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Terms and Conditions -

All Digiweb Hosting subscribers agree to be governed by the terms and policies laid out below.

Subscriber Responsibility

The subscriber will provide Digiweb Hosting with files and data in a condition that is immediately ready to host, which is in a state requiring no additional manipulation on the part of Digiweb hosting. Digiweb hosting shall make no effort to validate this information for content, correctness or usability.

Use of Digiweb Hosting's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. The level of knowledge required will vary depending on the need and usages of the subscriber's system. The required knowledge may include web standards, web programming and scripting, database design and maintenance, knowledge of email, including how to access an email account or search engine optimisation.

The subscriber agrees that the subscriber possesses sufficient knowledge to use the subscribed system.

Digiweb Hosting's shared hosting platform is designed for the purpose of providing a website hosting service and email hosting service. This platform is not designed, and should not be used for purposes such as IRC, chat services, file sharing, including Bit Torrent. Any use of Digiweb Hosting's services in this way is cause for immediate service termination.

In order to avail of discounted domains or free domains, or other promotional items, often you must request the discount or promotion. If the promotion is not automatic, you must request it by emailing hosting@digiweb.ie, otherwise usual rates would apply.

It is the subscriber's FULL responsibility to provide any and all documentation necessary to complete a .ie registration. It is also the subscriber's responsibility to to ensure that the subscriber possesses sufficient documentation to complete a .ie registration. Lastly, the subscriber must have the right to register a .ie registration. Any failure to comply with these requirements resulting in a failed registration attempt will incur a €25 administration charge

Responsibility for backups remains entirely with the subscriber. Digiweb make no guarantees nor provisions for the safe backup of data. Digiweb recommend that subscribers make good and reasonable efforts to maintain a backup program.

Responsibility for website security remains entirely with the subscriber. Digiweb make no guarantees nor provisions for the security of website code, scripting or authorised access to accounts. Digiweb may make certain applications available to customers but responsibility for patching and maintaining those applications remains with the subscriber.

Digiweb recommend that subscribers make good and reasonable efforts to maintain a secure website.

Email and Spam Policy.

Use of Digiweb Hosting for sending spam is prohibited. Any use of Digiweb Hosting for spam will result service termination.

Mailing list subscribers must be opted in, and preferably double-opted in. Mailing list subscribers must immediately have the option to unsubscribe, at any time. Selling mail lists hosted by Digiweb Hosting is prohibited without the express re-permission of all subscribed users.

Due to the nature of how e-mail operates Digiweb Hosting can not guarentee the delivery of any e-mail via either the hosting cluster servers or the broadband relay server smtp.digiweb.ie. Email is for convenience communications only and should not be used for mission critical or time critical purposes.

Digiweb Hosting's mail servers are based in Ireland, and as such, are governed by Irish and European law on email usage.

Usage Policy.

All services provided by Digiweb may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any Irish law is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Digiweb from any claims resulting from the use of the service which damages the subscriber or any other parties.

NOTE: Pornography is prohibited on any Digiweb server. Digiweb will be the sole arbiter as to what constitutes a violation of this provision.

NOTE: Spamming, or the sending of unsolicited email, from a Digiweb server or using an email address that is maintained on a Digiweb machine is STRICTLY prohibited. Digiweb will be the sole arbiter as to what constitutes a violation of this provision.

Any access to other networks connected to Digiweb must comply with the rules appropriate for that other network.

Virtual Server Acceptable Useage Policy

Excessive use of resources on the Virtual Environment platform may lead to your VE being throttled. If this is the case we will look to move you to a more powerful platform that would be better suited to your needs, which may increase your monthly bill.

Use of Digiweb's Virtual Environment offerings to do any of the following are grounds for immediate suspension of service:

  • - Spamming
  • - Hosting of Warez/Bit Torrent Services or other P2P services
  • - Hosting of Pornography
  • - The hosting of certain proxy services

Backup services are provided but responsibility for backup of data on the Virtual Environment is solely the customers. Digiweb keeps disaster recovery backups in case of interruption to services.

Customers found using these systems for illegal activities, including but not limited to breaking in to remote systems, credit card fraud, theft, vandalism, threats, or violence, will have their accounts immediately cancelled without refund of any fees.

These terms and conditions for virtualisation do not replace the rest of the terms and conditions. They are extensions rather than replacements.

Billing and Service Policy.

Payment is due within 14 days of invoice. All payments must be in Euro. Accounts are in default if payment is not received within 30 days of invoice date.

Accounts in default may have their service interrupted. Such interruption does not relieve the subscriber 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. Written requests MUST BE delivered in person or by registered post. Emails and Faxs are not acceptable. Accounts in default may be subject to a late payment charge of EURO 20 and an interest charge of 15% per month on the outstanding balance. If the subscriber defaults, the subscriber agrees to pay Digiweb its reasonable expenses, including solicitor and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.

All files, information and mail under the account will be preserved for 15 days from the date the payment is due. If the payment is not received after 15 days, all files, information and mail under the account may be deleted. If the subscriber wishes to use the service again, the subscriber must re-apply as a new subscriber.

The subscriber agrees that Digiweb has the right to delete all data, files or other information that is stored in the subscriber's account if the subscriber.s account with the company is in default or if it is terminated, for any reason, by either Digiweb or the subscriber.

Digiweb reserve the right to alter or amend domain registrant contact details if necessary, either temporarily or permanently.

System accounts cannot be transferred or used by anyone other than the subscriber. No more than one login session may be used at any time by the subscriber or any system account. If the subscriber has multiple accounts, the subscriber is limited to one login session per system account at any time; user programs may be run only during login sessions. Accounts which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation.

If your bill remains unpaid, Digiweb reserve the right to claim domain names registered.

Digiweb reserve the right to park domains that are auto renewed in good faith but are subsequently cancelled by the original registrant. These domains will be parked for the remainder of the registration period.

Digiweb shall have the right to suspend service to the subscriber at any time, and for any reason, without notice. If such a suspension is to last for more than 5 days, the subscriber will be notified as to the reason.

There are absolutely no refunds for domains once registered or renewed. Domain names must be cancelled via the 'My Account' page in your hosting control panel prior to the month in which they are due to renew, or they will be automatically renewed and billed.

Hosting and domain services are provided for an initial term of 12 months (unless explicitly defined under contract) and shall automatically renew for subsequent 12 month terms, until terminated in accordance with this agreement. After the Initial Term, subscribers may terminate this agreement upon thirty (30) days written notice to Digiweb. Should the subscriber wish to terminate this agreement for any reason during the initial term, a cancellation fee equal to three (3) months monthly service fee will become immediately due, and subscriber acknowledges and agrees to pay such fee. A customer may only terminate a contract during the Initial term with the agreement of Digiweb. Digiweb may in its sole discretion terminate this Agreement at any time. In the event that DIGIWEB terminates this Agreement for reasons other than breach of this Agreement by Subscriber, then Digiweb shall endeavor to the extent reasonably possible to provide 30 days notice to Subscriber. Subscriber is liable under this Agreement for all fees and charges until such time as the Agreement has been terminated. SUBSCRIBER UNDERSTANDS THAT UNLESS WRITTEN NOTIFICATION IS RECEIVED BY DIGIWEB AFTER THE INITIAL TERM, THE SERVICE SHALL CONTINUE AND SUBSCRIBER WILL CONTINUE TO BE RESPONSIBLE FOR PAYMENT OF APPLICABLE SERVICE FEES.

Digiweb reserves the right to change its charges and pricing, and that this will apply to any service provision already in place. The subscriber will be notified in advance of the effective date of the change either by email or by post.

The subscriber must certify that he or she is at least 18 years of age.

The subscriber acknowledges Digiweb exercises no control whatsoever over the content of the information passing through its servers and infrastructure.

ICANN Regulations

ICANN provides a document laying out your Registrant Rights and Responsibilities here:

http://www.icann.org/en/resources/registrars/registrant-rights/benefits

For Registrant Education:

http://www.icann.org/en/resources/registrars/registrant-rights/educational

Warranty

Digiweb makes no warranties of any kind, whether expressed or implied, for the service it is providing. Digiweb also disclaims any warranty of merchantability or fitness for a particular purpose, including protection against DDoS attacks and protection against security breaches.

During the term of any agreement, both parties will keep in full force and effect adequate insurance to include, inter alia, property insurance covering each party's own property and equipment in the amount of its full replacement cost at the time of loss. Customers acknowledge that Digiweb has no obligation whatsoever to and does not insure any of the Customer's property.

Digiweb will not be responsible for any damage suffered. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by Digiweb's negligence or the subscriber's errors or omissions. Use of any information obtained via Digiweb is at your own risk. Digiweb is not responsible for customer data or information. Responsibility for user data backups lies with the user. Digiweb specifically denies any responsibility for the accuracy or quality of information obtained through its services.

LIMITED LIABILITY.

ANY LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE COMPANY FOR THE CURRENT MONTH.

Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court of relevant jurisdiction, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.

These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of Digiweb Service constitutes acceptance of these Terms and Conditions.

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