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 particular Services, including other separate contracts or agreements you may enter into with Digital Strategy Associates.
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:
2.) Account Setup and Client Responsibilities
2a.) Account Setup
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 our Services. 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 website, files, media, databases, and previous hosting account to us; however, we can not make guarantees of the transfer process. We cannot make guarantees regarding the amount of time it may take. Although we will try our best, however, in some cases we may be unable to assist you in a transfer of data from your previous provider.
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 [email protected] 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 or brand, 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. Additional details concerning this policy can be found in our Mailing 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 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 and Performance 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, including accessing Client’s files hosted with us, 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
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:
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 $5 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:
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. 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
Upon any termination of Services agreement by Client, Digital Strategy Associates shall be entitled to payment for all Services up to the date of such termination.
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 [email protected] 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 02/17/2019.
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 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.
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.
Digital Strategy Associates LLC is a Limited Liability Company incorporated under the laws of the State of New Jersey in the United States of America. Our website address is: https://digitalstrategyllc.com.
Analytics
We use Google Analytics to analyze visitor traffic to our website. For more information, please visit Google’s Privacy Policyt Page at: https://www.google.com/policies/privacy/
Caching
This site utilizes caching in order to facilitate a faster response time and better user experience. Caching potentially stores a duplicate copy of every web page that is on display on this site. All cache files are temporary, and are never accessed by any third party, except as necessary to obtain technical support from the cache plugin vendor. Cache files expire on a schedule set by the site administrator, but may easily be purged by the admin before their natural expiration, if necessary.
Comments
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
We collect information about visitors who comment on Sites that use our Akismet anti-spam service. The information we collect depends on how the User sets up Akismet for the Site, but typically includes the commenter’s IP address, user agent, referrer, and Site URL (along with other information directly provided by the commenter such as their name, username, email address, and the comment itself).
Contact forms
Our contact forms collect your personal information including full name, organizational affiliation, email address, telephone number, and IP address.
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.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
Our website uses plugins from YouTube, which is operated by Google. The operator of the pages is YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA. If you visit one of our pages featuring a YouTube plugin, a connection to the YouTube servers is established. Here the YouTube server is informed about which of our pages you have visited. If you’re logged in to your YouTube account, YouTube allows you to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account. YouTube is used to help make our website appealing. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO. Further information about handling user data, can be found in the data protection declaration of YouTube under https://www.google.de/intl/de/policies/privacy.
For uniform representation of fonts, this page uses web fonts provided by Google. When you open a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly. For this purpose your browser has to establish a direct connection to Google servers. Google thus becomes aware that our web page was accessed via your IP address. The use of Google Web fonts is done in the interest of a uniform and attractive presentation of our plugin. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO. If your browser does not support web fonts, a standard font is used by your computer. Further information about handling user data, can be found at https://developers.google.com/fonts/faq and in Google’s privacy policy at https://www.google.com/policies/privacy/.
Media
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
We may 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.
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Visitor comments may be checked through an automated spam detection service. We utilize Cloud Flare to provide website firewall and visitor screening services. Visitors who make a submission via our contact forms will have their information transmitted to Salesforce, our CRM partner. Online payments through our website are processed through Intuit or PayPal.
Digital Strategy Associates takes its responsibility to safeguard personal information seriously. If a data breach occurs, we have policies and procedures in place to address the issue immediately. A data breach occurs when “any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person is involved in a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed.” If a data breach occurs, Digital Strategy Associates will notify the affected parties within 72 hours of the discovery of the data breach.
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.
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.
Revised 2/17/2018
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 [email protected] 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.
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
Mailing Lists
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.”
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 [email protected].
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:
• 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: