Website Hosting Terms of Service

Illegal Activities
Delonge Design's services may not be used for illegal purposes, or in support of illegal activities. Delonge Design reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm or Endangerment to other people
You may not use Delonge Design's service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use Delonge Design's service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Content
Delonge Design does not allow adult and/or gambling content.

Forgery or Impersonation
Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation.

Renewals, Cancellations, Terminations and Re-activations
All Accounts which expire within the next 30 days will receive a renewal notice at least 14 days prior to the end of the prepaid term. It is the responsibility of the account hold to ensure that services are paid for by their expiration date. The user should inform Delonge Design if they no longer require a service. Delonge Design can and will suspend any hosting account which lapses its due due without payment. A re-activation fee of $49 applies to all suspended accounts. All suspended accounts will be permanently closed after 14 days unless alternative payment arrangements have been made.

Service Level
Delonge Design maintains a subscriber level agreement to ensure fairness in case of extended downtime to our service, the following constitutes our subscriber level agreement: Delonge Design guarantees uptime of 99.9% during a month. It is henceforth understood that Delonge Design will not be liable for any downtime credit unless our combined downtime period exceeds 45 minutes in a month (due to a fault of our network). A compensation of 50% of that months service charge will be credited to your next bill. All downtime credit claims, must be made prior to each billing period to our billing department at accounts@delongedesign.com.au. Keep in mind that Delonge Design will not apply any credits by default. All credits must be claimed by the subscriber.

Pricing Structure
Delonge Design reserves the right to alter its pricing structure from time to time, however pricing for each customer will not change unless they choose to use the 'Change Plan' feature, in the case that new plans are introduced.

Unsolicited E-mail, News Bombing (SPAM)
Use of the Delonge Design service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Delonge Design account. Anyone hosting websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any account guilty of a second violation will be immediately and permanently removed from our network without notice. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Delonge Design account.

Copyright or Trademark Infringement
Use of the Delonge Design service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Use of the Delonge Design service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Network Disruptions
Use of the Delonge Design service for any activity which affects the ability of other people or systems to use Delonge Design Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. Delonge Design will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. Delonge Design, does not allow the hosting of IRC, IRC Bots, or eggdrops on our network. Accounts found hosting this material will be subject to immediate cancellation without refund. Use of the Delonge Design service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Delonge Design or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Delonge Design account is subject to immediate termination.

Backups and Loss of Information
Although Delonge Design takes all precautions, all users of the service agree to keep backup copies of their entire websites and all content as Delonge Design takes no responsibility for any accidental or wilful loss of or damage to clients information stored on the servers. The user will be charged for restoring lost data.

Abuse Policy
Delonge Design forbids any form of network abuse including but not limited to "denial of service" attacks. Any form of bandwidth abuse, IP abuse or network abuse will not be tolerated. Any user generating any form of abuse will be subject to a 24 hour notice period; this period must be used to clear up any abuse problems emanating from his/her account. If within this period the abuse problem(s) are not resolved, the user will be subject to immediate termination of service without liability or refunds. If a user is found to be deliberately using the Delonge Design network to perform network attacks the user will be permanently removed from our network.

Liability
Our liability for any breach of the term will be limited to the re-supply of the Services. Delonge Design is not liable to you or any other person for any cost, loss or liability including loss of profit, marketing expense or other consequential damage arising from our supply or failure or delay in supplying the Service. You warrant that at the time of entering into this agreement you are not relying on any representation made by us which has not been stated in this agreement, or any other formal quotation document. You accept responsibility for all information and material published through the web hosting service and you will not violate copyright or other intellectual property rights, download, reverse engineer, change, pass on, or sell any software residing on the Delonge Design servers that are not your property.

Security
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Network Security
Delonge Design accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. Delonge Design requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at support@delongedesign.com.au if possible, please provide the IP address used to commit the violation, date and time of the violation, and evidence of the violation.