrator in regards to what is deemed a violation.

12.5 No refunds shall be given when the
contents of this section necessitates removal of the account.

13. Cancellation of Services

13.1 You may cancel the Services at any
time by logging into the Ticket Desk Support System (for verification) and
requesting cancellation of services.

 

14. Entire Agreement

14.1 These terms and conditions together
with any documents expressly referred to in them, contain the entire Agreement
between us relating to the subject matter covered and supersede any previous
Agreements, arrangements, undertakings or proposals, written or oral: between
us in relation to such matters. No oral explanation or oral information given
by any party shall alter the interpretation of these terms and conditions. In
agreeing to these terms and conditions, you have not relied on any
representation other than those expressly stated in these terms and conditions
and you agree that you shall have no remedy in respect of any misrepresentation
which has not been made expressly in this Agreement.

14.2 Unio Digital LLC reserves the right to amend these
TOS at any time.

14.3 It is your responsibility to check
these Terms of Service on occasion for any such amendments.

15. Freedom to use these Terms

15 You (anyone viewing this page) are free
to use these terms as a template for writing your own. Please have it reviewed
by a local attorney to make certain it conforms with your applicable laws. You
will also wish to confirm that the terms you create using this form as a
template conform to your upstream provider.

15.1 Unio Digital LLC releases rights to this document text to the reader, free of encumbrance. Except as noted in this section (15.3).

15.2 In no form can you hold Unio Digital LLC responsible for any and all actions arising out of your use of these terms as your own.

15.3 If you choose to use these terms as your own, this section (15) must remain intact of content; save for our name. You agree to let others use these terms as a guide.

15.4 Our release of this text material in no way assigns rights of any images viewed herein.

16. Other Terms

16.1 Unio Digital LLC accepts Visa, MasterCard, American Express, PayPal, and Mail in Payment.

16.1 Mail in Payment only offered to clients who have been verified. Account will not be activated until the check has been fully processed and verified by our bank.

Privacy Policy

Unio Digital LLC is committed to protecting your personal information and respecting your privacy.

We will never sell, rent, or disclose your personally identifiable information to outside parties without your consent unless compelled by a court of law to do so. However we do reserve the right to disclose your requirement information (if you are a member) to industry professionals in order to get your job done if needed. We may send you e-mail regarding our new features, news, or other important update information. In any case, we will never disclose your personally identifiable information to third parties. We may use various methods to collect information including, cookies and/or IP addresses.

AUP

In order to provide a professional service, we have set up a few guidelines for users of our service. Some of these guidelines may seem strict, but they ensure a safe, functional, and trusted environment for all our customers to publish their information on the Web.

Many of our competitors do not require their customers to comply with these guidelines. If any of our potential customers are unwilling or unable to comply with these guidelines, we respectfully invite them to visit one of our competitors.

Web and FTP Site Content Policies:

We do not allow any of the following content to be published on any of our servers:

  • Content of a pornographic, sexually explicit, or adult nature.
  • Content of an illegal nature (including copyrighted material).
  • Pirated software sites Hate sites or content that could be reasonably considered as slanderous or libellous Unio Digital LLC representatives will decide upon content that is questionable regarding any of the aforementioned criteria.
  • Users posting any of the above content on their sites may have their Web and/or incoming anonymous FTP services temporarily suspended. They will then be contacted by Unio Digital LLC and given the opportunity to remove the content in question before having their services reinstated. A repeated offense may cause cancellation of service without refund of any fees.

Email Usage Policies:
Unio Digital LLC does not support unsolicited email messages sent by users of our system (also known as junk email or SPAM). Users sending unsolicited email messages from our system will have all of their services temporarily suspended. They will then be contacted by Unio Digital LLC and informed of the suspension before having their services reinstated. A repeated offense may cause cancellation of service without refund of any fees. Unio Digital LLC does not allow any hosting account to give out free or paid email hosting on a public level. Reseller accounts are exempt from this, however spam guidelines still apply. It is up to the reseller to monitor and control outgoing junk email/spam.

Illegal Activities:
Customers caught using our system for illegal activities, including but not limited to breaking into remote systems, credit card fraud, theft, vandalism, threats, or violence, will have their accounts immediately cancelled without refund of any fees.

Right To Refuse Service:
Unio Digital LLC reserves the right to refuse service to anyone for any reason. We enforce this policy to ensure a professional environment for the users of our system. This includes any programs, such as CGI programs that are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance. Unio Digital LLC is the sole determinant of what constitutes degraded server performance. On some occasions, we allow heavy usage depending on the situation. However, additional fees may apply.