Southeast-Digital Terms of Service
By purchasing a website (herein referred to as the “Service”) provided by Southeast-Digital/DCTS Corp.
(“Company”), you (“User”) are agreeing to be bound by the following terms and conditions (“Terms of
Service”).
Southeast-Digital reserves the right to update and change the Terms of Service at any time without notice.
All Service upgrades, custom design work, SEO services, consulting work and future modifications shall
also be subject to this Terms of Service. Continued use of the Service following any changes shall
constitute your consent to such changes.
Violation of any of the terms below may result in immediate termination of your account.
Account Setup Terms
1. Custom design work and setup fees are non-refundable and must be paid-in-full in advance.
2. You have the right to cancel your Service at any time. In order for the cancellation to take affect, you
must send an email to [email protected] requesting that your account be deactivated.
3. Login information (usernames, passwords, and login URL’s) associated with the administrative areas
of your account will be limited to User and User Authorized Representatives that are approved by
Southeast-Digital. This includes access to your WordPress Dashboard and any other administrative
areas you may have access to in association with the Southeast-Digital Service, products or affiliate
products.
4. User grants Company, its parent and affiliate companies the right to contact User via email,
telephone, mail and any other medium about the Service or additional products that may be of
interest to User, regardless of whether User is registered with any national, state or local do-not-call
or do-not-mail lists.
Payment, Refunds, Service Upgrades, Service Downgrades and Non-Payment
1. A valid credit card is required for establishing Service and for ongoing payment of Service.
2. The Service is billed in advance on a monthly basis and is non-refundable. No refunds, credits or
prorations will be given for partial months of Service, unused Service, Service upgrades or Service
downgrades. A credit card convenience fee of 2.75% will be charged if User elects to pay by credit card
for any services provided by Southeast Digital other than monthly hosting fees for the Service, which are
exempt from the 2.75% credit card convenience fee.
3. User must provide full name, a valid email address and any other information or documentation
required to establish Service.
4. Custom design work and setup fees are non-refundable and must be paid-in-full in advance.
5. Service fees, setup fees, custom design fees, SEO fees, consulting fees and any other type of fee is
exclusive of all taxes, duties or levies imposed by taxing authorities. User is responsible for payment
of any required taxes, duties, or levies that may arise.
6. Although sales tax is not currently applicable to the Service in the State of Tennessee, User assumes
full responsibility for paying any federal, state, or local sales and/or use taxes that may become due
as a result of new or pending legislation.
7. Prices are subject to change. In the event of a price increase, users will be provided notice of the
new rates at least 30 days prior to price change taking effect.
8. When upgrading or downgrading your Service, the monthly fee charged to the credit card you
provided will change to reflect the new rate associated with your account.
9. For any upgrade in Service, we reserve the right to charge your credit card an additional one-time fee
to make up for the difference in pricing between the old Service fee and the new Service fee for the
month in which the Service upgrade takes place No prorations will be made.
10. A downgrade in Service may result in the loss of features, content, access or technical capacity
associated with your Service.
11. Company reserves the right to immediately deactivate your Service in the event that the credit card
associated with your account is denied when payment processor attempts to charge your monthly
Service subscription fee. Service will be restored within 24 hours of payment.
12. Company reserves the right to permanently delete all content, code, custom work, leads and
administrative settings associated with accounts that have gone unpaid for 30+ calendar days.
Company does not assume any liability for such losses.
13. In the event that your account has gone unpaid for 30+ calendar days and you wish to reactivate your
Service, Company reserves the right to charge a $100 account-reinstatement fee in addition to any
unpaid balances and late fees prior to re-activating your Service.
14. In cases where a purchased website template is used, Southeast-Digital will incur the costs of
purchasing the template and will retain exclusive ownership rights of the purchased template and any
configuration used in the implementation of the template. At no time does ownership of template or
configuration reside with User.
15. Monthly design work that is included with certain hosting packages (ex. Elite Hosting packages which
entitle User to up to 1 hour of custom design work or site updates each month) does not accrue and
must be used within the current hosting month.
16. Monthly design work that is included with certain hosting packages is billed in 15-minute increments.
Cancellation and Termination of Service
1. You have the right to cancel your Service at any time. In order for the cancellation to take affect, you
must send an email to [email protected] requesting that your account be deactivated.
2. All setup fees, custom design work, SEO work and consulting fees are non-refundable.
3. If you cancel your Service before the end of the current paid month, your cancellation will take effect
immediately and you will not be charged again.
4. Company retains the right to suspend or terminate your Service, and all current or future use of
service, at any time. Such termination could result in a deletion of your content and a forfeiture of all
content in your account. Company reserves the right to refuse service to anyone at any time, for any
reason.
Service Modifications
1. Company reserves the right to modify and/or discontinue the service at any time with or without
notice.
2. Features that are advertised and available at the time of sign-up may be modified or discontinued at
any time.
3. Company will not be held liable to User or other Third Parties for any price change, modification,
suspension or discontinuation of any Company service.
4. Company retains the right to test features or possible upgrades on the Service associated with your
account.
Content Ownership and Copyright
1. You maintain ownership and legal copyright of all content (text, photos, videos, audio recordings etc.)
associated with the Service that you create.
2. You are solely responsible for all content displayed on your Service and agrees to assume full legal
responsibility for all content displayed/associated with your Service.
3. User agrees not to commit copyright or trademark infringement by displaying content that User not
own or have explicit permission to reproduce.
4. User acknowledges there is not a way to prevent 3rd parties from sharing content that appears on the
public pages of your Service, and thus grants 3rd parties the right to share User content while also
relieving Company of any legal or financial liability that may arise.
5. While Company does not pre-screen content that you publish on Service, Company reserves the right
to remove or refuse any content deemed unacceptable.
6. The look, feel and functionality of the Service is copyright Southeast-Digital/DCTS Corp. (all rights
reserved) and any respective authors whose products may be involved. You may not copy, duplicate,
reuse, or make public any portions of the HTML, CSS, JavaScript, PHP, WordPress configurations,
pre-written content, or design elements without the express written permission of Southeast-Digital.
7. The Service relies on computer code assembled from various sources. Sources include unique and
proprietary code created by the Company, code licensed from 3rd party vendors and programmers,
as well as code made available by open source initiatives. You agree to take no action that could
infringe upon the rights of the legal owners of the code or lessen its value in any way. This means
User cannot provide, copy, sell, sublicense, decompile, or grant unauthorized access to code to any
3rd party individuals without the express written permission of Southeast-Digital. User acknowledges
that Company has no control over the ongoing availability of 3rd party code and relieves company
from any liability that could arise from loss of current features due to a change in the availability of 3rd
party code and libraries.
8. You do not own any part of the code, website, servers, technical infrastructure, bundled libraries,
visual design elements, WordPress configuration, technical processes, or Southeast-Digital produced
content. The only content that you own and control is the content that your create to enhance your
Service and any photos, video, text, logos or other media which you provide to company.
9. In the event that you cancel your service, you maintain ownership of any leads that were generated in
association with your Service. Text content and images that reside on a webpage of the Service is the
responsibility of User to copy via the WordPress administration area prior to discontinuation of service.
Any content not copied by User prior to account deactivation may become irretrievable; User relieves
Company from any liability that may arise from content being lost during the account deactivation process.
Company will provide a copy of User’s MySQL database and website files (upon request after any outstanding
invoices have been paid) if User chooses to migrate the website without using the Southeast Digital
migration service. At no time will User or any 3rd party be granted FTP access to Southeast Digital
servers or any level of administrative access beyond the default WordPress administration area that is
included with Service.
10. Your Service subscription entitles you to the use of Company designs and graphic work while you are
a paying subscriber. Upon cancellation/deactivation of your Service you no longer have the right to
use the website designs created by Company. This means that any custom design or SEO work that
you paid for will be lost and may become irretrievable – no computer code will be provided upon
Service cancellations or deactivations.
General Conditions
1. User agrees not to copy, duplicate, reproduce, sell, or resell Company content without the express
written permission of Company.
2. User agrees not to take any action to exceed their assigned access level as it relates to any part of
the Service.
3. User agrees not to modify, hack, or reproduce any part of the service in an effort to falsely imply that
such modification/reproduction is associated with the actual Service, Company, or its affiliates.
4. Company reserves the right to access administrative areas associated with your Service at any time
for the purposes of general maintenance, administrative work, trouble-shooting, upgrades,
downgrades and/or custom work.
5. Technical support is available via email for all paying customers.
6. Users whose bandwidth usage exceeds the average bandwidth usage of other users may be subject
to additional fees or to having their account throttled until their bandwidth usage realigns with average
bandwidth/data transfer levels. Generally less than 1% of all accounts reach this level; in the event
that your Service reaches this level, you will be contacted by Company with current pricing for
additional bandwidth and asked how you wish to proceed.
7. Use of the Service is at your own risk. Service is available on an ‘as is’ and ‘as available’ basis.
Company disclaims all terms, conditions, representations, guarantees, and warranties (express,
implied, statutory and otherwise), in respect to the Service, setup fees, custom design work,
consultation fees, and SEO fees, including those of merchantability, title, non-infringement, quality
and fitness for any particular use.
8. Any verbal abuse, physical abuse, threats of retaliation, libelous or slanderous statements directed
towards Company or person(s) associated with Company will not be tolerated and will result in
immediate termination of User account. Company reserves the right to pursue legal action against
Users who make slanderous statements about Company or Service.
9. Company reserves the right, at its sole discretion, to remove any content deemed offensive, unlawful,
obscene, threatening, libelous, defamatory, pornographic or otherwise. This includes content that
violates other sections of this Terms of Use or anything else that is questionable or violates any
party’s intellectual property rights.
10. User agrees to relieve Company and any other 3rd party code or data providers from any legal
liability arising from problems associated with your Service.
11. User acknowledges that eCommerce code and payment gateways (ex. PayPal) is not maintained by
company. In the event of a problem with eCommerce functionality or payment gateways, company
will notify the company responsible for the functionality in question and will work to resolve any
problems as quickly as possible.
12. User acknowledges that the processing and transmission of data in connection with Service and User
content may take place unencrypted and over various third-party networks.
13. While every effort has been name to safeguard and backup User data, User agrees not to hold
Company liable for any loss or breach of data associated with User account.
14. User and authorized user affiliates will not attempt to gain access to administrative areas, features, or
other User accounts for which they are not specifically authorized to access.
15. In the event of a dispute that cannot be settled between User and Company, User agrees to settle
dispute by way of a mediator and hereby relinquishes the right to sue. Such mediation shall take
place in Blount County Tennessee, by a mediator located in either Blount or Knox County Tennessee.
16. Company does not warrant that (a.) the service will meet your specific needs, (b.) that content we add
or create on your behalf will be entirely accurate or error-free, (c.) that the service will be error-free,
uninterrupted, timely or entirely secure, (d.) that the service and Company-provided content will meet
your individual expectations, or (e.) that suggested improvements, upgrades or error-fixes will be
implemented.
17. User understands and agrees that Company will not he held liable for any direct, indirect, special,
incidental, consequential or exemplary damages that arise from use of service (regardless of whether
company has been advised of the potential of such damages). Such damages include but are not
limited to: loss of income, profits, goodwill, consumer sentiment, data or any other tangible or
intangible losses. This includes losses that are a result of (a.) use of service or inability to use/access
service, (b.) the actions of any third-party, (c.) the actions/availability of features that rely on a 3rd
party or Company vendor, (d.) the costs of procuring substitute products or services as a result of an
interruption in your Service, (e.) unauthorized access, modification or deletion of your Service or data,
(f.) the actions and statements made by any third part accessing your Service, and (g.) any other
matter(s) relating to Service.
18. In the event that Company becomes liable to User despite the above limitations, Company liability will
be limited to the monthly subscription fees User paid for the use of your Service in the two months
prior to the event that caused the liability. At no time will company liability include costs paid by User
to cover setup fees, custom design work, consulting fees or SEO work.
19. User must not use the Service for any illegal, unethical or unauthorized purposes. User must not use
the Service to violate any federal, state, or local laws.
20. User assumes full legal responsibility for all emails and communications initiated through use of
Service, including email and SMS messages. By signing up and using the Service, User
acknowledges their awareness and familiarity with laws concerning email communication and spam.
User agrees not to send spam or transmit unsolicited messages from Service or from email
addresses associated with Service. User also agrees not to modify emails that could be constituted
as spam in such a way that would make it look like they originated from User service, even if they did
not. Company reserves the right to immediately discontinue service for any User who violates this
clause or is accused/suspected of sending spam email or SMS communications.
21. User will not upload any viruses, malicious code, or tracking software to Service, nor will User send
malicious code from Service or induce others to download, transmit or click on links that are associated
with malicious code. Any violation of this clause will result in immediate termination of User Service
any may result in legal action.
22. User must be a real person. User must not be a ‘bot’ or computer program, nor can User grant a
‘bot’ or unauthorized person access to Service administrative areas.
23. You are responsible and assume complete legal liability for all content posted on your site. This
includes content posted by User, User authorized representatives (ex. assistants, team members),
end users of the site (consumers and the general public), 3rd party data feeds, and content posted by
Company.
24. Failure of Company to exercise or enforce any right or provision contained in the Terms of Service
does not constitute a waiver or such rights or provisions. The Terms of Service constitutes the entire
agreement between User and Company and governs your use of Service.
25. Company reserves the right to advertise and/or display your Service as an example of the work
completed by Company. This includes featuring an image and link to your Service on our website or
any other media format selected by Company.
26. If any item in this Terms of Service conflicts with another (or any other Company document, policy or
agreement), Company will have sole discretion to interpret said conflict and decide which of the
conflicting items will prevail.