Terms of Service

1. Customer agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Singapore laws, Pure Digital reserves the right to cooperate with all or any law enforcement agencies.


2. Customer agrees to follow the Acceptable Use Policy of any network user connects to, including Pure Digital systems.


3. Neither Pure Digital nor its Information Providers are responsible for any damages arising from Customer’s use of Pure Digital or by Customer’s inability to use Pure Digital’s service.


4. Customer will defend, indemnify, and hold harmless Pure Digital, its affiliates and licensors, and each of their respective employees, directors and representatives from and against any and all demands, liabilities, losses, costs and claims including attorney fees arising from the customer’s use of Pure Digital’s services which damages the customer or any other party.

Content

1. Customer hereby agrees that any material submitted for publication on Pure Digital through customer’s account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. Customer may not host any adult content, porn websites or sex related merchandising on our servers. Software intended to facilitate any such violations or infringements may not be stored on Pure Digital.


2. Examples of prohibited content (i.e. in the form of website material, domain names, or links, advertising, etc) include, but are not limited to, the following:
   • Internet Relay Chat (IRC) Software
   • Warez sites
   • Torrent sites
   • Phishing sites
   • Adult sites
   • Pharmaceutical/drug sites
   • Game servers
   • Ponzi schemes
   • Pyramid schemes
   • Hacking sites
   • Hate speech, defamatory, abusive or threatening language
   • Obscene speech or material
   • Intellectual property violations (piracy of software)
   • Initiation of pinging, flooding, mail bombing, denial of service attacks
3. The following violations of "netiquette" are grounds for immediate suspension of service pending investigation by Pure Digital and will result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.
   • Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., 20 or more) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).
   • Spamming, i.e. the sending of unsolicited mass/bulk e-mailings
   • Running unconfirmed mailing lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is strictly prohibited. Pure Digital only accepts mailing lists managed by customers to consist of email recipients which are 100% opt-in.
   • Engaging in either of the above from a provider other than Pure Digital and using an account on Pure Digital as a mail drop for responses, or advertising a web site hosted at Pure Digital.
   • Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by Pure Digital.
   • Impersonating another user or otherwise falsifying one's user name in email, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous re-mailer services.)
   • Pure Digital prohibits IRC and associated programs, including psybnc, "bots", etc., scripts commonly used for abuse, attacks, or flooding threatening, harassing, or obscene content and any proxies which do not require authentication, including open mail proxies, unprotected anonymous web surfing proxies.
4. Customer will defend, indemnify, and hold harmless Pure Digital, its affiliates and licensors, and each of their respective employees, directors and representatives from and against any and all demands, liabilities, losses, costs and claims including attorney fees arising from the customer’s use of Pure Digital’s services which damages the customer or any other party.


5. Customers whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by Pure Digital.


6. Customer is responsible for properly configuring and using Pure Digital services and taking the necessary steps to maintain the appropriate level of security and protection of customer’s content.


7. Normal Linux Server Resource Limits
   • User agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account. User may not use 50% or more of available system resources (CPU or memory) for longer than 30 seconds or more than 2% CPU daily, 3% memory daily. User may not run more than 10 simultaneous processes per user or allow any process to run for longer than 30 CPU seconds or run any process that consumes more than 32 MB of memory. Databases are limited to 16 max user connections. Cron jobs must not execute more than once every 30 minutes unless if specified by the script provider and should be set at 15 minute intervals or greater. Each cPanel account may not send more than 300 emails per hour. If it is determined that a customer’s account is overusing the system resources, we may temporarily suspend the account to prevent the server from experiencing any issues, resulting problems to other Pure Digital customers. If it is determined that the account is not suitable for the hosting environment, a notice will be sent to the customer providing them alternative solutions. Pure Digital will be the sole arbiter as to what constitutes a violation of this provision and Pure Digital reserves the right to make adjustments to these limits at our sole discretion.
   
   Read/Write and Process Limits
   • Read & write operations limit (IO) = 1024Kbps
   • Max Number of Processes (NPROC) = 100
   • Entry Process Limit (EP) = 20
8. *In addition to the above burst CPU limits users are required to use no more than 2% CPU per month (Example: If a user users 200% CPU continuously for 1 hour his monthly CPU usage would be 00.138% so it's unlikely an average user would ever reach the monthly 2% limit ). There are no monthly limits for other resource types listed here.


9. Pure Digital performs daily or daily and weekly backups on all of our servers. Our daily and weekly backups are created for accounts that are under 20GB and 150,000 Inodes. Pure Digital does not guarantee this feature to any of the clients, and therefore strongly advise the client to regularly perform a backup of their own data, hosted with us. In the unfortunate event that the client has lost their data hosted with Pure Digital, will use reasonable endeavors to restore the client's data; however Pure Digital will not be responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups or any data loss due to faulty hardware. We highly encourage our customers to have their own separate backups if your website or data is critical to your business or livelihood as no backup method is failsafe therefore we make no warranties.


10. The use of more than 145,000 inodes on any cPanel account (single user) may result in automatic warning on cPanel > Stats > inodes. There will be no service interruption at this stage but if no action is taken to reduce the inodes, service interruption may take place once a user reach 150,000 Inodes. Accounts found to be exceeding the 150,000 inode limit will automatically show resource exceeded message and may be suspended if no action is taken to reduce the inode count.


11. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.


12. File hosting and file storage of any type is strictly prohibited on any and all reseller, shared and hosting servers. You MAY NOT use your hosting with Pure Digital as a download or file storage repository. Our services are strictly offered for website hosting only. This does NOT mean that you can not have downloads on your site. This means you can not operate a site that specializes in downloads like 4Shared.com, Mega.co.nz or similar and you may not use your account as a storage repository for MP3, games, video, photos, images, audio or music files or as a backup storage facility.


13. Abuse of Pure Digital Staff or Support Personnel: At Pure Digital, we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you. If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five (5) days’ notice. We will issue a refund only for the unused portion of pre-paid service. Abusive conduct includes, but is not limited to, the following behaviors:
    • Repeatedly addressing members of our staff in a demeaning or rude manner. Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol, or in-person communication. Yelling or shouting at our staff. Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.

Content

1. User agrees to pay Pure Digital all charges relating to the use of User's account(s) according to rates and prices stated on said sales order at the time of commencement.


2. User is responsible for charges at the time the service is used and Pure Digital may apply the amount due to User's credit card at any time.


3. Pure Digital reserves the right to suspend access to service for User's account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges.


4. Credit Card payment: If Customer chooses to pay for services by credit card, Customer grants Pure Digital the right to charge payments to that card on each due date. Customer further agrees not to challenge nor dispute any charge representing hosting payments.


5. Non-Payment: All Hosting Account payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS. Failure to remit payment for five (5) consecutive days, including the anniversary date, may result in suspension of customer services. Failure to remit payment for services within seven (7) consecutive days, including the anniversary date, may result in termination of access to the service network and all services shall be reclaimed. All customer data remaining after fourteen (14) days of non-payment will be destroyed for security and privacy reasons. Once your account has been terminated for non payment, you may be charged a reconnection fee of $25. The same reconnection fee may apply to all customers, if you want us to provide backups once an account is terminated for non payment. This restore service is subject to backup availability. There will be no re-connection or restore fees to re-enable suspended accounts due to non-payment.


6. Payment Reminders: Our credit card processor PayPal Pte. Ltd., will remit payment for all recurring orders, for services on the monthly anniversary date. It is client’s responsibility to make sure the sufficient funds are available on their credit card payment account. It is the customer’s sole responsibility to make sure that dues are paid on time and the email address on file is working and allowed to receive reminders from PayPal Pte. Ltd. or Pure Digital. Once a payment reminder dispatched from PayPal Pte. Ltd. or Pure Digital it is considered as a valid payment reminder. PayPal Pte. Ltd. or Pure Digital does not take any responsibility for non deliverable email addresses or e-mail's sent by PayPal Pte. Ltd. or Pure Digital not reaching the client destinations, including but not limited to spam filters or network issues. For the first day after payment should have been made; you will receive a payment reminder notice that states you must update your credit card and pay your invoice from PayPal Pte. Ltd. The third day and the fifth day, second and third payment reminders will be sent by PayPal Pte. Ltd. From the seventh day customer services may be suspended temporarily for non-payment.

Situations of Refunds

1. Without waiving any of its other rights under this Agreement, Pure Digital offers to its Customers a 60-day money-back guarantee on fees for hosting services. If for any reason you cancel your account within sixty (60) days starting from the day Pure Digital dispatch your welcome email including your account information or the day you place the order with us, whichever comes first. Pure Digital will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 60-Day Guarantee. If you have ever previously obtained a refund under the 60-Day Guarantee, your account will be canceled, but no money will be refunded to you.


2. Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 60-Day Guarantee. The 60-Day Guarantee applies to your first order of Web hosting services from Pure Digital and does not apply to any changes to your service at any time.


3. Our refund policy does not apply to any additional items or services, this includes but not limited to Domain Registration, Domain Parking services, dedicated servers, virtual private servers and overage fees.

Account Cancellation

1. Customers may voluntarily cancel their account at any time, for any reason or for no reason, by requesting a cancellation from your members area at https://cloud.puredigital.co/client. Pure Digital requires a five (5) day cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month to month services. Failure to supply the requisite five (5) days will result in a full billable monthly cycle prior to cancellation. All due amounts must be settled in full before we cancel the customer account. Customer understands and agrees that Pure Digital does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable, unless stated otherwise under our 60 day money back guarantee.


2. All cancellation requests must be made directly via https://cloud.puredigital.co/client Cancellations requests are not accepted by email, postal mail, by phone or via the help desk. If a customer canceled a recurring order by contacting any 3rd parties, we will consider it as an account cancellation request. In such cases, Pure Digital reserves the right to terminate the customer account with immediate effect without any prior notice.

Agreement

1. Pure Digital may modify these terms and conditions upon notice published online via Pure Digital. User's use of Pure Digital services after such notice shall constitute user's acceptance of the modifications to this Agreement.


2. This agreement, User account, contract, and billing will automatically renew unless cancelled in writing prior to the renewal date.