Legal

This document was last updated on January 1, 2007.


ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS


Digital Reliability is committed to protecting your privacy. This Privacy Statement sets forth our current privacy practices with regard to the information we collect when you or your computer interact with our website. By accessing DigitalReliability.com, you acknowledge and fully understand Digital Reliability’s Privacy Statement and freely consent to the information collection and use practices described in this Website Privacy Statement.


PARTICIPATING MERCHANT POLICIES


Related services and offerings with links from this website, including vendor sites, have their own privacy statements that can be viewed by clicking on the corresponding links within each respective website. Online merchants and others who participate in Digital Reliability services are encouraged to participate in industry privacy initiatives and to take a responsible attitude towards consumer privacy. However, since we do not have direct control over the policies or practices of participating merchants and other third parties, we are not responsible for the privacy practices or contents of those sites. We recommend and encourage that you always review the privacy policies of merchants and other third parties before you provide any personal information or complete any transaction with such parties.


INFORMATION WE COLLECT AND HOW WE USE IT


Digital Reliability collects certain information from and about its users three ways: directly from our Web Server logs, the user, and with Cookies.


a. Web Server Logs.


When you visit our Website, we may track information to administer the site and analyze its usage. Examples of information we may track include:
• Your Internet protocol address.
• The kind of browser or computer you use.
• Number of links you click within the site.
• State or country from which you accessed the site.
• Date and time of your visit.
• Name of your Internet service provider.
• Web page you linked to our site from.
• Pages you viewed on the site.


b. Use of Cookies



Digital Reliability may use cookies to personalize or enhance your user experience. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web Server in the domain that issued the cookie to you.



One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize a web page, or navigate within a site, a cookie helps the site to recall your specific information on subsequent visits. Hence, this simplifies the process of delivering relevant content and eases site navigation by providing and saving your preferences and login information as well as providing personalized functionality..



Digital Reliability reserves the right to share aggregated site statistics with partner companies, but does not allow other companies to place cookies on our website unless there is a temporary, overriding customer value (such as merging into Digital Reliability.com a site that relies on third-party cookies).



You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you reject cookies by changing your browser settings then be aware that this may disable some of the functionality on our Website.


c. Personal Information Users



Visitors to our website can register to purchase services. When you register, we will request some personal information such as name, address, email, telephone number or facsimile number, account number and other relevant information. If you are purchasing a service, we will request financial information. Any financial information we collect is used only to bill you for the services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider. For other types of registrations, we will ask for the relevant information. You may also be asked to disclose personal information to us so that we can provide assistance and information to you. For example, such data may be warranted in order to provide online technical support and troubleshooting.



We will not disclose personally identifiable information we collect from you to third parties without your permission except to the extent necessary including:



• To fulfill your service requests for services.
• To protect ourselves from liability,
• To respond to legal process or comply with law, or
• In connection with a merger, acquisition, or liquidation of the company.


USE OF WEB BEACONS OR GIF FILES


DigitalReliability.com Web pages may contain electronic images known as Web beacons – sometimes also called single-pixel gifs – that allow Digital Reliability to count users who have visited those pages and to deliver co-branded services. Digital Reliability may include Web beacons in promotional e-mail messages or newsletters in order to determine whether messages have been opened and acted upon.



Some of these Web beacons may be placed by third party service providers to help determine the effectiveness of our advertising campaigns or email communications. These Web beacons may be used by these service providers to place a persistent cookie on your computer. This allows the service provider to recognize your computer each time you visit certain pages or emails and compile anonymous information in relation to those page views, which in turn enables us and our service providers to learn which advertisements and emails bring you to our website and how you use the site. Digital Reliability prohibits Web beacons from being used to collect or access your personal information.


ACCESSING WEB ACCOUNT INFORMATION


We will provide you with the means to ensure that personally identifiable information in your web account file is correct and current. You may review this information by contacting us by sending an email to our support attendant -- support@digitalreliability.com.


CHANGES TO THIS STATEMENT


Digital Reliability has the discretion to occasionally update this privacy statement. When we do, we will also revise the “updated” date at the top of this Privacy page. We encourage you to periodically review this privacy statement to stay informed about how we are helping to protect the personal information we collect. Your continued use of the service constitutes your agreement to this privacy statement and any updates.


CONTACTING US


If you have questions regarding our Privacy Statement, its implementation, failure to adhere to this Privacy Statement and/or our general practices, please contact us at privacy@digitalreliability.com or send your comments to :


Digital Reliability
Attention: Privacy Statement Personal
11 Lincoln Way W. Ste 6B
Massillon, OH 44647


Digital Reliability will use commercially reasonable efforts to promptly respond and resolve any problem or question.

Read This Terms of Use Agreement Before Accessing Website.



Effective Date: This Terms of Use Agreement was last updated on January 1, 2007.



This Terms of Use Agreement sets forth the standards of use of the Digital Reliability Online Service. By using the DigitalReliability.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at DigitalReliability.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.



Description of Service



Digital Reliability is providing Member with access to DigitalReliability.com. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.



Disclaimer of Warranties.



The site is provided by Digital Reliability on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Digital Reliability makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Digital Reliability shall have no liability for any interruptions in the use of this Website. Digital Reliability disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.



Limitation of Liability



Digital Reliability SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR DIGITAL RELIABILITY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF DIGITAL RELIABILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.



Indemnification



Member agrees to indemnify and hold Digital Reliability, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.



Modifications and Interruption to Service



Digital Reliability reserves the right to modify or discontinue the Service with or without notice to the Member. Digital Reliability shall not be liable to Member or any third party should Digital Reliability exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Digital Reliability does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.



Third-Party Sites



Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.



Disclaimer Regarding Accuracy of Vendor Information



Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Digital Reliability makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.



Digital Reliability makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.



Governing Jurisdiction of the Courts Ohio



Our website is operated and provided in the State of Ohio. As such, we are subject to the laws of the State Ohio, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Ohio.



Compliance with Laws.



Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.



Copyright and Trademark Information



All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 Digital Reliability.com, with all rights reserved, or is the property of Digital Reliability and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Digital Reliability is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Digital Reliability.



RelyOnIT™; Turtle Networks™; Digital Reliability™ and Digital Reliability.com™ are proprietary marks of Digital Reliability.com. Digital Reliability’s trademarks may not be used in connection with any product or service that is not provided by Digital Reliability, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Digital Reliability.



All other trademarks displayed on Digital Reliability’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Digital Reliability.



Notification of Claimed Copyright Infringement



Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Digital Reliability.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.



By Mail
11 Lincoln Way W. Ste 6B
Massillon, OH 44647
By Telephone: 330.259.7462
By Email: copyright@digitalreliability.com


Botnets



Digital Reliability retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Digital Reliability reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.



Other Terms



If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Digital Reliability, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

Payment Agreement: By signing the form on the opposite side of this page you agree to pay any and all service fees associated with this service request as listed on the opposite side of this page.


Immediate Payment Required: Payment is required immediately upon completion of service unless Digital Reliability has given you written approval for net terms and you have agreed on the opposite side of this page to extend this agreement for all future service without signoff for the term of this agreement. New customers regardless of an ongoing service commitment are required to supply a Visa/Mastercard/Amex credit card in order to gain approval for net terms which shall be used for payment of any service charges accrued during the term of this agreement which are over 30 days past-due.


Payment Type: You may pay the charges associated with this agreement by Check, Money Order, or a Visa/Mastercard/Amex Credit Card. We do not accept cash.


Ongoing Service: If you have indicated on the opposite side of this page “Ongoing Service”, then this agreement remains in effect for an Initial Term of twelve (12) months and the Initial Term shall be automatically extended from year to year for additional twelve (12) month periods, unless otherwise terminated prior to such date. The Initial Term and any extension thereof are hereinafter referred to as the “Term.” If you have NOT indicated on the opposite side of this page “Ongoing Service”, then the Term of this agreement remains in effect for the service visit listed on the opposite side of this page only.


Termination: Either party may terminate this agreement at anytime by providing written notice to the other party.


Standard Service Hours: Our standard service and office hours are Monday through Friday 9am to 5pm with additional scheduling available at no extra charge Monday through Friday 7am to 7pm. Scheduling required and/or requested outside of standard service hours and/or with emergency response times may have additional charges.


Service Area: The service area is determined by Digital Reliability for each location. Additional charges may apply if your location lies outside of the service area. If you have questions regarding the Digital Reliability Service Area please call 1-866-364-2746.


Additional Services: In certain cases additional services are requested or required during one on-site visit to your location. These services are available only once a full priced on-site service has been purchased for the same service visit. For full requirements and qualifications of additional services during any service visit, please ask a Digital Reliability representative or call 1-866-364-2746.


Services Performed: In certain cases the requested service may be determined to be unnecessary or another service may be required to fulfill the requested service result. If the services required are determined to be outside the scope of the original service request, and/or the cost of the required service is greater than the estimated or requested service, the customer shall be given the option to continue with the required services at the new rate or cancel the service visit in which case a cancellation fee will be assessed.


Equipment Requirements: Standard service rates are based upon certain equipment conditions which must be met for service to be performed. Additional charges may apply if certain equipment conditions are not met; including, but not limited to: Systems, Components, and/or Software no longer sold as new and/or supported by their manufacturers in the last three (3) years, systems in extremely poor condition, systems with hazardous configurations, or any other condition, in Digital Reliability’s sole discretion, that prevents a Digital Reliability representative from providing service in an efficient and effective manner.


Access Requirements: You agree to grant full and unrestricted access to the equipment to be serviced, the location where the equipment resides; including but not limited to: computer(s), peripheral(s), software, and/or passwords. If, in Digital Reliability’s sole discretion, appropriate access is not provided or the service site poses a health or safety threat to a Digital Reliability representative, at anytime, then services may be denied and a cancellation fee of $149.00 shall be assessed.


LIMITATIONS ON SERVICE: DIGITAL RELIABILITY AND/OR OTHER REPRESENTATIVES RESERVE THE RIGHT TO REFRAIN FROM PROVIDING ANY OR ALL SERVICES ORDERED AND REFUND THE CUSTOMER'S PAYMENT, WHOLLY OR IN PART, IF SYSTEM REQUIREMENTS ARE NOT MET OR IF TECHNICAL CONDITIONS (SUCH AS WIRING DIFFICULTIES OR PHYSICAL BARRIERS) OR CUSTOMER REQUIREMENTS ARE UNUSUAL, EXTENSIVE, OR BEYOND THE SCOPE OF THIS SERVICE AGREEMENT AS REASONABLY DETERMINED BY DIGITAL RELIABILITY AND/OR OTHER REPRESENTATIVE.


Force Majeure: Digital Reliability or any of its Directors, Employees, and/or Other Representatives shall not be liable for any problems due to external causes beyond its control including, but not limited to, acts of terrorism, natural catastrophe, fire, flood, or other act of God, and/or power failure, virus propagation, improper shutdown of the Network and/or related Network systems or services.


LIMITATION OF REMEDY: IN NO EVENT SHALL DIGITAL RELIABILITY OR ANY OF ITS DIRECTORS, EMPLOYEES, AND/OR OTHER REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATIONS, THOSE RESULTING FROM LOSS OR CORRUPTION OF DATA, INCOME, PROFIT, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR USE THEREOF EVEN IF IT HAS BEEN ADVISED OR HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.


RELEASE OF LIABILITY: BY SIGNING THE FORM ON THE OPPOSITE SIDE OF THIS PAGE, YOU AGREE TO RELEASE AND HOLD HARMLESS DIGITAL RELIABILITY OR ANY OF ITS DIRECTORS, EMPLOYEES, AND/OR OTHER REPRESENTATIVES FROM AND AGAINST ANY LOSS, LIABILITY, OR DAMAGE THAT YOU, THE OWNER, OR LESSEE MAY SUFFER. THIS INCLUDES BUT IS NOT LIMITED TO DATA LOSS OR LACK OF FUNCTION IN ANY COMPONENT OR ELEMENT OF YOUR COMPUTER SYSTEM AND/OR PERIPHERALS AS A RESULT OF DIGITAL RELIABILITY AND/OR ITS THIRD-PARTY SERVICE PROVIDER'S AGENTS, PARTNERS, AND/OR THIRD-PARTY SERVICE PROVIDERS, REGARDLESS OF THE WARRANTIES, DISCLAIMERS, AND WAIVERS PARTICULAR SERVICE AND SHALL CONSTITUTE LIQUIDATED DAMAGES AND ARE A REASONABLE ESTIMATE OF DAMAGES TO YOU. THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.


CANCELLATIONS, CHANGES, AND REFUNDS



To change your order: You must contact Digital Reliability at least 2 hours prior to any scheduled service at 1-866-364-2746. Changes made to your order may require additional personnel, equipment, or time to service which may result in additional charges and/or rescheduling of service.


To cancel your order: You must contact Digital Reliability at 1-866-364-2746 at least 2 hours prior to any scheduled service or a cancellation charge of $149.00 will be assessed.


LEGAL NOTICE
“Digital Reliability” refers to all subsidiaries and affiliates of Digital Reliability, LLC. Any reference to Digital Reliability in these Terms of Service is a reference to Digital Reliability, LLC.

“Digital Reliability” and/or “DigitalReliability.com” refers to all subsidiaries and affiliates of Digital Reliability, LLC. Any reference to Digital Reliability or DigitalReliability.com in these terms, in any content, images and/or other media is a reference to Digital Reliability, LLC.