Digitec ICT Limited Hosting – Acceptable Use Policy (AUP)
This Acceptable Use Policy (the “Agreement”) sets forth the terms and conditions of Your Use of hosting and related services (“Services”). In this Agreement “You” and “Your” refer to You, as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “us” and “our” refer to Digitec ICT Limited, as well as its subsidiaries and sister companies (“Digitec”). This Agreement explains Our obligations to You, and explains Your obligations to Us for various services offered by Digitec. When You Use Your account or permit someone else to Use it to purchase or otherwise acquire access to additional Digitec service(s) or products or to cancel Your Digitec service(s) (even if We were not notified of such authorization), this Agreement covers such service or actions. Digitec’s Terms of Service agreement (“TOS”) is incorporated herein by reference and is applicable to all Services offered by Digitec under this Accepted Use Policy.
- Sharing of Information
- User Obligations
You represent and warrant to Digitec that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your servers account. You also represent and warrant that the server content being hosted by Digitec shall not be used in connection with any illegal activity.
You expressly (i) grant to Digitec a license to cache the entirety of the content that is submitted, stored, distributed or disseminated by you via the Services and your website, including content supplied by third parties, hosted by Digitec under this agreement; and (ii) agree that such caching is not an infringement on any of your intellectual property rights or any third party’s intellectual property rights.
- Network Interruptions
Digitec will use its best efforts to maintain a full time Internet/hosting presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Digitec be liable to You for any damages resulting from or related to any failure or delay of Digitec in providing access to the Internet under this Agreement. In no event shall Digitec be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Digitec under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive the termination of this Agreement.
This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Digitec account may not be transferred without prior written approval from Digitec.
- IP Address
Digitec assigns to You an Internet Protocol (“IP”) address in connection with Your use of the Digitec services. The right to use that IP address will remain with and belong only to Digitec, and You will have no right to use that IP address except as allowed by Digitec in its sole and absolute discretion.
- Payment Terms
- Digitec may temporarily deny service or terminate this Agreement upon Your failure to pay charges when they become due. Such termination or denial will not relieve You of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
- If Your account becomes overdue, the account will be suspended. And it won’t be reactivated until the outstanding balance is paid in full. If outstanding balance is not paid by You within 30 days after Your hosting account’s billing date for shared hosting accounts and within 7 days for VPS and dedicated servers, Digitec reserves the right to terminate Your services for non-payment.
- If an account is found to be in violation of the Terms of Service it will be terminated immediately and all payments forfeited.
- For closed accounts there is a K300.00 per incident charge for all inquiries regarding previous services and or support.
- Backups of new/changed data are made daily for shared, replicated and hosted servers. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is Your responsibility to maintain local copies of the data, content and information. A “Backup/Restore” feature is included with each hosting plan and You may use this tool to back up Your files. If loss of data occurs due to an error of Digitec, We will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, Digitec will attempt to recover the data from the most recent archive on billable basis.
- Prohibited Activities
By using any Services, provided by Digitec You agree:
- not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
- not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
- not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
- not to make, attempt or allow any unauthorized access to Digitec website, servers, your own hosting account or the account of any other customers of Digitec.
- not to allow any remote code execution of malicious software through the hosting account provided by Digitec.
- not to cause denial of service attacks, port scans or other endangering and invasive procedures against Digitec servers and facilities or the servers and facilities of other network hosts or Internet users.
- not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
- not to use Digitec services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
- not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
- not to engage in or to instigate actions that cause harm to Digitec or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. Digitec reserves the right to refuse service to anyone upon Our discretion. Any material that in Digitec judgment, is either obscene or threatening is strictly prohibited and will be removed from Digitec servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Digitec will take corrective action upon our own discretion and will notify You. Digitec decision in such case is binding and final, and cannot be a subject of a further change. Digitec cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Digitec or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. Digitec will not be liable for any loss or damages in such cases.
- not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.
At its discretion, Digitec can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.
- Email and Anti-spam Policy.
You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to Digitec. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. Digitec prohibits the following activities listed without limitation hereunder:
- Usage of the Digitec network and systems to receive replies to unsolicited mass e-mail messages.
- Forgery of e-mail headers (i.e.”spoofing”).
- Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
- Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
- Hosting web pages advertised via “spam e-mail” sent from another network (“spamvertising”).
- Hosting any web pages or providing any services that support spam.
- Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
- Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.
- If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, we reserve the right to assess a K3000 charge upon your account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity, we may assess the fee entirely at our discretion. The fee will be charged to your account, in accordance with the payment information submitted by you as part of your acquisition of our services. You further agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists. We take all SPAM issues extremely seriously and will take redress such activity whenever we deem necessary.
You agree to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or postings (spam), or to use Digitec Hosting Servers for relaying unsolicited e-mail or postings, or to use unsolicited e-mail or postings to advertise for their site hosted at Digitec. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.
You agree to not engage in activities pertaining to Black Hat SEO, Spamdexing, and so-called “Scraper sites.” These can all have a severely detrimental effect on server performance and are not permitted. Any conduct that is likely to result in retaliation against Digitec’s network or website, or Digitec’s employees, officers or other agents, including engaging in behaviour that results in any server being the target of a denial of service attack (DoS). Digitec absolutely prohibits the use of dedicated services or network services for the origination or control of denial of service attacks or distributed denial of service attacks. Any relation to DOS or DDOS type activity is a direct violation of Digitec’s AUP
The sending or receiving of mass unsolicited email (SPAM) is a direct violation of Digitec’s AUP. This includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services. Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability.
Under its sole discretion, Digitec reserves the right to determine any kind of unfair or inappropriate usage of any content which may result in immediate account suspension or upgrade to a package with higher resource availability. The decision to upgrade shall rest solely with Digitec and shall be made in its reasonable discretion.
Backup Limitations. Any shared hosting account that uses more than 20GB of disk space or contains more than 200,000 inodes will be removed from our weekly system backup. Any user whose hosting account is using more than 20GB of disk space or contains more than 200,000 inodes is solely responsible for maintaining the copy of their account.
Backups are stored for 28 days. Once this period is over, backup will be removed from the server and no copy will exist. Additionally, when using backup rotation option, you are allowed to set 6 copies maximum per each script you have installed. The seventh copy of your site will replace the earliest backup file, the first one, generated for the hosting or website installation.
Use of Email Services. You should use email and other related services in full compliance with the terms below:
In order to safeguard overall server performance, You may send and/or forward not more than the following number of emails, per hour per domain:
- For Shared Hosting accounts, email storage shall not exceed the 5 GB limit.
- For IMAP/POP3 mailboxes, You may perform up to 100 email checks per hour.
- For POP3, You may perform up to 10 concurrent connections to email system per IP address on Shared and Reseller servers, and up to 10 concurrent connections to email system per IP address on Business and Email servers.
- For IMAP, You may perform up to 10 concurrent connections to email system per IP address on Shared, Reseller, Business and Email servers.
- For SMTP, You may perform up to 100 concurrent connections to email system on Shared, Reseller, Business and Email servers. This limit applies to the whole server.
Digitec may, at its sole discretion, limit the volume of email messages You can deliver through our services. Digitec may limit email volume by queuing Your email messages internally, or by temporarily rejecting requests to send email through our services. Digitec may block any message You attempt to submit using our services, for any reason whatsoever, with or without notifying You of such blocking. Under no circumstances will Digitec be liable to You or any other party for any indirect, special, economic or consequential damages (including without limitation lost profits) arising out of email blocking or queuing.
IPv4 Address Usage Policy. Due to the exhaustion of the IPv4 address space we actively conserve IP address space by limiting the IP addresses each web hosting account can use.
Shared hosting accounts may each use only 1 IP address.
Reseller hosting accounts may use up to 2 IP addresses. The number of IPs that are included and the account may use up to are indicated in the plan specification.
The IP address limit is a per account, not a per customer basis. Customers may hold multiple accounts to get access to additional IP addresses. We strongly urge customers to only use IP addresses for essential use and we do require justification for usage.
- VPS Hosted Servers or Accounts
- Your account monthly traffic is limited in accordance with the VPS Type. Additional Traffic can be ordered at K300.00 per 100 GB rate. The additional bandwidth is paid and applied on a monthly basis. The fee is non-refundable. If the monthly traffic limit is reached before the end of the month Your account will be suspended until the beginning of the next month.
- Your account disc space is limited in accordance with the VPS Type. Up to 20 GB from the disc space is allocated to the VPS system files and this space cannot be used for storing Your content.
- The initial and renewal fees for each VPS include the number of IPs in accordance with VPS type. Additional IPs can be added to a VPS. In such a case Digitec will charge the appropriate fee for the dedicated IP. The fee is applied and should be paid on a per month basis. The fee is non-refundable.
- You can order Additional RAM as extra features to Your VPS account(s). Digitec will charge the appropriate fee for the additional RAM, depending on the amount of RAM ordered. The fee is applied and paid on a monthly basis. The fee is non-refundable. Renewal fee is due for the Additional RAM each month after the initial order, until the upgrade or the VPS account itself is cancelled. You are solely responsible to make the renewal payments in a timely manner. In case no renewal payment is received, Digitec will remove the additional RAM or will suspend the whole VPS account until receiving additional RAM renewal payment.
- Storage and Security
At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Digitec servers; and (iv) ensure the confidentiality of Your password. Digitec services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and Digitec shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by Digitec are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Digitec shall have no liability to You or any other person for Your use of Digitec products and/or services in violation of these terms.
- Transfer of Content
In the event You terminate this Agreement or Your use of Digitec products and/or services, then moving Your server content off of the Digitec servers is Your responsibility. Digitec will not transfer or FTP Your server content to another provider. In the event Your use of Digitec products and/or services is terminated, Digitec will not transfer or manage Your services or Your content.
- Third-Party Software
Digitec provides some third-party software to You for easier account management including, but is not limited to cPanel, Zimbra, MailScan, Veeam, SRM, Carbonite etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. Digitec does not take responsibility for any faults in such software functioning.
You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Digitec. Your use of any third party software is at Your own risk. Digitec cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Digitec will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products.
You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.
- Reservation of Rights
Digitec explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by Digitec; (ii) establish limits and guidelines concerning the use of Digitec services and/or products; (iii) terminate Your use of Digitec services and/or products for use of Digitec services and/or products to unnecessarily or illegally harass Digitec or third parties, non-payment of fees for Digitec services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the Papua New Guinea and/or foreign territories in which You conduct business, activities designed to encourage unlawful behaviour by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Digitec, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Digitec determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of Digitec services and/or products if Your use of Digitec services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against Digitec or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of Digitec services and/or products at any time and for any reason if deemed reasonably necessary by Digitec. Digitec has no obligation to monitor Your use of Digitec services and/or products, but reserves the right in its sole discretion to do so. Digitec has the right to refuse services to anyone at Our discretion.
- Limitation of Liability, Waiver and Release
The services offered by Digitec are being provided on an “AS IS” basis and Digitec expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, and non-infringement, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Digitec expressly does not warrant that Digitec services and/or products will meet Your requirements, function as intended, or that the use of the provided Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Digitec shall create any warranty not expressly made herein. You agree that Digitec will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of Digitec; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.
Information obtained by you from the internet may be inaccurate, offensive or in some cases illegal. Digitec has no control over information contained on the Internet and accepts no responsibility for any information that you may receive or transmit via the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Services of obtain from the Internet. You agree that Digitec has no obligation to back-up any data related to your hosted services, emails and website unless Digitec expressly agrees otherwise in writing or has expressly stated so on the website.
Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Digitec and all affiliates of Digitec, and all officers, agents, employees, and representatives of Digitec, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of the Digitec products and/or services by Digitec and its agents and employees. Further, You agree to defend, indemnify and hold harmless Digitec and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by Digitec’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to Digitec including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for you or by you via the Services; (vi) any information, material, or services available on your licensed Digitec website; or (vii), any negligence or wilful misconduct by You, or any allegation that Your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets.
This indemnification is in addition to any indemnification required of You elsewhere. Should Digitec be notified of a pending law suit, or receive notice of the filing of a law suit, Digitec may seek a written confirmation from You concerning Your obligation to defend, indemnify Digitec. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Digitec shall have the right to participate in the defence of any such claim through counsel of its own choosing. You agree to notify Digitec of any such claim promptly in writing and to allow Digitec to control the proceedings. You agree to cooperate fully with Digitec during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.
- Trademark or Copyright Claims
Digitec is a service provider and respects the copyrights and other intellectual property rights of others [and herein incorporates its Copyright Infringement Policy]. To the extent Digitec receives a proper notice of infringement of copyright, trademark or other intellectual property, Digitec reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if Digitec believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.
Digitec expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. Digitec also reserve the right to terminate an account or subscriber for even one instance of infringement. Proper notice of infringement shall include the following information in writing to Digitec’s designated agent:
- the electronic or physical signature of the rights holder or the person authorized to act on behalf of that person;
- identification of the work that has been infringed;
- an identification of the material that is claimed to be infringing, and information reasonably sufficient to permit Digitec to locate the material (for example, by providing a URL to the material); or, if applicable, identification of the reference or link to material or activity claimed to be infringing, and information reasonably sufficient to permit Digitec to locate that reference or link;
- Your name, address, telephone number, and email address;
- a statement by You that You have a good faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; and
- a statement that the information in Your notification is accurate and a statement, made under penalty of perjury, that You are the rights holder or are authorized to act on the behalf of the rights holder.
- Notice of infringement must be sent to Digitec’s designated agent to receive notification of claimed infringement as follows: Attn: Legal Department, Digitec ICT Limited, Sec 451, Lot 7, Cameron Road, Gordons, NCD 121, Port Moresby.
- Additional Reservation of Rights
Digitec expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Digitec in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Digitec in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Digitec, its officers, directors, employees and agents, as well as Digitec’s affiliates.
In the event that Digitec need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on your accounts, and you will continue to remain responsible for the payment of any service fees that accrue during the relevant period.
- Governing Law and Jurisdiction for Disputes
Except as otherwise set forth in the AUP or any similar policy with respect to any dispute regarding the Services provided under this Agreement, Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the Papua New Guinea. You agree that any action to enforce this agreement or any matter relating to Your use of the Services must be brought exclusively in the Papua New Guinea.
You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name WHOIS information You have provided.
- Legal Age
You attest that you are of legal age (18 or over) to enter into this Agreement.
- Final Agreement
This Agreement, together with all modifications, constitute the complete and exclusive agreement between You and Us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for Digitec’s services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.
- No Agency Relationship
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
- Assignment and Resale
Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without Digitec’s prior express written consent.
- Force Majeure
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labour strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Digitec, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Digitec may immediately terminate this Agreement.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
- Illegal Activities
You may only use Digitec Hosting Services for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright or an appropriate license) on Digitec Hosting Server. Also, using Digitec’s servers or network to conspire to commit or support the commission of illegal activities is forbidden as well.
Any use of dedicated services in a manner which is defined or deemed to be statutorily illegal is a direct violation of Digitec’s AUP. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, “ponzi schemes”, invasion of privacy, credit card fraud, racketeering, and other common illegal activities.
- Hacking: Websites dedicated to the discussion of hacking activities or the distribution of hacking tools are prohibited. Also, the usage of Digitec’s computer systems or network to access any system, service, or network without the owner’s consent is expressly forbidden.
- Anonymous Proxies: Anonymous proxies are easily abused and often cause a negative impact on both the servers and the network they are connected to. As such, they’re prohibited on Digitec’s network and servers.
- Personal Information Harvesting: Collecting or using email addresses, screen names or other personal identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting).
- Blacklisting: You agree that if the Digitec IP numbers assigned to your account are listed on an abuse database or blacklist like Spamhaus, you will be in violation of this AUP, and Digitec may take reasonable action to protect its IP numbers, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions.
- Spoofing/Impersonation: Usage of the Digitec network to impersonate another person or entity, be it through Email, Internet Forums, or any other means, is strictly prohibited. This includes spoofing email or network packet headers whether or not it is done for malicious purposes.
- Personal Backups: With the exception of Digitec Dedicated Server and Cloud Storage products, You agree to make use of Digitec Hosting services primarily for the purpose of hosting website, and associated email functions. Data uploaded must be primarily for this purpose. Digitec Web Hosting services are not intended to be used for data backup or archiving purposes. Forwarding all emails from another fully-hosted email address for archival purposes is no longer allowed. Further, Email accounts cannot be used for file storage, such as for security cameras, storage of emails used to transfer files, etc. We reserve the right to deleteyour archives if they get out of hand! We also reserve the right to negotiate additional charges with You or the discontinuation of the backups at their discretion. If you exceed allocated transfer bandwidth for a month.
- Abusive Scripts: Any script/process that adversely affects the ability of any other customer to satisfactorily use their provided services is forbidden. This includes, but is not limited to, CPU-intensive scripts and websites for which the scale of traffic has exceeded the acceptable limits of a shared hosting environment.
- BitTorrent Software: While we recognize the value in the BitTorrent protocol as a distribution method, it is far too easily (and often accidentally) abused/misused and therefore not allowed on Digitec Internet and Shared Hosting services.
- Proxy Software: All proxy software, anonymous or otherwise, is forbidden on Digitec Shared Hosting services.
- Network Daemons: Any process that opens a network socket to accept connections from external networks is forbidden. Processes are allowed to bind to the local host only, but are held to the limitations placed on all other processes. They must not use up more than their fair share of resources and they must not interfere with any other customers’ activities.
- Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services is a direct violation of Digitec’s AUP. Digitec strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretence. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.
- Threats & Harassment: The Digitec network can be utilized for any type of individual, organizational or business use. This does not include threats to or harassment of individuals, organizations or businesses. Digitec seeks to serve only as the medium of exchange for information and refrains from decisions on freedom of speech.
- Fraudulent Activities: Digitec prohibits utilizing dedicated services or network services for fraudulent activities. Participation in fraudulent activities is in direct violation of state and federal law and Digitec’s AUP.
- Distribution of Malware: Digitec prohibits the storage, distribution, fabrication, or use of malware, including without limitation, virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity. Programs used in the normal ordinary course of business are deemed acceptable. Example: Security Company hosting at Digitec analyses the latest root kit for new security analysis/software.
Methods of Resolution for Violations of Digitec’s Acceptable Use Policy
Digitec understands the challenges of hosting companies, resellers, businesses, organizations and other customers who may have third party violations occur due to the nature of their business. The goal of our Methods of Resolution is to mitigate service interruptions while resolving potential violations under this AUP. Our sales, support and abuse staffs are dedicated to working with the Customer in resolving potential violations, and are available via ticket. The Methods of Resolution below form the framework for resolving all potential violations. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, or other related factors. Overall, Digitec is dedicated to working with the Customer in resolving all potential violations prior to any service interruptions.
- First Alleged Violation of AUP: a ticket will be generated under the Customer’s master user with information related to the potential violation of the AUP.
- Acknowledgement of violation of AUP: the ticket will include any related facts or information needed to resolve the violation.
- Violation of AUP disregarded, not properly addressed, continued violation or repeated violation: Digitec will turn off your services. The Customer will be required to contact Digitec to resolve the issue.
- Failure to address violation or resolve violation: If Customer fails to address the violation and fails to resolve the violation, a termination of services shall occur upon the next billing renewal date. The services will remain suspended and unavailable to the Customer.
Disclosure of Customer Information: Occasionally, Digitec is required by law to submit Customer information to others, including law enforcement officials, when presented with a valid subpoena or order from a court or governmental entity with proper jurisdiction and authority. Information requested is disclosed only as directed pursuant to the subpoena or order. Digitec utilizes great care in keeping Customer information safe and private and will only release information described in the subpoena or order. Digitec will notify Customer of the information request as, and if, allowed by the subpoena or order.
Reporting Violation of the Acceptable Use Policy
Digitec accepts reports of alleged violations of this AUP via email sent to firstname.lastname@example.org Reports of alleged violations must be verified and must include the name and contact information of the complaining party, and the IP address or website allegedly in violation, and description of the violation. Digitec owes no duty to third parties reporting alleged violations due to lack of privacy in contract law. Digitec will review all verified third party reports and will take appropriate actions as described within Methods of Resolution as set forth above below or within its sole discretion.
Digitec retains the right, at its sole discretion, to refuse new service to any individual, group, or business. Digitec also retains the right to discontinue any service by giving you 90 days’ notice.