Terms of Service

These Terms of Service ("Terms") govern your access to and use of websites, customer accounts, hosting, infrastructure, technical services, professional services, subscriptions, and other products or services provided by Digital Media Geek ("Digital Media Geek," "DMG," "we," "us," or "our").

By purchasing, ordering, accessing, renewing, or using a Digital Media Geek service, creating an account, or otherwise agreeing to these Terms, you ("Customer," "you," or "your") agree to be bound by these Terms and any policies, service descriptions, order terms, statements of work, or other agreements expressly incorporated into them.

If you do not agree to these Terms, do not purchase or use the Services.

1. Eligibility and Authority

You must be at least eighteen (18) years old and legally capable of entering into a binding agreement to use the Services.

If you purchase or use Services on behalf of a company, organization, agency, client, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms.

You are responsible for ensuring that anyone to whom you provide access to your account or Services complies with these Terms and all applicable policies.

2. Services

Digital Media Geek provides technology and related professional services that may include, without limitation:

• one-time technical troubleshooting and repair;
• WordPress troubleshooting, repair, maintenance, optimization, and related services;
• malware and security cleanup;
• website recovery;
• DNS, domain, and SSL troubleshooting;
• business email troubleshooting and related services;
• website, email, and infrastructure migrations;
• hosting migrations and hosting escape services;
• technical diagnosis;
• Geek Hours and prepaid technical assistance;
• monthly retainers;
• server management;
• cloud infrastructure management;
• managed website hosting;
• managed and unmanaged virtual private servers ("VPS");
• managed and unmanaged dedicated servers;
• website development, design, configuration, and related professional services; and
• other technology services offered by Digital Media Geek.

The specific scope, features, limitations, pricing, and deliverables applicable to a Service may be described on the Digital Media Geek website, during checkout, in an order, proposal, service description, statement of work, invoice, or other written agreement.

If a specific written service agreement or statement of work conflicts with these Terms, the more specific written agreement controls solely with respect to the conflicting provision and applicable Service.

3. Customer Accounts

You may be required to create a Digital Media Geek account to purchase, manage, or use certain Services.

You agree to provide accurate and current information and to keep your account information reasonably up to date.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity occurring through your account, except to the extent caused directly by Digital Media Geek.

You must promptly notify Digital Media Geek if you reasonably believe your account has been compromised.

Digital Media Geek may require identity, account, email, phone, payment, or other reasonable verification before performing sensitive account actions.

4. Authorization to Access Customer Systems

Certain Services require Digital Media Geek to access systems, websites, servers, applications, databases, email accounts, domain registrars, DNS providers, hosting accounts, cloud platforms, administrative panels, or other technology controlled by you or a third party.

When you provide Digital Media Geek with credentials, access tokens, API keys, administrative access, SSH access, root access, passwords, authorization codes, or other access methods, you authorize Digital Media Geek to use that access as reasonably necessary to perform the Services you requested.

You represent and warrant that you own, control, administer, or otherwise have lawful authority to authorize Digital Media Geek to access each system for which you provide access.

You must not instruct Digital Media Geek to access a system, account, device, network, or data without authorization.

Digital Media Geek may refuse or discontinue work if we reasonably believe the requested access or activity may be unauthorized, unlawful, fraudulent, abusive, or otherwise improper.

5. Technical Work and Inherent Risk

Technology services can involve inherent operational risks.

You acknowledge that activities such as software updates, malware removal, security remediation, migrations, DNS changes, server configuration, database repair, file modification, email configuration, operating-system changes, infrastructure changes, recovery work, and similar technical operations can result in unexpected behavior, incompatibility, service interruption, downtime, configuration changes, or data loss.

Digital Media Geek will use commercially reasonable care when performing Services but cannot guarantee that technical work will be risk-free or that every system can be repaired, restored, migrated, recovered, secured, or made compatible.

You are responsible for maintaining appropriate backups of important data before technical work begins whenever reasonably possible.

6. Malware, Security, and Recovery Services

Digital Media Geek may provide malware removal, security remediation, recovery, or related services.

No security service can guarantee that a system is or will remain completely free from vulnerabilities, malware, unauthorized access, or future compromise.

A compromised system may contain damage or modifications that cannot be completely identified or reversed.

Digital Media Geek does not guarantee complete recovery of lost, corrupted, encrypted, deleted, or otherwise inaccessible data.

Customers are responsible for implementing and maintaining appropriate security controls after remediation, including applying updates, protecting credentials, maintaining backups, and following security recommendations where appropriate.

7. Hosting Services

Hosting Services may include Managed Website Hosting, VPS hosting, Dedicated Server Hosting, and related infrastructure services.

Hosting plans may be billed monthly, quarterly, annually, or on another billing interval identified at purchase.

Unless expressly stated otherwise, recurring Hosting Services automatically renew for successive billing periods until canceled in accordance with these Terms.

Resources, features, bandwidth, storage, compute capacity, IP addresses, management level, backup features, and other plan characteristics may vary by Service.

Digital Media Geek may modify infrastructure or migrate workloads when reasonably necessary for security, reliability, maintenance, capacity management, provider requirements, or continued operation of the Services, provided that we use commercially reasonable efforts to minimize unnecessary disruption.

8. Managed and Unmanaged Infrastructure

Digital Media Geek may offer both managed and unmanaged VPS and Dedicated Server Services.

For managed Services, Digital Media Geek's management responsibilities are limited to the management features specifically included in the applicable plan, order, or service description.

For unmanaged Services, the Customer is responsible for administration, configuration, software, applications, security, patching, monitoring, backups, and other system-management functions unless separately purchased from Digital Media Geek.

The existence of Digital Media Geek access to a server does not by itself make that server a managed Service.

9. Root and Administrator Access

Customers may receive root, administrator, control-panel, or equivalent privileged access to certain servers or infrastructure.

Privileged access carries significant risk. Customers are responsible for actions taken using credentials issued to them and for actions performed by users to whom they provide access.

Digital Media Geek is not responsible for outages, security incidents, data loss, configuration damage, software failures, or other problems caused by Customer modifications, Customer-installed software, Customer users, compromised Customer credentials, or unauthorized third parties, except to the extent directly caused by Digital Media Geek.

Digital Media Geek may require credential changes or temporarily restrict privileged access when reasonably necessary to protect infrastructure, investigate abuse, address a security incident, or comply with law or an upstream-provider requirement.

10. Backups

For Managed Website Hosting plans that include backups, Digital Media Geek's current standard backup framework is daily backups with approximately seven (7) days of retention, unless the applicable service plan states otherwise.

Backup frequency, retention, scope, exclusions, and availability may vary by plan and may change as infrastructure or service offerings evolve.

Backups are provided as a convenience and risk-reduction measure and are not a substitute for Customer-maintained backups.

Digital Media Geek does not warrant that every backup will complete successfully, that every file or database will be included, or that any particular backup will be recoverable.

You are responsible for maintaining independent copies of critical websites, databases, email, files, configurations, and other important data appropriate to your business and risk requirements.

11. Availability and Maintenance

Unless Digital Media Geek expressly provides a separate written Service Level Agreement ("SLA") for a particular Service, no specific uptime percentage or uninterrupted-availability commitment applies.

Services may be unavailable because of maintenance, software failure, hardware failure, network conditions, security events, attacks, third-party-provider failures, Internet conditions, emergency maintenance, Customer activity, or events outside Digital Media Geek's reasonable control.

Digital Media Geek may perform scheduled or emergency maintenance when reasonably necessary.

12. Geek Hours

Geek Hours are prepaid blocks of Digital Media Geek professional or technical service time.

Geek Hours do not expire unless expressly stated otherwise at purchase.

Geek Hours are non-refundable once purchased, including unused and partially used blocks, except where required by applicable law or where Digital Media Geek determines that it cannot provide the purchased service and elects to issue a refund or credit.

The amount of time required to complete a task cannot always be predicted in advance. Digital Media Geek may provide estimates, but estimates are not guarantees unless expressly stated in writing.

13. Retainers and Management Services

Retainers, server management, cloud management, and other recurring professional services provide access to the scope of assistance identified in the applicable plan or agreement.

Unless expressly stated otherwise, recurring retainers and management Services automatically renew until canceled.

Fees for a billing period become non-refundable when that billing period begins, except where required by law or expressly agreed otherwise by Digital Media Geek.

Unused time, capacity, availability, or benefits associated with a retainer do not roll over unless the applicable plan expressly provides otherwise.

A retainer does not guarantee unlimited labor or immediate availability unless expressly stated in the applicable service description.

14. Orders, Pricing, and Taxes

You agree to pay all charges presented to and accepted by you when ordering or renewing Services.

Prices may vary based on Service, configuration, billing period, resources, third-party costs, or other factors.

Applicable taxes, duties, governmental charges, or similar assessments may be added where required.

Digital Media Geek may correct obvious pricing or billing errors.

For recurring Services, Digital Media Geek may change recurring prices by providing at least thirty (30) days' notice before the new price becomes applicable.

If you do not agree with a recurring price change, you may cancel the affected Service before the new price takes effect, subject to applicable cancellation deadlines.

15. Recurring Billing and Automatic Renewal

By purchasing a recurring Service and providing a payment method, you expressly authorize Digital Media Geek and its payment processor to charge the applicable recurring fees, taxes, and authorized charges to your payment method at each renewal until the Service is canceled.

Recurring Services may renew monthly, quarterly, annually, or according to the billing interval selected or stated at purchase.

You are responsible for maintaining a valid payment method.

Your authorization remains effective until the recurring Service is canceled or otherwise terminated.

16. Payment Processing

Digital Media Geek uses third-party payment processors, including Stripe, to process payments.

Digital Media Geek does not store complete payment-card numbers on its own systems when payment-card information is collected and processed directly by the payment processor.

Your use of a payment method may also be subject to terms, privacy practices, fraud controls, authentication requirements, and other rules imposed by the applicable payment processor, financial institution, or payment network.

Digital Media Geek may provide payment processors with information reasonably necessary to process transactions, prevent fraud, resolve payment disputes, or comply with applicable requirements.

17. Failed Payments

If payment for a recurring Service fails or becomes overdue, Digital Media Geek may attempt to collect payment again and may notify you of the payment failure.

A Service may be suspended after payment remains unpaid for three (3) days.

If payment remains unpaid for ten (10) days, Digital Media Geek may terminate the affected Service and may permanently delete associated data, systems, accounts, virtual servers, websites, backups, or other resources.

Restoration after suspension or termination is not guaranteed.

You remain responsible for charges properly incurred before cancellation or termination.

18. Cancellation

Recurring Services remain active until canceled or otherwise terminated.

To prevent the next scheduled renewal, you must submit cancellation at least ten (10) days before the applicable billing or renewal date.

Cancellation may be requested through your Digital Media Geek customer account/dashboard where that functionality is available or by submitting a support request through an authorized Digital Media Geek support channel.

Cancellation becomes effective at the end of the then-current paid billing period unless otherwise stated.

Failure to use a Service does not constitute cancellation.

Cancellation does not create a right to a refund for charges that are otherwise non-refundable.

19. Refunds

Refund eligibility is governed by the Digital Media Geek Refund & Cancellation Policy, which is incorporated into these Terms by reference.

In general:

• eligible one-time technical work may be refunded before work begins;
• one-time technical work becomes non-refundable after work begins;
• completed Services are non-refundable;
• Geek Hours are non-refundable;
• retainers are non-refundable once the applicable billing period begins;
• Hosting, VPS, and Dedicated Server Services are non-refundable once provisioned or renewed;
• deposits for future projects are refundable unless a specific written agreement states otherwise; and
• third-party products, licenses, registrations, certificates, subscriptions, IP resources, and similar costs generally become non-refundable once ordered or provisioned.

If Digital Media Geek determines that it cannot perform a purchased Service, Digital Media Geek may provide a full refund, proportional refund, credit, or other appropriate resolution depending on the circumstances.

The complete Refund & Cancellation Policy controls if this summary conflicts with that policy.

20. Chargebacks and Payment Disputes

If you believe a charge is incorrect, you are encouraged to contact Digital Media Geek promptly so the issue can be investigated.

Nothing in these Terms waives any legitimate payment-dispute rights available to you under applicable law or payment-network rules.

Knowingly false, fraudulent, abusive, or improper chargebacks or payment disputes may result in suspension or termination of Services.

When responding to a payment dispute, Digital Media Geek may provide Stripe, another payment processor, financial institutions, or payment networks with relevant records, including transaction information, authorization records, account records, service-delivery records, login or usage records, communications, order details, and other evidence reasonably related to the transaction.

21. Third-Party Products and Costs

Some Services depend on or include products or services supplied by third parties, including domains, certificates, software, licenses, IP addresses, control panels, cloud resources, data-center services, network services, email services, security services, and similar products.

Third-party purchases generally become non-refundable once ordered, registered, licensed, allocated, provisioned, or renewed.

If a third-party provider issues Digital Media Geek a refundable credit for a canceled third-party item, Digital Media Geek may, in its discretion and subject to applicable obligations, pass through an appropriate refund or credit to the Customer.

Third-party products and services may be governed by additional provider terms.

22. Upstream and Third-Party Providers

Digital Media Geek relies on third parties to provide portions of its Services and business operations.

These providers may include data centers, network carriers, cloud platforms, hosting infrastructure providers, domain registrars, DNS providers, software vendors, security providers, email providers, payment processors, and other technology vendors.

Current providers may include Wholesale Internet, Stripe, Resend, and Cloudflare. Providers may be added, removed, or replaced as Digital Media Geek's infrastructure and business requirements change.

Your use of the Services must not cause Digital Media Geek to violate requirements imposed by an applicable upstream provider.

Digital Media Geek may take action reasonably necessary to comply with an upstream-provider requirement, abuse complaint, security requirement, network-protection measure, court order, governmental requirement, or applicable law.

Such action may include investigation, filtering, traffic restriction, disabling functionality, quarantining content, suspending access, disconnecting a system, or terminating a Service when reasonably necessary.

23. Acceptable Use

All Services are subject to the Digital Media Geek Acceptable Use Policy ("AUP"), which is incorporated into these Terms by reference.

You are responsible for activity occurring through your Services and for users, customers, clients, employees, contractors, applications, websites, devices, or systems to which you provide access.

You must not use the Services for unlawful, fraudulent, abusive, infringing, malicious, deceptive, or infrastructure-threatening purposes.

Digital Media Geek may investigate suspected violations and may suspend, restrict, or terminate Services as provided by these Terms and the AUP.

If the AUP conflicts with these Terms regarding acceptable use, abuse, network protection, or prohibited activity, the provision that provides greater protection to Digital Media Geek's infrastructure, customers, providers, or legal obligations will apply to the extent permitted by law.

24. Customer Content and Data

As between you and Digital Media Geek, you retain your rights in content and data you provide, upload, host, transmit, or otherwise make available through the Services ("Customer Content").

You grant Digital Media Geek a limited right to access, host, copy, transmit, process, modify, back up, restore, migrate, scan, or otherwise handle Customer Content as reasonably necessary to provide, secure, maintain, troubleshoot, or support the Services or comply with applicable obligations.

You represent and warrant that you have the rights and permissions necessary for Digital Media Geek to process Customer Content as contemplated by the Services.

You are responsible for the legality, accuracy, integrity, and appropriateness of Customer Content.

25. Intellectual Property

Except for Customer Content and third-party materials, Digital Media Geek and its licensors retain all rights in Digital Media Geek websites, software, systems, designs, branding, documentation, processes, content, and other intellectual property.

Purchasing a Service does not transfer ownership of Digital Media Geek intellectual property unless expressly agreed in writing.

For custom project deliverables, ownership and licensing terms may be specified in the applicable proposal, statement of work, service description, or other written agreement.

Until all applicable amounts are paid, Digital Media Geek may withhold delivery, transfer, credentials, licenses, or ownership rights to the extent permitted by the applicable agreement and law.

26. Customer Responsibilities

You agree to:

• provide accurate information reasonably necessary to perform the Services;
• respond to reasonable requests for information, access, approvals, or decisions;
• maintain lawful authority over systems and content you ask Digital Media Geek to access;
• protect credentials and privileged access;
• maintain appropriate independent backups;
• use the Services in compliance with applicable law and the AUP;
• maintain current contact and billing information;
• pay charges when due;
• promptly address abuse, security, or network issues reported to you; and
• avoid actions that interfere with Digital Media Geek or an upstream provider.

Delays caused by missing Customer information, unavailable access, Customer decisions, third-party providers, or other circumstances outside Digital Media Geek's reasonable control may delay completion of Services.

27. Suspension

Digital Media Geek may immediately suspend, restrict, isolate, filter, or disable all or part of a Service when we reasonably believe action is necessary to:

• address an actual or suspected security incident;
• prevent malware, phishing, fraud, spam, abuse, or unauthorized access;
• stop or mitigate a denial-of-service attack or network threat;
• protect infrastructure, IP reputation, other customers, or third parties;
• respond to an abuse complaint;
• comply with an upstream-provider requirement;
• comply with law, legal process, or governmental request;
• investigate suspected violations of these Terms or the AUP;
• prevent significant resource abuse;
• address overdue payment; or
• reduce material legal, operational, security, or financial risk.

Where reasonably practical, Digital Media Geek may provide notice or an opportunity to cure. However, advance notice is not required when immediate action is reasonably necessary.

Suspension does not necessarily relieve you of payment obligations for the applicable Service.

28. Termination

You may terminate Services by canceling them in accordance with the applicable cancellation requirements.

Digital Media Geek may terminate a Service for material breach of these Terms, nonpayment, repeated abuse, unlawful activity, security threats, fraud, upstream-provider requirements, or circumstances that make continued provision of the Service unlawful or materially unsafe.

Digital Media Geek may also discontinue a Service offering. Where reasonably practicable, we will provide advance notice of a non-emergency discontinuation.

Upon termination, your right to use the affected Service ends.

Data associated with a terminated Service may be deleted immediately or according to applicable operational procedures. You should retrieve any data you are entitled to retain before termination whenever possible.

Digital Media Geek is not obligated to retain Customer data after termination except where required by law or expressly agreed in writing.

29. Communications

You consent to receive electronic communications reasonably related to your account, transactions, Services, security, support requests, billing, renewals, policy updates, and other service matters.

Digital Media Geek may also send promotional or marketing communications where permitted by law.

You may opt out of marketing communications using the unsubscribe mechanism provided in those communications or another available preference mechanism.

Opting out of marketing communications does not prevent Digital Media Geek from sending transactional, security, billing, legal, or service-related communications.

30. Privacy

Digital Media Geek's collection and use of personal information is described in the Digital Media Geek Privacy Policy.

By using the Services, you acknowledge that information may be processed by Digital Media Geek and by service providers reasonably necessary to operate the Services.

31. No Professional Legal, Financial, or Regulatory Advice

Unless expressly agreed otherwise in writing, Digital Media Geek provides technology services and does not provide legal, accounting, tax, financial, insurance, or regulatory-compliance advice.

Technical recommendations should not be interpreted as professional advice outside Digital Media Geek's agreed technical scope.

32. No Guarantee of Particular Results

Unless expressly stated in a written agreement, Digital Media Geek does not guarantee:

• uninterrupted or error-free operation;
• any particular uptime percentage;
• specific search-engine rankings;
• specific website traffic;
• email inbox placement or deliverability;
• complete malware detection or future immunity from compromise;
• recovery of lost or corrupted data;
• compatibility with every third-party product or service;
• continued availability of a third-party service;
• a particular business, financial, revenue, sales, marketing, or performance outcome; or
• that a technical issue can always be repaired or recovered.

Any estimate, recommendation, projection, or expected outcome is informational unless expressly identified as a contractual guarantee.

33. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

DIGITAL MEDIA GEEK DISCLAIMS ALL WARRANTIES NOT EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

DIGITAL MEDIA GEEK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ALL DEFECTS OR DATA CAN BE RECOVERED.

Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.

34. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL MEDIA GEEK WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, DATA, OR USE, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL MEDIA GEEK'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A PARTICULAR SERVICE OR EVENT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO DIGITAL MEDIA GEEK FOR THE AFFECTED SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IF THE AFFECTED SERVICE HAS BEEN PROVIDED FOR LESS THAN THREE MONTHS, THE CAP WILL BE THE AMOUNT ACTUALLY PAID FOR THAT SERVICE DURING THAT SHORTER PERIOD.

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY, TO THE EXTENT PERMITTED BY LAW.

Nothing in these Terms limits liability that cannot lawfully be limited or excluded.

35. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Digital Media Geek and its owners, personnel, contractors, agents, and service providers from claims, liabilities, damages, judgments, losses, costs, and reasonable expenses arising out of or relating to:

• your Customer Content;
• your unlawful or unauthorized use of the Services;
• your violation of these Terms or the AUP;
• your infringement or violation of a third party's rights;
• activity by users or customers to whom you provide access to the Services; or
• your instructions to Digital Media Geek where those instructions violate law or third-party rights.

Digital Media Geek will not seek indemnification to the extent a claim is caused solely by Digital Media Geek's own conduct for which indemnification cannot lawfully be required.

36. Third-Party Services

Digital Media Geek does not control third-party providers and cannot guarantee their continued availability, performance, security, pricing, policies, compatibility, or functionality.

Changes, outages, suspensions, restrictions, discontinuation, or failures by third parties may affect Digital Media Geek Services.

Digital Media Geek is not responsible for a third party's independent acts or omissions except to the extent liability cannot lawfully be excluded.

37. Force Majeure

Digital Media Geek will not be responsible for delay, interruption, failure, or inability to perform caused by circumstances beyond its reasonable control.

Such circumstances may include natural disasters, severe weather, fire, flood, war, terrorism, civil unrest, labor disruption, governmental action, utility failure, Internet or telecommunications failure, data-center failure, upstream network failure, cyberattack, denial-of-service attack, widespread software vulnerability, third-party-provider failure, supply shortage, or other events beyond Digital Media Geek's reasonable control.

38. Changes to Services

Digital Media Geek may modify, replace, improve, discontinue, or change features of the Services as business, technical, security, provider, or legal requirements evolve.

We will use reasonable efforts to avoid materially reducing a paid Service during its current billing period without a legitimate operational, security, provider, or legal reason.

39. Changes to These Terms

Digital Media Geek may update these Terms from time to time.

The current version will be made available through the Digital Media Geek website and will identify its effective date.

For material changes affecting existing recurring Services, Digital Media Geek may provide reasonable notice by email, account notification, website notice, or another appropriate method.

Your continued use or renewal of Services after updated Terms become effective constitutes acceptance to the extent permitted by applicable law.

Changes will not retroactively eliminate rights that cannot lawfully be altered.

40. Governing Law and Court Proceedings

These Terms are governed by applicable United States law and, to the extent applicable, the laws of the jurisdiction in which Digital Media Geek is legally established, without regard to conflict-of-law principles.

The parties are encouraged to attempt in good faith to resolve disputes informally before initiating litigation.

Any dispute that is not resolved informally may be brought before a court of competent jurisdiction.

Nothing in these Terms prevents either party from seeking emergency or injunctive relief from a court where legally appropriate.

Digital Media Geek does not require mandatory arbitration under these Terms.

41. Notices

Digital Media Geek may provide notices through email, your customer account, the Digital Media Geek website, or another reasonable electronic method.

Legal notices to Digital Media Geek may be sent to:

Digital Media Geek
Email: legal@digitalmediageek.com

You are responsible for maintaining a current email address and other contact information associated with your account.

42. Assignment

You may not assign or transfer these Terms or a Service account without Digital Media Geek's prior written consent where the assignment would materially affect Digital Media Geek's obligations, security, payment risk, or provider requirements.

Digital Media Geek may assign these Terms in connection with a merger, acquisition, restructuring, sale of business or assets, change in ownership, or transfer to an affiliate or successor.

43. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed to the minimum extent necessary.

The remaining provisions will remain in effect.

44. No Waiver

Failure by Digital Media Geek to enforce a provision of these Terms does not waive the right to enforce that provision later.

A waiver is effective only when expressly made by an authorized representative.

45. Entire Agreement

These Terms, together with the applicable order, service description, statement of work, Refund & Cancellation Policy, Acceptable Use Policy, Privacy Policy, and any other agreement expressly incorporated by reference, constitute the agreement between you and Digital Media Geek regarding the applicable Services.

They supersede prior discussions or representations concerning the same subject matter, except for an applicable written agreement that expressly states that it modifies these Terms.

46. Order of Precedence

If documents governing a Service conflict, the following order generally applies unless a specific written agreement expressly states otherwise:

1. a signed or specifically accepted statement of work or service agreement;
2. the applicable order and service-specific terms;
3. these Terms of Service;
4. the Acceptable Use Policy for matters involving acceptable use, abuse, security, or network protection;
5. the Refund & Cancellation Policy for refund and cancellation matters; and
6. other incorporated policies.

Upstream-provider, legal, security, or network-protection requirements may require Digital Media Geek to take immediate operational action notwithstanding another provision of the agreement.

47. Survival

Provisions that by their nature should survive termination will survive, including provisions concerning payment obligations, intellectual property, disclaimers, limitations of liability, indemnification, disputes, and other accrued rights or obligations.

48. Contact

Questions regarding these Terms may be directed to:

Digital Media Geek
legal@digitalmediageek.com