Account Setup
We will setup your account after payment has been received & cleared,
and our payment partner(s) have screened your order in case of
fraud. Please provide us with an email address which is not at
the domain you are signing up under. Only the authorized person
listed on the account will have access to the account.
Digital Exposure will also verify your identity by asking security
questions, as required by the privacy laws in Australia. The
client agrees to provide this information before assistance can
be provided to them.
Domain Names
Domain names are governed by our domain name service agreements.
By registering or transferring a domain name you agree and are
bound by these agreements.
Content
All products and services provided by Digital Exposure may only
be used for lawful purposes. This includes, but not limited to
copyrighted material, or material we judge to be threatening,
obscene and pornography. We do not allow pornographic sites.
The customer agrees not to host such material. The customer
agrees to indemnify and hold harmless Digital Exposure from any
claims resulting from the use of our services.
Examples of unacceptable material:
• IRC Bots
• Warez Sites
• Pirated Software
• Running processes which cause the server to crash
• Illegal sites, content or software
• Proxy servers or other servers
• Hate sites
• Pornographic sites
• Hack programs and archives
• Spam related sites
• Extremists sites
• Phasing sites
• Other sites where numerous complaints are received
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited
e-mail, bulk emailing, and spam. "Safe lists" and "double
option" will be treated as spam.
Digital Exposure reserves the right to require changes or disable
as necessary any web site, account, database, or other component
that does not comply with this policy, at its sole discretion.
Digital Exposure also reserves the right to make any such modifications
that are urgent at our sole discretion. Digital Exposure reserves
the right to charge the holder of the account used to send any
unsolicited e-mail a clean up fee. This cost of the clean up
fee is left entirely to the discretion of Digital Exposure. All
rights reserved.
Backups
You agree you will only perform backups of your site, databases,
web space, etc, using the backup function in your hosting control
panel between the off peak hours of 11.30pm Australian Eastern
Standard Time and 7am Australian Eastern Standard Time. Using
the backup function outside of these times may result in your
account being suspended, as outlined below.
The backup function in your control panel uses high server resources
and may cause the server to become less responsive, affecting
the web site performance for other users.
Payment Information
You agree to supply appropriate payment for the services received
from Digital Exposure, in advance of the time period during which
such services are provided. You agree that until and unless you
notify Digital Exposure of your desire to cancel any or all services
received, those services will be billed on a recurring basis.
Digital Exposure reserves the right to change the monthly advertised
price and any other charges at anytime. Current customers will
be notified prior to any change in their billing cycle charges.
Payment must within 7 days to avoid account suspension. All
goods and services purchased for which payment has not been received
in cleared funds, remains the property, internet property and
intellectual property of Digital Exposure.
Digital Exposure is a prepaid service. Your account will not
be created until funds have been received as cleared funds. It
is your responsibly to ensure we have received funds by the due
date to avoid suspension and/or termination of our products and
services. If you have made payment and would like to cancel your
account before it is activated, you will receive a refund, minus
a $10.00 administration charge, to cover our bank fees, postage
charges, fraud screening and company administration.
30 Day Money Back Guarantee
Digital Exposure will provides a 30 Day Money Back Guarantee
on our hosting services. This guarantee applies to our hosting
products only, and does not apply to domain names, servers, SSL
certificates, email hosting, etc. To redeem the 30 Day Money
Back Guarantee, Digital Exposure must receive and process your
cancellation request within 30 days of your initial signup. Requests
received and/or processed after this date will not be honored.
Payment Types
Digital Exposure accepts the following payment types:
- Direct Deposit
- Cheque
- Money Order
- Pay Pal
Credit Card payments (available through Pay Pal)
Digital Exposure will send an invoice 30 days in advance when
the hosting package is up for renewal. If payment is not received
by the due date the hosting package will be suspended. The hosting
package will be terminated 14 days after the due date if payment
has not been received. Should you wish to continue hosting with
Digital Exposure after the account has been terminated then a
fee of $95.00 inc GST will be charged.
Payments by Cheque which bounce due to insufficient funds will
incur a penalty charge to the value of the current fees of the
bank at the time. the hosting package will be suspended until
all fees, including penalty fees are paid and cleared.
Account Suspension
We reserve the right to suspend your account if you have an
outstanding invoice for more than 14 days past the due by date.
If your invoice remains unpaid for a further 14 days, we reserve
the right to cancel your account(s). Your information may then
be passed onto a collections agency for debt recovery.
We reserve the right to suspend your account at any time for
breaching our terms and conditions, for initiating in activities
which may reduce the security of other web sites on our servers,
or where Digital Exposure has been given misleading or false
information regarding the type of web site to be hosted or the
customer information provided has been inaccurate or false.
If your account has been suspended due to non-payment, Digital
Exposure will not provide support to the client until their account
has been paid in full. Digital Exposure will provide you a reason
why your account was suspended and allow you one opportunity
to clarify and resolve the reason for your account suspension
with 24 hours of notifying you of the problem. If your account
is suspended for the same/similar reason in future, a $50.00
account reactivation fee will apply to cover the administration
time involved, per incident.
Backups and data loss
Your use of our products and services is at your sole risk.
Digital Exposure is not responsible for files and data residing
on your account. You agree to take full responsibility for files
and data transferred and to maintain all appropriate backup of
files and data stored on Digital Exposure servers.
If you require Digital Exposure to retrieve any data from our
backups or restore your account from a backup, there will be
a $75.00 non-refundable charge. We provide backup tools in your
control panel which will allows you to perform backups of your
account when required, or you can always download your web site
files from our server for off-site storage.
Misc Information
Microsoft Frontpage 98 extensions are not supported by our systems,
as Microsoft has removed support for this version of frontpage.
Frontpage Extensions 2000+ are supported.
Support
All hosting plans are supported by direct contact via phone
on 03 9750 6675. Support hours are between 9am to 5pm weekdays.
Cancellation
Digital Exposure reserves the right to cancel the account at
any time. If your account has been terminated for breaching our
terms and conditions, no refunds will be given. Any proof of
misleading or giving false information to the company or its
employees, including, extortion, harassment, abuse or other unlawful
activities will lead to automatic cancellation of your account
without refund. This can be email, live chat, telephone or in
any form where staff are threatened or abused.
You can cancel your hosting at any time. Cancellation requests
received after the package renewal date will be processed, however
you will not receive a refund for the current billing cycle.
No refunds or credit will be given if you cancel your account
or downgrade to a lower package.
Domain names, SSL certificates, Site Studio and account add-ons
are non-refundable.
Resource Usage
Users may not initiate the following:
1. Use 25% or more of system resources for longer then 90 seconds.
There are numerous activities that could cause such problems;
these include: CGI scripts, scripts, FTP, PHP, HTTP, etc.
2. Run any type of interactive real-time chat applications that
require server resources. Remotely-hosted services are fully
allowed.
3. Run stand-alone, unattended server-side processes at any point
in time on the server. This includes any and all daemons, such
as IRCD.
4. Run any software that interfaces with an IRC (Internet Relay
Chat) network.
5. Run any gaming servers such as counter-strike, half-life,
battlefield1492, etc
Bandwidth Usage / Disk Space
It is your responsibility to upgrade your account and monitor
your usage. You are allocated a monthly bandwidth allowance.
This allowance varies depending on the hosting package you purchase.
Should your account pass the allocated amount you will be required
to upgrade to the next level plan of bandwidth usage and/or disk
space.
Our system will automatically suspend your account if you exceed
all of your allocated resources. We reserve the right to suspend
the account until the start of the next allocation or until you
upgrade to a higher level of package, terminate the account and/or
charge you an additional fee for the overages.
Unused transfer in one month cannot be carried over to the next
month.
Price Change
We reserve the right to change prices listed on Digital Exposure's
website, and the right to increase the amount of resources given
to plans. Customers will be notified by email before any price
changes are implemented to their account. It is your responsibility
to ensure your email address listed in our billing system is
functional and working and can accept email from us.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold
Digital Exposure harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable attorney's fees
asserted against Digital Exposure, its agents, its customers,
officers and employees, that may arise or result from any service
provided or performed or agreed to be performed or any product
sold by customer, its agents, employees or assigns. Customer
agrees to defend, indemnify and hold harmless Digital Exposure
against liabilities arising out of; (1) any injury to person
or property caused by any products sold or otherwise distributed
in connection with Digital Exposure; (2) any material supplied
by customer infringing or allegedly infringing on the proprietary
rights of a third party; (3) copyright infringement and (4) any
defective products sold to customers from Digital Exposure's
server.
Disclaimer
Digital Exposure will not be responsible for any damages your
business may suffer. Digital Exposure makes no warranties of
any kind, expressed or implied for services we provide. Digital
Exposure disclaims any warranty or merchantability or fitness
for a particular purpose. This includes loss of data resulting
from delays, no deliveries, wrong delivery, and any and all service
interruptions caused by Digital Exposure and its employees.
Changes to the Terms and Conditions
Digital Exposure reserves the right to revise its policies
from time to time. By continued use of our services, you agree
to and are bound by the updated terms and conditions that can
be accessed on our web site at any time.
