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This document is subject to change
This version updated on 24 May 2013
Current version: http://www.mdg-it.com.au/tos.html
All services provided by M.D.G. IT are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian Federal, State or Local law or the laws of any other relevant jurisdiction, is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless M.D.G. IT, from any claims resulting from the subscriber's use of M.D.G. IT’s services which damages the subscriber or any other party.
Examples of prohibited content include (but are not limited to):
M.D.G. IT will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.
Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
Port Scanning - We do not allow any kind of port scanning to be done on or from our servers or network.
Commercial Advertising - Email - Spamming, i.e. the sending of unsolicited email, from any M.D.G. IT server or any server located on the M.D.G. IT network is strictly prohibited. M.D.G. IT will be the sole arbiter as to what constitutes a violation of this provision. Any mailing lists that send mail using M.D.G. IT servers must be strictly double opt-in, i.e. recipients must confirm the validity of their email address and their intention to receive mail to that address before any further mail is sent to them.
Any bulk mail software used to send messages from M.D.G. IT servers must have demonstrable bounce processing of both soft (e.g. mailbox full) and hard (e.g. no such user) bounces in place.
ShoutCast Servers - We do not allow Shoutcast Servers on shared or VPS packages.
Background Running Programs - We do not allow any kind of background running programs or processes on shared packages. (The aforementioned restriction does not apply to VPS or dedicated platforms).
PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.
Server Abuse - Any attempts to undermine or cause harm to an M.D.G. IT server or subscriber of M.D.G. IT is strictly prohibited including, but not limited to:
You will be held responsible for all actions performed by your account whether it be done by you or by others. All sub-networks of M.D.G. IT and all dedicated servers must adhere to the above policies.
Any shared hosting account using 10% or more of the server CPU or memory can be suspended and/or terminated. Any other account type using excessive server CPU or memory, the definition of which is at M.D.G. IT’s sole discretion, can be suspended and/or terminated. In the case of VPS accounts, the threshold for "excessive" use will always be above any RAM and/or CPU allocations guaranteed under the respective VPS service plans. Excessive CPU/memory use restrictions do not apply to dedicated servers.
Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.
Background Processes. Unauthorized background processes on shared packages can result in immediate termination of the account. M.D.G. IT maintains the right to cancel accounts at its discretion. Any processes which potentially breach security or may otherwise disrupt network services can be terminated, and the associated account suspended, at M.D.G. IT’s sole discretion, and without limiting the applicability of any other of these Terms of Service.
MagentoPro plans are sold on the understanding that the account will host one (1) Magento backend, connected to one database. Clients are welcome to run multiple stores using this one backend. Magento Accelerate plans may have up to two independent Magento installations, each with its own database. No such restrictions are placed on VPS or dedicated server clients.
The guaranteed uptime for network services is 99.9% each month. All M.D.G. IT servers are continuously monitored to ensure rapid rectification of any problems. M.D.G. IT staff are notified of any server faults within minutes, 24 hours a day.
If network availability for a given month is below the level prescribed above (excluding scheduled maintenance and outages caused by customers or their agents, circumstances beyond M.D.G. IT's reasonable control, including, without limitation, acts of any governmental body, war, terrorism, denial of service attacks, or unavailability or delay in telecommunications or third party services (including DNS propagation)), M.D.G. IT will credit the monthly service charge to the subscriber's account according to the following table:
Availability - (Credit)
To receive this credit, the subscriber must contact M.D.G. IT requesting the credit within 30 days of the end of the month for which credit is requested.
M.D.G. IT will make commercially reasonable efforts to provide services at all times. The Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime") and causes beyond M.D.G. IT’s control or which are not reasonably foreseeable by M.D.G. IT, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. M.D.G. IT will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. M.D.G. IT has no responsibility for downtime resulting from a user's actions.
The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month's billing cycle. The account will be charged again on the same day of the month as the order was processed, in subsequent billing cycles.
Accounts will be disabled if payment is not received within 1 week of the invoice due date (2 weeks after date of issue).
If the account is not paid within 30 days of the invoice due date, the account will be terminated and all information within the account will be deleted.
Valid proof of account ownership will be required to terminate an account. Termination of account in a given month requires at least ten days notice prior to that month's billing date, otherwise account termination and billing termination will not take effect until the subsequent month's billing date.
All services such as backup and cPanel are provided as a courtesy to the subscriber. While every effort is made to preserve backup data, it is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. M.D.G. IT is not responsible for lost data or for lost data due to third party software that is not maintained by M.D.G. IT programming staff.
Nothing in this web site shall be construed to imply any affiliation between M.D.G. IT and any other company, with the exceptions of those entities stated to be Partners with M.D.G. IT (and therein to the extent specifically stated), and entities who are subjects of Customer Stories (who were clients of M.D.G. IT at the time of those stories' initial publication).
Recovery of damages from M.D.G. IT may not exceed the amount of fees it has collected on the account.
Terms of Service are subject to change with one week’s written notice. Written notice will be deemed to include notice sent by e-mail to the primary e-mail address we have on file. This notice will be deemed to take effect immediately upon it being sent by us; successful delivery and/or receipt of such notice is the sole responsibility of the subscriber.
These Terms of Service are a legally binding contract between the subscriber and M.D.G. IT.
By opening an account, the subscriber agrees to the above-stated terms.
Anything not listed in the Terms of Service is open to interpretation and change by M.D.G. IT administrators without prior notice.
All prices, with the exception of explicitly stated money back guarantees, are non-refundable and non-negotiable.
Any violation of these Terms of Service will result in termination of the account. M.D.G. IT maintains the right to terminate accounts without prior notification.
We reserve the right to remove any account with 15 days prior notice.
You agree that your sole and exclusive remedy to any issues relating to the M.D.G. IT Hosting Service is to discontinue using the Service.