Terms and Conditions
Upon signing up or using the services provided by PowerDigital, you agree to abide by our terms and conditions. This terms and conditions agreement protects both us and you. Any breach of these terms may result in immediate suspension of your account with us.
1. Domain Name Registration terms
Registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible to comply with those terms. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
The name authority's has power to make the decision whether to approved or refuse a domain name. Therefore we do not warrant or guarantee that the domain name applied for will be registered to you or is capable of being registered by you.
Any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. If such dispute unable to resolve by both parties, you then contact the relevant naming authority to resolve the issue.
2. Server Use
Your account is for your use only, and as the primary used, you agree to take responsibility for all usage of the account.
All services provided by PowerDigital may be used for lawful purposes only. Any violations of laws that apply to PowerDigital, or any jurisdiction that applies to you or your site is strictly prohibited. This includes but is not limited to copyrighted material, intellectual property and threatening material.
Sites that promote illegal activity or present content that is damaging to PowerDigital are also strictly prohibited.
Illegal activity such as hacking and cracking that originates from your account is also strictly prohibited.
3. Spamming & Adult Content
We operate a zero tolerance policy on spamming (the sending of mass unsolicited emails).
Any unsolicited email transmitted over PowerDigital network is strictly prohibited and will result in instant termination without notice. This includes but is not limited to virtual, reseller, resold accounts and semi-dedicated server accounts.
Formmail scripts prior to Matt Wright’s formmail script version 1.9 or later are banned as security holes in the script can result in them being used as spamming tools.
Illegal adult orientated material involving minors under the age of 18, including but not limited to explicit pictures, pornographic or indecent pictures, will result in instant termination without notice. If resold accounts are found to contain illegal material, they will be terminated and the reseller informed.
4. High Resource Usage Policy / Script Usage
Resources are defined as CPU usage, memory usage and available system resources. When an account is found to be manipulating resources, we may implement the following policy:
When an account is found to be manipulating resources, PowerDigital reserves the right to suspend, terminate, or make appropriate changes to the account to prevent the account from continually manipulating resources.
This policy is only used in extreme cases to prevent misuse and is in effect to keep our servers fast and stable at all times.
The following scripts and programs are banned from our servers due to resource manipulation and/or server misuse:
- Flat file CGI based forums / message boards such as UBB, iKonboard and UlimateBB
- IRC (Internet Relay Chat) scripts or bots
- Eggdrops
- Proxy Servers
- The Anonymizer
- Formmail scripts earlier than Matt Wright’s v1.92 script
- Spamming / hacking / cracking scripts
5. Payment Policies
All accounts are set-up on a pre-pay basis. PowerDigital reserves the right to change the prices of any of its services at any time. Payment is due every 365 days if the account is paid yearly, every 180 days if the account is paid semi-annually, every 3 months if the account is paid quarterly and every 30 days if the account is paid monthly, from the date on which the account will be or was established. Clients will be automatically charged unless a cancellation request has been sent to info@PowerDigital.com.au, and we have confirmed your request. Cancellation requests must be received a minimum of 5 days prior to your next billing date.
In situations where the card number is declined, the card will be charged on the following day for 7 days. If the card is declined in each of these situations, the account for which payment is overdue will be suspended, and the user contacted to make alternative payment arrangements. If payment is not made within 14 days of the card failing, we reserve the right to terminate the account.
Clients agree that they are liable for extra charges that their accounts incur, including but not limited to paid support, extra bandwidth usage and extra diskspace usage.
6. Cancellation
PowerDigital reserves the right to terminate a client’s account at anytime without prior notification if the account is in breach of the listed terms and conditions. No refund is given in such a situation.
A client can choose to cancel their account at any time. You must notify us - by sending an electronic mail message to contact@PowerDigital.com.au that you wish to cancel your account. Cancellation requests must be submit at least 7 days prior to account renewal. Your account will then be canceled at the end of the next billing period.
Cancellation does not clear you of any outstanding amounts, any balance due at the time of cancellation must be paid in full. You must ensure you have a full back-up of your data before canceling your account as we do not save your data and will not be able to restore that data.
7. Actions Taken By PowerDigital
PowerDigital reserves the right at its sole discretion to refuse or cancel service.
When PowerDigital becomes aware of an alleged violation of its terms and conditions, PowerDigital will initiate an investigation. During the investigation PowerDigital may restrict User(s) access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, PowerDigital may, at its sole discretion, restrict, suspend, or terminate Customer account and/or pursue other civil remedies. If such violation is a criminal offence, PowerDigital will notify the appropriate law enforcement department of such violation.
8. Data Backup
PowerDigital provide each account with the tools to completely backup and restore their data without our intervention. While backup procedures are in place that protect your data, we encourage you to back up your own data to prevent its loss since no backup system is perfect. We are not liable in any way for data loss.
9. Indemnification
Customer agrees that it will protect, indemnify, save and hold PowerDigital harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable legal fees assessed against PowerDigital, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it's customers, agents, employees or assigns. Customer agrees to defend, indemnify and hold PowerDigital, harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or distributed in association with PowerDigital Services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from PowerDigital Services.
10. Disclaimers
PowerDigital will not be responsible for any damages your business may suffer. PowerDigital makes no warranties of any kind, expressed or implied for services we provide. PowerDigital disclaims any warranty or merchantability or fitness for a particular purpose. This includes data loss resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions of any kind caused by PowerDigital and its employees. Failure to follow the terms and conditions may result in account deactivation.
11. Modification
PowerDigital reserves the right to modify/change those terms and conditions at any time, but will alert you that changes have been made by indicating at the top of the terms and conditions the date it was last updated. We encourage you to review our terms and conditions.