Webhosting Terms of Service


Webhosting Terms of Service

Updated 08 March 2018

By purchasing any hosting or additional service or product from Digital Mimo (Digital Mimo), you (The Customer) are
entering into an agreement with Digital Mimo that is bound by the Terms of Service (“TOS”) outlined in this document. This
Agreement shall be construed in all respects in accordance with the laws of the state of QLD, Australia applicable to
contracts enforceable in that state. By completing the ordering process, you agree to have read, understood, and be bound
by these Terms of Service.

1. DEFINITIONS

1.1 Hosting service – Any shared, reseller, virtual, or dedicated service used to store and deliver web-based content.

1.2 Additional services – Any product or service that is considered an “addon” to a primary hosting service, or which covers
one-off charges for additional work carried out by a Digital Mimo staff member.

1.3 Resource usage – Any and all allocated resources provided to the customer to allow for the storage and delivery of
the web-based content within a hosting service. This includes but is not limited to disk space, Memory, CPU, Bandwidth

1.4 Subscription – The term (monthly, quarterly, semi-annually, annually, biennially, triennially) applicable to the purchased
service.

1.5 Digital Mimo Control Panel – An account management interface for managing the hosting.

2. FEES

2.1 Payment – Establishment of any hosting or additional service is dependent upon receipt by Digital Mimo of payment of stated
charges as outlined in a Digital Mimo pricing structure or any other documentation or custom quote provided to The Customer.
Subsequent payments are due on the anniversary date of the subscription term in advance for the following subscription
term’s service. All service fees are disclosed within a product description or will be disclosed to the customer prior
to payment being required for any custom quotations or services ordered via phone.

2.2 Setup Fee – The Customer agrees to pay in advance and in full any amount of a non-recurring nature required for the
initial deployment of the purchased hosting service. Any such fees are listed as setup fees in the service description
or will be disclosed in any custom quotations prior to any server provisioning, equipment acquisition or installation
by Digital Mimo.

2.3 Recurring fee – All subscriptions for hosting services provided by Digital Mimo are recurring by nature and the Customer
agrees to pay any recurring fees listed in the Service description in advance each anniversary date until such time as
The Customer submits a cancellation request in accordance with these Terms of Service.

2.4 Non-Refundable Fees – Certain fees paid to Digital Mimo are considered non-refundable due to the nature of the product
or service purchased and this includes but is not limited to the following:

2.4.1 Third Party Products – Products supplied by Digital Mimo where Digital Mimo acts as a reseller for another provider (e.g.
domain registrations, SSL certificates, third party product licenses) are provided as non-refundable products and refunds
cannot be provided once the product has been activated on an account.

2.4.2 Advanced Administration Time – Services where additional labour is to be carried out by Digital Mimo staff are non-refundable
once the additional labour has been carried out.

2.5 Additional Resource Usage fees – Should a Customer exceed the total amount of included hosting resource utilization
as described in Service Definitions the customer agrees that overage fees will apply and be due immediately. Current
pricing for additional resource utilisation is available by contacting us.

2.6 Invoices and Statements – invoices are provided to The Customer by email using the contact email address assigned to
the Customer or any additional billing contacts within the Digital Mimo billing system. Invoices cannot be sent via postal
mail or any other courier style service.

2.7 Statements – Digital Mimo does not provide written or printed statements. However, an account’s invoice history may be
requested by contacting us.

2.8 Failure to Pay – Digital Mimo may temporarily deny service or terminate this Agreement upon the failure of The Customer
to pay a subscriptions applicable recurring fees where the fees reach 7 days past due. Such termination or denial will
not relieve The Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection
fees. Accounts that are not collectable by Digital Mimo may be turned over to an outside collection agency for collection
which may result in additional fees or fines being payable.

3. REFUNDS, DISPUTES AND CANCELLATIONS

3.1 Refunds – All payments to Digital Mimo are non-refundable, in some circumstances a credit note may be provided at our sole
discretion.

3.2 Disputes – All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If
you dispute a charge to your credit card issuer that, in Digital Mimo’s sole discretion is deemed a valid charge under the
provisions of these Terms of Service, you agree to pay Digital Mimo an “Administrative Fee” of not less than $50 and not
more than $150.

3.3 Service Cancellation by The Customer – Digital Mimo provides an ongoing recurring service which will remain active until
such time as The Customer submits a cancellation request by email. Requests for canceling accounts must be submitted
30 business days prior to the next due date to ensure no further fees are payable. Cancellation requests are to requested to us.

3.3.1 No Cancellation Fee – Digital Mimo does not charge a cancellation fee and does not refund prepaid fees except where the
Money Back Guarantee is applicable.

3.3.2 No Access to Account – If The Customer wishes to cancel a service and is unable to access the Digital Mimo Control Panel
for any reason, The Customer must make contact with Digital Mimo by contacting us to obtain necessary
login information or instructions to proceed with the cancellation request.

3.3.3 Customer Data – Upon successful cancellation of a hosting service, all data stored within the cancelled service will
be securely destroyed. Digital Mimo does not provide any guarantees that The Customer’s data will be retrievable once the
cancellation process has been completed.

3.4 Service Cancellation by Digital Mimo – Digital Mimo may cancel The Customer’s hosting service for any breach of these Terms
of Service or the
AUP without prior notification. Digital Mimo does not provide any guarantees that The Customer’s data will be retrievable
once the cancellation process has been completed.

4. ACCOUNT OWNERSHIP

4.1 Account Owner – The highest authority of a single Digital Mimo Control Panel Account is considered the Account Owner. Individual
hosting or additional services that are associated with an account, are controlled by the Account Owner and modifications
and updates to an account’s information can only be actioned by the Account Owner or their Authorised Additional Contact.
The Account Owner is established at the time the account is created. The details of an Account Owner must be that of
a real person. It is not permitted to use fictitious or “fake” names for the details of an Account Owner. Accounts containing
fictitious or “fake” names, and contact details that do not reflect the details of a real person may be suspended or
terminated without notice. 4.2. Account Information – The Customer warrants that all information provided to Digital Mimo
is truthful and correct and accurate and up to date and that the person designated as

the Account Owner is of or above 18 years of age and is legally empowered to act and enter into this contract as The Customer
or on behalf of The Customer as indicated on the relevant application form.

4.2.1 Maintaining Account Information – The Customer is responsible for maintaining the contact information stored within
their account and failure to maintain up to date contact information does not warrant the waiving of any fees, overdue
fees, or warnings issued by Digital Mimo.

4.3 Authorised Additional Contact – The Account Owner may add and authorise an additional contact person or persons to
act on their behalf. The Account Owner is limited to adding one additional billing contact and a maximum of three additional
technical contacts and accounts found to have more than the allowed maximum additional contacts will be requested to
remove the excess to ensure adherence to the limits.

For any additional contact added to an account to be able to request account modifications, the Authorised Additional Contact
must be configured as a sub-contact with their own login information and have appropriate permissions set. If the Authorised
Additional Contact is not activated as a sub-account, the contact will only have limited permissions to support for a
service and will not be able to request configuration changes to the hosting or DNS.

4.4 Account Transfer – The Account Owner role can be transferred to another Authorised Additional Contact or Digital Mimo Customer
by contacting our billing support team by contacting us.

4.5 Account Closure – An account will be automatically deactivated when no active hosting or additional services are being
operated under the account.

5. DOMAIN REGISTRATIONS, TRANSFERS AND RENEWALS

5.1 Domain Registrations – successful domain registrations that have completed the registration process and are considered
active by the Domain Registrar are final and cannot be cancelled or refunded. Some domain extensions may require additional
information to complete the registration and Digital Mimo provides no guarantees that an ordered domain registration will
be successful. It is The Customer’s sole responsibility to ascertain what information is required to register a particular
domain prior to placing any domain registration orders.

5.2 Domain Transfers – Domain transfers typically take 5-7 days to complete once final authorisation has been received
by the Domain Registrar, with the exception of .au

domains which take 48 hours once final authorisation has been actioned. Digital Mimo has no authority to speed up a domain
transfer and cannot place any guarantees on how long a transfer will take to complete. The Customer must ensure all contact
information is updated with current Domain Registrar and the appropriated transfer codes have been obtained prior to
placing a domain transfer order with Digital Mimo.

5.3 Domain Renewal – Domains must be renewed prior to their expiration date to avoid the domain becoming inactive. Multiple
notifications are sent to The Customer advising them of upcoming domain renewals starting from 30 days prior to the listed
expiry date. Digital Mimo has no control over keeping the domain active once it has reached its expiry and does not take
responsibility for a website becoming inaccessible due to The Customer not renewing their domain.

6. GENERAL TERMS AND SUPPORT BOUNDARIES

6.1 Support Boundaries – Digital Mimo provides technical support to its direct customers only and does so in accordance within
defined support boundaries. Digital Mimo’s support is designed to assist customers with the use of and connections to the
hosting service and does not extend to diagnosing or fixing issues that relate to the coding of a website or web application
hosted within The Customer hosting service. Full details of Digital Mimo’s support boundaries are provided in the following
documents: Support Boundaries and may be requested by contacting us.

6.1.1 Support to Customers of The Customer – Digital Mimo does not provide direct technical support to customers of The Customer.
Resellers, Affiliates, Dedicated and VPS customers, and customers who have multiple individual hosting accounts under
a single Digital Mimo Control Panel account must not advise their customers to contact Digital Mimo directly and should instead
contact Digital Mimo on their customer’s behalf. Digital Mimo is happy to assist with all support issues that fall within the
scope of our support boundaries when contacted by The Customer.

6.2 Advanced Support – Where Digital Mimo can and agrees to provide advanced support to The Customer, additional service fees
are required for the provision of the advanced support. Fees for advanced support are payable in advance based on the
time estimated by Digital Mimo for the additional task to be carried out. Digital Mimo provides no guarantees that an issue or
task will be resolved within the estimated time, and if further time is required, additional advanced support time will
need to be paid for prior to any further labour being carried out.

6.3 Responsibility for Content and Account Activity – The Customer is solely responsible for the content stored on and
served by the hosting service purchased and the activity of any scripts or email services created under the hosting service.
The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under
the hosting service are free from malicious content that may harm any part of the Digital Mimo infrastructure, other client
accounts hosted by Digital Mimo, or the external systems of visitors viewing the hosted content.

6.3.1 Acceptable Usage – The Customer must ensure at all times they comply with
Digital Mimo’s Acceptable Usage Policy (AUP) and must not host any content or allow any account activity that breaches
the
AUP. Breaches to the
AUP are governed by the following conditions:

6.3.1.1 First violation – When Digital Mimo determines a hosting service has violated any element of the
AUP, The Customer shall receive an email warning advising of the violation. The hosting service may at Digital Mimo’s
discretion be subject to a temporary suspension until the customer to agrees to cease any violations, at which point
Digital Mimo will unsuspend the service.

6.3.1.2 Second Violation – When Digital Mimo determines a hosting service has committed a second violation of any element of
the
AUP, the hosting service shall be subject to immediate suspension or termination without further notice.

6.3.1.3 Suspension of Service or Cancellation – Digital Mimo reserves the right to suspend access to The Customer’s hosting
service if in the judgment of Digital Mimo The Customer’s service is the source or target of the violation of any of the
terms of the
AUP or these terms of service. If inappropriate activity is detected, all accounts of The Customer in question will
be deactivated until an investigation is complete. Prior notification to the Customer is not assured and in extreme cases,
law enforcement will be contacted regarding the activity. The Customer will not be credited for the time the hosting
service is suspended.

6.3.2 Web applications – The Customer must ensure all web applications utilised on the hosting service are kept secure,
patched and up to date. Open source applications are vulnerable to attacks via exploits in the software, and the developer’s
of the software generally provide updates when vulnerabilities have been detected. It is The Customer’s responsibility
to install any and all updates/patches to maintain the application’s security. If The Customer does not have the required
skill to perform the updates, The Customer will need to employ the services of a Web Developer who is able to assist.

6.3.3 Maintaining Compatibility – The nature of shared hosting environments and server applications such as Apache, PHP
and MySQL is that they are constantly being updated to maintain stability, performance and security. Keeping web based
applications patched and up to date ensures both a secure website and data, and is also essential to maintain compatibility
with changes in server applications. Digital Mimo incrementally updates all server applications on a regular basis and it
is the responsibility of The Customer to maintain installed web applications to ensure compatibility with the latest
stable and supported releases of all server applications.

6.4 Resource Usage – All hosting services purchased have a variety of resource limitations applied in accordance to the
applicable plan associated with the service. It is The Customer’s responsibility to ensure their hosting service does
not exceed the resources allocated and to upgrade their service if it is determined more resources are required to continue
the smooth operation of a hosting service.

6.4.1 Resource Usage Abuse (excludes Dedicated Server Customers) – Digital Mimo implements per account resource restrictions
on all Shared, Reseller and VPS hosting services which will vary from plan to plan. In addition to these, customers must
not:

  1. Use 50% or more of the allocated CPU resources for more than 60 seconds.
  2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons,
    such as IRCD.
  3. Run an account on any shared or reseller server as a file store for content not related to the operation and delivery
    of their web applications or that may breach the
    Digital Mimo AUP.
  4. Run any type of indexing software on any shared or reseller server.
  5. Run any software that interfaces with an IRC (Internet Relay Chat) network.
  6. Run any type of bit torrent application or tracker or participate in any illegal file-sharing activities.
  7. Run cron tasks on a shared or reseller server with intervals of less than 5 minutes.
  8. Run excessively large MySQL databases on shared or reseller servers. Databases with an excessive number of MySQL tables
    (in excess of 1000) or of a size greater than 1GB can negatively affect the performance of the server and are strictly
    forbidden.
  9. Run any MySQL queries longer than 15 seconds on shared or reseller servers. MySQL tables should be indexed appropriately
    and regularly maintained to ensure individual tables do not contain an excessive number of rows.
  10. Store multiple backups of a hosting service on any shared hosting server. Backup archives created by a server’s backup
    tools are designed to be downloaded off the server for maintaining offsite backups. Making backups that contain other
    backup archives can cause heavy load on the storage arrays and is strictly forbidden. Any hosting services found to
    have multiple backups on the server may have them removed without prior notification.
  11. Generate backups on Shared or Reseller Hosting for accounts consuming greater than 15GB of disk space. You must first
    contact Technical Support and then a backup will be generated for you.
  12. Store emails in the trash folder for longer than 30 days. Emails that have been in the Trash folder for more than 30
    days will be automatically deleted.
  13. Use excessive VPS Resources due to misconfiguration. Where a customer has a self-managed or managed VPS we may make minor
    configuration changes without notice if that server’s configuration is negatively affecting other VPS Servers on the
    same host node.
  14. Store files in the cPanel trash folder. When files are deleted using the File Manager in cPanel they are temporarily
    stored in the cPanel Trash Folder. This folder containing deleted files will be automatically cleared every 30 days.

6.4.2 Inodes – Every file hosted on Digital Mimo servers uses 1 inode and accounts considered to be using an excessive number
of inodes on shared or reseller servers will be required to upgrade their hosting service or remove some of the files
from their hosting service. For shared and reseller hosting services an inode count of 250,000 or more is considered
excessive and is generally the result of issues within a web application or a web application configuration that is not
appropriate for a shared hosting environment. We recommend maintaining less than 100,000 inodes per account for optimal
performance. For VPS hosting an inode count of 4,000,000 or more is considered excessive.

6.4.3 Bandwidth / Data Transfer Monitoring – Bandwidth / Data Transfer is monitored in a variety of ways across our range
of services as outlined below:

  1. Shared Business and Reseller hosting plans that include “Unlimited” bandwidth are only monitored for high usage. This
    is done to ensure services using large amounts of bandwidth are doing so in accordance with our Terms of Service.
  2. All bandwidth is monitored on a calendar month cycle and may not correspond to the exact billing cycle of the service.
  3. Customer alerts are sent to the registered contact email address on file prior to any fixed bandwidth quota being reached.
    It is the customer’s responsibility to contact Digital Mimo to apply a suitable upgrade or add-on for the affected service
    to cover any extra usage beyond the fixed plan quota.
  4. For Shared hosting plans with fixed bandwidth quotas, exceeding the assigned quota will result in overage charges being
    applied. To avoid the higher overage charges, the service needs to be upgraded to the next plan that provides sufficient
    bandwidth to meet the customer’s requirements.
  5. For Reseller hosting plans with fixed bandwidth quotas, exceeding the assigned quota will result in the Reseller service
    and all sub-accounts being suspended until the plan is upgraded with additional bandwidth. to purchase additional bandwidth,
    the service needs to be upgraded to the next plan that provides sufficient bandwidth to meet the Reseller’s requirements.
  6. For VPS plans with fixed bandwidth quotas, exceeding the assigned quota will result in overage charges. To avoid the
    higher overage charges, the service needs to be upgraded to the next plan that provides sufficient bandwidth to meet
    the service’s requirements.
  7. For Dedicated and Virtual Dedicated Server plans with fixed bandwidth quotas, exceeding the assigned quota will result
    in overage charges. To avoid the higher overage charges, the service needs to be upgraded to the next plan that provides
    sufficient bandwidth to meet the service’s requirements.

6.4.4 Bandwidth Abuse – Digital Mimo reserves the right to shape, suspend, or terminate the service of any customer that is
causing issues or performance problems for other customers on the Digital Mimo network. Digital Mimo reserves the right in a
situation where a customer’s traffic is causing unviable costs to its business to either charge the customer at a rate
that is viable (change plan/rate) or suspend/terminate the service.

6.5 Gaming Servers – Digital Mimo does not allow gaming servers on any part of our network. Services that are found to be in
breach of this clause face immediate suspension without prior notification.

6.6 Media Streaming – Digital Mimo does not allow media streaming on Web Hosting, Reseller Hosting, Blaze or VPS plans. Customers
wishing to deliver media-streaming services should use Dedicated Server Plans. Services that are found to be in breach
of this clause face immediate suspension without prior notification.

7. THIRD PARTY TOOLS, APPLICATIONS AND LICENSES

7.1 Third Party Applications and Licenses – Digital Mimo may provide access to additional third party software and/or services
(“Third Party Products “) through reseller or other

commercial agreements Digital Mimo has established with certain vendors (“Third Party Vendors”). Unless otherwise stated, The
Customer understands that product support for Third Party Products is provided by Digital Mimo and not by the Third Party
Vendor. Neither Digital Mimo nor any Third Party Vendor makes any representations or warranties, express or implied, regarding
any Third Party Products. The Customer expressly acknowledges and agrees that use of Third Party Products is at The Customer’s
sole risk and such third party products are provided “as is” and without representation or warranty of any kind from
Digital Mimo or any Third Party Vendor, including without limitation, any implied warranty of merchantability, fitness for
a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement
of third party rights. To the maximum extent permitted by applicable law, neither Digital Mimo nor any third party vendor
will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability
to use any third party product. The Customer agrees to observe the terms of any license and/or applicable end user subscriber
agreement for Third Party Products and The Customer shall be fully liable to Third Party Vendors and/or Digital Mimo with
respect to any improper use of such Third Party Products or violation of license agreements with them and/or applicable
end user subscriber agreements.

7.2 Microsoft Licensing – Where licensing for Microsoft software has been purchased through Digital Mimo, the customer agrees
to abide by the Microsoft Licensing terms, and were user licenses are being purchased, it is the customer’s responsibility
to ensure they accurately report and obtain the appropriate level of user licenses for their uses as outlined in Microsoft’s
licensing terms.

7.3 Feature Availability – Digital Mimo provides no guarantees that any or all of the features available within a Third Party
Product will be supported or made available to The Customer. It is at the sole discretion of Digital Mimo to determine which
features are enabled and whether Digital Mimo will provide support for the use of enabled features.

8. ADDITIONAL LEGAL INFORMATION

8.1 Disclosure to Law Enforcement –
Digital Mimo’s AUP specifically prohibits the use of our service for illegal activities and The Customer agrees that
Digital Mimo may disclose any and all customer information including assigned IP numbers, account history, account use, etc.
to any law enforcement agent who makes a written request without further consent or notification to The Customer. Digital Mimo
reserves the right to immediately terminate any hosting service found to be hosting content and performing activities
of an illegal nature.

8.2 System and Network Security – Users are prohibited from violating or attempting to violate the security of the Digital Mimo
Network. Violations of system or network security may result in civil or criminal liability. Digital Mimo will investigate
occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting
Users who are involved in such violations. These violations include without limitation:

  1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
  2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures
    without proper authorization.
  3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading,
    “flooding”, “mail bombing” or “crashing”.
  4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  5. Taking any action in order to obtain services to which such User is not entitled.

8.3 Disclaimer – Whilst every effort is made to ensure the information provided on the Digital Mimo website and by Digital Mimo
staff is accurate and free from errors, Digital Mimo provides no warranties, either express or implied, including but not
limited to the service’s fitness for a particular purpose, except where to not offer any such warranties would be deemed
unlawful as defined by the Trade Practices Act 1974(Cth).

8.4 Limitation of Liability – Digital Mimo provides no guarantees that any hosting or additional service provided will be free
from errors or interruptions. Digital Mimo will not accept liability for any costs or losses incurred by The Customer that
result from:

  1. the use of or inability to use any Digital Mimo service;
  2. any errors, mistakes, omissions, interruptions, defects, or delays in operation or delivery;
  3. unauthorised access to Digital Mimo’s data or services,
  4. the suspension or termination of services due to breaches of the
    AUP.
  5. the suspension or termination of services due to obligations under law

8.5 Indemnification – The customer agrees to indemnify Digital Mimo from any and all demands, liabilities, losses, costs and
claims, including reasonable legal fees asserted against Digital Mimo, that may arise or result from the use of any product
or service Digital Mimo provides.

8.6 Modification to these Terms – Digital Mimo reserves the right, at any time and from time to time, to amend or to modify
these Terms of Service without prior notice to you, provided that if any such alterations constitute a material change
to these Terms of Service, Digital Mimo will notify you by posting an announcement on the Website. Amendments and modifications
shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such
amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we
encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these
Terms of Services, then you must immediately stop using the Services.