Conditions and Terms of Use

Communication

Communication between Design and Host and  its employee's and our clients is regarded as strictly confidential, therefore we stress that any Phone, written or email communication is not to be published anywhere, which includes a website, message forum, newspaper or any other media without the written permission of Design and Host.

Design and Host provides World Wide Web page hosting, Design and Host reserves the right to suspend or cancel any customer's access to any or all services provided by Design and Host. When Design and Host decides that the account has been inappropriately used or otherwise. Inappropriate use of accounts are not entitled to a refund of any kind.

Server use

Personal accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away web-hosting services of their website to other parties.

Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.

Design and Host reserves the right to refuse service and/or access to its servers to anyone.

Design and Host does not allow any of the following content to be stored on its servers:

- Illegal Material - This includes copyrighted works, commercial audio, video, or music files and

-any material in violation of any Federal, State or Local regulation.

- Warez - Includes pirated software, ROMS, emulators, freaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

Use policy

You can run any CGI and non-CGI scripts you desire, however we reserve the right to disable any script that dramatically affects server
 performance.

High resource user policy

Resources are defined as bandwidth and/or processor utilization. Design and Host may implement the following policy to its sole discretion:

When a website is found to be monopolizing the resources available, Design and Host Reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.

Banned scripts

GreyMatter
UBB (all versions)
IkonBoard (perl/cgi version)
YaBB (perl/cgi version)
Any IRC related software
Proxy Servers
nph-proxy
The Anonymizer
lstmrge.cgi
topsites.cgi
bindshell
psybnc

Furthermore we strictly prohibit the use of Bulletin boards which run server intensive flat file systems, we do supply a fully pre-installed Bulletin Board phpbb.

Adult content policy

We do not host or link to any websites which display adult content such as pornographic material, escort services or the like.

General content policy

We do not host or link to any websites which contain, advertise or display content which we consider to be gambling related or alcoholic beverage sales

E-mail policy

www.designandhost.net strictly prohibits harassment, whether through language, frequency, or size of messages. Forging of header information is not permitted.

www.designandhost.net does not allow unsolicited mail (UCE). This includes "Spamming" and "Bulk Mail" sent to persons who have otherwise not requested to receive such mail. The reason for this is that not only is it generally frowned upon by the internet community, but it also demands extra bandwidth to handle the effects of such mail. Websites found to be sending UCE will be terminated without notice.

"Safe-In Lists" www.designandhost.net views this as opt-in spam lists and is viewed as abuse toward our service offerings, www.designandhost.net does not allow customers to host, or offer safe-in list hosting or mailing lists unless an exception is given directly by management.

If its found any client has setup an account with www.designandhost.net, for the express terms of sending unsolicited email, www.designandhost.net reserves the right to charge a one time administration fine of $5,000.00 and immediate account suspension and removal of files from our servers. If www.designandhost.net can show proof the client has sent the email from www.designandhost.net servers or network. High penalty yes it is, we can lose our right to proceed as a business and worse still it jeopardizes ongoing performance and viability for our current customers.

Payment policies

All accounts are set up on a prepay basis. Although Design and Host Reserves the right to change prices of accounts or services at any time.

Payment is due each anniversary year or month following the date the account was established. Customers WILL automatically be charged again at the end of their prepay period.

In situations where the card number on file is declined Design and Host Will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully.

In addition, Design and Host Reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was To reactivate a suspended account (due payment problem) a $10 reactivation fee must be paid for each suspended domain/account.

Established to the time that the customer sends a written cancellation request

No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via e-mail shortly after the online purchase has been made. At this point the customer's card will be charged automatically. All payment is only accepted in Australian dollars.

Cancellation of services requires at least 5 days notice, although Design and Host does not add on a setup fee, there is a cost which is built into the first months hosting, any refunds will be an amount less the first months hosting plan.

Payment options

In order to streamline our accounting procedures and keep costs down Design and Host Accepts:
Mastercard, Visa  via Paymate and Paypal, Cheque and Money Order.

Cancellation and refunds

Design and Host Reserves the right to cancel the service at any time. Customer refund requests are to be sent to sales@designandhost.net and will only be processed in the cases of service non-performance that might be caused by Digital Host Network's side, Refund requests will be refused if it's requested for any cause that's out of Digital Host Network's side, 

For example:

- Domain transfer failure.

- Failure of any third party programs that are not supported by Design and Host

- Customers leakage of experience in dealing with web basics and communication protocols

-Network outages beyond our control such as DOS attacks to the network

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Design and Host Harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Design and Host, Its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns.

 Customer agrees to defend, indemnify and hold harmless Design and Host Against liabilities arising out of:

(1) any injury to person or property caused by any products sold or otherwise distributed in
connection with Digital Host Network's server.
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
(3) copyright infringement.
(4) any defective products sold to customer from Digital Host Network's server.

DISCLAIMER

Design and Host Will not be responsible for any damages your business may suffer, Design and Host Makes no warranties of any kind, expressed or implied for services we provide.

Design and Host Disclaims any warrantor merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Design and Host and its employees.

Hosting policies

(Terms of Service (TOS) and Authorized Use Permit (AUP))

The Basics (but not limited to) in plain English:

1. Nothing illegal! - no illegal spamming, unsolicited email (opt-ins are ok), warez, serial numbers, cracks, codes, stolen MP3's etc...

2. No Adult anything.

3. No Server abuse.

4. We bill monthly - or yearly your choice..

5. If you violate any of the above policies, Design and Host will cancel your account (we always contact you first).

This document contains the general terms and conditions on which Design and Host (we, us, our) provide:

1. domain name hosting services or accounts

2. email services or accounts

3. web hosting services or accounts - personal web space and reseller

4. associated services or software (such as account management software, helpdesk support or content filtering).

Who is the Subscriber (you, your)?

The subscriber in this document is the person who provides their personal details when purchasing a web hosting service by telephone, in writing or by using Design and Host's on-line sign up page. By signing up on-line, over the phone or by signing a written application, you promise that you are over 18 years of age. If not then you are not authorised to sign up to our service. You may, however arrange for a parent or guardian to sign up instead of you.

The Legal Version

Authorized Use Policies (AUP)

(for all accounts) Design and Host (Design and Host ) has certain ethical, legal and moral responsibilities consisting with the use of its servers and equipment involved in the services of web site hosting, marketing and design. Design and Host reserves the right to suspend, deny or cancel a subscriber's access to any or all services provided by Design and Host whenever Design and Host decides the services it has rendered have been inappropriately used. Use of Design and Host 's service constitutes acceptance and agreement to our policies.

Web Site, Server, and Network Content/Use Provisions

(for all accounts) All services provided by Design and Host and its underlying service providers may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian federal, state or city law is prohibited. This includes, but is not limited to: any material that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction material we judge to be threatening, obscene, profane or objectionable in any way, violent or teaching violence, material that would cause harm to minors, threats and harassment, forgery, fraud, unfriendly network disruptions, and distribution of viruses. The subscriber is also responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. 

The subscriber agrees to indemnify and hold harmless Design and Host from any claims resulting from the use of the service which damages the subscriber or any other party. The subscriber also agrees that Design and Host may disclose, without subscribers consent, any and all information related to the subscriber and their service with Design and Host to any law enforcement agent who makes a written request.

Design and Host is not responsible for any material input by anyone other than Design and Host and/or posted to the Design and Host network by anyone other then Design and Host . This includes the content and links on websites hosted by Design and Host . Design and Host disclaims any liability and responsibility relating to inappropriate use or inappropriate content of anything hosted by Design and Host that Design and Host did not solely create and post to the Design and Host network.

Pornography and sex-related merchandising are prohibited on any Design and Host server. Design and Host will be the sole arbiter as to what constitutes a violation of this provision. Design and Host also reserves the right not to host sites that it considers, in its sole discretion, to be religiously or racially offensive or inflammatory. Design and Host will not host warez sites or anything related to, promoting, or offering warez, serial numbers, cracks, illegal mp3's or anything else that would considered illegal by the laws governing the citizens of the Australia and its states.

With the few exceptions listed above and below, we support the uncensored flow of information and ideas over the internet. We do not actively monitor the information that our subscribers transmit and receive, however, we do react immediately to any alleged violations of any of our policies in which case we reserve the right to monitor anything on our network and any packet of information that traverses our network.

The subscriber is responsible for sending mail in accordance with any relevant legislation, including but not limited to the Commonwealth Spam Act (2003) and for sending the same in a secure manner. Design and Host will take all reasonable steps to ensure accurate and prompt routing of messages but will not accept any liability for non-receipt or misrouting or any other failure of email. In the event of deliberate transmission of unsolicited commercial email (UCE), Design and Host reserves it right to terminate services without prior notification.

Bandwidth usage for dedicated and collocated servers: (for dedicated and collocation accounts) Subscriber agrees to pay for all bandwidth they use that is above the amount included in their package, at the current rate which is listed on Design and Host 's dedicated server page. Subscriber may elect to have their bandwidth capped at any amount at their choice, or they may elect to have no cap and simply pay for the additional bandwidth used above what is included in subscribers package.

Background-running Programs: (for virtual accounts) Design and Host may allow programs to run continuously in the background. These are considered on an individual basis and an extra charge may be incurred based on system resources used and operational maintenance needed.

IP address's: (Applies to dedicated and co-location subscribers only, does not apply to virtual accounts.) All IPs that are assigned to Design and Host 's subscribers must be used under the authorized use stipulations within 24 hours of being assigned the IP. Authorized use stipulations are taken from ARIN, the organization that manages IPs. There are to be no unused IP's on Design and Host 's networks, except those in reserve for Design and Host to assign its subscribers on an as needed basis. subscribers are only allocated IPs that they will use within 24 hours. Subscribers are not allowed to keep IP's in reserve.

Design and Host assigns and allows its subscribers to use IP addresses that are owned or are given to Design and Host to use. Design and Host retains ownership of all IPs assigned to subscribers. Name-Based hosting must be used where possible as per ARIN rules.

Server Abuse Issues: (for all accounts) Any attempts to undermine or cause harm to Design and Host servers or the servers of its underlying service providers or a subscriber of Design and Host or its underlying service providers is strictly prohibited.

Network Security: (for all accounts) Design and Host shall use reasonable endeavours to ensure the integrity and security of the Server, however we do not guarantee that the Server will be free from unauthorised users or hackers. Subscribers are prohibited from violating or attempting to violate the security of the Design and Host network or any of its other subscribers, and should a violation take place, civil or criminal liability may result.

Design and Host will investigate any alleged violations and cooperate fully with law enforcement. Violations include but are not limited to the attempt to login to any machine which the subscriber is not exclusively paying for, interfering with any service by dos attacking, mail bombing or anything else that would be detrimental to the services that Design and Host provides, attempting to probe or scan or test vulnerability of any machine on the Design and Host network, forgoing any IP address, and taking any action in an attempt to receive services that the subscriber is not paying for. A violation of any of the above may result in immediate removal from the network.

Design and Host does not warrant whatsoever that our virus protection services on our servers will stop every virus from reaching the subscriber's computer network. Design and Host makes no warranty that the service will be error free or free from interruption of failure, and Design and Host expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.

Resellers - Any sub-networks or re-seller networks of Design and Host must adhere to all of the Design and Host policies above and following:

You agree that in your capacity as reseller of Design and Host services, that you will not incur any liability on the part of Design and Host or in any way pledge or purport to pledge our credit or purport to make any contract binding on Design and Host.

Design and Host does not accept the liability or default of your own customers as affecting or limiting your obligations under this agreement and we suggest that you require your customers to sign a form of this agreement.

As a reseller of Design and Host Services, you are responsible for ensuring that any promotional, advertising or other material you distribute to your customers (whether in paper form or electronically):

a. does not contain any misrepresentation relating to Design and Host or the nature of your relationship with Design and Host:

b. is in accordance with all applicable advertising standards;

c. does not contravene any law of the relevant jurisdiction;

d. is appropriate in all the circumstances;

and that you otherwise comply with all laws and regulations governing the exercise of your right as reseller under this agreement.

e. retain the right to require you to cease distribution of any advertising, promotional and/or other material which in our view is unacceptable by reference to the criteria referred to at paragraph 4 above.

You agree to indemnify, keep indemnified and hold Design and Host harmless from and against any claim brought against it by a third party resulting from the provision of our Services by you to your customers, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities whatsoever suffered and howsoever incurred by us as a consequence of your breach or non-observance of the Reseller and ISP Terms.

Any sub-networks or re-seller networks of Design and Host must adhere to all of these policies.

Terms of Service (TOS)

Right To Refuse Service and Cancel Accounts: (for all accounts) Design and Host reserves the right not to accept accounts for hosting for any reason it deems appropriate. We also reserve the right to cancel an account at anytime, for any reason, other than those stated specifically in this policy statement, with 5 working business days notice. Accounts that violate any of the policies specifically stated herein, including late payment or non-payment of fees owed, may be cancelled with no notice.

Communication

(for all accounts) Our primary means of communications with clients, including for billing purposes and technical support is by email. You must supply us with your current email address so that we may contact you at any time. We cannot be held responsible for not notifying you of any changes to our services or your account cancellation if you do not supply us with your correct and current email address. You should check your email regularly to make sure you do not miss an important notice. We do have a phone number for subscribers to call 0418 885 446.

Passwords

You must keep confidential the password you use to subscribe to the service. You remain responsible for any use of the service made using your password.

Technical Support

(for all accounts) Design and Host shall use reasonable endeavours to provide continuing availability of the Server and the Services but Design and Host shall not, in any event, be liable for Service interruptions or down time of the Server. Technical Support is available 24/7/365 from our website 

 Email technical support is available at sales@designandhost.net. Priority is given to the Help Desk in all cases - phone support is not given priority except in emergencies. For all virtual accounts, tech support covers connecting to the server, setup, email, path, uploading files issues and more but does dot included troubleshooting and editing your perl or other scripts or databases.

Deactivation and Termination

(for all accounts) If any of these terms or conditions are not followed it will result in grounds for account deactivation. Any account on Design and Host servers that is an adult site, contains illegal content as stated in this agreement, caught spamming (sending any unsolicited email legal or not), violating any of Design and Host 's hosting policies, or abusing the server in any way will automatically be terminated. We may terminate this agreement immediately if you are a company and you go into insolvent liquidation, or if you are a person you are declared bankrupt. 

We reserve the right to remove any account without notice if any of the terms or conditions stated herein are violated. If such an occurrence takes place, the fees for that month/quarter/yearly service will not be refunded to the subscriber. Fees for the entire month/quarter/year are due if the account is active even just one day of that period. 

On termination of this agreement Design and Host shall be entitled immediately to block your Web Site and to remove all data located on it. After holding the data for a period of no longer than five working business days, Design and Host shall be entitled to delete all such data if it has not been retrieved at the subscriber's expense. Data retrieval is charged to the subscriber at a fee of $25.00 Design and Host shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.

If we deem it necessary to cancel an account for any reason other than those specifically stated in this document, we will give you a five working business day notice of cancellation by email.

If you wish to terminate your account with Design and Host, the subscriber must notify Design and Host by email sales@designandhost.net within five working business days of the account renewal date. Verbal instruction for cancellations will not be accepted. Your account will be automatically renewed for the same subscription period and you will be liable for, and immediately invoiced upon the commencement of, such additional subscription period if Design and Host does not receive email authorization for account termination from the subscriber.

There will be no credits or refunds to the subscriber's account once an invoice has been generated. On receipt of a subscriber's termination request, Design and Host will endeavour to cancel that account at quickly as possible.

Design and Host reserves the right to make any changes to its policies and Hosting plans, pricing, and features offered at any time as necessary and in no way implies fitness of purpose warranties. Design and Host reserves the right to refuse service to anyone. Design and Host reserves the right to determine what violates any of Design and Host 's policies.

Payment Policies

(for all accounts) All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. The subscriber is responsible for all money owed on the account from the time it was established to the time that the subscriber notifies Design and Host in writing for a request for termination of services (see deactivation and termination above). All payment is in Australian currency and must be prepaid via direct deposit, credit card, cheque, money order, and mailed 10 work business days in advance of due date.

Subscribers may prepay multiple months in advance however a discount applies only when a discount is advertised on Design and Host's website. 

There may be a $10 late fee for all payments that are not on time. This includes all credit card payments that do not go through as of the due date of the monthly payment due to the card being declined or expired, no longer good, or any other problem. It is the subscribers responsibility to inform Design and Host of any changes in their credit card information including expiration dates.

The subscriber authorizes Design and Host to use whatever means necessary to effect payment for overdue accounts or cancellation fees, if any. This includes making the charge to the subscribers credit card, even if the subscriber does not usually pay by credit card. Once an account is 30 days overdue for payment, the account will be suspended if prior arrangements with Design and Host have not been made.

For cheques, Design and Host may choose to suspend the provision of services if the subscriber does not make payment within the times set out above until we have received your cheque and it has been accepted as cleared funds by our bank. Suspension of account will cause loss of website service and email service to and from that account. Design and Host reserves the right to turn over any debts owed to Design and Host to a collection agency or to attorneys in that order.

If the subscriber desires domain name registration:

Design and Host do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, the subscriber 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.

Both the 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 for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.

We accept no responsibility in respect of the use of a domain name by you and 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. 

We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.

The subscriber acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other services are set to expire. It is the responsibility of the subscriber for all domain registration payments.

 The subscriber is to ensure that the subscriber's domain does not expire unless the subscriber so chooses. Domain registration renewals are the sole responsibility of the subscriber. Design and Host accepts no responsibility for domains pertaining to the subscriber which may expire. The payment policy for domain registration is the same as all accounts.

Web Site Hosting/email/Secure Web

Refunds and Disputes

(for all accounts) All payments to Design and Host are non-refundable. Monthly and Quarterly accounts are non-refundable. Yearly accounts are non- refundable, including Domains. 

 If you dispute a charge made to your credit card by Design and Host and it is found that the charge was valid, you agree to pay Design and Host a $100 administration fee. Design and Host reserves the right to cancel service at any time. Any violation of policies which results in extra costs to Design and Host will be billed to the Subscriber (i.e. transfer, space etc.)

Service Rates

(for all accounts) Subscriber acknowledges that the initial costs and specifications of the service that the subscriber is subscribing to have been disclosed to the subscriber. Design and Host reserves the right to change pricing and specifications of its service at any time due to market fluctuations, cost to provide service, changes in cost of hardware etc... 

When changes are made to pricing or specifications of the service Design and Host is providing that result in lower pricing or in better specifications, Design and Host will make every effort to pass those changes on to the subscriber, however, in some circumstances additional fees will apply. When changes are made to pricing or specifications of the service Design and Host is providing that result in higher pricing or in lower specifications, Design and Host will make every effort NOT to pass those changes on to the subscriber. 

Design and Host is not obligated to change the rates and specifications of subscribers existing service for any reason at any time, and it will be at the sole discretion of Design and Host and based on financial evaluations of what is required to keep Design and Host a profitable operating business, able to provide the highest quality services to the subscribers.

Term (length) of service

(for all accounts) All hosting packages are yearly, quarterly, month to month billing with the minimum being 1 month. Design and Host does not pro-rate monthly billing fees. Design and Host does not require any long-term contracts for any of its accounts.

Indemnification.

(for all accounts) Subscribers agrees that it shall defend, indemnify, save and hold Design and Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Design and Host , its agents, its subscribers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by subscriber, it's agents, employees or assigns. Subscribers agrees to defend, indemnify and hold harmless Design and Host against liabilities arising out of; 

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Design and Host's server; 

(2) any material supplied by subscriber infringing or allegedly infringing on the proprietary rights of a third party; 

(3) copyright infringement and 

(4) any defective products sold to subscriber from Design and Host's server. 

This means if Design and Host is sued because of a subscriber or a subscriber of an Design and Host's subscriber's activity, the subscriber will pay for any and all damages and associated court costs and attorneys fees that Design and Host incurs

Disclaimer

Design and Host will not be responsible for any damages your business may suffer, Design and Host Makes no warranties of any kind, expressed or implied for services we provide.

Design and Host Disclaims any warrantor merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Design and Host and its employees.

Design and Host Reserves the right to revise the above mentioned policies at any time.

Dispute resolution and governing law

(for all accounts)

This agreement shall be governed by the laws in force in the state of Queensland, Australia. Both parties hereby submit to the exclusive jurisdiction of the Courts of that State.

Federal and state legislation may give you additional rights beyond those set out in these terms and conditions. Also, such legislation may imply additional terms or warranties in these terms and conditions which cannot be varied. Nothing in these terms and conditions is intended to be inconsistent with, or vary, such rights, terms or warranties.

Design and Host Reserves the right to revise the above mentioned policies at any time.

 end