Service Agreement

All services provided by The Digital Archives may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State or City or European Union law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless The Digital Archives from any claims resulting from the use of the service which damages the subscriber or any other parties.

Spamming, or the sending of unsolicited email, using an email address, URL that is maintained on an The Digital Archives machine, or directing traffic to a webpage that contains any reference to The Digital Archives is STRICTLY prohibited. The Digital Archives will be the sole arbiter as to what constitutes a violation of this provision. This action will result in immediate termination of your account without refund. Any service interruptions as a result of subscribers spamming will be billed to the subscriber at $50.00 per hour until service is restored. Subscriber will also be in violation of the The Digital Archives Service Agreement and subject to legal action.

Content such as Articles purchased from The Digital Archives may not be used for the purpose of promoting Pornography and sex-related merchandising. The Digital Archives will be the sole arbiter as to what constitutes a violation of this provision.

Payment is due on sign-up to the service and renewable on monthly anniversary date. All payments must be in US dollars. The subscriber is responsible for providing up-to-date payment information. The Digital Archives will not be held responsible should the subscriber’s payment information become out-of-date.

If payment is by credit card, the subscriber authorizes The Digital Archives to charge the credit card listed on the subscription form for those charges for The Digital Archives services that may accrue from month to month, or for any past-due balances, in order to bring the account to current status. Credit card payments will be billed and charged automatically, and The Digital Archives may charge the amount due to the provided card at any time.

Accounts are in default if payment is not received on due date.  Accounts unpaid 5 days after renewal date may have their service terminated. Such termination does not relieve the subscriber from the obligation to pay the monthly charge. Only a written request to terminate your service relieves you of your obligation to pay the monthly account charge.

All files, information and mail under the account will be preserved for 20 days from the date the payment is due. If the payment is not received after 20 days, all files, information and mail under the account will be deleted. If the subscriber wishes to use the service again, the subscriber must re-apply as a new subscriber.

The subscriber agrees that the company has the right to delete all data, files or other information that is stored in the subscriber’s account if the subscriber’s account with the company is terminated, for any reason, by either The Digital Archives or the subscriber.

The Digital Archives accounts can not be transferred or used by anyone other than the subscriber. Accounts which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation.

The Digital Archives shall have the right to suspend service to the subscriber at any time, and for any reason, without notice. If such a suspension is to last for more than 20 days, the subscriber will be notified as to the reason.

Service provided by The Digital Archives may be cancelled in writing at any time with no penalty. Customer unit name and password must be included in the cancellation request. Cancellation will take effect only when the receipt of the cancellation request is confirmed by The Digital Archives. The Digital Archives reserves the right to change the rate by notifying the subscriber 15 days in advance of the effective date of the change.

The Digital Archives makes no warranties of any kind, whether expressed or implied, for the service it is providing. The Digital Archives also disclaims any warranty of merchantability or fitness for a particular purpose. The Digital Archives will not be responsible for any damage suffered. This includes loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions caused by The Digital Archives’ negligence or the subscriber’s errors or omissions. Use of any information obtained via The Digital Archives is at your own risk. The Digital Archives specifically denies any responsibility for the accuracy or quality of information obtained through its services.

LIMITED LIABILITY.
ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT MONTH.

Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court of law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.

This agreement shall be governed by the laws of the United States and the European Union.

These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of The Digital Archives service constitutes acceptance of these Terms and Conditions.