Terms of Service

1.) Introduction

This Terms of Service Agreement (this “Agreement”) is entered into by and between Digital Strategy Associates, LLC, (“Digital Strategy Associates”) and you, and is made effective as of the date of your use of our services or acceptance of a separate contract, agreement, or memorandum of understanding, issued by Digital Strategy Associates. 

This Agreement sets forth the general terms and conditions of your use of the products and services purchased or accessed through Digital Strategy Associates (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.

Your use of our services and your electronic or physical acceptance of this Agreement, signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies which are incorporated herein by reference:

  1. Privacy Policy
  2. Support Scope
  3. Mailing Policy
  4. Law Enforcement Policy

2.) Account Setup and Client Responsibilities

2a.) Account Setup / Email on File / Accurate Details

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) to mitigate fraud. It is your responsibility to provide us with a valid and active email address for which you can access. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current and up to date at all times. Providing false contact information of any kind may result in the termination of your account or the rejection of your order. At our discretion, we may request you provide government issued identification and a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

2b.) Transfers for Web Hosting

We will make every effort to help you move your site to us; however, we can not make guarantees of the transfer process. We cannot make guarantees regarding the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.

 

3) Client Content

3a.) Compliance with the Law

All services provided by Digital Strategy Associates may only be used for lawful purposes. The laws of the State of New Jersey and the United States of America apply.

The customer agrees to indemnify and hold harmless Digital Strategy Associates from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account.

If you believe that your copyright or trademark is being infringed upon, please email abuse@digitalstrategyllc.com with the information required.  If the request is of a licensing issue, we may require further documentation.

 

3b.) Prohibited Content

Examples of prohibited material on all Services include:

Explicit Adult Content [such as pornography], IRC Bots, ClickJackers, proxy scripts / anonymizers, pirated software / nulled software / warez, public image dumps (similar to PhotoBucket), public file dumps (similar to RapidShare), RapidLeech, game servers, commercial banner ad services, commercial audio streaming (more than one or two streams), escrow, high-yield interest programs (HYIP) or related sites, investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, bank debentures, bank debenture trading programs, prime banks programs, lottery sites, muds / RPGs, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities, IP scanners, brute force programs, mail bombers, spam scripts, and forums that distribute and/or link to warez content.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services without refund. 

Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 24 hours.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography.

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Your services will be terminated with or without notice and violations will be reported to the appropriate law enforcement agency.

 

3c.) Spam and Phishing

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam.  Any account found to be sending spam will be suspended and/or terminated with or without notice at our discretion. All purchased lists even if offered as a “safe list” or “double opt-in” will be treated as spam. Any user who sends out spam may have their account suspended and/or terminated with or without notice. Please read this for our generalized mail policy.

Sites advertised via SPAM (spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Digital Strategy Associates reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. We may invoice the account holder of the account responsible for sending spam an investigation and clean-up fee at the rate of $85 per hour (with a 1 hour minimum).

Any account found to be hosting a phishing page will be suspended and/or terminated with or without notice at our discretion. Phishing is defined as any site that masquerades as another trustworthy site in attempts to acquire sensitive information such as usernames, passwords, credit card information, banking information, pin numbers, or any other personal information. 

Phishing pages result in stolen identities, stolen banking information, stolen credit card information, and fraud that can cause the victims of these pages weeks, months, years, or even a lifetime of problems. Due to the serious issues that phishing pages cause, phishing is not something that is taken lightly. In the event that your account is suspended for phishing there is a very good chance that your account will not be re-enabled.

Any account suspended or terminated due to a phishing policy violation will be ineligible for refund. We may invoice you an hourly fee of $85 per hour (with a 1 hour minimum) for all time spent investigating any report that results in account suspension or termination.

 

3d.) Account Security Responsibility

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 644 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

The security of your support and billing system, cPanel, WHM, FTP, and SSH credentials are your responsibility. You are required to maintain a strong and secure password for these services and that you do not share these credentials with any other services (i.e. not using the same password for your email as well as your cPanel account). We recommend your password be no fewer than 8 characters, include at least one of each of the following: an upper case letter, lower case letter, a number, and a symbol. We also strongly suggest rotating your password at least once every 3 months.

You are expected to use a secure form of FTP to connect to our servers such as FTPES (FTP Explicit over SSL) or sFTP (Secure FTP). Standard FTP is insecure and transmits your username and password in plain-text which should be avoided. Standard FTP is only available for legacy application requirements. 

All software must be kept up to date, including scripts, plugins, and themes, or otherwise be secured against unauthorized intrusion or hacking. In the event that we are made aware of an account that has been compromised or hacked, we may immediately suspend the service pending a full investigation. We may invoice the account holder of the compromised or hacked account an investigation fee at the rate of $85 per hour (with a one hour minimum).

 

3e.) Third Party Responsibility

Clients are responsible for supporting their own users and customers. Digital Strategy Associates does not provide support to our Clients users and customers unless specified in a separate managed services agreement. If a Client’s customer or user contacts us, we reserve the right to place the client account on hold. All support requests must be made by the Client on their user or customers behalf for security purposes. Clients are also responsible for all content stored or transmitted under their  account and the actions of their customers and users. Digital Strategy Associates will hold any Client responsible for any of their customers or users actions that violate the law or these terms of service.

 

3f.) Security Audits

Digital Strategy Associates reserves the right to reset the password on Client accounts if the password on file is not current so that we may do security audits as required by our datacenter and internal company policies. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their account on file to prevent downtime from forced password resets. Digital Strategy Associates reserves the right to audit accounts as needed and to perform administrative actions at the request of our datacenter.

 

3g.) Reselling Services

Clients may not resell their web hosting account or other services provided by Digital Strategy Associates without the express, written consent of Digital Strategy Associates.

 

4.) Account Limitations and Resource Usage

4a.) Shared Hosting Limits

  • All shared hosting accounts are limited to 250,000 Inodes (Files).
  • Shared Hosting is limited to 1 CPU Core, 1 GB RAM, 20 Entry Processes, 100 Processes, 20 Megabytes/second I/O, and 25 Concurrent MySQL Connections.

Accounts found to be consistently exceeding these limits will either need to optimize to reduce usage or upgrade to another plan.

 

4b.) Resource Usage

Users may not:

      • Use 25% or more of system resources for longer then 120 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, MySQL, etc.
      • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
      • Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
      • Run any software that interfaces with an IRC (Internet Relay Chat) network.
      • Operate any sort of chat box, shout box, or other chat platform that is hosted directly from our servers.
      • Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
      • Participate in any file-sharing/peer-to-peer activities.
      • Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
      • Run cron entries with intervals of less than 5 minutes without prior written approval.
      • Use our hosting accounts for the storage of backups or other data not related to active websites.

 

4c.) Bandwidth Allowance

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. You will be billed for bandwidth usage beyond your allocated amount at the rate of $1 per gigabyte. Unused transfer in one month cannot be carried over to the next month or refunded.

4d.) Backup Generation

The backup process which packages and compresses your account can be very resource intensive and as such all backup processes should be performed during off-peak times as defined below. Any backup process found to be causing performance issues for others on the server due to backup generation during peak time periods can be disabled and, at our discretion, the account suspended until the account holder contacts our support department.

Off-peak times which are acceptable for backup generation are defined as:

      • Monday through Friday from 10 PM ET to 7 AM ET.
      • Saturday and Sunday at any time [12:01 AM ET Saturday to 11:59 PM ET Sunday].

 

4e.) IPv4 Addresses (IP Addresses)

Digital Strategy Associates does not recognize or condone the usage of Dedicated IP addresses in a shared, environment for any purpose other than SSL as required by the SSL Protocol. Any site located on a Dedicated IP without an active SSL certificate or our written approval, can, at our discretion and without warning, be moved to a shared IP address of our choosing.

 

5) Payment Information

You agree to supply appropriate payment for the services received from Digital Strategy Associates, in accordance with a separate agreement between us or you, or in advance of the time period during which such services are provided. You agree that until and unless you notify Digital Strategy Associates of your desire to cancel any or all services received, those services will be billed on a recurring basis or until termination of a separate agreement.

We accept Visa, MasterCard, Discover, American Express, through our third party payment provider. We will also accept direct mail-in payments or purchase orders on annual or longer billing cycles only with prior approval from us.

Cancellations must be done in writing via the cancellation form provided in the client dashboard. Once the cancellation is submitted via our support system you will receive a cancellation confirmation. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately. Do make sure to check your “spam” or “junk” folder for this confirmation message.

As a client of Digital Strategy Associates, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Digital Strategy Associates provides a 7 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 7 days and is not paid in full will result in account suspension until the account balance has been paid in full. Invoices are assessed a late fee of 10% or $5, whichever is greater, when they become 15 days past due. Any account that is overdue for 30 days and has not paid will be automatically terminated.

Invoices that have been paid more than once are automatically added as credit towards the account and will not be refunded.

The amount you pay for hosting will never increase from the date of purchase without prior notice. We reserve the right to change prices listed on Digital Strategy Associates, and the right to increase the amount of resources given to plans at any time. 

Digital Strategy Associates reserves the right to change the monthly payment amount and any other charges at anytime.

 

6) Cancellations and Refunds

6a.) Cancellation Policy

Cancellations must be submitted via our Billing and Support system via the client dashboard. Full step-by-step cancellation directions can be found in our knowledgebase. Cancellations requested via e-mail will not be honored and directions will be provided to submit a cancellation via our Billing and Support system. Refund requests after the initial 30 days of service will result in a pro-rated credit being added to your Digital Strategy Associates client account. Prorated credits will be calculated less any promotions or discounts applied to the term being credited. After 30 days a prorated refund may be given at Digital Strategy Associates’ sole discretion for accounts in good standing. Any prorated refunds will be calculated less any promotions or discounts applied to the term being prorated.

There are no refunds for lifetime plans, design services, or domain registrations. All licenses are non-refundable including, but not limited to: cPanel Licenses, Softaculous Licenses, WHMCS Licenses, and LiteSpeed Licenses.  

Customers may cancel at any time via the cancellation form in your client dashboard. Digital Strategy Associates gives you an unconditional 30 day money back guarantee on managed shared, premium, vps, and reseller solutions. There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

 

6b.) Refunds

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund. If you have opened a second account with us, it will not be eligible for refund.

Digital Strategy Associates reserves the right to cancel any account at any time with or without notice.

Violations of these Terms of Service will waive the refund policy and no refund or credit will be granted.

 

6c.) Money Back Guarantee

Each of Digital Strategy Associates web hosting services carry a 30 day unconditional money back guarantee. If you are not completely satisfied with our services within the initial first 30 days of your service, you will be given a full refund. Any domain name registered for free is valued at $25 and the refund will be reduced by this amount.

No refunds will be granted for dedicated servers, colocation, lifetime plans, design services, managed services, renewals, and domain registrations — the 30 day money back guarantee does not apply.

 

6d.) Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Digital Strategy Associates dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact support@digitalstrategyllc.com with justification. All requests must be made in writing via email within the 7 days following the calendar month where the uptime guarantee was not met.

 

7.) Domain Renewal Notices and Domain Renewals

As required by the ICANN we will send a domain renewal notice 30 days and 5 days prior to expiration as well as 5 days after expiration. 

We renew domains 7 days prior to their expiration to allow time to resolve any issues that may arise preventing the renewal of the domain such as but not limited to: an expired credit card, insufficient funds in your PayPal account, bank holidays, etc. 

If a domain is set to auto-renew we will attempt to renew it automatically on the renewal date. If the domain fails to renew on the renewal date we will try again on the expiration date. If a domain is set to not auto-renew you will still receive the renewal notices 30 days and 5 days prior to expiration as well as the reminder 5 days after expiration although we will not attempt to renew the domain for you. If you do wish to renewal a domain that is set to not auto-renew you can do so manually from the domain details in our support system.

 

8.) Backups and Data Loss

Your use of the service is at your sole risk. Digital Strategy Associates is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Digital Strategy Associates servers. While Digital Strategy Associates does maintain backups of your files and/or data on our web hosting servers, we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence. Any account larger than 5 gigabytes may, at our discretion, be excluded from our backup systems with or without notice. All cPanel backup files, backup-*.tar.gz and cpmove-*.tar.gz, older than 72 hours will be removed from the server automatically and we suggest downloading said backups to an off-server location.

 

9.) Indemnification and Liability

9a.) Indemnification

Customer agrees that it shall defend, indemnify, save and hold Digital Strategy Associates harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Digital Strategy Associates, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Digital Strategy Associates against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Digital Strategy Associates; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Digital Strategy Associates’ server.

 

9b.) Limited Liability

Under no circumstances, including negligence, shall Digital Strategy Associates, its offices, agents or any one else involved in creating, producing or distributing Digital Strategy Associates services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Digital Strategy Associates services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Digital Strategy Associates records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Digital Strategy Associates servers.

 

9c.) Arbitration

By using any Digital Strategy Associates services, you agree to binding arbitration. If any disputes or claims arise against Digital Strategy Associates or its subsidiaries, such disputes will be handled by an arbitrator of Digital Strategy Associates choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

 

9d.) Disclaimer

Digital Strategy Associates shall not be responsible for any damages your business may suffer. Digital Strategy Associates makes no warranties of any kind, expressed or implied for services we provide. Digital Strategy Associates disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Digital Strategy Associates and its employees.

 

10.) Miscellaneous Provisions

10a.) Disclosure to law enforcement

Digital Strategy Associates may disclose any subscriber information and files, databases, access logs, and other account data to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

 

10b.) Addendum Terms and Agreements

By agreeing to these terms of service you agree to have read and understood not only this document, but our privacy policy, support scope, and our mailing policy documentation and agreement.

 

10c.) Severability

If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

 

10d.) Changes to the Terms of Service

Digital Strategy Associates reserves the right to revise its policies at any time without notice.

 

Terms of Service updated 11/27/2017.

Privacy Policy

Digital Strategy Associates is committed to protecting the privacy of our clients.  By using our services and products, you agree to the use of data that we collect in accordance with this Privacy Policy. 

We are committed to protecting your privacy

We collect the minimum amount of information about you that is commensurate with providing you with a satisfactory service. This Policy indicates the type of processes that may result in data being collected about you. Your use of this website gives us the right to collect that information.

Information Collected

We may collect any or all of the information that you give us depending on the type of transaction you enter into, including your name, address, telephone number, fax number, email address, usernames, and passwords, together with data about your use of the website (digitalstrategyllc.com). Other information that may be needed from time to time to process a request may also be collected as indicated on the website.

Information Use

We use the information collected primarily to process the task for which you visited the website or service for which you have engaged us to perform. All reasonable precautions are taken to prevent unauthorized access to this information. This safeguard may require you to provide additional forms of identity should you wish to obtain information about your account details.

Cookies

Your Internet browser has the in-built facility for storing small files – “cookies” – that hold information which allows a website to recognize your account. Our website takes advantage of this facility to enhance your experience. You have the ability to prevent your computer from accepting cookies but, if you do, certain functionality on the website may be impaired.

Disclosing Information

We do not disclose any personal information obtained about you from this website to third parties. We may use the information to keep in contact with you and inform you of developments associated with our business. You will be given the opportunity to remove yourself from any mailing list or similar device. If at any time in the future we should wish to disclose information collected on this website to any third party, it would only be with your knowledge and consent.

 

We may from time to time provide information of a general nature to third parties – for example, the number of individuals visiting our website or completing a registration form, but we will not use any information that could identify those individuals.

Domain Name Registration

Client understands that domain name ownership information (including name, address, phone, and email address) is publicly available through the WHOIS database. 

Disclosure to Law Enforcement

Digital Strategy Associates may disclose any client information to law enforcement agencies without further consent or notification to the client upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Changes to this Policy

Any changes to our Privacy Policy will be placed here and will supersede this version of our Policy. We will take reasonable steps to draw your attention to any changes in our Policy. However, to be on the safe side, we suggest that you read this document each time you use the website to ensure that it still meets with your approval.

Contacting Us

If you have any questions about our Privacy Policy, or if you want to know what information we have collected about you, please contact us here. You can also correct any factual errors in that information or require us to remove your details from any list under our control.

Support Scope

The following document outlines the scope and limitation of support for each product that Digital Strategy Associates offers. Because web hosting service by nature relies on a combination of customer supplied client software and third-party products it is important to define what is supported by our company and what is the responsibility of the customer and/or third-party software vendors.  Please note additional support scopes may be applicable to clients who have a managed services agreement with us.

Submitting a Support Request

All clients may submit a support request via email to support@digitalstrategyllc.com or through the support help desk on the client dashboard. While we strive to respond to support requests in a timely manner, we cannot guarantee a specific turnaround time, unless detailed in a separate managed services agreement between Digital Strategy Associates and the client.  Support requests are not serviced on a first come/first serve basis, but rather are triaged to ensure the most urgent requests are addressed first.  Support requests must be submitted by the point of contact listed for the account.  Requests from other individuals, customers, or users, will not be addressed, unless they are listed as a contact for the account. 

Services We Support

Common Services. We actively monitor and ensure that all basic services are working, such as email, FTP, SSH, web serving, and cPanel. If you feel a service is not working, we will manually check to make sure it is working as intended.

 

Server Software. We will maintain and secure all software that resides on a server, such as Apache, MySQL, and PHP. We will control and determine the version and configuration of software on our servers. As a result, software we have installed may not always be the latest version available or be compatible with your own software.

 

Hardware. We will monitor and maintain all of the server hardware. In the event of a hardware failure, we will replace any faulty hardware as soon as possible.

Client Responsibility

Internet Training. It is expected that you have a basic understanding of Internet concepts such as DNS, email, and FTP.

 

Data Backup. You are responsible for maintaining current backups of your data. We maintain our own backups in the event of a disaster, however, we do not guarantee the availability or restoration of any lost data.

 

DNS Zone Files. A DNS zone file converts your IP address to your domain name. You can modify MX, CNAME, A, and other records for your domain’s zone file from cPanel.

 

Domain Names. You are responsible for using the supported services provided by your registrar for anything related to your domain name. If you choose not to use our nameservers, you are responsible for modifying your DNS records to point to your IP address, which can change without notification.

 

Domain Name Change. You can change the domain name associated with your account, however, you are responsible for modifying any and all path names in any scripts or applications to reflect this change.

 

Email Client Configuration. We can assist you with the most basic settings for an email account with your preferred mail client, such as Microsoft Outlook or Apple Mail. However, we cannot assist you in any advanced configuration or troubleshooting, such as spam filtering.

 

FTP Client Configuration. We cannot provide extensive troubleshooting relating to the advanced configuration of your FTP software. We will do our best to help you make a connection to your account. You are expected to use a secure form of FTP to connect to our servers such as FTPES (FTP Explicit over SSL) or sFTP (Secure FTP). Standard FTP is insecure and transmits your username and password in plain-text which should be avoided. Standard FTP is only available for legacy application requirements.

 

Scripts & Applications. You are fully responsible for the installation and operation of any and all scripts and applications. We will not troubleshoot or provide any support relating to malfunctioning scripts or applications. You are responsible for maintaining the latest version of any and all scripts and applications. 

Mailing Policy

The use of services from Digital Strategy Associates LLC [hereafter referred to as “Digital Strategy Associates”] constitutes agreement to these terms.

 

Digital Strategy Associates is first and foremost a web hosting provider. We do offer email services as an added convenience, however, there are policies that our customers must be aware of and follow.  Customers with large mailing lists and those that need to send substantial amounts of email should consider a dedicated mailing provider. The limits listed in this document apply to each cPanel account [hereafter referred to as “account”].

Limits

  • Any attempts to bypass any mailing restrictions or limitations enumerated in this document may result in the suspension and/or termination of all related services.
  • All accounts are limited to 1,000 emails sent per hour. Any mail above and beyond this limits will be failed and will be discarded without delivery
  • All accounts have a fair-use limit of 12,000 messages per day.
  • Any account receiving more than 20 spam reports over a rolling 30 day period, or 10 spam reports over a rolling 7 day period may, at our discretion, be required to utilize a third party mailing service for all outgoing email.
  • Scripts which send email as a result of user activity (user registration, new comment posted, forum subscriptions, etc) should include measures to prevent abuse.
  • “Refer a friend” and “tell a friend” type forms where a custom subject and message body can be provided by the visitor submitting the form are strictly prohibited.
  • Direct SMTP mailers, such as DarkMailer, are not permitted.

Mailing Lists

  • Use of any list that was purchased or given to you is strictly prohibited.
  • All mailing list subscribers must be double opt-in.
  • All outbound mail must be relayed through our local Mail Transit Agent on port 25 or 26 unless you are using a third party dedicated mailing provider.
  • Mailing lists may not have more than 5,000 recipients.  Splitting one list into separate lists to circumvent this limit may result in account suspension and/or termination.

Forwarded Email

Messages forwarded to external mail providers via our servers may not be reported as spam regardless of their content. If you wish to report messages that were forwarded as spam, create a local email account and obtain the headers from our server, and not at the final forwarded destination.

 

Access to this feature may be disabled or restricted for any account as necessary to maintain our email sending and IP address reputations.

Unsolicited Commercial Email [UCE] / SPAM

Any Unsolicited Commercial Email will be considered spam. Sites hosted with us may not be advertised via spam [i.e. spamvertised].

Default cPanel Accounts / Catch-Alls

The default mail account created with cPanel may be emptied daily. The default account is a receive-only account and is not capable of sending mail. Often this default mailbox is ignored resulting in hundreds of thousands of emails from scripts filling this box and never being manually emptied. Should you require a catch-all, please create a regular email account in your cPanel under “Email Accounts” and then set that email address as the default (catch-all) under the option “Default Address.”

Law Enforcement Policy

These guidelines are intended for law enforcement personnel seeking to request information about Digital Strategy Associates LLC clients.

Client Information

Digital Strategy Associates LLC in accordance with our Privacy Policy and Terms of Service holds client information. We require a subpoena, court order, or other valid legal process to disclose information about our clients.

Data Retention Information

Digital Strategy Associates LLC retains different types of information for different time periods. Given Digital Strategy Associates LLC’s real-time nature, some information may only be stored for a very brief period of time.

Preservation requests in accordance with applicable law must be signed, include the client’s information, a valid return email address, and be sent on law enforcement letterhead. Requests may be sent to info@digitalstrategyllc.com.

Private Information Requires a Subpoena or Court Order

In accordance with our Privacy Policy and Terms of Service, non-public information about Digital Strategy Associates LLC users is not released except as lawfully required by appropriate legal process such as a subpoena, court order, or other valid legal process.

Some information we store is automatically collected, while other information is provided at the user’s discretion. Though we do store this information, it may not be accurate if the user has provided fake or anonymous information. Digital Strategy Associates LLC doesn’t require email verification or identity authentication.

Requests for User Information

Digital Strategy Associates LLC is located in New Jersey and will only respond in compliance with U.S. law to valid legal process. For example, requests for contents of communication require a U.S. search warrant.

Emergency Requests

Digital Strategy Associates LLC evaluates emergency disclosure requests on a case-by-case basis. If we receive information that gives us a good faith belief that there is an emergency involving the death or serious physical injury to a person, we may provide information necessary to prevent that harm, if we have it.

Requests From Non-U.S. Law Enforcement

U.S. law authorizes Digital Strategy Associates LLC to respond to requests for user information from foreign law enforcement agencies that are issued via U.S. court either by way of a mutual legal assistance treaty or a letter rogatory. It is our policy to respond to such U.S. court ordered requests when properly served.

Notification of Users for Requests for Account Information

Digital Strategy Associates LLC’s policy is to notify clients of requests for their information prior to disclosure unless we are prohibited from doing so by statute or court order (e.g., an order under 18 U.S.C. § 2705(b)).

What Information Must Be Included in the Request?

When requesting user information, your request must include:

    • The clients name, address, and website URL (if applicable).
    • Details about what specific information is requested and its relationship to your investigation.

• A Valid email address and phone number for the law enforcement official requesting the information.

How To Make an Emergency Request

If there is an emergency that involves the danger of death or serious physical injury to a person that Digital Strategy Associates LLC may have information necessary to prevent, you may make an emergency disclosure request by calling 862-243-2932.

Please include all of the following information:

    • Identify the person who is in danger of death or serious physical injury;
    • The nature of the emergency (e.g., report of suicide, bomb threat);
    • Client name, address, and a list of the subject account(s) whose information is necessary to prevent the emergency;
    • The specific information requested and why that information is necessary to prevent the emergency; and
    • All other available details or context regarding the particular circumstances.