Terms and Conditions of Use
Last Updated: May 1, 2017
Welcome to the DigitalNetHosting®, LLC Websites. DigitalNetHosting.com, and Sites and/or its affiliates (“DigitalNetHosting®”) provide website features and other products and services to you when you visit or shop at the websites operated by DigitalNetHosting®, LLC (including but not limited to: digitalnethosting.com, cigarsetc.com, giftbasketsking.com, vaporkingpro.com, guidinglightbooks.com, guidinglightuniversity.com, midwestearlyford.com, delaneysdesign.com, jumpcutworks.com, navyyardsurvivor.com, catholiccoffeesnob.com, yourfamilysguidinglight.com, stonecrestvenue.com, among others, any future site operated by DigitalNetHosting®, LLC collectively, the “sites”), use DigitalNetHosting®, LLC products or services, use DigitalNetHosting®, LLC applications for mobile, or use software or data provided by DigitalNetHosting®, LLC in connection with any of the foregoing (collectively, together with any use of the sites, DigitalNetHosting®, LLC services, the “services”). DigitalNetHosting®, LLC provides services subject to the following conditions.
By using DigitalNetHosting® services, you agree to these conditions. You are strongly encouraged to read them carefully.
We offer a wide range of DigitalNetHosting® services, and sometimes additional terms may apply. When you use a DigitalNetHosting®, LLC services (for example, giftbasketsking.com or vaporkingpro.com including applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that DigitalNetHosting®, LLC services (“services Terms”). If these Terms & Conditions of Use (“Conditions of Use”) are inconsistent with the services Terms, those services Terms will control.
When you use any DigitalNetHosting®, LLC services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the sites or through the other DigitalNetHosting®, LLC services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any DigitalNetHosting®, LLC services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of DigitalNetHosting®, LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any DigitalNetHosting®, LLC services is the exclusive property of DigitalNetHosting®, LLC and protected by U.S. and international copyright laws.
Click here to see a non-exhaustive list of DigitalNetHosting®, LLC trademarks. In addition, graphics, logos, page headers, button icons, scripts, and services names included in or made available through any DigitalNetHosting®, LLC services are trademarks or trade dress of DigitalNetHosting®, LLC in the U.S. and other countries. DigitalNetHosting®, LLC ‘s trademarks and trade dress may not be used in connection with any product or services that is not DigitalNetHosting®, LLC ‘s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits DigitalNetHosting®, LLC . All other trademarks not owned by DigitalNetHosting®, LLC that appear in any DigitalNetHosting®, LLC services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DigitalNetHosting®, LLC .
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, DigitalNetHosting®, LLC or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the DigitalNetHosting®, LLC services. This license does not include any resale or commercial use of any DigitalNetHosting®, LLC services, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any DigitalNetHosting®, LLC services or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any services Terms are reserved and retained by DigitalNetHosting®, LLC or its licencors, suppliers, publishers, rights holders, or other content providers. No DigitalNetHosting®, LLC services, nor any part of any DigitalNetHosting®, LLC services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DigitalNetHosting®, LLC . You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DigitalNetHosting®, LLC without express written consent. You may not use any meta tags or any other “hidden text” utilizing DigitalNetHosting®, LLC ‘s name or trademarks without the express written consent of DigitalNetHosting®, LLC . You may not misuse the DigitalNetHosting®, LLC services. You may use the DigitalNetHosting®, LLC services only as permitted by law. The licenses granted by DigitalNetHosting®, LLC terminate if you do not comply with these Conditions of Use or any services Terms.
If you use any DigitalNetHosting®, LLC services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. DigitalNetHosting®, LLC does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the DigitalNetHosting®, LLC services only with involvement of a parent or guardian. Alcohol listings on wine or vapor or tobacco related product. Sites operated that contain or promote these products are intended for adults. You must be at least 21 years of age to use those sites or the purchase alcohol or tobacco related products use any site functionality related to alcohol, vapor or tobacco related products. DigitalNetHosting®, LLC reserves the right to refuse services, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. DigitalNetHosting®, LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant DigitalNetHosting®, LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant DigitalNetHosting®, LLC and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify DigitalNetHosting®, LLC for all claims resulting from content you supply. DigitalNetHosting®, LLC has the right but not the obligation to monitor and edit or remove any activity or content. DigitalNetHosting®, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
DigitalNetHosting®, LLC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from DigitalNetHosting®, LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Some items may not be returnable or refundable. At our discretion, a refund may be issued without requiring a return. In this situation, DigitalNetHosting®, LLC does not take title to the refunded item. DigitalNetHosting®, LLC does not take title to returned items until the item arrives at our fulfillment center.
DigitalNetHosting®, LLC attempts to be as accurate as possible. However, DigitalNetHosting®, LLC does not warrant that product descriptions or other content of any DigitalNetHosting®, LLC services is accurate, complete, reliable, current, or error-free. If a product offered by DigitalNetHosting®, LLC itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on any DigitalNetHosting®, LLC services represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set.
With respect to items sold by DigitalNetHosting®, LLC , we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be misprinted. If the correct price of an item sold by DigitalNetHosting®, LLC is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your payment method until after your order has entered the shipping process.
DigitalNetHosting®, LLC SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with DigitalNetHosting®, LLC services (the “DigitalNetHosting®, LLC Software”).
Parties other than DigitalNetHosting®, LLC may operate stores, provide services, or sell product on the sites. Wineries, tobacco products are the seller of all wine advertised on giftbasketsking.com and vaporkingpro.com. DigitalNetHosting®, LLC .com. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. DigitalNetHosting®, LLC does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE DigitalNetHosting®, LLC services AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER services INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DigitalNetHosting®, LLC services ARE PROVIDED BY DigitalNetHosting®, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DigitalNetHosting®, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DigitalNetHosting®, LLC services, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER services INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DigitalNetHosting®, LLC services, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DigitalNetHosting®, LLC services IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DigitalNetHosting®, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIGITALNETHOSTING®, LLC DOES NOT WARRANT THAT THE DIGITALNETHOSTING®, LLC SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER services INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH DIGITALNETHOSTING®, LLC, DIGITALNETHOSTING®, LLC SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM DIGITALNETHOSTING®, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIGITALNETHOSTING®, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY DIGITALNETHOSTING®, LLC SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY DigitalNetHosting®, LLC SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any DigitalNetHosting®, LLC services, or to any products or services sold or distributed by DigitalNetHosting®, LLC or through the sites will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent DigtialNetHosting, LLC at 2509 Shooting Star Dr McKinney, Texas 75071. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $100 unless the arbitrator determines the claims are frivolous. Likewise, DigitalNetHosting®, LLC will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any DigitalNetHosting®, LLC services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and DigitalNetHosting®, LLC .
MODIFICATION AND SEVERABILITY
2509 Shooting Star Dr
McKinney, Texas 75071
How to Serve a Subpoena
If you have a subpoena to serve on DigitalNetHosting®, LLC , please note that DigitalNetHosting®, LLC does not accept services via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on DigitalNetHosting®, LLC , preferably by mailing the subpoena to Corporation services Company (CSC), DigitalNetHosting®, LLC ‘s national registered agent. Please find below the Delaware address for CSC (the CSC office in your jurisdiction may be located through the Secretary of State’s website):
2509 Shooting Star Dr
McKinney, Texas 75071
Attn: Legal Department – Subpoena
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or payment instrument number used to make purchases.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide DigitalNetHosting®, LLC ‘s copyright agent with this information:
A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the sites;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
DigitalNetHosting®, LLC ‘s Copyright Agent for notice of claims of copyright infringement on the sites can be reached as follows:
DigitalNetHosting, LLC [Copyright Agent]
2509 Shooting Star Dr
McKinney, Texas 75071
Please note that this procedure is exclusively for notifying DigitalNetHosting®, LLC that your copyrighted material has been infringed.
Additional DigitalNetHosting®, LLC Software Terms
Use of the DigitalNetHosting®, LLC Software. You may use DigitalNetHosting®, LLC Software solely for purposes of enabling you to use and enjoy the DigitalNetHosting®, LLC services as provided by DigitalNetHosting®, LLC , and as permitted by the Conditions of Use, these Software Terms and any services Terms. You may not incorporate any portion of the DigitalNetHosting®, LLC Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another services, or sell, rent, lease, lend, loan, distribute or sub-license the DigitalNetHosting®, LLC Software or otherwise assign any rights to the DigitalNetHosting®, LLC Software in whole or in part. You may not use the DigitalNetHosting®, LLC Software for any illegal purpose. We may cease providing any DigitalNetHosting®, LLC Software and we may terminate your right to use any DigitalNetHosting®, LLC Software at any time. Your rights to use the DigitalNetHosting®, LLC Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other services Terms. Additional third party terms contained within or distributed with certain DigitalNetHosting®, LLC Software that are specifically identified in related documentation may apply to that DigitalNetHosting®, LLC Software (or software incorporated with the DigitalNetHosting®, LLC Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any DigitalNetHosting®, LLC services is the property of DigitalNetHosting®, LLC or its software suppliers and protected by United States and international copyright laws.
No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the DigitalNetHosting®, LLC Software, whether in whole or in part, or create any derivative works from or of the DigitalNetHosting®, LLC Software Updates. In order to keep the DigitalNetHosting®, LLC Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the DigitalNetHosting®, LLC Software. If you are a U.S. Government end user, we are licensing the DigitalNetHosting®, LLC Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. Â§ 2.101), and the rights we grant you to the DigitalNetHosting®, LLC Software are the same as the rights we grant to all others under these Conditions of Use.