Hosting Terms

THE FOLLOWING TERMS & CONDITIONS DOCUMENT IS UNDER COPYRIGHT PROTECTION AND IS THE SOLE OWNERSHIP OF Digital Surf. MODIFICATION AND DISTRIBUTION OF THIS DOCUMENT WITHOUT CONSENT FROM Digital Surf IS LEGALLY FORBIDDEN.


LENGTH OF SERVICE TERMS:


Client agrees to a monthly contract term of service . The minimum service length payable for website and/or email hosting is 30 days, unless cancelled by Digital Surf on a mutually agreed upon date.
SERVICE START DATE:


The first payment plus setup charges, if any, shall be due in advance of any service provided. Hosting start date is effective on the date of first payment or on an agreed upon date. All subsequent invoices will be issued a month apart covering that full month of service.
SERVICE CANCELLATION:


Digital Surf Email and Web Hosting Terms and Conditions will automatically apply to successive monthly use of service, unless canceled in email by client. The client must notify Digital Surf of service cancellation, at minimum, 14 days before the beginning of the next month. Failing to do so will result in the Client paying Digital Surf for the next month of services owning.
SERVICE PRICE AGREEMENT:


Digital Surf reserves the right to change prices of its services at any time. The client will receive, at the least, 60 days notification prior to a price change. Renewal of services by the Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Client’s account.
TERMS OF PAYMENT:


All monthly fees paid are non-refundable once the paid for period of hosting has commenced. All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of prepayment. Any account not brought current within two weeks (14 days) of payment owing will be charged an additional late payment fee of 10% of the invoice cost owing. The late payment fee will continue to be applied on top of current fees every two weeks (14 days) until all fees are paid. Exceeding the time frame of payments due, in any way, is subject to account suspension. All fees owed on the account from the time it was established to the time of termination will be of the client’s responsibility to pay. Failure to comply with these terms will result in appropriate legal action. All payments must be paid in Australian currency. After the current paid for period of services, your account will automatically renew at the same period length, unless arranged otherwise before the new period takes place.
PROPRIETARY INFORMATION:


Client agrees to not decompose, disassemble, decode or reverse engineer any Digital Surf program, code or technology delivered to Client or any portion thereof. Appropriate legal action will be taken should Digital Surf find the client guilty of breaching these terms.
CENSORSHIP:


Digital Surf has certain legal and ethical responsibilities consisting with the use of the servers and equipment involved in these services. Digital Surf’s general policy is to act as a provider of internet presence. Digital Surf reserves the rights to suspend or cancel a client’s access to any or all services provided by Digital Surf when decided that the account has been used inappropriately. These responsibilities include, but not limited to: any attempt to undermine or cause harm to a server or customer of Digital Surf, providing material that is grossly offensive to the Web community, promoting or providing instructional information about illegal activities, displaying material containing obscene nudity or pornographic material, acts of copyright infringement or information used to circumvent manufacturer-installed copy-protect devices.
BANDWIDTH ABUSE:


The intention of Digital Surf email and web hosting is to provide bandwidth to transfer website documents and emails to and from individuals. The web hosting is not an offsite storage area for electronic files. If this condition is violated, a notification will be given within 48 hours to remedy the problem. Failure to do so will result in overages being charged to the client. Digital Surf will be the sole arbiter as to what constitutes a violation of this provision.
ELECTRONIC COMMERCE:


You will be solely responsible for the development, operation and maintenance of your online store and products along with all content and materials appearing online unless otherwise agreed upon, including without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to your products,
(b.) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to your products are not libellous or otherwise illegal.
You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from. You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your website. You will keep all such information confidential and will use the same degree of care and security as you would expect your confidential information to be used.
STATIC & DYNAMIC CONTENT CACHING:


The client grants Digital Surf a license to cache the entirety of your website, including content supplied by third parties, hosted by Digital Surf under this agreement. The client agrees that such caching is not an infringement of any of the client’s intellectual property rights or any third party’s intellectual property rights.
UNSOLICITED EMAIL & SPAMMING:


Unsolicited commercial advertisements (SPAM) are not allowed in e-mail, and will likely result in account cancelation. Digital Surf takes a zero-tolerance approach to SPAM originating from its servers or for SPAM advertising of domains hosted within our network. If found, a warning will be sent. If this continues to occur, we will charge up to $25 per unsolicited email message sent and delete your account. The following activities are not allowed: bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (mail bombing); Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited.
99.9% UPTIME GUARANTEE:


The 99.9% uptime guarantee applies to any client in good financial standing with Digital Surf at the time of a service outage. 
Digital Surf endeavours to have all website and email content available for HTTP access by any party in the world 99.9% of the time. Network downtime (unavailability) is defined as 100% packet loss from Digital Surf to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Digital Surf email. 
If the hosting server has network downtime more than 1% of your hosting period, your account will be credited 50% of your hosting fee for the current affected period of hosting. In order to receive a credit on your account, a request must be made within seven (7) days after the experienced downtime. The request must be made by sending an email message to the info@Digital Surf.com.au email. The body of this message must contain your hosted website URL, the dates and times of the unavailability of your website, and such other customer identification requested by Digital Surf. Credits will usually be applied within thirty (30) days of your credit request. Credit to your account will be the client’s sole and exclusive remedy in the event of an outage. Credit will not be provided to you in the event that you have any outage resulting from:
(a.) Scheduled website or server maintenance notified by email,
(b.) The client’s behaviour or the performance or failure of the client’s equipment, facilities or applications,
(c.) Circumstances beyond Digital Surf’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
(d.) You breaking any agreement policy in Digital Surf’s Email and Web Hosting Terms & Conditions causing a machine to fail as a result.
MANAGED HOSTING LIMITATIONS:


Digital Surf provides managed hosting support which includes: updating WordPress core, plugins and themes to newer versions, providing maintenance on files deemed necessary and providing limited backups.
WARRANTIES:


Digital Surf makes no warranties or representations of any kind, whether expressed or implied for the services it is providing. Digital Surf also disclaims any warranty of merchantability for any particular purpose, and will not be responsible for any damages that may be suffered by the client. These damages include: loss of data, non-deliveries or service interruptions by any cause or errors. Digital Surf specifically denies any responsibilities for any damages arising as a consequence of such unavailability of Digital Surf services.
EMAIL STORAGE
:


Email storage is limited to 30 gigabytes (GB) of storage space per users email account and must be used in accordance with these terms. Additional storage can be purchased from Digital Surf should additional storage be required.
FILE SERVER:


Digital Surf provides special file-servers in the network infrastructure as a means of website storage. This space is only used to store files required to render a website. Anything Digital Surf deems as downloadable and not website related files are required to be stored within a separate Digital Surf file server(s). This policy does not apply for media files uploaded for use on the website such as JPG, GIF and PNG file formats. In addition, all electronic files stored within Digital Surf’s file-servers must be legally owned and be accompanied with a valid license and/or copyright. This includes, but is not limited, to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should Digital Surf discover any unlicensed and/or illegal files within the client’s account, the files will be subjected to deletion without any further notifications.
DOMAIN NAMES
:


You agree to pay Digital Surf prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Digital Surf price schedule for the initial registration of the domain name. These terms will also apply should you choose to renew the registration and subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, canceled or transferred prior to the end of your then current registration term. Digital Surf reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at Digital Surf’s sole discretion. The client’s requested domain name will not be registered unless Digital Surf receives actual payment of the registration fee, and have confirmed the client’s registration in an email from Digital Surf to the email address indicated in your registration application. In the event of a chargeback by a credit card company in connection with the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to Digital Surf as the paying entity for that registration. Digital Surf will reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Digital Surf will reinstate your domain name registration solely at Digital Surfs discretion, and subject to our receipt of the initial registration or renewal fee and an additional reinstatement fee of 25% of the domain registration price. The requested domain name will not be registered until we receive actual payment of the registration fee. Digital Surf will not be held liable for the failure of a domain name purchase/transfer for any reason.
TERMINATION:


Digital Surf may terminate this agreement at its sole discretion upon the occurrence of one or more of the following events:
(a) failure to comply with any provisions of the agreement upon receipt of written notice from Digital Surf of said failure, (b) appointment of receiver, or upon the filing of any application, by the client seeking relief from creditors, (c) upon mutual agreement in writing of Digital Surf and the client.
DISPUTES:


If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals. Regardless of the place of signing this agreement, you agree that for purposes of this contract is entered in Queensland, Australia, and any dispute will be litigated or arbitrated in Queensland, Australia. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Brisbane, unless agreed upon by both parties. In no event shall Digital Surf’s maximum liability exceed the most recent accepted hosting invoice amount charged to the client.
INDEMNIFICATION:


Client shall indemnify and hold Digital Surf harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind. This also applies to the nature that may be asserted, granted or imposed against Digital Surf directly or indirectly, arising from or in connection with the client’s marketing or support services of the product, or services or the unauthorised representation of the product and services, or any breach of this agreement by the client.
AUTHORISATION:


By placing an order with Digital Surf, you confirm that you are in agreement with and bound by these terms and conditions. The purpose of this agreement is to precede a monthly or yearly arrangement under which Digital Surf will provide website and/or email hosting services on behalf of the client subject to the terms and conditions stated in this document.

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