Client Terms of Service

Our Terms of Service comprise a legal agreement for Web Services Corporation Inc ("DCC") and governs the use of our service by clients ("Clients"). Clients may collectively be referred to as ("Customers") in areas of these Terms of Service. Our System may collectively be referred to as ("DCC System") in areas of these Terms of Service. By subscribing to and/or using our service, you agree to be bound by these terms. If you do not agree to these terms, do not subscribe and/or use the service. Any rights not expressly granted herein are reserved by DCC.

DigitalContentCenter.com is comprised of two services. Service One allows Clients to sell, deliver, and receive digital content. Service Two allows End Users to buy and download digital content. Both services are owned, operated, and maintained by DCC.

Inquiries regarding any of our terms and policies should be directed to:

dcc.admin [at] digitalcontentcenter.com

Authorization

By submitting your online order, you acknowledge and agree that the prices, specifications, and conditions are satisfactory and are hereby acceptable to you; that DCC is authorized to perform the work as specified; that you have read the terms of service; that you agree and accept the terms of service; that you authorize DCC to charge your credit card account for the services; that you acknowledge and agree that if you make any changes to the scope of the work to be performed by DCC on your behalf, which differs from the products and/or services in the contract or online order, you authorize DCC to charge your credit card for all additional products and services; you acknowledge and agree that if you are ever in default of payment to DCC, then DCC shall have the right to suspend or terminate your services, and DCC shall not be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that results or have alleged to have resulted from such suspension or termination.

Service Provided

The DCC System is provided to assist you with the operation of your business. As a client this service allows you to sell, deliver, and receive digital information through our network. Selling can be done through your web site or through our Marketplace Service. Delivery of your digital content is accomplished through our download service. Receiving Digital Content is accomplished through our upload service.

Fees, Payments & Refunds

The type of account you subscribe to determines fees.

Monthly Plans - Services are pre-paid and recur each month with the credit card provided until service is cancelled. If your credit card cannot be charged for the monthly recurring service your account will become suspended until updated credit card information is supplied. Suspension of an account for non-payment will stop all activity including but not limited to the delivery of digital content that has been purchased. On the 30th day of account suspension our system will attempt to charge the credit card on file. If payment is not received the account status will be automatically changed to not active status and any data including but not limited to digital content, reports or pending orders will be purged. Upgrades and downgrades for monthly plans can be done within the Client Administration Control Panel. System billing procedures do not allow refunds or prorated amounts to be carried to the new package. Monthly service will start when the service is upgraded/downgraded.

Yearly Plans - Services are pre-paid for a one year time period and renewals are not recurring. A 10% discount is provided for yearly orders. Automated Email Reminder Notifications for yearly plan renewals are sent at 90 days, 60 days, 30 days, 24 hours prior to expiration and at expiration. At expiration, an account will become suspended and all activity including but not limited to the delivery of digital content that has been purchased. If 30 days pass without renewal, account status will be automatically changed to not active status and any data including but not limited to digital content, reports or pending orders will be purged. Upgrades and downgrades for yearly plans are permitted but have to be done manually through customer support. A service fee of $5.00 will be charged.

Moving from a yearly plan to a monthly plan or visa versa also requires manual account changes from customer support and a small service fee will be charged.

REFUNDS - PLEASE READ THIS CAREFULLY - There are no refunds for unused months of service. This means that if you cancel your plan, monthly or yearly, prior to renewal we will not refund any monies you have paid. Cancellations must be submitting via the support ticket from within the Client Management Control Panel. Cancellation will take effect once we confirm cancellation via a reply email to your cancellation support request. NO EXCEPTIONS! ALSO, NO REFUNDS ARE GIVEN FOR ACCOUNTS THAT ARE CANCELLED THE DAY OF RENEWAL.

Miscellaneous - DCC reserves the right to modify the fees charged for our services from time to time, provided that such new fees shall not take effect earlier than seven (7) days after DCC notifies you via email or otherwise of such modified fees. DCC uses Industry Standard Secure Socket Layers to transmit sensitive information from your computer to our servers and through to our payment processor. Transactions are secure and credit card information is never stored on our servers.

Payments To You

DCC is not involved in any transaction between you and the end user other than the facilitation of the sale and resulting download, and connection to the payment processor you choose through the Management Control Panel.

Your payments for orders or transactions conducted via the DCC System will be paid to you directly from your designated processor. DCC is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between you and End Users or payment processors.

DCC makes no guarantee about the reliability or accuracy of any payment processor services, or the results obtained from using the DCC System.

You are deemed to have a direct commercial relationship with each end user that purchases or receives digital content from or undertakes any other transaction with you through the DCC System.

Term, Cancellation, and Termination

Terms for our accounts are either Monthly or Yearly and do not require a contract. There are no refunds for unused months of service. This means that if you cancel your plan, monthly or yearly, prior to renewal we will not refund any monies you have paid. Cancellations must be submitting via the support ticket from within the Client Management Control Panel. Cancellation will take effect once we confirm cancellation via a reply email to your cancellation support request. NO EXCEPTIONS! ALSO, NO REFUNDS ARE GIVEN FOR ACCOUNTS THAT ARE CANCELLED THE DAY OF RENEWAL.

DCC may terminate your account, your access to DCC or any of your services (in whole or in part) at any time, with or without cause, and with or without notice. You may be denied from accessing any of your DCC services or from using the DCC system or from receiving any products, services or benefits from DCC, if DCC determines you have violated these terms of service, if You have failed to remit any applicable fees when due, if any representation or warranty made by you is untrue in any respect or if DCC receives a court order or other legal action relating to your account.

In the event that DCC terminates your account for violation of these Terms of Service, you will not be entitled to the return of any fees paid with respect to any such terminated account.

When an account is cancelled by either client or WSC all account files are purged.

Support

DCC will provide standard technical support free of charge with no time or call frequency limit for issues related to our products and services associated with normal operation of our service. Standard Support shall include only diagnosis and repair of any malfunction of standard network, equipment, and web server hardware or software provided with Customer's plan of Services. Customers will be notified if their support call is not free prior to incurring any expenses.

No support shall be provided for any issue not directly related to any Standard Support described above, including but not limited to issues related to web design, and software configuration, or troubleshooting (including 3rd party email clients), and training.

Customer may request additional support for items not covered by Standard Support, which would be billed at a specified hourly rate determined solely by DCC.

Support Boundary's

Even though we really want to help all clients with any issues that arise, we do have boundaries for FREE Support.

First thing to remember, our services require a certain level of knowledge in the use of Internet Languages, protocols, software, and following directions. The level of knowledge needed will vary depending on the anticipated use and desired outcome of using our services.

Second thing to remember, if we did not write it, then we do not support it for FREE. This includes web site creation software.

Third thing to remember, if we will not cover your support issue for FREE there is always paid support.

Your Representations & Warranties

By subscribing to our service you make the following representations and warranties:

• You and all users approved by you are at least eighteen years of age;
• You have the legal authority and capacity to enter into this agreement and sell and deliver digital content;
• All information supplied by you or by others using your account is true and accurate, including information submitted as part of the registration and payment process;
• You will not use the DCC system for any purpose that is unlawful or prohibited by these Terms of Service;
• Any digital content advertised, sold or otherwise distributed by you on or in connection with our services, your web site, or our Marketplace Service are legal for sale or distribution; and you have all licenses necessary to sell or advertise the digital content offered for sale or distribution; and that all sales and advertisements will be in compliance with applicable law, rule, and regulation;
• You own or control all of the intellectual property, proprietary and similar rights necessary for all material located on our system or your web site;
• You are responsible for providing all customer support related to the sale and/or delivery of digital content that you list with the DCC System;
• You are responsible for all billing disputes, refunds, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions;
• You are responsible for resolving any disputes relating to any completed or uncompleted transactions.

DCC is not liable for your actions with end users or the use of their information, or for any other actions arising from your use of the DCC System.

By using the DCC System, you agree that you will defend and indemnify DCC, its affiliates, and service providers from any third party claim related to a breach of any of the foregoing warranties.

Usage

Your right to use the DCC System is limited to you, and your company and its employees. You are solely responsible for your digital content, your web site and your DCC account. DCC reserves the right, but is not obligated, to monitor or to review materials posted on your account and web site and to monitor your compliance with these Terms of Service. DCC reserves the right in its sole discretion to edit, refuse to post or remove any digital content or materials which violate these Terms of Service in whole or in part, without notice at any time.

Prohibited Usage

You may not use the DCC System to:

• Rent, lease, license, grant a security interest in, or otherwise transfer or sublicense your rights hereunder to any third party;
• Defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights of any other person using the DCC System;
• Conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail (spamming) or multi-level or illegal marketing campaigns;
• Sell or distribute lists, containing any personal or any other identifying information without the express contractual rights to provide such information.

Publish, post, distribute, disseminate, advertise or link to information that:

• Contains Defamatory, libelous, slanderous, or infringing content or constitutes hate speech;
• Contains protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, or control such rights or have received all necessary consents for your publication, distribution, or linking of such software and other materials;
• Contains viruses, worms, corrupted files, cracks, Trojan horses, trap doors, back doors, worms, time bombs, cancel-bots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information, or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs;
• Facilitates the sale or distribution of firearms, explosives, ammunition, liquor, tobacco products, illegal gambling, illicit drugs, pharmaceuticals and controlled substances;
• Facilitates the sale or distribution of counterfeit, pirated or stolen goods, any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy;
• Facilitates the sale or distribution of goods or services that are considered indecent or pornographic in nature;
• Facilitates the sale or distribution of registered or unregistered securities;
• Facilitates the sale or distribution of goods or services that you cannot legally sell, goods which are misrepresented or which do not in fact exist, fraudulent goods or services;
• Facilitates the sale or distribution of goods or services that if sold by the DCC System would cause DCC to violate any law, statute or regulation;
• Facilitates the harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
• Violates any applicable government laws, rules or regulations.

You may not restrict or inhibit any other user from using and enjoying such user's rights to use the DCC System.

You may not interfere with or disrupt the DCC System, its service providers' servers or any network connected to the DCC System.

You may not use a trade name or other descriptive term in connection with operating your DCC Account or web site that is confusing or misleading to participants, or may otherwise impersonate or deceive participants with respect to your identity.

License You Grant to DCC

When you upload your digital content to our system to sell through our system it is assumed that you are providing us a license to do so. Your digital content will only be distributed to buyers with approved transactions or that you approve manually through the DCC System.

You maintain all ownership rights to your digital content at all times.

We occasionally may ask to use the web site that is connecting to the DCC System for promotional purposes to show prospective clients how our system works as seen here - http://www.digitalcontentcenter.com/customer-examples.php. No compensation will be paid or due you for showcasing your web site.

License You Grant to End Users

When digital content is downloaded by end users it is assumed that you provide a license agreement on your web site or with the digital content that is downloaded.

If you do not provide license rights for your digital content, DCC provides general license rights to end-users. These License Rights can be found in the End Users Section of these terms.

DCC is not responsible for licensing rights to your digital content, nor is DCC obligated to monitor your digital content's usage under those rights.

Backup Services

DCC provides storage for digital content based on the account type but does not backup individual account data or reports. Within the Management Control Panel we provide you the ability to download real time reports regarding the sale and delivery of your digital content.

DCC is not responsible for any of your data residing on the DCC System, its hardware or systems. You are solely responsible for maintaining and backing-up your data and information that may reside on DCC hardware or systems.

Dedicated backup services are available for an additional fee.

Access & Account Security

You are responsible for safeguarding the confidentiality of your account information, including password(s) and user name(s) issued to you.

You are also responsible for any use or misuse of your account or the DCC System resulting from any third party using a password or user name issued to you. You agree to notify DCC immediately of any known or suspected unauthorized access or use of your account, your password, the password of any individual user to whom you have issued a login ID or any other breach of security or misuse of the DCC System known to or suspected by you.

You may change your password at any time inside the Management Control Panel.

You are solely responsible for maintaining the confidentiality of your account information and monitoring usage of your account. DCC is not responsible for fraud of participants or of other users of your account.

It is your responsibility to take the necessary steps to ensure your primary means of business is maintained. DCC will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out your use of the DCC System.

Liability Limitations and Disclaimers

Your access to and use of the DCC System is at your own risk. DCC makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the DCC System, or such products or services.

In no event shall DCC, or its service providers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or any damages whatsoever including, without limitation to:

• Damages for loss of use, data, accounts, revenues or profits, arising out of or in any way connected with the use or performance of the DCC System;
• With the delay or inability to use the DCC System or related services;
• The provision of or failure to provide services arising out of the use of the DCC System whether based on contract, tort, negligence, strict liability or otherwise, even if DCC, or service providers has been advised of the possibility of damages;

If you are dissatisfied with any portion of the DCC System or with any of these terms of service, your sole and exclusive remedy is to discontinue using the DCC System and its related services.

DCC will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to:

• Your use of the DCC System, its services or products;
• Errors, bugs, viruses, or other defects in the DCC System;
• Lost company, customer or vendor information (including, without limitation, billing information, credit card numbers, lost orders, etc;
• Illegal or criminal activities committed by third parties, including but not limited to reliance on any information obtained on the DCC System or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to DCC records, programs or services;

Links to Third Party Sites

Advertising Links within our Marketplace Service will direct you away from our site. You acknowledge that the linked sites are not under the control of DCC and DCC is not responsible for the contents or operation of linked sites.

Clients may also provide links to their web site which will direct you away from our site. You acknowledge that the linked sites are not under the control of DCC and DCC is not responsible for the contents or operation of linked sites.

DCC encourages you to review any Terms of Service and Privacy Policies posted by linked sites prior to doing business with them.

DCC is not responsible or liable for the content of links to other sites, or sites linking to us and does not endorse either.

Copyright and Trademark Notices

All Design, Images, Custom Solutions, Management Control Panel Administration, Functionality, Applications, Logic, and Text are owned by DCC and are subject to copyright protection. Duplicating or copying any content from this web site or any solution that we create is a direct violation of copyright law. Unauthorized copying, distribution, reverse engineering, or use is strictly prohibited without written consent from DCC.

Digital Content Center and any of the associated marks are either a trademark or registered trademark of Web Services Corporation Inc.

All other copyrights remain property of their respective owners.

Privacy

For information about your Privacy when using our service please visit our Privacy Policy area.

Copyright Infringement

If you believe any digital information for sale on this site is a violation of your copyright we want to hear from you. Please visit our DMCA page.

Communication and Notices

All official communication between DCC and Customers as well as notices set forth within this agreement shall be by e-mail and our Support Ticket System.

Clients shall send notification and official communication to DCC through the Support Ticket System located within the Management Control Panel.

End Users shall send all notices and official communication to DCC through the contact form located on our contact page.

DCC shall send all notices and official communication to Customer at the e-mail address listed in Customer's account record.

It is solely the Customer's responsibility to ensure that the e-mail address listed with DCC is accurate and up to date.

In the event WSC sends a notice of cancellation, renewal or any other official notice to an e-mail address that is no longer valid for Customer, such notice shall be deemed delivered per this agreement.

The information provided by DCC to you is proprietary in nature. You agree not to share any information provided to you by or on behalf of DCC with any third party.

Disclaimer and Indemnification

Customer agrees to use our services at your own risk. DCC shall not be held liable in any way for any improper or incorrect use of the contents in this web site.

DCC specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, regarding the use of this web site or it's services.

DCC is not responsible or liable for any types of viruses or issues arising from viruses.

Submitting your order over the Internet is done at your own risk and discretion. DCC has no liability if parties other then DCC officers and employees obtain the contents of your submission.

Under no circumstances, including negligence, shall DCC or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that result or have alleged to have resulted from the use of or inability to use this web site or its services; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to this web site. DCC further shall have no responsibility whatsoever to you or any third party for the accuracy or quality of information obtained through or in connection with this web site or any of its services.

Customer shall defend, indemnify, save and hold DCC harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages asserted against DCC, its officers and employees, that may arise or result from this web site or it's services.

Notwithstanding the above, Customer's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the aggregate dollar amount which Customer paid during the three (3) months immediately preceding the claim or the term of this Agreement, whichever is less. These obligations will survive any termination of your relationship with DCC or your use of our service.

Governing Law

This Agreement, and the performances due hereunder, shall be construed and governed in accordance with the laws of the State of Tennessee. Venue for purposes of any court action shall be in Knox County, TN. As such, all claims concerning this Agreement shall be brought exclusively in the State or Federal courts located in Knox County, State of Tennessee. The parties hereby consent to submit to the jurisdiction of such courts located in Knox County, State of Tennessee and waive any personal jurisdiction or venue defenses concerning said forum. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DCC as a result of these Terms or Service or use of our services.

The parties expressly agree that The Uniform Computer Information Transactions Act or any version thereof adopted by any State in any form ("UCITA") shall not apply to this agreement, including any applicable product agenda. To the extent that UCITA is applicable, the parties agree to opt out of the applicability.

If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. If moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, such provision shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.

No delay or omission on the part of either party to this Agreement in requiring performance by the other party hereunder, or in exercising any right hereunder, will operate as a waiver of any right or rights hereunder. Any and all representations and warranties, indemnification obligations, confidentiality requirements, intellectual property, applicable law, notice, and termination provisions, jurisdictional consents, and this Section shall survive the termination of the Agreement by either party for any reason.

Unless otherwise specified herein, these Terms of Service, and the Privacy Statement constitute the entire agreement between the user and DCC with respect to the DCC System and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DCC with respect to the DCC System.

Updated

Our Client Terms of Service is periodically reviewed and enhanced as necessary and we reserve the right to modify our Client Terms of Service at any time. An update date is always provided so that you know when our Client Terms of Service was updated.

Our Client Terms were last updated on 03/01/2011.