(1) Channels of Support
We offer a variety of channels through which you can reach us for support to help you utilize the Service. Currently, we have customer service agents available to assist you 24 hours a day, 7 days a week, 365 days a year. We may be reached through the following channels ("Channels of Support"): telephone, online chat, Support Request and Twitter or Facebook. Response times may vary. Not all Channels of Support are available at all times. All inquiries are handled in the order in which they were received. Dedigeeks does not guarantee the availability or accessibility of all of the Channels of Support. We reserve the right, in our sole discretion, to change, replace or entirely cease offering support through any one or all of the Channels of Support, at any time, for any reason or no reason, and without prior notice.
Dedigeeks takes account security very seriously. This is why Dedigeeks cannot provide account-specific information or assistance to any persons other than the verified Account Owner and Account Contact(s). Account-specific information is considered any nonpublic information about the (DG) Account, which may include, but is not limited to, Account Owner name or contact information, billing or payment information, balance owed, length of service, or types of Service being used. We are unable to offer account-specific information or assistance via Twitter or Facebook. Any person other than the Account Owner or an Account Contact that contacts us seeking account-specific information or assistance will be informed that they are not listed in our records and that we cannot provide the account-specific information or assistance being sought, regardless of any purported relationship such person may claim to have with the Account Owner or an Account Contact. Notwithstanding the foregoing, even if a person represents him/herself to be the Account Owner or an Account Contact, before we will provide any account-specific information or assistance to such person, he/she will be required to validate that he/she is the person he/she is representing him/herself to be, by providing a valid Support PIN or the AccountCenter password of the person he/she is representing him/herself to be ("Authenticate"). If such person is unable to Authenticate, for whatever reason, we will be unable to provide any account-specific information or assistance. We can't make exceptions to this policy, so please don't ask. However, we are entitled to rely on the authentication information provided by individuals who contact us and successfully Authenticate into the (DG) Account.
(2) Statement of Support
(a) We'll provide the hosting environment, but it's up to you to maintain that hosting environment and the website you host in it. We're proud to have a Statement of Support that is broader than most of our competitors, but we can't help with everything. So, to be clear, Dedigeeks has no obligation, whatsoever, to provide support outside of that defined as supported, as set forth in this Agreement. Any support we provide that falls outside the scope of our support is provided completely as a courtesy, without obligation or liability. In no event should you rely upon or expect such assistance in the future. The Statement of Support provides a general overview of the scope and limitation of our support. As we add, change and remove products and services from our offerings, this list will change.
(b) As a courtesy, we maintain a forum and database ("the Community") of articles and guides that contain information that may prove useful to you. We make no guarantee, whatsoever, as to the feasibility, accurateness, completeness or helpfulness of any of the information available in the Community. Your use of any of the information in the Community is completely at your own risk. It is recommended that you backup your Content before attempting to use any of the information in the Community. In no event shall Dedigeeks be held liable to you or any other person or party for any loss incurred in connection with use of the information in the Community. If you contribute to the Community, we own that contribution.
(3) Abuse of Support
We pride ourselves on being able to provide customer support through a variety of channels, but we love our employees too and we have to be able to provide support to all of our customers. So, we maintain a zero-tolerance policy with regards to abuse of our support system. Abuse of our support system may include, but is not limited to, engaging in any threatening, abusive, offensive, defaming, harmful, profane, harassing, or unreasonably excessive communication (whether written or oral) with Dedigeeks via the Channels of Support or elsewhere in the universe. Any abuse of our support system, whether originating from the Account Owner or any Account Contact, shall constitute a breach of this Agreement and the (DG) Account will be subject to closure with immediate effect and without prior notice.
(C) ACCEPTABLE USE POLICY
(1) Restrictions on Use
(a) You agree to use the Service for lawful purposes only. The laws of the State of Victoria and Australia apply to this Agreement and your use of the Service. In the interest of maintaining a functional, high-class, professional service, we have a few other conditions for users of our Service. While some of these conditions may seem harsh, please understand that they are necessary given the ever-evolving nature of the World Wide Web. Some of our competitors may not require their customers to comply with such conditions, and if any of our existing or potential customers are unwilling or unable to comply with these conditions, we get it, and we respectfully invite them to seek service elsewhere.
(b) The following represents a partial listing of activities that are prohibited when using the Service, any one of which has the potential to result in account or service suspension or closure without prior or further notice. Without limitation and in no particular order, the Service may NOT be used to host, display, post, propagate, upload, download, transmit, transfer, disseminate, distribute, reproduce, sell, link to nor facilitate access to:
- Any Content or website that contains material that, in our judgment, is intended to promote illegal activities, is unlawful, threatening, obscene, abusive, harassing, defamatory, slanderous, libellous, hateful or that violates any section of this Agreement;
- Any Content or website that contains private or confidential information, including, but not limited to, your or any other person's or party's credit card information, social security number or other national identity number, non-public telephone number, address or email address;
- Any Content or website that, in our judgment, is child pornography, child erotica, indecently depicts children, or, that poses any harm or potential harm to any child;
- Any Content or website that contains material that, in our judgment, is pornographic, sexually explicit, obscene or violent in nature;
- Any Content or website that promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Any Content or website that is designed or used to hack or break into remote systems;
- Any Content or website that is setup to function as an open http proxy;
- Any Content or website that is designed or used to commit or facilitate any "phishing" attack;
- Any Content or website that contains any malware, including, but not limited to, software viruses, trojan horses, worms, time bombs or any other computer codes, files or programs designed to interrupt, destroy, impair or limit the functionality of any computer software, hardware, telecommunications equipment or other device or equipment;
- Unsolicited or bulk email (SPAM), including, but not limited to, using the Service's SDGP service or mail script to send out SPAM over our networks or other systems with a message referencing their website. SPAM is defined in paragraph (C)(3)(c). Our definition of SPAM is different than the CAN-SPAM Act, please read it;
- "Snowshoe spamming" (which, generally, is an abusive technique used to send SPAM from a variety of IP addresses in an effort to spread out the SPAM load);
- Any Content or website that is, in our judgment, designed to function as a farming bitcoin, bitorrenting, pirated software website or illegal or unlicensed software or 'warez' website;
- Any Content or website that is, in our judgment, designed to function as a "Tor relay" service or website;
- Any Content or website that contains URL shortener validation software;
- Any Content or website that contains or facilitate access to any material that is prohibited by Dedigeeks;
- Any Content or website that contains content that infringes on any right of any person or party, including, but not limited to a person's or party's right to privacy or intellectual property rights;
- Any Content or website that, in our judgment, is designed or used to exploit, extract or otherwise gather any content or information from any Dedigeeks database, including, but not limited to, incorporating data from any Dedigeeks database into any email or "white-pages" products or services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise;
- Any Content or website that, in our judgment, is designed or used to reverse engineer, hack into, invade or otherwise gain unauthorized access into any of our systems, communications devices or resources, or any other systems, communications devices or resources (including, but not limited to security probing activities or other attempts to evaluate the security integrity of a network or host system without permission);
- Any Content or website that, in our judgment, is designed for, used to, operated as, or for purposes of topsites; IRC scripts/bots; IRCD (irc servers); proxy scripts/anonymizers; image hosting scripts (similar to Photobucket or Tinypic); AutoSurf/PTC/PTS/PPC sites; IP scanners; bruteforce programs/scripts/applications; mail bombers/spam scripts; banner-ad services (commercial banner ad rotation); file dump/Mirror scripts (similar to rapidshare); commercial audio streaming (more than one or two streams); escrow/bank debentures or bank debenture trading programs; high-yield interest programs (HYIP) or related sites; investment sites (e.g. FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme); sale of any controlled substance without prior proof of appropriate permits; prime banks programs; lottery/gambling sites; MUDs/RPGs/PBBGs; hacker focused sites/archives/programs; fraudulent sites (including, but not limited to sites listed at aa419.org & escrow-fraud.com); push button mail scripts; broadcast or streaming of live sporting events (e.g. UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc); "tell a friend scripts"; anonymous or bulk SMS gateways; websites advertised via SPAM ("Spamvertised"); organisation, entities or websites listed in the ROKSO database; PayDay loan sites (including any site related to PayDay loans, PayDay loan affiliate programs, etc); or mailer pro.
(a) If you don't keep your password safe, you might just get hacked. Don't say we didn't warn you. Notwithstanding any of the terms of this Agreement, you are required to and solely responsible for maintaining the confidentiality and security of the passwords used to access the (DG) Account, the Service and the Peripherals. Any and all activity that occur under your username and password will be considered done by you and you bear sole responsibility for that activity. Dedigeeks shall not be liable for any loss or damage arising from or otherwise related to your failure to maintain control over access to your password or username, the (DG) Account, the Service or the Peripherals, whether due to your own negligence or for any other reason. As a rule-of-thumb, it's best that you change all of your passwords periodically and at any time you think that the (DG) Account, the Service, any of the Peripherals or any of your other usernames or passwords have become compromised.
(b) Passwords like "password1"and "love4god" are too common and are pretty easy to figure out. You are required to and solely responsible for employing industry standard best security practices, such as using secure passwords. If you use an unsecure password, the (DG) Account, the Service and/or the Peripherals are likely to be hacked or otherwise compromised, and you will be solely liable in any such case. Audits may be done to check for weak passwords. However, in no event should you rely on the performance of any possible audit by Dedigeeks. If an audit is performed, and it is determined that your password is weak, your (DG) Account may be suspended or you may be given time to update your password to a more secure password.
(c) We may be able to help you recover is your AccountCenter password. In the event that you forget your AccountCenter password, there are two methods you may use to recover it. You may either use the "Forgot your password?" link at the login page on the login page of our Website, or complete the Profile Update Form found here. If you use the "Forgot your password?" link, we will send a password reset link to the primary email address we have on file for you. Be advised, before we send the password reset link, you'll be required to provide us with the primary domain on the (DG) Account and the primary email address we have on file for you. If you do not have access to the primary email address we have on file for you, or if you do not know or remember the primary email address, domain or both, your only recourse for recovering your password will be to submit the Profile Update Form along with a copy of your valid government-issued photo identification. If your submission is incomplete, illegible or if you provide documentation that is expired or which we have reasonable suspicion to believe is a forgery, we may, in our sole discretion, reject your request, require additional documentation, or block all access to the (DG) Account or the Service.
(3) Additional Usage Restrictions
(a) Any Content that, in our judgment, is questionable or that is found to breach any section of this Agreement, or any law to which Dedigeeks is subject, to any degree, may be removed from our servers (or otherwise disabled), in our sole discretion, with or without notice and without obligation. The (DG) Account may also be suspended or closed in any such case.
(b) You agree to use the Service in a manner that does not interfere with or otherwise disrupt service to other Dedigeeks customers nor any of our systems. Dedigeeks reserves the right to suspend or close the (DG) Account, without prior notice, if, in our judgment, such interference or disruption is determined by Dedigeeks to exist. Some examples of such interference or disruption include, but are not limited to, some of the items listed in Section (C)(1)(b) and any Customer action that has caused Dedigeeks mail servers or any of our IP ranges to be placed on any "black hole" list or any other mail filtering software systems used by companies on the internet.
(c) For our purposes, simply put, SPAM includes, but is not limited to, the sending of unsolicited bulk email, often in abundance. To be clear, we don't allow spamming on any Service on our systems. To that end, please be advised that the following limits apply to the number of emails that can be sent through any (gs) Grid-Service: 50 emails per minute/500 emails per hour. An excess of these limits is a breach of this Agreement and the (DG) Account is subject to suspension or closure, without prior notice.
(d) You are not permitted to use the shared hosting as a remote storage server only.
(e) Dedigeeks does not permit excessive hosting service striping ("excessive striping"). For our purposes, excessive striping describes the condition where a customer attempts to use two or more Service, stored with duplicate Content, in order to collect an excessive allocation of overall bandwidth, disk space, GPUs, or other resources for the purpose of avoiding overage fees on a single service plan. An excessive striping condition may also be achieved by closing Service before their resource limits are reached then opening a new Service with nearly identical Content to use its bundled resources. Content and resource striping is generally permitted only on load-balancer enabled products and products which feature consolidated bandwidth billing. Any other form of content striping will be considered excessive and may result in a service suspension or closure of the (DG) Account, without prior notice.
(f) You are not permitted to knowingly allow any other website or hosting server to link to Content stored on Dedigeeks's systems. At least 75% of any Content stored on Dedigeeks's systems must have associated HTML, PHP or similar files at the Service linking to the Content stored on that Service.
(g) Dedigeeks will remain the sole owner of all IP network addresses within Dedigeeks's network. You are not permitted to modify any TCP/IP configuration that will conflict with, or otherwise disrupt network service, by using configurations not allocated to you by Dedigeeks. We will use our best efforts to maintain permanency of any allocated IP address, however Dedigeeks reserves the right to change your underlying IP network address for any reason (including, but not limited to, for upgrades, security provisioning, or other network migration service), or for no reason at all, without notice. Any request for allocation of additional IP address(es) may be subject to justification. Justification requirements are subject to change. We reserve the right to reject any request for an additional IP address(es) based on insufficient justification or current IP address utilization.
(h) If we detect repeated failed login attempts, we may, without obligation of any kind, ban network access from the source of those failed attempts, and you'll have to contact us to fix it.
(i) MySQL Resource Utilization refers to the amount of Dedigeeks MySQL Server resources for use by application and MySQL code Customer is running inside any service. The MySQL Server does not provide a facility to measure individual resource utilization in a shared resource environment. Depending on Customer utilization, Dedigeeks may, at its sole discretion, place Customer into a MySQL container.
(j) Parallels® cPanel®. Your use of cPanel requires acceptance of cPanel's End User License Agreement here, which are hereby incorporated by reference.
(1) General Billing
(a) We offer varios billing term options (each a "Billing Term"): Monthly prepaid, Quaterly prepaid, Bi-Annually prepaid and 1-year prepaid. If you opt for annual billing terms, generally, we will bill you the base fee for the Service once per year. You may request to change the billing term for a hosting Service from annual to monthly (and vice versa) by sending us a Support Request. Your request must explicitly include all the following: (i) the desired new Billing Term; (ii) the Service to be affected by the billing term change; (iii) the desired effective date of the change; and (iv) your acknowledgement that there may be a change in the renewal fees due for the hosting Service as a result of the change.
(b) If, in our judgment, your purchase constitutes a high risk transaction (e.g. exceeds a certain monthly or annual cost threshold), we will require you to provide us with a copy of your valid photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.
(c) All fees payable in advance of the applicable term, and are due immediately upon receipt. The day you purchase a Service serves as that Service's official anniversary day, and your billing date ("Billing Date"). As an example, if you purchased a Service on January 1, 2011, depending on the billing term you selected, your Billing Date would either occur on January 1st of each year or on the 1st day of each month. The Billing Date for a Service cannot be changed and will remain the same for as long as the Service is kept open. Because a Service's Billing Date is specific to that Service, it is possible for a single (DG) Account to have Service with different Billing Dates. We are unable to consolidate or modify Billing Dates for the Service.
(d) All monies are payable to Dedigeeks in Australian Dollars ("AUD") only. In our sole discretion, we may entirely reject or convert into AUD any payment we receive that is not AUD. In any event where we choose not to reject the payment, and instead to convert the payment into AUD, such payment will be converted into AUD using the exchange rate in effect at the time of the conversion used by our payment processor.
(e) Dedigeeks accepts the following methods of payment (each, a "Payment Method"): Visa, MasterCard, American Express, Bitcoin, PayPal, wire transfer, cheque and money order. The Payment Method you first specify will be set as the Payment Method for the (DG) Account until and unless you change it. You may change the Payment Method on the (DG) Account in the Account Center. We will not honor any limiting, modifying or conditional notation you make on or with your Payment Method.
(f) You are solely responsible for ensuring that the Payment Method on file for the (DG) Account is up-to-date at all times and that the (DG) Account balance is kept current. If the Payment Method for the (DG) Account is credit or debit card, Dedigeeks and/or our payment processor may store the credit or debit card in a database for future renewals. If the Payment Method for the (DG) Account is credit or debit card, we may automatically attempt to collect payment from such Payment Method without prior or further notice whenever a balance comes due on the (DG) Account.
(g) If the Payment Method for the (DG) Account is wire transfer, cheque, money order, Bitcoin or PayPal, you must manually send payment to Dedigeeks prior to any payment becoming due. Please allow at least 24 hours from the time we receive your PayPal payment for the payment to be applied to the (DG) Account. Please allow at least 5-7 business days from the time we receive your cheque or money order payment for the payment to be applied to the (DG) Account. Because of the manual nature of wire transfer, PayPal, check and money order payments, please note that you will need to send such payment well in advance of the Billing Date to avoid interruption of the Service or closure for nonpayment. If you contact us in writing and request that we remove your credit or debit card, and we so act, and then you fail to manually pay for the renewal of your Service using wire transfer, PayPal, check, money order or some other credit or debit card prior to any Billing Date, you may experience an interruption or loss of Service as a result. Dedigeeks is not liable to you or any third party as a result of any such interruption of or loss of Service.
(h) If payment is not readily available on the Payment Method on file for the (DG) Account (i.e. our attempt to collect payment from the credit or debit card is declined by the bank or financial institution), in our sole discretion, we may continue to attempt to obtain payment from your Payment Method without prior or further notice. If, during our attempts, any of the Services in the (DG) Account lapses into a past due status as a result of any inability to collect payment from your Payment Method, that entire (DG) Account may be suspended or closed for nonpayment. In no event shall Dedigeeks be held liable for any action we may take against you (such as suspending or closing your (DG) Account and deleting your Content) as a result of our inability to collect payment from your Payment Method. Any Communications we may send you concerning our inability to collect payment from your Payment Method are sent completely as a courtesy, without obligation of any kind. Accordingly, you are encouraged NOT to rely on such Communications, and any such reliance shall be at your own risk. We are unable to retrieve information about your bank account or the precise reason for your bank's rejection/decline of any transaction.
(i) The (DG) Account is considered past due if Dedigeeks does not receive payment within 10 days of the Billing Date of any Service. The (DG) Account may be suspended, without prior notice, if the (DG) Account remains past due beyond 10 days from the Billing Date. To reinstate the (DG) Account, full payment of any past due balance must be received by Dedigeeks. If full payment of any past due balance is not received within 10 days of any Billing Date, the (DG) Account may be closed for nonpayment without further notice.
(j) Billing statements become available on a Service's Billing Date. Billing statements are not available prior to a Service's Billing Date. There are 3 ways to retrieve the (DG) Account's billing statements: (i) in the Account Centre, (ii) via email or (iii) via postal mail. Dedigeeks may email a copy of the billing statement to at least the Account Owner. To disable or re-enable email delivery of your billing statements, simply login to the AccountCenter and navigate to the Balance and Statements page. To request that we deliver your billing statement via postal mail, please send us a Support Request.
(k) In the event a billing dispute arises, either brought by you or by Dedigeeks, the dispute must be given in writing to the other party within 30 days of the disputed transaction occurring.
(l) Should we receive a request to remove a Payment Method from the (DG) Account, from a person or party who is not the Account Owner or an Account Contact, upon receiving sufficient documentation confirming that the person making the request is the cardholder, we may, with immediate effect and without prior notice, remove the Payment Method and refund some or all unauthorized charges collected from the Payment Method on behalf of the (DG) Account. Refunds issued in connection with such a request will result in the (DG) Account immediately becoming past due (as any refunded amounts will trigger reassessment of the original charges). To avoid an interruption of the Service, you must remit payment of the past due balance and any related fees within 72 hours of our notice to you concerning the matter. If you don't, the (DG) Account will be suspended or closed for nonpayment.
UNLESS OTHERWISE NOTED, DEDIGEEKS SERVICES AUTOMATICALLY RENEW THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD, EXCEPT FOR DOMAIN NAMES WHICH WILL RENEW FOR THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, FOR PRODUCTS OTHER THAN DOMAINS, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE. THE ONLY WAY TO DISABLE THIS AUTO-RENEWAL IS TO CANCEL THE SERVICE IN THE ACCOUNT CENTRE.
(2) Credits and Refunds
(a) Setup fees, domain name registration and renewal fees, domain name redemption fees, handling fees, the cost of service add-ons, overage fees, fees for any of the Premium Service defined herein, and any Dedigeeks assessed penalty fees (e.g. chargeback fees, returned check fees) are completely NON-REFUNDABLE. No refund will be issued for any (DG) Account closed pursuant to Section (F)(2)(a) of this Agreement.
(b) Credit issued to the (DG) Account ("in-store credit") by Dedigeeks is not redeemable for cash and may not be transferred. Any amount of in-store credit that you do not use will remain on the (DG) Account for 2 years or until the Account is closed. The issuance of in-store credit is solely within Dedigeeks's discretion and is not available at Customer request.
(c) Dedigeeks may, in its sole discretion, issue the refund either (i) in the form of an in-store credit; (ii) via PayPal or (iii) via cheque. Dedigeeks also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the payment provider, payment processor or individual issuing bank associated with your Payment Method.
(d) If we issue a refund to your bank account, PayPal account, or debit/credit card, it could take as much as a full billing cycle for the refund to show up in your account. The issuance of cheque refunds is solely within Dedigeeks's discretion and is not available at Customer request.
(e) Discount and coupon codes are applicable only to the Service to which they are validly applied. Discount and coupon codes are valid only towards the initial purchase and shall not affect the renewal or recurring price of any Service, unless a recurring discount is specifically referenced in the coupon or promotion and only to the extent set forth in that coupon or promotion. Discounts offered after you have purchased, or agreed to purchase, the Service are not applicable. Upon any downgrade, upgrade or closure of the Service to which the discount or coupon code was applied, the discount offered in connection with said discount or coupon code is considered null and void. Discount and coupon codes have no cash value and may not be transferred or used towards later purchases, downgrades, upgrades or modifications to any Service. Discount or coupon code abuse will not be tolerated under any circumstances, and may result in the suspension of the (DG) Account, closure of the (DG) Account or retroactive adjustment of related charges. Dedigeeks reserves the right to discontinue any discount code or promotion at any time, for any reason or no reason, without notice.
(f) No credits or refunds will be issued for non-usage of the Service, cancelation of month-to-month Service after the Billing Date.
(g) A prorated credit may be issued for annually billed Service upon closure of the Service by you. That discount will be removed if the Service is closed before completion of the Term.
(h) If you cancel the (DG) Hosting services within the first 30 days of purchase (the "eligibility period"), you will receive a cash refund. This is the only cash refund (DG) offers, and it's only for these products. Accounts closed for breach of this Agreement are ineligible for refund of any fees, even if the account is closed during the eligibility period.
(a) We reserve the right to change our fees and prices at anytime, for any reason or no reason. Further, we reserve the right to increase or decrease the amount of resources given to plans at anytime, for any reason or no reason. In the event of any price, fee or allocated resource change Notice of any such change shall be considered given and effective on the date that such change is posted to this Website. You agree to the change if you continue to use the Service after the effective date of the change. We may, without obligation, also send Communications concerning the change.
(b) You agree to pay, in full, the amount of any non-recurring, one-time setup fee listed in the Service description for each service or product prior to the Service provisioning, equipment acquisition or installation by Dedigeeks. The Service description for each service or product we offer is located on this Website on the webpage for each such service or product.
(c) You agree to pay, in full, the amount of the recurring fee(s) listed in the Service description for each service or product whenever such fee(s) are due. The Service description for each service or product we offer is located on this Website on the webpage for each such service or product.
(d) A $25.00 NON-REFUNDABLE handling fee will be assessed on each wire transfer payment. This fee is in addition to, and independent of, any fees you may be assessed by your bank or financial institution for submitting the wire transfer payment to Dedigeeks.
(e) A $25.00 NON-REFUNDABLE handling fee will be assessed to the (DG) Account upon Dedigeeks's approval of any Type B account ownership transfer request. This fee is in addition to any outstanding balance or other monies owing on the (DG) Account, all of which must be paid before we will complete processing of the transfer of account ownership.
(f) Overage fees are NON-REFUNDABLE and due immediately.
(g) You agree that Dedigeeks shall not be liable, in any way, for any costs or expenses you may incur, including, but not limited to, overdraft fees and insufficient funds fees you may incur from any bank, financial institution or other third party as a result of our attempts to collect payment from your Payment Method. You agree to assume complete responsibility for any third party costs or expenses you may incur as a result of any of our billing actions.
(h) Should you submit an emergency restoration request, and we are successful in recovering some or all of the requested Content from our own backup storage, the then-applicable NON-REFUNDABLE restoration fee will be assessed and collected from your Payment Method. If we are unable to immediately collect this fee from your Payment Method, or if your Payment Method is not credit or debit card, we may withhold any recovered Content until such time as full payment of the restoration fee is received by us.
(i) The Move a Site fee, per Move a Site order, will be assessed and collected from the Payment Method on file for the (DG) Account prior to us providing the Move a Site Service. Once we have initiated processing of any Move a Site order, such order may not be cancelled and any fees paid in connection with the order are NON-REFUNDABLE.
(j) In our sole discretion, without having any obligation to do so, on a case-by-case basis, we may consider expediting the review and processing of a Work Order. Our ability to expedite Work Orders is rare and in no event should you have any expectation that we will consider or expedite any Work Order. In such rare cases that we do, we will establish and assess a NON-REFUNDABLE rush fee in connection with the Work Order. The rush fee shall be in addition to the total cost of the Work Order.
(k) All domain registration renewal fees are completely NON-REFUNDABLE. The domain registration's renewal fee is due thirty (30) days prior to the domain registration's expiration. For example, if the domain registration expires on 12/01/2013, you will be billed for and must pay the domain registration's renewal fee on 11/01/2013 to avoid losing ownership and control of the domain.
(l) If Dedigeeks is the Registration Service Provider of record for a domain name that has expired, it may be possible for us to recover the expired domain name for you, if you act within the Redemption Grace Period. A NON-REFUNDABLE fee of $120.00 will be assessed and must be paid before we will attempt to recover any expired domain name registration.
(m) Regardless of the reason why a cheque payment is returned to us void or otherwise unpaid, a $50.00 NON-REFUNDABLE return check fee will be assessed to the (DG) Account for each check payment returned to us void or otherwise unpaid. This fee is in addition to any monies owing on the (DG) Account, and any fees assessed by the bank or financial institution. This fee will not be waived, so please do not ask. Upon receipt of notice that a check payment has been returned to us void or otherwise unpaid, we will immediately, and without prior notice, re-assess the related (and now unpaid) charges and suspend the (DG) Account until full payment of the balance and return check fee is received by us. We may also collect or attempt to collect payment of the outstanding amount owed (including all associated fees) from any alternate Payment Method on file for the (DG) Account. Going forward, you must pay via certified funds - cashiers check or money order only. Make cashiers check or money orders payable to Dedigeeks, Inc. Include your name and (DG) Account number on the face of the payment.
(n) Regardless of the reason why a credit or debit or PayPal payment is retracted by a bank or financial institution, a $25.00 NON-REFUNDABLE chargeback fee will be assessed to the (DG) Account for each chargeback we receive related to any Payment Method associated with the (DG) Account. This fee is in addition to any monies owing on the (DG) Account, and any fees assessed by the bank or financial institution. This fee will not be waived, so please do not ask. Upon receipt of any chargeback, we will immediately, without prior notice, re-assess the related (and now unpaid) charges and suspend the (DG) Account and all Service until such time as you have fully complied with the instructions set forth in our notice to you regarding the chargeback. We may refuse to allow credit or debit, PayPal or automated payment from you in the future. Upon our receipt of any third chargeback, we will immediately, without prior notice, close the (DG) Account; we may also collect or attempt to collect payment of the outstanding amount owed (including all associated fees) from any alternate Payment Methods on file for the (DG) Account.
(E) NOTICES AND COMMUNICATIONS
(1) Method of Communications
You consent to receive electronic communications (email) from Dedigeeks concerning your use of the Service and concerning Dedigeeks product and service offerings ("Communications"). The Communications may be those that Dedigeeks is required to send to you by law concerning the Services ("Required Communications"). The Communications may also be those that Dedigeeks sends to you for other reasons. Dedigeeks may provide these Communications to you by sending an email to the email address you provided in connection with the (DG) Account or by posting the Communications to our Website. You also consent to receive Communications by telephone or postal mail sent to any postal address or telephone number you provided in connection with the (DG) Account, though we are not obligated to use these mediums to send Communications to you. You may change the email, postal address or telephone number Dedigeeks has on file for the (DG) Account through the Account Centre.
Dedigeeks is not responsible for and shall not be liable for any late, lost, misdirected, intercepted, unsuccessful or otherwise failed efforts to send any Communications or Required Communications to you or any other person or party.
(2) Common Courtesy
(a) To avoid interruption of the Service, and possible closure of the (DG) Account, you are required to act in accordance with the terms of any of the Communications or Required Communications we may send to you, within the time-frame specified in such communications. If we make three or more attempts to reach you concerning any matter that requires your attention or action, and we do not receive a response from you within 24 hours of any third attempt, we may suspend or close the (DG) Account without prior notice. Notwithstanding that, we may suspend or close the (DG) Account if you fail to respond to any Communications or Required Communications sent to you by our Abuse Department, within 48 hours of any such Communications.
(b) As a courtesy, we may store a copy of certain Communications and Required Communication inside the AccountCenter under the "Support Requests" area. In no event should you rely on Communications or Required Communication appearing there. You are responsible for checking Support Requests on a regular basis to ensure there are no issues that require your immediate attention or action.
(F) TERM AND TERMINATION
(1) Your Right to Close your (DG) Account
You can close your (DG) Account. As long as the (DG) Account is open, though, everything in this Agreement applies, and certain terms continue even after the (DG) Account is closed.
(a) This Agreement shall be effective as long as our records indicate the (DG) Account is open, regardless of whether or not the Service are being used by you or any other person or party. This Agreement and all Service on the (DG) Account will automatically renew and you will be charged for additional terms equal to the previous term until and unless the (DG) Account is closed by you or Dedigeeks in accordance with this Agreement. You may close the (DG) Account or any of the Service at any time by submitting a Request to Close through the Account Centre. The Account Centre is the only means through which you can submit a Request to Close the (DG) Account or a Service. For instructions on submitting a Request to Close. All fees due through the closure date are completely NON-REFUNDABLE. Terms set forth herein that govern the (DG) Account, payment of fees for the Service, resolution of any disputes between us, and other such terms that are surviving in nature, continue to apply even after you close the (DG) Account.
(b) With the exception of closure by Dedigeeks pursuant to this Agreement, the Account Owner is the only person authorized to close the (DG) Account or any of the Service associated with it. Account Contacts or other third parties are not permitted to close the (DG) Account nor any of the Service associated with it.
(c) In some cases, the earliest available close date presented to you in the Account Centre may not be soon enough for you. For example, if the earliest available close date is your next Billing Date, but you wish to close sooner than your next Billing Date, we can help you with that. If you would prefer to have your Service or (DG) Account closed sooner, you must simply choose the earliest available close date given in Account Centre and submit the Request to Close. Following your submission, you will simply need to send us a Support Request asking us to disregard your chosen close date in favor of a more desirable close date. In order to be considered valid, your Support Request must also contain your unambiguous acknowledgement that you are aware that all Content associated with any closed Service or (DG) Account will be deleted upon closure and we will not have backups of the Content. We may refuse to process any request to expedite closure that does not explicitly and unambiguously include this acknowledgement. Requests are processed in the order in which received and may take anywhere from 24-48 business hours to process.
(2) Our Right to Close your (DG) Account
(a) Dedigeeks reserves the right, in its sole discretion, to close the (DG) Account, without prior notice, for any one or all of the following: (i) if you or any of your Account Contacts, whether intentional or unintentional, breaches any section of this Agreement, any supplemental rules and guidelines, any of the terms and conditions of the respective service providers, or any rights of Dedigeeks; (ii) if we receive notice that you or your company will be or is subject to insolvency proceedings; (iii) upon our receipt of any third party chargeback associated with any Payment Method tendered as payment on the (DG) Account; (iv) if we do not receive a written response from you within 48 hours of any notice sent to you by our Abuse Department; (v) if, in our judgment, your use of the Service has the potential to pose any harm to Dedigeeks, any of our affiliates, partners, service providers or customers; (vi) if the (DG) Account becomes past due and is not paid within twenty days of becoming past due; (vii) if a hacked script or otherwise compromised website is discovered on our systems at the Service in use by you; (viii) if an unusual spike in resource usage is detected by our systems resulting in an account far outstripping the allotted resources; (ix) if you fail to cure any suspension of the (DG) Account or any individual Service, to our satisfaction, and within the time frame we specify; or (x) if, in our judgment, we have received too many complaints about your Content. In the event of any such closure of the (DG) Account, you will not be eligible for a refund of any fees and you may be prohibited from reopening the (DG) Account, opening a new (DG) Account or accessing any existing (DG) Account. In other words, pay us on time and don't be stupid or do anything that breaches or otherwise violates any section of this Agreement, and we shouldn't have to close the (DG) Account. You agree that Dedigeeks shall not be liable, in any way, for any closure pursuant to this section of this Agreement.
(3) Effects of Closure and Suspension
(a) Upon any closure of the (DG) Account: (i) this Agreement and all rights granted under this Agreement shall cease immediately (except those expressly surviving or which by their nature would survive); (ii) all access to the Service and (DG) Account will cease immediately; (iii) you will be billed for, and we may automatically attempt to collect from your Payment Method, any outstanding amount owed; and (iv) all Content will be deleted from our servers and backup systems and we may not have or keep backup of the Content. We recommend that you run very regular backups. As well, we also recommend that you ensure you have retrieved all Content and made all necessary backups before submitting any Request to Close the (DG) Account or any of the Service. You agree to hold Dedigeeks harmless from and against any and all claims, losses or damages arising from any closure of the (DG) Account. Any and all sections in this Agreement which impose obligations continuing in their nature shall survive closure or otherwise continue to remain in full force and effect even after account closure. You are not permitted to access the (DG) Account or any of the Service formerly associated with the (DG) Account following any closure.
(b) Upon any closure of an individual service: (i) all access to the Service shall cease immediately; (ii) you will be billed for, and we may automatically attempt to collect from your Payment Method, any outstanding amount owed for the service; and (iii) all Content will be deleted from our servers and backup systems and we may not have or keep backup of the Content. We recommend that you run very regular backups. As well, we also recommend that you ensure you have retrieved all Content and made all necessary backups before submitting any Request to Close a service. You agree to hold Dedigeeks harmless from and against any and all claims, losses or damages arising from any closure of any service. Any and all sections in this Agreement which impose obligations continuing in their nature shall survive closure or otherwise continue to remain in full force and effect even after termination of this Agreement. You are not permitted to access any closed service following any closure of the service.
(c) Upon any suspension of the (DG) Account, all Service associated with the (DG) Account will be suspended or otherwise made inaccessible until and unless all issues are addressed and resolved by you, to our satisfaction, and within the time frame we specify. During any suspension of the (DG) Account or any individual Service, you will not be permitted to: (i) add, upgrade, downgrade or modify any of the Service; (ii) request an emergency restoration; (iii) transfer any Service, including but not limited to domain name registrations; (iv) access any of the websites, email accounts or Content associated with the suspended Service or account. You agree to hold Dedigeeks harmless from and against any and all claims, losses or damages arising from any suspension of the (DG) Account or the individual Service.
(4) Reopening a Service or Account
(a) Unfortunately, once closed, most of the Service may not be reopened; you will need to place a new order and have new Service provisioned. The only service that may be reopened is an unexpired domain name registration, if the (DG) Account is open and in good standing. To reopen an unexpired domain name registration, simply send us a Support Request asking us to reopen the domain name registration.
(b) The Account Owner is the only person authorized to re-open the (DG) Account. To reopen the (DG) Account, the Account Owner must contact our Billing Department and Authenticate. Any unpaid or otherwise outstanding balance must be paid before we will complete any re-opening. Re-opening an account does not mean that we are willing or able to restore your Content.
(G) DOMAIN NAME REGISTRATION SERVICE
(1) General Information
(a) You may register through our Website any available .com, .au, .gov, .gov.au, .org, .net, .info, .biz, .co or .me domain name ("Accepted TLDs"). Dedigeeks is able to accept transfers for Accepted TLDs only. Any other TLDs ("Non-Accepted TLDs") are not permissible. You may host upon our systems any Accepted TLDs you own or maintain control of. Dedigeeks does not represent or warrant that it has the certifications or authorizations necessary to host Non-Accepted TLDs.
(b) You are responsible for carefully reviewing your order for any domain name before submitting the order on our Website. Once your order for the domain name is submitted, the order is NON-REFUNDABLE. Renewal fees are also NON-REFUNDABLE. New customers may receive a discounted rate for their first domain name registration when activating new Service. If the newly activated Service is later closed (for whatever reason), and you wish to retain the domain name registration only, you will be required to pay the full recurring price for that individual domain name registration.
(c) We offer domain name renewals through our service provider of choice. Should you require information on this you can submit a support ticket with the request of information.
(d) The Uniform Domain-Name Dispute-Resolution Policy ("UDRP") rules govern all domain name disputes. When you register or transfer a domain name into our systems, you agree to be bound by the terms of the Uniform Domain Name Dispute Resolution Policy (UDRP), which may be viewed here. It is our policy to adhere to any rule issued by ICANN. If we receive notice that a UDRP, World Intellectual Property Organisation (WIPO) or US state or federal complaint has been filed against you in reference to your use of the domain name, you may not be permitted to make changes to the domain's Registration Record until we are ordered to permit you to do so, or otherwise receive confirmation that the dispute has been resolved. You acknowledge that if your use of the domain name is challenged by a third party, you will submit, without prejudice, to any rule or order issued by ICANN or any administrative body, such as WIPO.
(e) If we receive a request from a person or party ("the requesting party") claiming to be Registrant of a domain name associated with the (DG) Account, and if said person seeks to remove or otherwise disassociate the domain name registration or DNS zone file from the (DG) Account, upon receiving what we consider to be sufficient proof that the requesting party is the domain name's Registrant, we will, with immediate effect and without prior notice, remove or otherwise disassociate the domain name registration and/or DNS zone file from the (DG) Account. We will promptly provide notice to you following any such action.
(2) Domain Transfers
(a) When you initiate the transfer of any domain name to Dedigeeks, you represent and warrant that you are listed as the Registrant or Administrative contact for the domain name in the WhoIs database. For instructions on transferring a domain name to Dedigeeks, please click here. You will be required to pay Dedigeeks the first year's registration fee upon initiating the domain name transfer to Dedigeeks. Domain name transfers to Dedigeeks generally take five business days to complete, unless the request is denied by your current registrar. It is your responsibility to timely address any issue that may arise concerning the transfer of any domain name to Dedigeeks to complete the transfer. Once a domain name transfer to Dedigeeks is complete, and Dedigeeks becomes the new Registration Service Provider of record for the domain name, you will not be able to transfer the domain name to another registrar for at least sixty days, unless in accordance with a decision or rule issued to Dedigeeks by ICANN, the governing body for domain names. By transferring or attempting to transfer any domain name into Dedigeeks systems, you are reaffirming your unconditional acceptance of all of the terms of this Agreement.
(b) For instructions on transferring a domain name from Dedigeeks, please click here. The time frame for completing domain name transfers away from Dedigeeks to another registrar vary depending on a variety of factors. It is your responsibility to timely address any issue that may arise concerning the transfer of any domain name from Dedigeeks to complete the transfer. We reserve the right to deny outright any request to transfer a domain name from Dedigeeks received while the (DG) Account is past due or otherwise not in good standing.
(3) Domain Registration Management
(a) When you register a domain name through our Website or transfer a domain name into our systems, by default, domain privacy will be disabled/off and the Account Owner's Registration Data may be used to populate the Registrant, Administrative, Technical and Billing contact fields (the "Registration Record") for the domain name. The default information we use for the Registration Record may not necessarily reflect the desired information and it is your sole responsibility to update the Registration Record whenever necessary. Your willful provision of inaccurate or unreliable information, your failure to keep the domain's Registration Record up-to-date, or any failure to respond to inquiries by us addressed to the email address of the Registrant, Administrative, Billing or Technical contact shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name. If you need to verify or change the domain's Registration Record, log in to the AccountCenter and follow these steps. Dedigeeks is not responsible for lapsed registration due to outdated Registration Record data, payment failure or any other issues. Any reminder notices we may send you for domain name renewals are sent as a courtesy only. It is your responsibility to ensure your domain name registration is current. Dedigeeks is not responsible for your failure to renew a domain name or failure to remind you to renew a domain name.
(b) Domain Privacy
If you wish to privatize or otherwise keep your personal information from appearing in the Registration Record, you may do so at the time you place your order for or transfer the domain name into our systems; otherwise, you will need to login to the Account Centre to enable domain privacy later. When domain privacy is enabled, Dedigeeks will use a third party's contact information to populate the Registration Record. As with all DNS changes, changes in domain privacy must propagate. There may be a period when, even after enabling domain privacy, the previous Registration Record is still visible to the public. You must wait until the DNS completes propagation before your changes take effect. Remember, we have an obligation to provide your information should we be legally required to do so, regardless of whether or not you have enabled domain privacy.
(c) You are solely responsible for ensuring that all domain name registration fees are paid when due. If you fail to pay domain name registration fees when due, your domain name registration will expire and be suspended by Dedigeeks and you can and will lose ownership of the domain name if you do not take action to renew it. Once a domain name registration has expired, the domain name (including, but not limited to the website, email and other services associated with the domain name) will be completely inaccessible until and unless renewed or re-registered. Generally, when a domain name registration expires, it goes into a post-expiration grace period commonly known as a "Redemption Grace Period." The Redemption Grace Period lasts for up to thirty days from the date of expiration, and during that time, the status of the domain name registration in the WhoIs database will likely be displayed as "Redemption Period" or "Pending Delete - Restorable." During the Redemption Grace Period only, it is possible for the last known Registrant (as according to the Registrar or Registration Service Provider's records) to re-register the domain name. If you wish to renew an expired domain name registration that is within the Redemption Grace Period and Dedigeeks is the Registration Service Provider of record for that domain name, you must contact us during the Redemption Grace Period, pay a NON-REFUNDABLE fee and complete any other necessary requirements indicated by Dedigeeks at the time of your request to complete the renewal. Please note that, generally, it may take 7-10 business days for the domain registration to be updated once it has been redeemed. Once the Redemption Grace Period lapses, the domain name will enter a 5-day "Pending Delete" phase, and during such time, no one (including Dedigeeks) will be able to renew, re-register, redeem or otherwise gain ownership of the domain name. At that point, there is nothing we can do to help you get your domain name back. Following the "Pending Delete" phase, the domain name will be deleted at the registry and released back into the public pool of available domain names.
(d) Upon any expiration of any domain name registration for which Dedigeeks is the Registration Service Provider of record, Dedigeeks may direct the domain name to an IP address designated by Dedigeeks, which may contain a parked, coming soon or other such page ("Temporary Page") that may include advertisements, promotions, links and other content designated by a third party or Dedigeeks, including, but not limited to, content promoting the Service. 100% of all revenues generated, or other economic or noneconomic benefits received, from any such Temporary Page belong solely to Dedigeeks and a third party designated by Dedigeeks, if any. Dedigeeks reserves the right, in its sole and absolute discretion, to modify or disable the content and/or appearance of any Temporary Page at anytime, for any reason or no reason, and without notice.
(e) Any domain name for which Dedigeeks is the Registration Service Provider of record, and which does not resolve to an active website or otherwise contain an "a record," may resolve to a Temporary Page that may include advertisements, promotions, links and other content designated by a third party or Dedigeeks, including, but not limited to, content promoting the Service. 100% of all revenues generated, or other economic or noneconomic benefits received, from any such Temporary Page belong solely to Dedigeeks and a third party designated by Dedigeeks, if any. Dedigeeks reserves the right, in its sole and absolute discretion, to modify or disable the content and/or appearance of any Temporary Page at anytime, for any reason or no reason, and without notice.
(H) PREMIUM SERVICES
(1) Move a Site
(a) We offer, for a fee, a website migration service ("Move a Site") which is currently available for most PHP and HTML powered websites that are migrated to, from or between Dedigeeks hosting Service. Each Move a Site order covers the migration of a single website with its single database (a "Web Application") and is generally, though not always, managed by a dedicated specialist. The amount of time it takes for us to complete the migration is largely dependent on whether you've satisfied your obligations prior to the migration and how much content is being moved and where. Notwithstanding the foregoing, we are unable to make any guarantees regarding the availability, possibility or amount of time required to complete any Move a Site order.
(b) The Move a Site service includes only migration of the Web Application. Exclusions apply. Once Dedigeeks initiates any migration, all fees paid are NON-REFUNDABLE. We reserve the right, in our sole and absolute discretion, to close any Move a Site order, at anytime, for any reason or no reason, without prior notice. Notwithstanding anything to the contrary, in the event we close any Move a Site order, in our sole discretion, we may refund all or a portion of the Move a Site fee. Once an Move a Site order has been closed, for whatever reason, it may not be reopened; a new Move a Site order will need to be placed if the desired service is requested again. Customer must, within fourteen days of any migration, notify Dedigeeks if there are any issues with the migration. Dedigeeks is not responsible for and will not provide assistance with any issues that arise beyond fourteen days of any migration.
(c) After we receive your Move a Site order, we will contact you via a Support Request (generally within two business days) to gather any specific information we'll need from you to migrate your website ("our notice to you"). Some of the information we'll need to migrate your website includes, but is not limited to, login information, information pertaining to the current settings on your website, etc. If we do not receive a response from you within seven days of our notice to you, we will not be able to proceed with your order, and your Move a Site order will be closed.
(d) Move a Site does NOT include assistance with nor migration of any of the things on the following list. Please note that this list is not exhaustive and there may be other things you want help with that we can't do. Without limitation, you bear sole responsibility for addressing the migration and management of all of the following:
- Email accounts (including, but not limited to email data and content);
- SSL certificates;
- Design and formatting changes;
- Updates to the Web Application;
- DNS changes or modifications;
- Domain name registration updates (including, but not limited to unlocking the domain at the Registrar or disabling domain privacy);
- Security audits;
- Any Content that was created or added to Web Application after the time Dedigeeks began migration;
- Any Content not related to the Web Application.
LIMITATIONS; ACCOUNT TERMINATION
Migration of Servers. You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.
Termination of Services. You acknowledge and agree that upon expiration or termination of your Services, you must discontinue use of the Services and relinquish use of the IP addresses and server names assigned to you in connection with Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, then all such content will be deleted and we will not be able to provide a copy of such content.
Free Products Credits. Upon termination of the Services, all free products provided as part of the Services will be cancelled or revoked.
Notice Regarding Licensed Images on Migration or Export (where available). Subject to all other applicable licenses terms and conditions, images available and licensed for use are intended for Dedigeeks hosted customers only and are subject to the terms and conditions of third-party intellectual property rights and licensing restrictions. To the extent you wish to export or migrate your hosted product or service to another service provider (if available as an option), it is solely your responsibility to ensure your continued right to use any images incorporated therein, and you acknowledge and agree that Dedigeeks does not warrant and shall have no responsibility for any claims resulting from your continued use after migration and/or termination (whichever occurs first).
SERVICE UPTIME GUARANTEE
We offer a Service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of available time per month for nominated Hosting services. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
(I) PROGRAM OFFERINGS
(1) Referral Program
The Dedigeeks referral program offers you a chance to get freebies for referrals. To qualify for participation in the Dedigeeks referral program, you must be a current Dedigeeks customer with an active (DG) Account in good standing. You can participate in two ways. First, you can obtain a unique referral link ("Unique Link") and share it with your friends. You can obtain a Unique Link on our Website. Second, you can instruct your friend to enter a domain name associated with your active (DG) Account in good standing in the "Referral Domain" field appearing on the new account registration form. When a friend uses your Unique Link to sign up for new Service, or enters your domain name in the "Referral Domain" when signing up for new Service, priced at least $20.00/month, your friend will get 20% off their first order and you'll get an in-store credit applied to the (DG) Account equal to the first month's cost of your friend's new plan. Credits are awarded after the new Service has been active for at least sixty days.
(2) Affiliate Program
The Dedigeeks Affiliate Program offers you a chance to get commission on the new customers you send to us. Restrictions and limitations apply. Participation in the Affiliate Program is dually governed by this Agreement and the Affiliate Terms and Conditions Agreement found on the Affiliate Program page. In the event of any conflict between this Agreement and the Affiliate Terms and Conditions Agreement, the Affiliate Terms and Conditions Agreement shall govern.
(1) Content Made Available for Inclusion on the Service
(a) We're not responsible for any of the Content you, your Account Contacts or your users post on or via the Service; you are. You, not Dedigeeks, agree to assume all responsibility for and risk associated with all Content you and your party submit, transmit, email, upload, link to, display, disseminate, facilitate access to or otherwise make available through or for inclusion on the Service, including any reliance on the accuracy, completeness, truthfulness, appropriateness, legality or usefulness of such Content. You warrant and represent that you possesses all legal right to, or have obtained all necessary permissions to use any and all Content you make available, use in connection with or provide to Dedigeeks in connection with your use of the Service, and none of the Content you make available, use in connection with or provide to Dedigeeks in connection with your use of the Service infringes on any right of any person, firm, entity or party. You are solely responsible for protecting your assets as well as your rights to any of the intellectual property you provide to Dedigeeks, and Dedigeeks shall have no responsibility, whatsoever, with regard to it.
(b) You understand and agree that Dedigeeks is solely acting as a common carrier in its capacity of providing the Service hereunder, is not a publisher of any material or information and has no right to edit or censor the material at the Servers in use by Customer (unless pursuant to any local, state or federal law, or any section of this Agreement). Dedigeeks is not responsible nor pre-screens any of Customer's website content. All material submitted for publication through the Service will be considered publicly accessible. Dedigeeks does endorse nor screen in advance material submitted to Dedigeeks for publication via the Service. Dedigeeks's publication of material submitted by Customer does not create any express or implied approval by Dedigeeks of such material, nor does it indicate that such material complies with the terms of this Agreement.
(c) A Mail by Dedigeeks (“email”) account may be deactivated if it is inactive for 90 days. To keep your email account active, you must sign in to your email at least once every 90 days. Once an email account has been deactivated, incoming emails are bounced back to the sender, and user access to the mailbox will be disabled unless re-activated via the AccountCenter within 30 days. 30 days after email deactivation, any saved data including email, photos, and attachments will be permanently deleted. We will be unable to retrieve any content that may have been stored in the mailbox at that time. For more information in regard to our backup policy, please visit section (J)(1)(d) of the TOS.
(d) We do not provide backup services. WE DO NOT PROVIDE BACKUP SERVICES. We are not responsible for Content residing on or about the Service. In no event shall Dedigeeks be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions, and in certain circumstances, with absolutely no obligation and only as a courtesy, upon a Customer submitting an emergency restoration request, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we have backed up data for our own purposes. Dedigeeks makes no guarantee that the data you need will be available. An emergency restoration is intended for data recovery of specific files and/or databases, and will NOT restore your server or website to a previous version. We may reject any emergency restoration request, at anytime, for any reason or no reason. We may reject any emergency restoration request received during any period when the (DG) Account is past due, suspended, closed or under investigation for any breach of any section of this Agreement. Backups are as-is and are not designed for litigation purposes.
(e) Any mistakes, accidents, omissions, interruptions, delays, errors or defects in transmission or Service which are caused or contributed to, directly or indirectly, by an act or omission of the Customer or by the use of Customer-provided facilities or equipment, or by the use of facilities or equipment furnished by any other person using Customer's facilities which are connected to Dedigeeks's facilities, shall not result in the imposition of any liability upon Dedigeeks and Customer shall pay to Dedigeeks any reasonable costs, expenses, damages, fees or penalties incurred by Dedigeeks as a result thereof, including costs of local exchange company, labor and materials.
(f) If we receive three or more complaints (of any variety) concerning any Content hosted on or otherwise displayed via your Service, we reserve the right, in our sole discretion, to either close the (DG) Account or suspend the (DG) Account and require you to permanently cease hosting any specific website or Content on our systems. If we elect not to close the (DG) Account, directive as to remedy will be given in our Communications to you concerning the matter. If you do not adhere to the said directive, the (DG) Account may be closed without prior or further notice.
(2) Copyright Act 1968 and Cpoyright Amendment Act 2006
(a) You may not use the Service in any manner that infringes upon any copyright. Such infringement may include, but is not limited to selling counterfeit goods, unauthorized copying of photographs, books, music, videos, or any other copyright protected work. It is our policy to promptly investigate compliant notices of alleged copyright infringement that are provided to us in writing regarding Content hosted on or otherwise displayed via our systems. Our response to such notices may include removing or disabling access to the Content or website claimed to be the subject of infringing activity, without prior notice, and without regard to the complaint's substance or merit (or lack thereof). Dedigeeks reserves the right, in its sole discretion, to close any (DG) Account for which Dedigeeks receives three or more copyright infringement complaints, without prior notice and without a refund of any fees.
(b) Any person or party who wishes to file a claim of copyright infringement regarding Content hosted on or otherwise displayed via our systems may file notice via either email, fax or postal mail. Any person or party who requires assistance filing a claim of copyright infringement should consult or hire a lawyer or other legal professional for assistance. NOTE: Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including, but not limited to costs and attorney's fees) incurred by the alleged infringer, the copyright holder or its licensee, or the service provider.
(4) Effects of our Actions
(a) In some cases, when we remove or disable access to material claimed to be the subject of infringing activity or that, in our judgment, breaches any section of this Agreement, that action may cause some elements or areas of your website or the Service to malfunction or become unavailable. In no event shall Dedigeeks be held liable in any case and you are solely responsible for repairing or redressing such an issue.
(b) If we are unable to immediately access Content claimed to be the subject of infringing activity or that, in our judgment, breaches any section of this Agreement, or if our attempt to remove or disable access to said Content or website is unsuccessful we may immediately suspend the website or Service upon which the Content is displayed. In any such case, you will not be permitted to re-enable or otherwise restore access to the website or Service until you have complied with all of the terms set out in our notice to you concerning the issue.
(c) If any Content or website is disabled or removed pursuant to Dedigeeks's obligations as a service provider under the Copyright Act, or pursuant to any section of this Agreement, re-enabling or otherwise restoring access to that Content or website is prohibited until and unless you are otherwise notified by Dedigeeks, via Support Request. In any event where the Content or website is re-enabled or otherwise restored (whether on the original (DG) Account or a different (DG) Account), absent Dedigeeks's express authorization as set forth in this Agreement, the (DG) Account will be closed with immediate effect and without prior or further notice.
(d) You must immediately remove or disable access to any duplicative or derivative works of any Content or website Dedigeeks may disable pursuant to any section of this Agreement, whether or not such Content has the same title, name or label as the offending Content, is in any other format, form, size or is in or on any other directory or location on our systems. Your failure to do so could subject you to civil liability pursuant to U.S. federal law, and could also result in the suspension or closure of the (DG) Account.
(5) (DG) Intellectual Property
(a) The Dedigeeks Website, including all text, HTML, scripts, and images are copyright 2017. All rights reserved. With the exception of the use of designated promotional materials for the purpose of encouraging third parties to use the Service made available for download on our affiliate and referral webpages, any replication, modification, or copy of any part of this Website without the prior, written consent of Dedigeeks is prohibited. This notice applies to site visitors, customers, non-customers, affiliates, and resellers of Dedigeeks.
(b) You understand that Dedigeeks shall exclusively own all rights and interests in the Service, including, without limitation, all of the intellectual property rights therein. The Service is licensed, not sold under this Agreement. This Agreement grants you a temporary, non-exclusive, revocable, royalty-free license to use the Service during the period permitted by Dedigeeks, which is determined at our sole and absolute discretion, and which may be changed at any time, for any reason or no reason and with or without notice. You agree that you will keep the Service free of all security interests, liens, or other encumbrances. You may not sell, lease, license, loan or otherwise transfer or dispose of the Service and you will be responsible for any loss or damage to the Service.
(c) As a Dedigeeks customer, by accepting these Terms of Service, you agree that Dedigeeks can use your individual name and/or your company’s name and/or logo on our website, marketing materials, and other advertisements to indicate that you are or at one point were a Dedigeeks customer. If you are creating a website on behalf of a client or other third party, you represent and warrant that you have permission to grant this authority on behalf of that third party. This provision shall survive termination of this agreement or your customer relationship with Dedigeeks.
(6) Reselling and Online Stores
(b) Sales Practices. In the conduct of your business, you shall safeguard and promote the reputation of Dedigeeks's Service and business name, and shall refrain from all conduct which might be harmful to such reputation or to the marketing of your Service. You shall strictly refrain from all deceptive, misleading or unethical business practices. You shall comply with all applicable policies and procedures as well as applicable state and federal laws, rules and regulations. Any violation by you of this paragraph shall constitute a material breach of this Agreement and in addition to all remedies available to us, you shall indemnify and hold harmless us in respect to any fee, fine, penalty, or liability imposed against us arising from any activities by you. The prices you charge for the Service you resell shall be solely determined by you. Likewise, you are solely responsible for collecting from Your Users all charges related to the Service, such as applicable taxes. We shall be able to rely and act based on the information you or Your Users provide to us.
(1) Disclaimer of Warranties / Limitation of Liability
(a) The Service is provided "as is" and our exposure to you is limited.
DEDIGEEKS SPECIFICALLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NO DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY PROVIDER AND PROVIDER DOES NOT WARRANT THAT THE SERVICE OFFERED OR PROVIDED BY PROVIDER IS FREE OF BUGS, ERRORS, DEFECTS, VIRUSES OR DEFICIENCIES. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER'S SERVICE TO CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSS OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND FEES PAID BY CUSTOMER TO PROVIDER FOR SERVICE, DURING THE PERIOD OF DISRUPTION OR MALFUNCTION. YOUR SOLE AND EXCLUSIVE REMEDY FOR DEFECTS IN THE SERVICE IS AS SET FORTH IN THIS SECTION OR IN THE SPECIFIC SERVICE LEVEL AGREEMENT, IF ANY, APPLICABLE TO THE SERVICE YOU ARE USING.
DEDIGEEKS'S SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DEDIGEEKS SHALL NOT BE LIABLE FOR ANY DAMAGES YOU OR ANY OTHER PERSON MAY SUFFER. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT IN NO EVENT WILL DEDIGEEKS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF DEDIGEEKS'S SERVICE) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF DEDIGEEKS'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF DEDIGEEKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES BUT IS NOT LIMITED TO ANY LOSS THAT MAY OCCUR DUE TO ANY LOSS OF THE WEB HOSTING SERVICE, THE USE OF WEB HOSTING SERVICE, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO DEDIGEEKS'S WEB HOSTING SERVICE SYSTEM, THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND DEDIGEEKS, EVENTS BEYOND DEDIGEEKS'S REASONABLE CONTROL, THE NON-RECOGNITION OF THE DEDIGEEKS WEB HOSTING SERVERS, THE PROCESSING OF YOUR APPLICATION, THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR WEB HOSTING SERVICE, THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER, THE PROTECTION OR PRIVACY OF ELECTRONIC MAIL OR OTHER INFORMATION TRANSFERRED THROUGH THE INTERNET OR ANY OTHER NETWORK PROVIDER OR SERVICE ITS CUSTOMERS MAY UTILISE, OR THE APPLICATION OF ANY POLICY SET FORTH HEREIN.
IN NO EVENT SHALL DEDIGEEKS'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO DEDIGEEKS FOR THE SERVICE DURING THE PRIOR TWELVE MONTHS, OR $500, WHICHEVER IS LESS.
(2) Availability of Service
(a) You understand and agree that interruptions of Service may occur due to scheduled or emergency maintenance, updates and repair by Dedigeeks, or by strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other causes beyond Dedigeeks's control, as defined by standard practices in the industry. From time-to-time, it may become necessary for Dedigeeks to stop, reboot, disable, reconfigure, re-route or otherwise interrupt the Service for indeterminate and unpredictable lengths of time. You agree that under no circumstances will Dedigeeks be held liable for any financial or other damages due to such interruptions. In no event shall Dedigeeks be liable to you or any other person or party for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. Such failure or delay shall not constitute a default under this Agreement.
(b) Dedigeeks reserves the right to reset the password used to access a Service and (DG) Account, if, in our judgment, the current password is unsecure or not current. We may also reset the password used to access a Service or (DG) Account in connection with any security audit required by our data centers or any other third party with whom we contract to provide the Service.
(c) In our sole discretion, we may limit or otherwise restrict the amount of bandwidth, disk space or storage space available to you. We may also limit or restrict the Service in adherence to any new governmental regulations or policies that may arise, either domestically or internationally.
(d) We reserve the right to refuse service. Notwithstanding the foregoing, we reserve the right to refuse access to the Service to anyone, at anytime, for any reason or no reason.
(e) From time to time, it may be necessary for us to update certain software, applications and/or the Service without prior notice. An example of a needed update is an update from one version of PHP to another. The updated version may not be compatible with your Content and/or website(s), and your Content and/or website(s) may cease to function as expected following the update. In most all cases, we are unable to rollback or otherwise reverse the update. You are solely responsible for adjusting your Content and website(s) to and ensuring compatibility with the updated version and you agree that Dedigeeks shall not be liable in any way for any loss or damage you or any other person or party may suffer as a result of our update to certain software, applications and/or the Service.
(a) Customer agrees to defend, indemnify and hold Dedigeeks and its affiliates, directors, officers, agents and employees harmless from and against any and all claims, obligations, losses, damages, costs, liabilities and expenses (including reasonable attorneys' fees and costs) incurred by Dedigeeks arising from or due to any claim, action, dispute or demand made by any third parties (including customers of Customer) that are related to or arising out of your use of the Service or from your placement or transmission of any materials or Content onto Dedigeeks's servers. Such liabilities may include, but are not limited to: (a) false advertising claims against Customer (or customers of Customer), (b) liability claims for products or services sold by Customer (or Customer's customers), (c) infringement or misappropriation of intellectual property rights, (d) violation of rights of publicity or privacy, defamation, libel, slander obscenity, or child pornography, (e) spamming or any other offensive or harassing or illegal conduct (including but not limited to any violation of our acceptable use policy, as set forth in this Agreement), or (f) any other damage arising from your equipment, your business, or your use of the Service.
Dedigeeks agrees to indemnify, defend and hold harmless Customer and its affiliates, directors, officers, agents and employees (collectively, the "Customer Group") from and against any and all claims, obligations, losses, damages, costs, liabilities and expenses (including reasonable attorneys' fees and costs) incurred by Customer Group arising from or due to any claim, action, dispute or demand (or any member thereof) to the extent arising from (i) any personal injury, death or physical damage to, or loss or theft of, tangible personal property caused by the gross negligence or willful misconduct of Dedigeeks or its employees, agents or subcontractors, or (ii) infringement of any Australian patent, copyright or other proprietary right resulting from Customer's use of intellectual property solely developed or wholly owned by Dedigeeks and used to provide the Service; provided, however, that, in addition to the foregoing indemnification, Dedigeeks's sole and exclusive liability with respect to this Section (K)(3)(b), and Customer's sole and exclusive remedy with respect to this Section (K)(3)(b), is limited to Dedigeeks making the Service non-infringing or arranging for Customer's continued use of the Service by license or otherwise, but if either of the foregoing options are commercially impracticable for Dedigeeks, in Dedigeeks's sole discretion, upon written notice to Customer, Dedigeeks may cancel the directly affected Service, refund to Customer any prepaid fees for such cancelled Service and, if applicable, adjust Customer's ongoing monthly fees for the continuing Service to account for such cancelled Service. Notwithstanding anything to the contrary in this Section (K)(3)(b), Dedigeeks will have no indemnification obligation to Customer under this Section (K)(3)(b) for any infringement arising from (A) an unauthorised modification of the Service by Customer, (B) Customer's combination of the Service with any intellectual property not developed or owned by Dedigeeks if the Service would have avoided the infringement but for such combination by Customer, or (C) Customer's failure to install updates, patches or other similar items provided by Dedigeeks or the licensor of the intellectual property that is the subject of such a claim.
(4) Force Majeure
(a) Dedigeeks shall not be liable to Customer or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the Australian government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, wars; or lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.
(1) End of Life Policy
(a) We reserve the right to cease offering or providing the Service at anytime, for any reason or no reason, and without prior notice. Notwithstanding the foregoing, although Dedigeeks makes great effort to maximize the lifespan of all its software and hardware, due to the ever evolving landscape of technology, there are times when a product or service we offer will be discontinued or reach its End-of-Life ("EOL"). In the event that a product or service has reached EOL, that product or service will no longer be supported by Dedigeeks, in any way, effective on the EOL date. A list of products and services that have reached or will reach EOL is available on our Website here. It is recommended that you check this list regularly. You are responsible for monitoring the "life status" of any Peripherals you may be using with or otherwise alongside the Service. You are solely responsible for preparing for and adjusting to the EOL of any Peripherals you may be using with the Service (including, but not limited to, updating, removing or replacing any products or services that have reached EOL). Dedigeeks shall not be liable to you or any third party for any modification, suspension, or discontinuance of any of the products and services we may offer or facilitate access to.
(b) In the event that any product or service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the product or service by migrating to a new product or service before the EOL date, or by entirely ceasing reliance on said product or service before the EOL date. Should you fail to so act, we may, with or without notice, migrate you to the most up-to-date version of the product or service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration.
(2) Third Party Providers
(a) Dedigeeks may subcontract the performance of certain services to third parties, and your use of the third party provided products and services shall be governed by any applicable license agreement, if any, with such third party and the third party's terms and conditions. Dedigeeks makes no representations or warranties, and shall not be liable for, the quality, availability, timeliness, accuracy or completeness (or lack thereof) of the information, products or services provided by any third party provider.
(b) Dedigeeks is not the agent, trustee, representative or fiduciary of you or any third party provider in any transaction. Any transactions with third party providers shall be by and between the visitor and the third party provider. Any and all discounts and special offers of any third party may be subject to additional terms, restrictions and limitations.
(3) System Status
(a) Without obligation, in an effort to be as transparent as possible, the status of our systems is made available on our website. Our system status page is provided for informational purposes only and only provides information regarding known system issues and maintenance which may affect the Service.
(b) Dedigeeks systems may be monitored for all lawful purposes, including, but not limited to: for system management, to facilitate protection against unauthorized access, to check on and verify survivability, operational security, system integrity and security procedures. During monitoring, information and Content may be examined, copied, recorded and used for authorized purposes. Your use of our systems constitutes your unconditional consent to such monitoring.
(4) Compliance with Law
(a) You agree that you will use the Service offered by Dedigeeks in a manner that is consistent with all applicable Victorian and Australian local, state and federal laws and regulations, regardless of whether or not you are a citizen of Austraia. Customers found to be using our systems for illegal activities, including but not limited to breaking into remote systems, phishing, credit card fraud, theft, will have their accounts closed with immediate effect, without prior or further notice, and without refund of any fees. You are solely responsible for determining what laws and regulations are applicable to your use of the Service.
(b) It is our policy to cooperate with law enforcement and administrative agencies, but we don't just roll over and give them all of your info. Upon lawful request from a law enforcement or government administrative agency, Dedigeeks may, without notice to you or your consent, provide the information requested by such agency to that agency.
(a) If any federal, state or local governmental entity with taxing authority over the Service imposes a tax, duty or fee directly on the Service provided to you by Dedigeeks under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Dedigeeks may pass the direct amount of such tax on to you, and you shall promptly pay that tax.
Any party's failure to insist on compliance or enforcement of any section of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that section or of any other section of this Agreement.
(7) Relationship of the Parties
The parties intend that an independent contractor relationship will be created by this Agreement, and that no additional partnership, joint venture, employee, employer or other relationship is intended . You agree not to hold yourself out as in any way sponsored by, affiliated with, endorsed by, in partnership or venture with, nor as an employee or employer of Dedigeeks, any of Dedigeeks's affiliates or its respective service providers. In addition to the foregoing:
- Nothing in this Agreement is intended nor shall be construed to create any obligation of exclusivity between you and Dedigeeks. Nothing in this Agreement is intended nor shall be construed as limiting or otherwise restricting Dedigeeks's right, freedom and/or ability to enter into other, and different, relationships with other persons, firms, entities and parties, and we may, and will, enter into other, and different, relationships with other persons, firms, entities and parties. In addition, neither party undertakes, whether by this Agreement or otherwise, to perform any obligation of the other party, or to assume any responsibility for, without limitation, the other party's actions, business or operations.
(a) This Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Exclusive venue for all disputes arising out of this Agreement shall be in the state or federal courts in Melbourne, Australia and we each agree not to bring an action in any other venue. You waive all objections to this venue and agree not to dispute personal jurisdiction or venue in these courts. You agree that you will not bring or participate in any class action lawsuit against Dedigeeks Pty Ltd. or any of its partners, employees, subsidiaries, officers, licensors or affiliates. Each of us agrees that we will not bring a claim under the Agreement more than two years after the time that the claim accrued.
(b) In no event will Dedigeeks mediate any dispute or controversy arising between you and any third party. Dedigeeks is unable to provide any legal advice or assistance. It is not our policy to adjudicate, validate or invalidate the substance, merit (or lack thereof) of any complaint we are served (such as complaints of copyright or trademark infringement, defamation, slander or libel) - such is left to the legal system and courts. Notwithstanding anything to the contrary, we will, without prior notice, remove or disable any Content or website any court of competent jurisdiction has ordered removed or otherwise disabled for whatever any reason.
(c) If you violate any of the terms of this Agreement, any supplemental rules and guidelines, any of the terms of the respective service providers, or any rights of Dedigeeks, we and any other harmed party reserve the right to pursue any and all legal and equitable remedies against you. If you are aware of any violations of this Agreement, please notify us at email@example.com
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without Dedigeeks's prior written consent, which consent shall be at Dedigeeks's sole discretion and without obligation; any such assignment or transfer shall be null and void. Dedigeeks is free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
(10) Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes and cancels any other agreements, proposals, communications and understandings, whether written or oral, between Dedigeeks and you, other than as explained or incorporated by reference in the preamble of this Agreement.
- Dedigeeks operates the www.dedigeeks.com Web site. As part of its Web site, Dedigeeks offers the Dedigeeks Affiliate Program (the "Program"), through which approved customers providing marketing services through owned or third party websites, subscription services, promotional services, and/or syndicated services are granted a limited, non-exclusive right to: (i) advertise and promote Dedigeeks goods and services and the Dedigeeks web site in a manner in compliance with this Agreement.
- Customers are offered the opportunity to earn a commission for referring visitors to the Dedigeeks web site. The commission rate will be set forth within the Program Term for Dedigeeks and may be changed from time to time by Dedigeeks with seven (7) days written notice with effect from the 8th day (or such later date as specified by Dedigeeks). Payment of commissions earned by Customer for valid Dedigeeks transactions shall be made by Dedigeeks in accordance with the terms of the Program.
- Valid Dedigeeks Transactions are defined as successful purchase transactions of qualified products taking place in the Dedigeeks shopping cart.
- Customer is eligible for commissions on the initial purchase of services only, any additional or subsequent purchases, including the customer’s addition of accounts or upgrades are not eligible. Renewals of existing services are not eligible for commissions.
- New customer transactions will be tracked separately from returning customer transactions and will be paid according to the commission amounts listed in the Program Terms.
- Services must remain open and paid for a period of 45 days in order to be eligible for commissions.
- Customers are not eligible for commissions on Virb, Nitro, Helix services, Booster Pack, Security Pack, TrueSpeed CDN, CloudTech On Demand, Site Mover, Dedicated Hosting, and Enterprise Solutions.
- Participation in the Program is subject to Dedigeeks’s approval. Prospective Customers must first submit an application to Dedigeeks in order to become an approved Customer eligible to post Links to the Dedigeeks Web site and earn commissions. After the application has been submitted, Dedigeeks will have the option of declining the application for any reason or no reason.
- If approved, the Customer/You will have already acknowledged acceptance of this Agreement by having clicked through the “Join Program” button, having checked the box stating “Yes, I have read and accepted the following terms and conditions” and having clicked the button to continue, thereby assenting to the Special Terms and Conditions of the Program between Dedigeeks and Customer (also referred to as this “Agreement”). This Agreement shall apply only to approved Customers who accept the Special Terms and Conditions of the Program and only Customers who accept this Agreement may participate in the Program.
- Other than for the payment of commissions, Customer shall have no claims to any additional compensation, commissions or business derived by or through a Destination Site.
- Participation in the Program does not constitute an employment, broker or agency relationship between Customer and Dedigeeks nor does it create any partnership, joint venture, franchise, or sales representative relationship between the parties.
3. Advertising Requirements and Exclusions
- You agree to use only the Dedigeeks-approved banners and ad text. You will not alter or revise Dedigeeks's creatives, content or Links without prior approval. Customers must obtain express written authorisation from Dedigeeks regarding the use of any custom creatives or use of any Dedigeeks intellectual property.
- You agree to only use coupon codes / links that are specifically supplied to You through the Program. Any and all commissions earned on sales in violation of the above coupon code / links policy, will be reversed. Dedigeeks does not pay commissions on purchases made by customer with the following coupon codes: a coupon code not supplied through Program, a coupon code from an internal Dedigeeks or private discount code, a coupon code supplied in Dedigeeks customer emails, and any coupon that states on its landing page that it is "not compatible with the affiliate program".
- You agree to assume all responsibility for, and risk associated with, all content you submit, transmit, email, upload, link to, display, disseminate, facilitate access to or otherwise make available in connection with your participation in the Program. This includes any reliance on the accuracy, completeness, truthfulness, appropriateness, legality or usefulness of such content. You warrant and represent that you possess all legal right to, or have obtained all necessary permissions to use any and all content you make available or use in connection with your participation in the Program.
- You agree that the use of “cookie stuffing” techniques that set a tracking cookie without the user actually clicking on the affiliate link (e.g. a 1x1 pixel iframe) is strictly prohibited.
- You agree not to refer visitors or complete Transactions through illegal or fraudulent means, including, without limitation: (i) domain speculation; (ii) email, forum, blog or social media SPAM; (iii) forced iframes; (iv) through CPC ads using the Dedigeeks marks or in any way exploiting the Dedigeeks brand name; or (v) through any other means which Dedigeeks determine, in their sole discretion, is questionable;
- You agree that Your web site shall not in any way copy or resemble the look and feel of Dedigeeks's web site, and You shall not create the impression that Your site is a part of Dedigeeks’s sites.
- You may not use any mark of Dedigeeks or any variation thereof, in any manner not expressly authorised by this Agreement. In particular, You may not use any mark of Dedigeeks, or any variation thereof, directly or indirectly in (a) metatags, (b) in hidden text, page titles or source code, (c) in Your domain or sub-domain, and/or (d) any other manner. You may not engineer Your site in such a manner that pulls Internet traffic away from Dedigeeks’s website. You agree to not utilize, advertise or otherwise promote, any mark of Dedigeeks in the headline or description copy associated with pay-for-placement search engines or paid search engine advertising. Unless You have explicit, written approval from Dedigeeks, You may not bid on any mark of Dedigeeks (including trademark+), on any pay-for-placement search engines. If Dedigeeks determines, in its sole discretion that You have violated any of the foregoing prohibitions, Dedigeeks may seek any and all remedies available to it, including, among other things, the immediate termination of this Agreement and/or the commencement of an action by Dedigeeks against You seeking, without limitation, injunctive relief and/or recovery of actual, statutory and/or punitive damages. Further, You acknowledge and agree that You shall have no right to receive any commissions on any sales You generate or assist in generating during any times when You are in violation of this Agreement or other policies of Dedigeeks.
- Additionally, You agree to abide by all Policies as specified in the Dedigeeks Program Terms.
4. Term and Termination
- The term of this Agreement shall be continuous, unless and until either party properly terminates this Agreement and the relationship, in accordance with the following: (i) Dedigeeks shall provide Customer with seven (7) days written notice via any communication method.
- Upon any termination of this Agreement, Dedigeeks and Customer will be released from all obligations and liabilities to the other party occurring or arising after the date of such termination or the transactions contemplated hereby, except with respect to those obligations which by their nature are designed to survive termination or as provided herein, provided that no such termination will relieve Customer from any liability arising from any breach of this Agreement occurring prior to termination.
- Upon termination of this Agreement, (i) Dedigeeks’s acceptance of additional referrals obtained through Customer shall not constitute a continuation or renewal of this Agreement or a waiver of such termination, (ii) Customer shall be entitled only to those unpaid commissions, if valid, earned by Customer on or prior to the date of termination, (iii) Customer shall in no event be entitled to commissions with respect to any amount of valid referrals delivered after the date of termination, (iv) all rights and licensees of Customer hereunder shall immediately terminate, (v) Customer shall cease all uses of any trade names, trademarks, service marks, logos and other designations of Dedigeeks or the Program, and (vi) Customer shall remove all Dedigeeks links.
5. Additional Terms
- The provisions of this Agreement are severable. If any provision of this Agreement, or the application thereof to any person or circumstance shall be deemed invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect the other provisions of this Agreement that can be given effect.
- No delay or failure by Dedigeeks in exercising any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right.
- The rights and remedies of Dedigeeks are not mutually exclusive; that is, the exercise of one or more of the provisions hereof shall not preclude the exercise of any other provision hereof.
- This Agreement shall be deemed a mutual agreement and shall not be construed and/or interpreted in favor or against either party on the basis of preparation of the Agreement.
- Dedigeeks reserves the right to modify the terms and conditions of this Agreement in its sole discretion upon seven (7) days written notice through any communication method. with effect from the 8th day (or such later date as specified by Dedigeeks) to Customer. If any modification is unacceptable to Customer, Customer’s sole recourse is to terminate this Agreement by expiring the relationship and/or rejecting the new Program Term offered. Customer’s continued participation in the Program by accepting the newly offered Program Term with new terms and conditions for this Agreement constitutes Customer’s binding acceptance to the change.
Effective Date: 01/01/2017
Dedigeeks is subject to the regulatory enforcement powers of the Australian Federal Law. In certain situations, Dedigeeks may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact the OAIC (Office of the Australian Information Commissioner).
Dedigeeks typically receives specific data about its website visitors only when such information is provided voluntarily, such as when our visitors request information, purchase or enroll for services, open a customer support inquiry ticket, provide resume information for employment opportunities, or send us e-mail. Of course, some of these activities require that you give us information, such as when you make a purchase, use a credit card to pay for services, submit your resume, or request certain types of information. When you provide personally-identifiable information to Dedigeeks through one of our websites, it will be used to fulfill your specific request. In most cases, you will be given the opportunity to select whether you do, or do not, want Dedigeeks to use this information for additional purposes.
Dedigeeks will not, however, sell or trade your personally-identifiable information unless we are authorized or legally required to do so, or in the case of imminent physical harm to the visitor or others. In certain situations, Dedigeeks may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
We may also disclose your personal information as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. If you have any questions about the security of your personal information, you can contact us at firstname.lastname@example.org.
We may retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements. On those Dedigeeks sites where you may provide Dedigeeks with credit card or other sensitive information via the web, Dedigeeks protects and secures this information by employing commercially customary web-based security and encryption protocols, examples of which include Secure Socket Layer (SSL) and Secure Electronic Transaction (SET).
Supplementation of Information
In order to provide certain services to you, we may on occasion supplement the personally identifiable information you submit to us with information from third party sources (e.g., information from our strategic partners, service providers, or Australia Post). We do this to enhance our ability to serve you, to tailor our products and services to you, and to offer you opportunities to purchase products or services that we believe may be of interest to you. If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.
Dedigeeks customers control how and when we contact you by logging into the control centre and changing your preferences. Dedigeeks reserves the right, in its discretion, to send you bulletins and other important information about your Dedigeeks services. If you are not a Dedigeeks customer and wish not to be emailed about our services, please click the unsubscribe link in the email you have received.
Non Personally-Identifiable (Generic) Information:
Within our Site we and our partners, affiliates, and/or analytics or service providers use technologies such as cookies, beacons, tags and scripts to analyze trends, administer the Site, track users' movements around the Site and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual or aggregated basis.
As is true of most websites, we gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and/or clickstream data. We use this information gathered about you from our Site to help personalize search results, diagnose problems with our server, and to administer our Site. We also gather broad demographic information from this data to help us improve our Site and make your browsing and purchasing experience more enjoyable. This is not linked to any personally identifiable information, except as necessary to prevent fraud or abuse on our system.
We also use tracking technologies such as: CI codes (click tracking), ISC (source tracking), and ITC (item tracking codes, attached to purchases at an item level, used to determine where within the application a product was added). We report this data back to our Dedigeeks web services. These results are not shared with any third parties and are used solely for deciding when to retire SDKs/OS versions and to identify characteristics of major users so that we may optimize our applications and services for those user types.
With your express consent, we may access and track location data from your mobile device in order to personalize results such as user favorite domain name selections. We do not tie any personally identifiable information about you to any of the location tracking technologies that we use.
You can set your browser to notify you when you receive a cookie and you can refuse it; this may however reduce functionality of certain website features such as the order system and the Account Centre
Your Dedigeeks hosted website, server, bulletin boards, forum, Third-Party Sites:
On those sites where you voluntarily offer any feedback, data, answers, questions, comments, suggestions, ideas or the like, Dedigeeks will treat that portion of the information as non-confidential and nonproprietary and, except as otherwise expressed in this Policy, Dedigeeks assumes no obligation to protect such information from disclosure. To request removal of your personal information from our blog or community forum, contact us at email@example.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
Lucky Orange Web Analytics Service
This site uses the Lucky Orange analytics system to help improve usability and the customer experience. Lucky Orange may record mouse clicks, mouse movements and scrolling activity. Lucky Orange may record keystroke information that you voluntarily enter on this website. Lucky Orange does not track this activity on any site that does not use the Lucky Orange system. You can choose to disable the Lucky Orange Service at their website. Note, that doing so will disable other features of the Lucky Orange system that this site employs such as 1-to-1 support chat.
Exceptions and Limitations:
Notwithstanding the foregoing and in compliance with applicable laws, Dedigeeks (i) cooperates fully with state, local, and federal officials in any investigation relating to any content (including personal or private electronic communications transmitted to Dedigeeks) or purported unlawful activities of any user of the Service, and (ii) takes reasonable measures to protect its proprietary rights. For the limited purposes of accomplishing such cooperation and measures and in compliance with applicable laws, Dedigeeks may be required to disclose personally identifiable information. In addition, Dedigeeks may elect to monitor the areas of communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Dedigeeks; or (iii) to protect the rights or property of Dedigeeks or others. In connection with the potential sale or transfer of any of its interest in dedigeeks.com and other sites owned by the company, Dedigeeks reserves the right to sell or transfer your information (including, but not limited to name, address information, and other information you provided to Dedigeeks) to a third party that (i) concentrates its business in communication products or services; (ii) agrees to be Dedigeeks successor in interest with regard to the maintenance and protection of information collected and maintained by Dedigeeks; and (iii) agrees to the obligations of this Policy.
Transfer of Data Abroad:
If you are visiting this site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this site and communicating electronically with us, you consent to such transfers.
Upon request we will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. To request this information please contact us at firstname.lastname@example.org.
You may also correct or request deletion of your personal information by contacting us at email@example.com or through the Dedigeeks Help Centre.
We will respond to these requests within a reasonable timeframe.
We may update this Policy to reflect changes to our information practices. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.