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When using the Service provided by Direct Hosting, defined below in Section 1.1,
you agree to be bound by all of the following terms (the "Terms of Service")
within this Agreement.
Direct Hosting reserves the right to alter, ammend or modify any provision of this
Terms of Service Agreement at any time with or without prior notice to you.
This Agreement is effective from your acceptance thereof, which is indicated
by the establishment of your account. If you are a current Direct Hosting client when
this Agreement is activated, your continued use of the Service constitutes your
acceptance of this Agreement.
1. Service
1.1. Direct Hosting provides Website Hosting services, including, but not limited to,
Diskspace for File Storage; FTP Access for uploading and downloading files to and
from your assigned account.
1.2. Any means of identification assigned to you by Direct Hosting (including username
and IP address) will remain the property of Direct Hosting. Direct Hosting reserves the right
to alter or replace these forms of identification at any time.
1.3. Direct Hosting makes no guarantees as to the continuous availability of the Service
or any specific feature of the Service. Direct Hosting reserves the right to discontinue
and/or change the Service or any of its features at any time with or without notice.
2. Registration Requirements
2.1. In consideration of the Use of the Service, outlined below in Section 3, Client
certifies to Direct Hosting that he/she is not a minor. By accepting this Agreement, you
represent that you are at least 18 years of age.
2.2. You agree to provide Direct Hosting with accurate, complete and up-to-date billing
information, including your legal name, electronic mail (e-mail) address, home address,
and telephone number. All changes to this information must be reported to Direct Hosting
within 30 days of the change.
2.3. By accepting this Agreement, you agree that you are responsible for all charges
posted to your account until you close the account as specified in Section 11. If any
information provided by you is inaccurate, not current or incomplete, Direct Hosting retains
the right to suspend or terminate your account.
3. Use of the Service
3.1. You, and those you authorize, are the only individuals who are authorized to access
the Service through your account. You must ensure that all authorized users on behalf of
your account comply with this Agreement.
3.2. You are responsible for maintaining the confidentiality of passwords used by
yourself or any authorized user for your account.
3.3. You will not use the Service or permit others to use the Service through your
account in any way that violates any law or regulation; subjects Direct Hosting to liability;
or is in any violation of the Direct Hosting Terms of Service Agreement.
4. User Conduct
4.1. You agree to be solely responsible for the content of your transmissions through
the Service. You acknowledge that Direct Hosting simply acts as a passive conduit for the
distribution and transmission of data.
4.2. You may now resell multi hosted accounts.
4.3. You agree that your use of the Service is subject to all applicable local,
state, national and international laws and regulations. Furthermore, you agree that
you recognize that violation of any such laws, rules and regulations shall be cause
for immediate termination, without notice, of your account at the sole discretion
of Direct Hosting.
5. Unacceptable Use of Service
5.1. Illegality in any form, including, but not limited to, activities such as
unauthorized distribution or copying of copyrighted software; violation of U.S.
or International export restrictions; harassment; fraud; drug dealing; intentionally
inflicting emotional distress; violating trademarks; copyrights; and other intellectual
property rights.
5.2. We reserve the right to remove permission to access the Service if we
suspect security violation attempts involving your account, whether directly
deliberately caused by you or not.
5.3. Spamming, to send unsolicited commercial email or newsgroup posts, from
the server or involving your domain.
5.4. Mail bombing, sending of large files or emails to other users against
the request of an Internet user, whether or not our servers are used.
5.5. Violations of system or network security is prohibited, and may result
in criminal and civil liability. Examples include, but are not limited to, the
following: Unauthorized access, use, probe, or scan of a systems security or
authentication measures, data or traffic. Interference with service to any user,
host or network including, without limitation, mail bombing, flooding, deliberate
attempts to overload a system and broadcast attacks.
5.6. The use of programs that consume an excessive amount of CPU run time
or Random Access Memory (RAM) on the server.
5.7. Unacceptable site content, links, storage and/or distribution including,
but not limited to, pirated software or programs which are intended or used for
security violation purposes ("cracking software"); "Warez Sites"; "IRC Bots";
pornography; nudity; sexually explicit or offensive material; and defamatory,
scandalous, or private information about a person without their consent.
ALL FORMS OF 'UNACCEPTABLE USE OF SERVICE' ARE STRICTLY FORBIDDEN. EVIDENCE OF
SUCH MATERIAL WILL BE CAUSE FOR IMMEDIATE TERMINATION OF SERVICE. Direct Hosting WILL
BE THE SOLE ARBITERS AS TO WHAT CONSTITUTES A VIOLATION OF THIS PROVISION. Direct Hosting
WILL NOTIFY THE APPROPRIATE LAW ENFORCEMENT DEPARTMENT IF SUCH VIOLATION IS A
CRIMINAL OFFENSE.
6. Fees
6.1. Setup fees 'where applicable) are non-refundable. Direct Hosting does not issue
refunds for fees paid in advance or for fees and/or payment made towards your
account after the first 15 days of Service.
6.2. Current pricing for Direct Hosting services may be obtained by sending an email
to: accounts@DirectHosting.com.au. Direct Hosting reserves the right to change prices,
rates and/or institute new charges/fees at any time upon 30 days prior notice.
6.3. A service charge, up to the maximum allowed by the state you reside in,
will be assessed to your account for each check that is returned to Direct Hosting
for insufficient funds.
6.4. Payment must be made towards your account on its assigned due date. If
your account is delinquent, your account may be suspended or terminated at the
sole discretion of Direct Hosting. Direct Hosting may, at its sole discretion, charge a
fee of US.00 or greater to reinstate a suspended account.
IF YOUR ACCOUNT INCURS CHARGES WHICH ARE DENIED BY YOUR FINANCIAL INSTITUTION,
Direct Hosting RESERVES THE RIGHT TO RE-BILL FOR THOSE CHARGES, REGARDLESS OF YOUR
ACCOUNT STATUS.
Direct Hosting may, at its sole discretion, charge a fee of US.00 or greater to
reinstate a suspended account.
6.5. If you believe that Direct Hosting has billed you in error, you must contact
the Billing Department within 30 days of the invoice or transaction date of the
charge. Refunds or adjustments will not be given for any charges billed in error
which are more than 30 days old.
You are responsible for keeping yor email address up to date in the EDIT field in
your Plesk control panel. You may also email this change of address to accounts@DirectHosting.com.au
if you would like a diffent email address shown in Plesk.
7. Discaimer of Warranties
7.1. You assume full responsibility and risk for use of the Service by you and
your authorized users. The Service is provided on an "as is" and "as available"
basis. Direct Hosting does not warrant that the Service will be uninterrupted or
error-free. Direct Hosting makes no express or implied warranties, representations
or endorsements including, but not limited to, warranties of title, non-infringement
or implied warranties of service or fitness for a particular purpose regarding
all information or service provided through Direct Hosting. No advice or information
given by Direct Hosting, its employees, affiliates or contractors shall create a warranty.
7.2. Direct Hosting shall not be liable for any costs or damages arising directly
or indirectly from use of the Service. It is soley your responsibility to evaluate
the accuracy, quality, completeness, and usefullness of all opinions, advice,
services, and other information provided through the Service.
8. User Remedies
8.1. If you are dissatisfied with the Service or any of its terms, conditions,
rules, policies, guidelines, or practices, your sole and exclusive remedy is
to terminate this Agreement and discontinue using the Service by closing your
account by one of the methods outlined in Section 11.
8.2. Under no circumstances shall Direct Hosting, its employees, affiliates or
contractors be liable for any direct, indirect, incidental, special, punitive,
or consequential damages that result in any way from any: use of your account
or the Service or your inability to use the Service; your reliance on or use
of information, services or merchandise provided on or through the Service or
that result from mistakes, ommissions, interruptions, deletion of files, errors,
defects, delays in operation or transmission, or any failure of performance.
9. Idemnity
You agree to defend, indemnify, and hold Direct Hosting and its affiliates harmless
from any and all liabilities, costs, and expenses, including reasonable attorneys'
fees, related to or arising from: any violation of this Agreement by you or those
who access this Service through your account; the use of the Service or the Internet
in general; and the placement or transmission of any message, information, software,
or other materials on the Internet by you or by those who have access to the Service
through your account.
10. Termination of Agreement
10.1. You may terminate this Agreement by using the methods outlined in Section 11
of this Agreement. Your termination will only be complete upon your receipt of
a confirmation number from Direct Hosting. You will recieve this confirmation number
either via Electronic Mail. Charges to your account will stop accruing the day
you recieve your confirmation number. Direct Hosting will not issue refunds for fees
paid in advanced or for accounts that have been activated passed the 30 Day Money
Back Guarantee mark.
10.2. Direct Hosting may terminate this Agreement at any time without cause upon
30 days prior notice; or; immediately if you or any person who has access to the
Service through your account, commit a material breach of this Agreement including,
but not limited to, a breach of any obligation imposed under Sections 2, 3, 4, 5 or
6 or if you fail to pay any charges within 7 days of the date they accrue.
10.3. Upon termination of this Agreement, all rights granted to you or your
authorized users under this Agreement shall immediately cease and terminate.
10.4. Termination from this Agreement does not release you from the obligation
to pay all accrued charges under this Agreement.
10.5. Sections 6, 7, 8, 9, and 11 shall survive termination of this Agreement,
Direct Hosting retains the right to enforce these provisions regardless of account status.
11. Closing an Account
11.1. You may close your account by sending an email to accounts@DirectHosting.com.au.
The request must meet the following criteria:
Include your account information (domain name, username, IP address, server name and password)
Reference your Order/Authorization Number you recieved with your first reciept
of payment. Failure to enforce strict performance of any provision of this Agreement
shall not be construed as a waiver. More info on Billing FAQ available
here.
Requests to cancel accounts or the termination of your payment plan at Direct Hosting
will result in the IMMEDIATE deactivation of your account. In a case where a client has
ceased a billing cycle, the account will be deactivated upon investigation by the Accounts department.
12. Closing a Dedicated Server Account
12.1. You may close your dedicated server account by folllowing the terms laid out in section 11.
12.2. The closure of a Dedicated server account requires 2 weeks notice. Notice must be given
within 2 weeks of account payment.
This Agreement shall be governed by and construed in accordance with the laws
of the State of New South Wales, Australia, without regard to its conflicts of law
provisions. You consent to the personal jurisdiction of the federal and state
courts having jurisdiction for Sydney, Australia, with respect to all disputes
arising out of this Agreement, your use of the Service or otherwise between you
and Direct Hosting. Any cause of action you may have with respect to the Service must
be commenced within six (6) months after the claim or cause of action arises or
such claim or cause of action is barred.
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© DIRECT HOSTING 2004
