THIS CONTRACT, TOGETHER WITH THE ACCEPTABLE USE POLICY, ALL APPLICABLE QUOTES, PRICE LISTS AND SOFTWARE LICENSE AGREEMENTS OF DIGITAL PHANTASY AND THIRD PARTIES (COLLECTIVELY "THE AGREEMENT" OR "THIS AGREEMENT") REPRESENTS THE COMPLETE AGREEMENT AND UNDERSTANDING BETWEEN DIGITAL PHANTASY DEVELOPMENT ("DIGITAL PHANTASY") AND YOU, THE DIGITAL PHANTASY ACCOUNT HOLDER ("YOU" OR "YOUR"), AND SUPERSEDES ANY OTHER WRITTEN OR ORAL AGREEMENT PERTAINING TO YOUR DIGITAL PHANTASY SERVICES. BY USING DIGITAL PHANTASY SERVICES OR DIGITAL PHANTASY SOFTWARE, OR BOTH, YOU AGREE TO BE BOUND BY AND TO COMPLY WITH THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. VIOLATION OF ANY PROVISION OF THIS AGREEMENT IS GROUNDS FOR, BUT NOT LIMITED TO, IMMEDIATE TERMINATION OF YOUR DIGITAL PHANTASY ACCOUNT. Content

DIGITAL PHANTASY reserves the right to discontinue any and all Services at any time, without prior notice or obligation, for any conduct which DIGITAL PHANTASY, at its sole discretion, concludes is not tolerated by this Agreement or harmful to DIGITAL PHANTASY interest or the interests of others. DIGITAL PHANTASY also may limit, restrict or prohibit access to its system resources as DIGITAL PHANTASY, in its sole discretion, regards appropriate to provide the availability of such resources.
Your DIGITAL PHANTASY account(s) will be considered delinquent if your credit card company refuses payment of amounts billed to it and if not received after the next billing cycle. Account(s) are also considered delinquent if payment is not received in full by your billing date. Accounts that are delinquent may be suspended, archived or terminated from the DIGITAL PHANTASY system. Suspended accounts will continue to accrue late charges until reinstated or properly cancelled, even if you are not using the account, the account holder. You are responsible for any account opened by you until payment is made in full.

UNLIMITED BANDWIDTH: By the very nature of the internet and networking, this term may be misleading. Digital Phantasy defines unlimited bandwidth as unmetered bandwith within reason. Your per-second transfer rate is limited by the equipment both of the server and of your end user/browser location, and all points in between. However, your total usage of bandwidth is unmetered - the only exception being in the case of large spikes in bandwidth due to file sharing, streaming, or live media broadcasts; these will be monitored for legal reasons to ensure nothing illegal or in violation of these Terms is in progress. Consistant bandwidth "hogging", or tying up 50% or greater of the server's available per second bandwidth for an extended period of time may result in bandwidth "throttling" being placed on the offending site. Throttling is limiting the per-second transfer rate in order to free up available bandwidth for other customers. In the event that your domain(s) require 50% or greater of the available connection rate, please contact us about dedicated/shared server options.

Customer is responsible for any and all content placed for hosting with Digital Phantasy, without exception.

Customer shall have proper rights and/or have paid licensing fees for content, including but not limited to, graphics, HTML, sources, material and development tools. Customer agrees to remove any and all content which shall be disputed by third parties until proper resolution of claims of ownership and/or intellectual property rights are resolved. Furthermore, customer agrees to pay for any and all legal fees and judgments incurred by DIGITAL PHANTASY, parent company DIGITAL PHANTASY Development, for defense resulting from litigation/lawsuit arising from disputes of content ownership, in addition to a $150 non refundable charge to cover DIGITAL PHANTASY's time in disputes of content that the client (You) is at fault. Customer will not use DIGITAL PHANTASY for the intentional display of information for the purposes of inflicting emotional distress upon others, including but not limited to publishing personal information of others, libelous/slanderous publishing or those of racial/ethnocentric/"hate crimes".

Responsible Internet Use

Customer is responsible for their conduct while using the services of DIGITAL PHANTASY, without exception.

Digital Phantasy does not condone nor tolerate the use of Unsolicited Commercial Email (UCE) or blanket advertising of services in Usenet forums (SPAM).
Customers who utilize this method of advertising their web sites do so at the risk if immediate termination of service without refund.Any type of mass mailing, unauthorized mailing, mass or singular, "mail bombing" or anonymous mass mail scripts fall under the category of SPAM.

Use of domains hosted by DIGITAL PHANTASY in UCE or SPAM which generate complaints or return-mail to/from customer's domain shall be subject to a $2.00 fee per complaint or returned-mail message.

Domain Registration/Fees

Customer is responsible for all domain registration fees to the Internic and other registration services. In the event of domain name ownership disputes, DIGITAL PHANTASY shall disable the use of the domain until the conflict is resolved. While DIGITAL PHANTASY provides domain name registration services, customer is responsible for maintenance of domain names and any applicable fees.

Payment

Outstanding balances, credit card declines, returned checks or invoice payments must be resolved no later than 10 days or account is subject to suspension or revocation. Accounts placed into suspension may be charged a $150 service fee prior to being reactivated. Returned check fees are $30 in addition to the amount of the check plus one month's service.

Unless otherwise noted, all accounts shall be charged a one time non-refundable $5 site and domain registration fee. This amount is in addition to any and all Internic registration fees.

Late fees/reconnection fees are non-negotiable. Failure to pay any due fees will result in the cancellation of the account and deletion of files after a 30 day period.

Cancellation

Customer can terminate services at any time. Termination will begin on the first day of the month after notification. Notification must be either in writing to our offices or via oral notification via telephone call to our offices. Under no circumstances will cancellations be accepted via electronic mail. Cancellation of a pre-paid account is not automatically subject to a pro-rated refund unless falling under the 30 day Money Back policy.

Customers wishing to have refund in accordance with our 30 Day Money back policy Termination will begin the moment you Request Termination with no exceptions. Customer is responsible for all charges leading to the first day of termination. Customer is responsible for any and all fees in transferring domain name. Upon termination, DIGITAL PHANTASY is not responsible for any and all transactions of customers domain including but not limited to data storage, electronic mail reception, data forwarding, domain name service, tape back-ups or web site notifications/forwarding or change of address messages.

Liability

In the event of outages, including but not limited to, Internet backbone outages, router flaps, disconnected service, common carrier interruptions, strike, war, weather or other circumstances deemed an "act of God", the liability of DIGITAL PHANTASY shall be limited to the prorated refund of services for the time of the service interruption. DIGITAL PHANTASY is not liable for refunds in the event that a customer transfers their domain to a different host should an uncontrollable outage occur.

Server/Backbone/DNS/Email Outages

DIGITAL PHANTASY has limited control over server host, backbone, server host DNS server, and Email licensing attacks. Should any of these occur, as listed above in liability, DIGITAL PHANTASY will be liable only for a prorated amount of service interruption. DIGITAL PHANTASY promises to do everything in its power to resolve any such issues as promptly as possible, but in these mentioned cases DIGITAL PHANTASY again has limited control over the cause of the problems. Hacker attacks, IP blocking, Denial of Service attacks, are all examples of uncontrollable outages.

With reference to previous server outages, should this occur again, the following steps will be taken by DIGITAL PHANTASY:
1) Create current server file backups of webspaces, email boxes, and statistics logs. (This will be completed provided access to server is available)
2) Create email user database backups of users and account information. (This again will be completed provided access to server is available)
3) In the event of the current server being unavailable, DIGITAL PHANTASY will recreate main user accounts on a new server to the extent of its ability, including user email accounts, ftp accounts, and any backups of email boxes and web files that have been obtained from previous server or previous backups.

DIGITAL PHANTASY does not maintain control over user email accounts other than the primary email account created when account setup is completed. Primary user is responsible for all other email accounts in the event that recreation is needed.

Interruption Due to Non-Payment

DIGITAL PHANTASY web will not be responsible for incremental changes in customer's data. Tape back-up devices are for the purposes of restoring catastrophic failures within DIGITAL PHANTASY and not for restoration of customer data in instances where customer failed to take proper precautions against data corruption or errors of customer. Customer access to tape archives is subject to a $150 fee.

Advertising on Websites

Customers are encouraged to sell advertising on their websites. However, adult advertising on non-adult sites is forbidden, as are ads to "warez" or other such illegal activity sites. Also, one type of ad and one ad in specific is ABSOLUTELY restricted from this server: Any ad that causes a window to spawn in the visitor's browser, such as the X-10 camera ads. Any account found allowing this type of advertising will be warned, and if the advertisement is not pulled, the account will be placed into suspension.

Mature content

Digital Phantasy monitors heavily websites that include mature content. All websites containing mature content must make bold mention of that fact in the initial "default" page of the website, as well as the meta tags.

Customer will not use DIGITAL PHANTASY for the intentional display of information for the purposes of inflicting emotional distress upon others, including but not limited to publishing personal information of others, libelous/slanderous publishing or those of racial/ethnocentric/"hate crimes".

Supplemental Fees

Technical support is limited to the set-up, configuration and immediate operation of customer's web site and implementation of CGI-Toolbox. Other technical support including, but not limited to, HTML authoring techniques, Java, JavaScript, CGI access and Perl shall be at the consulting rate of $75 per hour.

Custom programming of features/access is available at the rate of $75 per hour.