Terms of Service
This is an agreement between Digibase Operations ("Digibase") and the user(s) of this service ("The User"). Terms within this document or any pursuant documents may change without notice. It is The User's responsibility to remain up-to-date with terms. Digibase makes an effort to enforce this agreement and all agreements therein, however, the failure of, for whatever reason by Digibase to enforce this agreement must not be construed as a waiver in any shape or form of this agreement or any terms therein.
- 1 1. Entrance into Contract
- 2 2. Termination
- 3 3. Services Abuse
- 4 4. Hosted Services
- 5 5. Robots/Spiders/Automated access
- 6 6. Data Interception/Profiling
- 7 7. Warranties
- 8 8. Law Enforcement and Investigations
- 9 9. Negligence
1. Entrance into Contract
Upon initiating a connection, automated or manually, to any service or system provided by Digibase, The User agrees to terms provided by this document and any perusing documents that apply. It is the sole responsibility of The User to review and understand any terms that are put forth. Digibase makes a best effort, where possible, via messages that are displayed as users connect to services to advise users accessing various services of these terms, however cannot guarentee these terms will be read.
Termination is defined as the act of discontinuing this agreement indefinitely and any pursuant agreements. Upon termination, any and all accounts and access to any services or systems shall be revoked.
2a. User-Initiated Termination
In order to terminate this agreement and any pursuing agreements, The User must immediately discontinue any and all access to services and systems Digibase provides. If The User has created account(s) on one or more services, Digibase must be notified as to terminate these accounts.
2b. Digibase Operations-Initiated Termination
Digibase may also elect at its discretion to terminate this agreement and any pursuing agreements for any reason whatsoever. Digibase will make an effort to notify The User of any infractions, but cannot guarantee notification.
3. Services Abuse
Service abuse is deemed a high offence by Digibase and it will not permitted under any circumstances. Service abuse includes, but is not limited to:
- DoS (Denial of Service attacks)
- Attempts to exploit services or systems
- Attempts to hijack accounts, services, systems or any resource
- Repeated, excessive access for the same resource
- Spam, UCE or any other unprovoked mass messaging
4. Hosted Services
Digibase provides various services for both public and private usage. Services are defined as any method that one can utilize to communicate with computer systems.
4a. Internet Relay Chat
Internet Relay Chat ("IRC") is a service that enables users to collaborate and communicate with each other in realtime. The terms specific to this service are available at: <http://www.digibase.ca/IRC_Terms_of_Service>
Web Hosting is a service that enables content to be posted to the Internet via HTTP (Hyper Text Transfer Protocol). The terms specific to this service are available at: <http://www.digibase.ca/SPH_Terms_of_Service>
5. Robots/Spiders/Automated access
Robots/Spiders are automated tools used to access content to index,analyse,categorize content and data served by Internet servers and the users of the services. Such tools also fall under the conditions of this agreement pursuant to section (1) as such, Digibase reserves the right to prevent automated access to any service at any time from any source.
6. Data Interception/Profiling
User privacy is deemed a necessity by Digibase and will not be waived outside of Law Enforcement warrants. For regions where law requires one or more parties in communication to agree to data interception Digibase automatically forbids any and all interception or modification of data exchanged between Digibase's systems and The User.
Any party intercepting data shall be deemed as accessing services and therefore subject to section (1)
Digibase makes no warranty, or certification, implied or otherwise that service will be at their complete satisfaction. If The User feels the service is insufficient for their requirements, the only alternative is to terminate this agreement and cease usage of any and all services provided by Digibase (see section 2b)
8. Law Enforcement and Investigations
Law enforcement is seen by Digibase as a matter of great importance and will co-operate with investigations provided proof that there is illegal activity occurring on it's services. Digibase will cooperate with various investigations regarding illegal activities provided a Canadian court-issued warrant is provided.
In order to get best compliance of Digibase in a legal matter, one must contact Digibase prior to contacting law enforcement.
8a. Scope of Law
Digibase functions in the country of Canada, therefore is subject to Canadian and International law. Laws not pertaining to Canada do not apply to Digibase. Users are soley responsible for following their regional local laws, Digibase is not responsible for enforcing laws outside of Canadian jurisdiction.
To Copyright Holders:
The Digital Millenium Copyright Act (DMCA) is a United States law, and as such does not apply to Digibase. Do be advised such notices shall be discarded without review. It is advised that methods that are not within the provisions of the US DMCA are to be used for notifying Digibase of copyright issues.
8b. Private Investigators
Digibase emphasizes private investigators are NOT seen as law enforcement by Digibase whatsoever and are prohibited from accessing Digibase services or systems for the purpose of an investigation. Digibase has an internal method of investigation and will launch an investigation of its own. This is not negotiable. Investigators are subject to these terms via section (1).
To the maximum extent permitted by the law, the User shall defend, and render Digibase, its administration, contractors and related personnel harmless in any event and shall defend Digibase, its administration, contractors and personnel absolutely. Digibase is not responsible for data loss, reputation damage, data leaks and other such items due to user negligence.
9a. Data Backups
The User is advised to perform routine backups of any data hosted on Digibase systems to their own computer systems. Digibase makes an effort to maintain "courtesy" backups, however cannot guarentee these backups. Digibase is not responsible for maintaining backups of user data outside of explicit agreements.
9b. Data Leaks
Digibase maintains every attempt to secure data on its systems, however is not responsible for leaks due to software in use by The User either on their own computer or uploaded to Digibase systems.
9c. Third Party Software
Users may upload and use software in certain circumstances (such as web hosting) on Digibase systems. Digibase is not responsible for third party software utilized by users whatsoever, this includes but is not limited to malfunctions, crashes, exploits or bugs. Digibase at its discretion may remove third party software from its systems to maintain security and integrity.
Revised: 2010-11-15, Authorized by Kradorex, Royce