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Terms and Conditions

Terms and Conditions

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

Subscriber Responsibility

The subscriber will provide Digihost 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 Digihost hosting. Digihost hosting shall make no effort to validate this information for content, correctness or usability.

Use of Digihost 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.

Digihost 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 Digihost 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.digihost.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 €10 administration charge.

Email and Spam Policy

Use of Digihost Hosting for sending spam is prohibited. Any use of Digihost 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 Digihost Hosting is prohibited without the express re-permission of all subscribed users. Due to the nature of how e-mail operates Digihost Hosting can not guarentee the delivery of any e-mail via either the hosting cluster servers or the broadband relay server smtp.digihost.ie. Email is for convenience communications only and should not be used for mission critical or time critical purposes. Digihost 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 Digihost 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 Digihost from any claims resulting from the use of the service which damages the subscriber or any other parties.

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

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

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

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 Digihost 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 Digihost 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 Digihost or the subscriber.

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, Digihost reserve the right to claim domain names registered.

Digihost 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.

Service provided by Digihost may be cancelled in writing, giving 30 days notice, at any time with no penalty.

Digihost 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 Digihost exercises no control whatsoever over the content of the information passing through its servers and infrastructure.

Warranty

Digihost makes no warranties of any kind, whether expressed or implied, for the service it is providing. Digihost also disclaims any warranty of merchantability or fitness for a particular purpose.

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 Digihost has no obligation whatsoever to and does not insure any of the Customer's property.

Digihost will not be responsible for any damage suffered. This includes loss of data resulting from delays, nondeliveries, misdeliveries, or service interruptions caused by Digihost's negligence or the subscriber's errors or omissions. Use of any information obtained via Digihost is at your own risk. Digihost is not responsible for customer data or information. Responsibility for user data backups lies with the user. Digihost 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 Digihost Service constitutes acceptance of these Terms and Conditions.