Welcome to Digital Marketing Systems ("we," "our," "us"). By accessing or using our website design and hosting services ("Services"), you ("Client," "you," "your") agree to comply with and be bound by the following Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our Services.
Digital Marketing Systems offers website design, development, hosting, and related digital marketing services. We will provide the Services as outlined in the service agreement or proposal provided to you. These services may include but are not limited to:
You agree to use our Services only for lawful purposes and in accordance with our acceptable use policies. You are prohibited from using our Services to:
Our Services are provided for the fees outlined in your proposal. You agree to pay all fees in accordance with the payment terms specified in your agreement. Payments may be required upfront, periodically (e.g., monthly, annually), or as otherwise agreed upon.
If payment is not received on time, we reserve the right to suspend or terminate your services, including hosting access, until all outstanding payments are made.
You retain ownership of all content that you provide to us for use in the creation and operation of your website. However, by submitting content to us, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and reproduce that content solely for the purpose of providing our Services to you.
Our Services, including but not limited to our website designs, code, hosting platforms, and proprietary technologies, remain the intellectual property of Digital Marketing Systems unless otherwise agreed in writing. You may not copy, distribute, modify, or create derivative works based on our intellectual property without prior written consent.
While we strive to provide the highest level of uptime and reliability for our hosting services, we do not guarantee that our hosting services will be uninterrupted or error-free. We are not liable for any loss of data or other issues arising from server downtime or interruptions in service.
We may suspend or limit access to the hosting services for scheduled maintenance, emergencies, or if we believe you are violating our Terms.
We take the security of your data seriously and implement reasonable security measures to protect your data. However, we cannot guarantee the absolute security of your information.
You are responsible for ensuring that the content of your website complies with all applicable data privacy laws, including but not limited to the General Data Protection Regulation (GDPR) if applicable to your location or business.
By using our Services, you agree to our Privacy Policy, which outlines how we collect, use, and protect your personal and business information.
In no event shall Digital Marketing Systems, its directors, employees, agents, or contractors be held liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, or data, whether in contract, tort, or otherwise, arising out of or in connection with your use of our Services.
Our liability to you for any claim arising out of these Terms or your use of our Services is limited to the amount you paid for the specific service or services that gave rise to the claim.
We may suspend or terminate your access to our Services if you violate any of the Terms outlined here, or if we determine that continuing to provide Services is no longer feasible for any reason. You may terminate your use of our Services by providing us with written notice.
Upon termination, we may delete your data or website content, and you will remain responsible for any outstanding fees or charges.
You agree to indemnify, defend, and hold harmless Digital Marketing Systems and its affiliates, officers, employees, agents, and contractors from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of your use of our Services, your violation of these Terms, or your infringement of any rights of a third party.
We reserve the right to modify or update these Terms at any time. Any changes to these Terms will be posted on this page with the updated date. Your continued use of our Services after any changes to these Terms will constitute your acceptance of those changes.
These Terms are governed by and construed in accordance with the laws of South Carolina. Any disputes arising from these Terms shall be resolved through binding arbitration in South Carolina, unless otherwise agreed upon in writing.
If you have any questions or concerns regarding these Terms, please contact us at:
Digital Marketing Systems
Phone: 803-233-3547