WEBSITE AND EMAIL HOSTING SERVICE – by Digital Elements (ABN: 57 629 899 001)
Agreement for Shared Server Accounts (May 2019 v.5)
Standard Terms and Conditions
By paying Digital Elements’ invoice, the client agrees to use Services according to the following terms and conditions:
- This agreement commences when the invoice is paid fully by the due date and will continue for a period of 12-months from 1 August 2019 to 31 July 2020.
- The client agrees to use the Services according to the account selected or as specifically stated on their invoice. In the case of developers, or where a single client holds multiple accounts, these terms and conditions will be taken as binding to all existing and subsequent accounts once the client has provided acceptance of these terms and conditions.
- All invoices relating to virtual ‘Shared’ server accounts are to be paid on an annual basis in advance unless stated otherwise.
- Digital Elements may, from time to time, vary the terms, charges and conditions outlined in this agreement. The version of this agreement that is published at http://www.digitalelements.com.au/pages/web-hosting-terms-and-conditions.pdf is to be taken as the binding and most recent version of these terms and conditions.
- In using the Services provided, the client must abide by all applicable Local, State, Federal and International laws, treaties and regulations.
- The client must not send unsolicited bulk email via Digital Elements’ mail servers. The client’s site must not be referenced or linked to unsolicited email.
- The client is given the authority to access data contained in their account only. With the exception of having read-only access log files, users do not have the authority to access, read or write data to any other location on the Digital Elements servers.
- The client is not permitted to use Digital Elements’ server(s) to attack other networks/computers.
- The client understands the Service is provided on a shared server and agrees that its website cannot overwhelm the web hosting server by overusing the system resources, which could compromise the overall server.
- The client must ensure their password is only given to people whom they give authority to access their account. Digital Elements takes no responsibility for damage or loss resulting from unauthorised access to an account where access is gained with a valid username and password. Digital Elements’ systems will never request to be notified of the client’s password.
- The client agrees, for security reasons, that all email accounts (as part of the hosting Service) are restricted to use in Australia only. With written request by the client, this restriction can be lifted when the Client is travelling or operating regularly in other countries.
- While Digital Elements uses all reasonable care to provide the Services, Digital Elements does not warrant that the client will receive continual and uninterrupted Services during the term of this agreement. In no event shall Digital Elements be liable to the client for damages resulting from, or in relation to, any failure or delay of Digital Elements to provide Services under this agreement if such delays or failures are due to circumstances beyond Digital Elements’ control. Such a failure or delay shall not constitute a default under this agreement. Digital Elements and its directors, agents or employees will not be liable whatsoever or howsoever for any form of loss or damage suffered, whether arising directly or indirectly by the client or any person related to or dealing with the client out of, in connection with, or reasonably incidental to the provision of the Services offered by Digital Elements to the client.
- The client agrees to defend, indemnify and hold Digital Elements harmless from and against any and all claims, losses, liabilities and expenses (including solicitors’ fees) related to or arising out of the Services provided by Digital Elements to the client under this agreement including, without limitation, claims made by third parties (including customers of the client) related to any false advertising claims, liability claims for products or services sold by the client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided, or for any content published by the client using the Service.
- Should any part of this agreement be or become invalid, that part shall be severed from this agreement and such invalidity shall not affect the validity of the remaining provisions of the Agreement.
- Digital Elements reserve the right to suspend/cancel any/all Services if:
- The client has an outstanding invoice or account;
- The client is in dispute or dispute resolutions procedure, court order, judgment, findings or determination;
- The client fails to comply with any provision in this agreement or those referenced in this agreement;There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party’s right;
- Digital Elements deem the client’s use of its services may jeopardise the operation of the service, us or our suppliers, and;
- Digital Elements deem any other reason as satisfactory to protect its entity, its staff and/or its suppliers.
- If the client’s account is cancelled under this agreement, Digital Elements may immediately delete all data held prior to cancellation and may perform any action without notice.
- The client releases Digital Elements of any claim arising from suspension, cancellation or termination of any service.
- By paying the attached invoice, the client acknowledges and agrees with the entire agreement between the parties and excludes all oral or implied representations and terms unless such terms are agreed between the parties in writing.