Digidestination Ltd. Web Hosting Terms of Service (Last Rev. 20/07/2008)
Thank you for making Digidestination Ltd. (hereafter referred to as Digidestination, we, us or our) your internet infrastructure partner! This Integrated Terms of Service (TOS) is the contract between Digidestination and the individual or entity to whom we have assigned a Client ID (hereafter referred to as Client, you or your), and governs the services as described on our website (Services). This TOS includes our Acceptable Use Policy (AUP), Privacy Policy, Service Level Agreement (SLA) and Resource Abuse Policy (RAP). It is very important that you read this TOS in its entirety; by requesting a Client ID, you consent to be bound by its terms. The effective date of this TOS is the date we assign you a Client ID (Effective Date).
We will not modify this TOS arbitrarily. However, because the ways in which the internet is used, and abused, evolve over time, we reserve the right to modify it. If we do, we will provide you with written notice sent to the email address you have provided us, and post the notification on our home page. Unless a modification is necessary to respond to an emergency, we will give you thirty days prior notice of any modification. If a reasonable business person would believe that our modification materially alters the benefit of the bargain set out in this TOS, you may terminate this TOS prior to the expiration of the thirty day notice period. After that time, you will have been deemed to have accepted the changes.
It is Client’s obligation to ensure that the Services are used in compliance with these policies. Client is encouraged to include policies no less restrictive than our AUP, Privacy Policy, and RAP in its contracts with its customers, or those who use the Services provided by us through you (collectively “End Users”).
1. The Services
1.1. The following provisions apply to all Services:
1.1.1. Descriptions of the features, characteristics and limitations of the products and services we offer are set out on our website. We agree to provide the Services to you, as they are described on our website, as of the Effective Date, during the Term. Should these characteristics change after the Effective Date, we are not obligated to modify your Services to reflect these changes. If we do so, and you agree to purchase them, the Fee may change. We may make changes to these Services if a supplier makes components unavailable, cost prohibitive, if a beta period ends, or at any time effective on the end of the term of a particular Service.
1.1.2. We provide tree ways for you to purchase our Services: (i) through our website; or (ii) by opening a ticket to purchase additional Services (Ordering Process) or (iii) by purchasing through custom proposal within website or online marketing proposal. When you place an order for the Services using either of these methods, you agree to purchase the Services selected by you during the Term.
1.1.3. We may decline to accept a request for Service if we determine that we require the facilities for other needs. Should operational needs require us to restrict or allocate Services among customers because of a shortage of facilities or causes beyond our control, we may do so without breaching this TOS.
1.1.4. Unless expressly set out during the Ordering Process, the Services may be provided from any of our facilities. You will have no ownership right in the facilities, or in components of the Services. You will only have the right to use the Services.
1.1.5. The individual or entity set out in our records is the only entity authorized to access the Services. It is your responsibility to secure passwords and other access methods used to access the Services. If you administer an account on behalf of another party, you warrant that you will administer that account in good faith, and indemnify us against all losses and liabilities incurred by us should you administer the account in ways that are adverse to your customer and which result in a claim against us.
1.1.6. If you resell the Service, or incorporate the Service into your own services, you are responsible for determining whether the Service will be appropriate for your customers (End Users) and for ensuring that they do not engage in any activity which would cause you to breach this TOS. Your End Users are not a third party beneficiary to this TOS, and you agree to indemnify us for any claims made against us by your End Users of any nature. Unless expressly set out during the Ordering Process, we have no obligation to provide support to End Users. If we cease providing the Service to you, for any reason, you are solely responsible for securing replacement services for your End Users.
1.1.7. We agree to use commercially reasonable efforts to provide Client with the Services according and subject to the terms of this TOS and all agreements incorporated by reference.
1.1.8. You must provide Digidestination with all information, access, and full good faith cooperation, including, if required, with your third party vendors, reasonably necessary to enable Digidestination to deliver the Services. We will rely on the information you provide to us. It is your obligation to keep this information up-to-date. We have no liability if communications are delayed, or not delivered, because of your failure to keep this information up-to-date. You agree that we may provide you with information that may negatively affect you by email. Please ensure that the email address you provide to us is configured in a way so that information from us is not rejected or marked as SPAM.
1.1.9. All software, hardware and some systems have a defined support lifetime (End of Life). Client may only use software, hardware and systems that are currently supported by their owners, including those that may have initially been provided by Digidestination in conjunction with the Services (for example, an operating system on a purchased server). When these items reach their End of Life, it is your responsibility to upgrade to a supported version. Digidestination has no responsibility to support End of Life items.
1.1.10. We will provide, at no cost to you, one primary IP address by default, which will be subject to change at any time. Digidestination shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by us and we reserve, in our sole discretion, the right to change or remove any and all such IP numbers and addresses; provided, however, that (i) we will provide you with at least thirty days prior written notice of any such change or removal; and (ii) you agree to provide Digidestination with all reasonably requested assistance to effect any such change or removal. Digidestination is required by ARIN (American Registry for Internet Numbers) to document on a “whois” server which entity is using the IP space. If you are assigned a static IP address, you consent to Digidestination’s inclusion of your name, company name if a business, postal address, e-mail address, IP address, and telephone number in such “whois” server.
1.1.11. It is your obligation to back up your data. If the Services include backup services, these are provided as a supplement to your own backup efforts. Because no backup method is failsafe, we make no warranties regarding the thoroughness of our backup solution. If your data is restored from backup, it will be restored in the manner it is stored by us. This may not include formatting and other elements necessary to make the restored data available on the internet, or in the form originally transmitted to us. We are not obligated to restore the data in that format.