All accounts and customers of Host Digital, are bound by these Terms of Service. Please read them carefully.

1. It is the customers responsibility to ensure their contact information for both web hosting and domain name accounts remains current. This includes at minimum a current postal address, and email address.

2. Any accounts in excess of 30 days past due are subject to termination of service without further notice. Host Digital reserves the right to charge for account reactivations.

3. Host Digital take no responsibility for any files placed in a users web or email space. All customers are advised to keep back-ups of all files and data off-server in case of unforeseen circumstances.

4. Customers are responsible for renewing their associated domain names. Registrars send out notifications via email when renewals are due, it is the customers responsibility to ensure their domain name registrar has a current email address for notifications.

5. The customer may only use Host Digital's services for lawful purposes. In the event that at any given time, Host Digital believes that the service is being used by the customer in contravention with any of the terms and provisions contained in this agreement, Host Digital has the right to immediately discontinue such service to customer without liability. The following are restrictive uses and shall be cause for the immediate termination of web services and this agreement without notice to the customer:

a. Unauthorized distribution or copying copyrighted software, violation of Australian/US export restrictions, embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities;

b. Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, mail-bombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. Host Digital reserves the right to determine what is Net abuse; DO NOT SEND UNSOLICITED COMMERCIAL EMAIL, BULK EMAIL, EMAIL WITH FORGED HEADERS, OR POST IN VIOLATION OF USENET POLICIES. YOUR ACCOUNT WILL BE IMMEDIATELY TERMINATED AND YOU WILL BE RESPONSIBLE FOR ALL THE COSTS OF THE NETWORK DISRUPTION YOU CREATED. You will be charged $3.00 for EACH individual email which contravenes the above policy.

c. Tortuous conduct such as posting of defamatory, libellous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights;

d. The Customer expressly understands and agrees that illegal Adult oriented Websites featuring nudity and acts of a sexual nature are expressly prohibited. Host Digital reserves the right to immediately terminate and remove any such unauthorised Websites without notice and discontinue service to Customer without notice or liability for actual, compensatory or consequential damages to Customer for the interruption in service. e. MUDDS, List-servers, IRC, chat applications (particularly perl/PHP chat programs), or any other Internet application that are not Website specific, are specifically prohibited.

f. Host Digital reserves the right to suspend or discontinue hosting any site which make excessive use of shared resources, or which provides a security risk of any kind.

6. No Account will be used for the supply of free services - i.e. customers and users must not give away free web space/pages, email accounts, DNS services, etc. or install software designed for such purposes. Use of third party offerings such as everyone.net is permitted.

7. While we do attempt to filter incoming email viruses, it is inevitable that some will be delivered. Our virus filtering is not a substitute for properly securing your own computer against outside attacks. Host Digital assumes no responsibility for any computer virus you may receive, or subsequently become infected with, via any email account held on the Host Digital servers.

8. Host Digital will utilise its best efforts to maintain acceptable performance of services, but makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Host Digital cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Host Digital will not be liable for the inadvertent disclosure of, or corruption or erasure of, date transmitted or received or stored on its system. Host Digital shall not be liable to any of its customers for any claims or damages which may be suffered by its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of Host Digital.

9. Customers agree that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney's fees, ("Liabilities") against Host Digital, its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by the customer, its agents, employees or assigns. Customers agree to defend, indemnify and hold harmless Host Digital against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with Host Digital's server; and material supplied by customers infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which customers sold on Host Digital's Server. As a result of this, customers agrees that Host Digital shall not be liable to them for any claims of actual, compensatory and/or consequential damages which may be suffered by customers, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of Host Digital. Notwithstanding the above mentioned, customer's exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which customers paid during the term of this Agreement.