YOUR USE OF THE DAFIRM STUDIO SERVICE IS SUBJECT TO THESE TERMS AND CONDITIONS.

By accessing or using the service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the service.

The following is not permitted :
No Warez/Hacking Sites
No Bulk Emailing
No Adult Material
No file archives for distribution. Ex: Shareware, Clip Art, MP3s

Highlights of our Agreement:
Everything on our servers must be legal within the USA. Our disk space may only be used for web site material. Backing up data from other computers is a violation of our service. Please view our Acceptable Use Policy for more information.

Warranty Disclaimers
For legal reasons we disclaim any warranties, expressed or implied with respect to the service including (but not limited to) implied warranties of merchantability and fitness for a particular purpose or which otherwise arise from trade usage or course of dealing.

DaFirm Studio does not warrant or represent the accuracy or quality of information obtained through the Service. DaFirm Studio is not responsible for any loss of data from delays, non-deliveries, misdeliveries, or service interruptions, whether caused by the Service Provider’s negligence or Customer’s errors and/or omissions or due to any other cause.

As a condition precedent to obtaining any Customer rights under the terms of this Agreement, Customer specifically agrees that no claims shall be made by Customer against DaFirm Studio arising from the content of messages published by any other DaFirm Studio customer or other third party. Any claims between DaFirm Studio customers, including but not limited to requests for de-publication or retraction, shall be resolved between the customers themselves without DaFirm Studio’s involvement.

Customers Liability
This Service may only be used for lawful purposes. You are prohibited from transmitting via the Service any unlawful or otherwise harmful material nor shall any information or materials be transmitted in violation of any local, state, or Federal regulation(s) or applicable international covenant or treaty. You agree to comply with all federal, state, local and foreign laws and regulations, as applicable.

Without limiting the foregoing, you are prohibited from sending or receiving information which infringes on a third party’s intellectual property rights, threatening, obscene or offensive material to the extent prohibited by the Telecommunications Act of 1996, material protected by trade secret, fraudulent credit card information, fraudulent computer information, and data which enables breach of firewalls or other forms of unauthorized access to protected files. The use of the Service to transmit certain kinds of information (including without limitation, computer software and other technical data) in violation of export control laws and other regulations of the United States, whether that information is received abroad or by foreign nationals within the United States is also prohibited.

You agree to indemnify and hold harmless DaFirm Studio from any claims resulting from Customer’s use of this Service that results in claims by a third party or a violation of law. Such indemnification shall include reimbursement of all DaFirm Studio’s costs and legal fees incurred in connection therewith.

In the event that DaFirm Studio determines that inappropriate usage of this account warrants immediate termination, reasonable efforts will be made to inform customer in writing of this action but DaFirm Studio shall take such further steps as required by law or court order.

DaFirm Studio reserves the right to delete or limited access to any material at DaFirm Studio’s sole discretion, should such material come to DaFirm Studio’s attention. In such cases, DaFirm Studio shall attempt to notify customer within 24 hours of such action.

Notwithstanding the foregoing, Customer acknowledges and agrees that DaFirm Studio’s customer and practice is to not monitor, review, limit, censor or control content transmitted on the Service. Customer further acknowledges and agrees that it is practicably and technically not feasible for DaFirm Studio to attempt to do so to any degree. Nothing in this agreement shall be deemed to imply that DaFirm Studio can or will monitor, review, limit censor or otherwise control content transmitted or stored on the Service. Customer shall be solely liable for the Content transmitted or stored.

Customer warrants and represents that all information published by Customer via the Service is either owned by Customer or that Customer has obtained the requisite licenses granting Customer permission to electronically publish the material.

Notwithstanding these warranties, DaFirm Studio disclaims any liability for actual or alleged infringement of copyright, patent, trademark or other intellectual property rights of third parties resulting from Customer’s use of the Service.

Limitation on Liability
In no event shall DaFirm Studio be liable for any damages whatsoever, whether based on contract, tort, warranty, or other legal or equitable grounds (including, without limitation, damages for loss of profits, business interruption, loss of information, loss of data, cost of procurement of substitute goods or other pecuniary loss) arising out of your use or your inability to use the Service, even if DaFirm Studio has been advised of the possibility of such damages. Notwithstanding any other provision of this Agreement, in no event shall DaFirm Studio’s liability arising out of, or relating to this Agreement, exceed the amount paid to DaFirm Studio.

Financial Obligations
Customer agrees to pay all charges incurred through access of your account. Payment is due upon receipt of DaFirm Studio’s monthly invoice. Accounts are in default if payment is not received within 15 days after date of invoice. We will accept payment by check however a $10.00 service fee applies. If your payment is returned to us unpaid your account will be deemed to be in default and you will be charged a returned check charge of $25 in addition to interest and penalties as further provided herein. All payments made through PayPal are recurring and will be charged on a recurring basis according to term requested at time of purchase or until customer submits written notice of termination. In no event shall DaFirm be held liable for any transactions conducted on PayPal payment gateway. Accounts in default may have their service interrupted. Such interruption does not relieve you from the obligation to pay the monthly charge. Only a written request to terminate your service relieves you of your obligation to pay the monthly account charge. Accounts in default are subject to late charge of $10 per month on the outstanding balance. If your state law does not allow a $10 late charge per month, the maximum allowable rate for your state will be charged. If you default, you agree to pay DaFirm Studio’s reasonable expenses, including attorney fees and collection costs, incurred in enforcing its rights under this Agreement.

Termination of Service
Customer may cancel Service at any time by providing written notice to DaFirm Studio. Such notice shall be deemed effective within one (1) day of receipt.

DaFirm Studio may terminate this agreement at anytime without further notice due to customer’s failure to abide by these terms and conditions.

Refund Policy
If you have been with DaFirm for less than 15 days, you may cancel your account with customer service in writing and request a full refund minus $25 non-refundable setup fee.

If your are beyond the initial 15 days, you may also cancel with customer service in writing. However, DaFirm will prorate your service based on the current month to month rate (shown below) and refund any remaining balance. If you choose to cancel beyond the initial 15 days, DaFirm Studio will charge for the entire month that you are in and refund additional months accordingly. All refunds will be made via PayPal no exceptions and may take up to 60 days to process.

Current Month to Month Rate Table
Economy Plan - $10.95
Basic Plan - $14.95
Standard Plan - $19.95


YOUR SIGNATURE ON A HARD COPY OF THIS AGREEMENT IS NOT REQUIRED IN ORDER FOR THE AGREEMENT TO BE LEGALLY BINDING IN A COURT OF LAW. YOUR DIGITAL SIGNATURE ON THE INITIAL ORDER AND YOUR USE OF THE SERVICE, HAVING THE SAME FORCE AND EFFECT AS IF YOU HAD ACTUALLY SIGNED A HARD COPY OF THIS AGREEMENT.