Terms of Service

Terms of Service

Last updated: September 23, 2018

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with https://puredigital.co website (the "Service") operated by Pure Digital Pte Ltd ("us", "we", or "our").

Please read these Terms and Conditions carefully before using the Service.

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.

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

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.

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.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Content

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. You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. 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.

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 sitesTorrent 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

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.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

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.

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. 

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

*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.

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.

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. 

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

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.

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.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Pure Digital Pte Ltd cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Pure Digital Pte Ltd customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Pure Digital Pte Ltd with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Pure Digital Pte Ltd to charge all Subscription fees incurred through your account to any such payment instruments. 

Should automatic billing fail to occur for any reason, Pure Digital Pte Ltd will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Fee Changes

Pure Digital Pte Ltd, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Pure Digital Pte Ltd will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by Pure Digital Pte Ltd on a case-by-case basis and granted in sole discretion of Pure Digital Pte Ltd.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of hello@puredigital.co and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Pure Digital Pte Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the Singapore and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Pure Digital Pte Ltd.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Pure Digital Pte Ltd.

Pure Digital Pte Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Pure Digital Pte Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Account Cancellation

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.

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.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall Pure Digital Pte Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Pure Digital Pte Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us at hello@puredigital.co