Digital Catalyst agrees to furnish services to the "Subscriber," subject to the following TOS (Terms of Service).

Use of Digital Catalyst Services constitutes acceptance and agreement to both Digital Catalyst's TOS (Terms of Service) and Digital Catalyst's AUP ( Acceptable Use Policy ). The TOS and AUP may be changed from time to time at the discretion of the Company. Subscriber understands that changes to the TOS and / or the AUP by Digital Catalyst shall not be grounds for early contract termination or non-payment by the Subscriber.

1. Term : Ongoing until 7 days written notice is given by either of the parties.

2. Service Cancellation

•  Service may be cancelled at any time by contacting us at http://www.digcat.com/contact.asp

•  Digital Catalyst offers refund on the monthly hosting fees to the customer upon cancellation made prior to the first 30 days of the first payment for the Service. This refund does not include any setup fees or domain name registrations.

•  Digital Catalyst issues no refunds for cancellation of monthly subscriptions.

•  All 3 months, 6 months and annual plans can be cancelled at any time. Should the subscription be cancelled before the subscription due date, the Subscriber will be provided with a refund. The refund amount will be calculated based on monthly subscription term.

3. Fees

•  Digital Catalyst does not extend credit to Subscribers. All services must be paid for in advance of service delivery. Subscribers will automatically be charged an amount equal to their next monthly service fees when they exceed their monthly transfer allotments, bandwidth commitments, or other pre-paid services and the charges will be reconciled at the end of the month.

•  Monthly fees and charges for extra metered services are automatically billed to your account. Digital Catalyst is responsible for monitoring transfer, bandwidth and space utilization, and other metered services.

•  In order to prevent service interruption in the event that metered utilization exceeds pre-paid service level Subscribers must keep their account current and the payment must be received before the commencement of the period in which it is due.

•  All invoices are due upon receipt and will be considered overdue 14 days past the date received. A late fee of 3% per month may be charged on any overdue invoices.

•  All fees described above must be paid in addition to the cost of services ordered to establish or maintain a customer account. Digital Catalyst does not issue refunds or credits except as explicitly specified within this Terms of Service.

•  If the Subscriber has not fulfilled its dues to Digital Catalyst, the Service will be suspended until the outstanding amount has been received.

4. Adherence to Acceptable Use Policy (AUP)

•  Subscriber agrees not to allow Digital Catalyst equipment and services to be used for activities specifically prohibited by the Digital Catalyst Acceptable Use Policy (AUP). It is the Subscriber's responsibility to review this agreement prior to executing this contract. The AUP may be updated from time to time and it is the Subscriber's responsibility to regularly check for updates.

•  Subscribers must not allow Digital Catalyst resources to be used for SPAM or Unsolicited Commercial Email (UCE), hosting of content advertised by UCE, perpetration of security breaches or hacking, network attacks, illegal activities, child pornography, fraudulent activity, Trademark or Copyright infringement, virus distribution, and like activities.

•  Subscriber agrees to compensate Digital Catalyst for any expenses Digital Catalyst may incur resulting from Subscriber's violation of the posted AUP, including any fines, fees, legal expenses, and labor for investigation and resolution. The cost of any investigations will be charged to the Customer at AU$150 per hour ex GST during normal business hours. Emergency investigations are charged double-time at AU$300 per hour ex GST with a one hour minimum.

•  Subscriber is responsible for any activity conducted on their account, including unauthorized activity by hackers. This includes any AUP violations or bandwidth or transfer usage caused by hackers. Digital Catalyst will endeavor to assist Subscriber but Digital Catalyst is not responsible for protecting Subscribers from hackers and their actions and use of Subscriber's account.

•  Digital Catalyst does not monitor Subscriber content and activities but reserves the right to disable service or remove content pending investigation of possible AUP violations without first giving notice.

•  Digital Catalyst does not issue refunds for terminating service due to suspected AUP violations.

5. Ownership of Data, Software, Hardware and IP addresses:

All software, hardware and IP addresses provided by Digital Catalyst are leased to the Subscriber and remain the property of Digital Catalyst and/or its suppliers. Digital Catalyst reserves the right to change any network infrastructure, software, hardware and IP addresses at its sole discretion.

Subscriber will provide and transmit to the system software, data and content to be uploaded to the servers and accessed by the general public via the Internet. Upon termination of this agreement, Subscriber agrees to remove all uploaded software, data and content prior to the termination date of the contract. Digital Catalyst will not be responsible for providing access or copies of the software, data or content stored on the system after the final termination date.

6. Service Levels

•  Digital Catalyst may interrupt service to perform maintenance. Digital Catalyst will use its best efforts to inform Subscriber before interrupting service to insure that access loss is minimized. In the event of software or equipment malfunction or failure, Digital Catalyst will provide its best efforts to repair the system as quickly as possible.

•  In the event that Digital Catalyst suspects that server security has been breached, Digital Catalyst reserves the right to disable the server and/or the account in order to facilitate investigation and recovery in coordination with Subscriber.

•  Subscriber agrees that Digital Catalyst shall not be responsible for any service interruptions.

7. Limitation of Liability, Indemnification

•  Upon the discovery of facts which reasonably indicate that Digital Catalyst has breached the terms of this agreement or otherwise failed to perform its obligations under this Agreement, been negligent, or otherwise breached legal duty, Subscriber shall promptly notify Digital Catalyst of such facts and follow up any such verbal notification with a written notice within 30 days of such discovery. The failure to give the foregoing notices shall constitute an irrevocable waiver of all claims and causes of action. Subscriber must commence any legal action against Digital Catalyst with respect to this Agreement within 12 months after the incident giving rise to the claim or cause of action, regardless of when the incident is discovered. If proper notification is given to Digital Catalyst as requested by Subscriber anytime during the twelve (12) month period following such notification, Digital Catalyst shall at its sole discretion and option (i) revise or repeat free of charge the service affected by the failure of performance, negligence or breach, or, (ii) terminate this Agreement and pay Subscriber for all incidents, problems, and/or failures up to a maximum of all sums paid to Digital Catalyst for service fees. Payment will be made via company cheque from Digital Catalyst. The remedies set forth in this paragraph are Subscriber's sole and exclusive remedies should Digital Catalyst breach the above express warranty or otherwise fail to perform its obligation under this Agreement, be negligent or in breach of legal duty.

•  The parties acknowledge and agree that Digital Catalyst shall not be held liable for any consequential damages, including without limitation loss of use or loss of profits, incurred by Subscriber, Subscriber's Subscriber or customer or its subsidiaries or successors, regardless of whether such damages are sustained based upon as alleged breach of contract, negligent act, or omission.

•  Digital Catalyst is not responsible for data or content maintained and distributed by Digital Catalyst facilities. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. DIGITAL CATALYST DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. DIGITAL CATALYST DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

8. Miscellaneous

•  The agreement contains the sole and entire agreement of the parties with respect to the services to be provided by Digital Catalyst, and any and all prior or contemporaneous communications, negotiations, commitments, and understandings related thereto are hereby merged herein.

•  Digital Catalyst reserves the right to amend or otherwise change this agreement by publishing the updated service agreement on the Digital Catalyst Web site at http://www.digcat.com. Subscriber may reject the revised agreement and cancel service with 30 days written notice if the amended terms are not acceptable to the Subscriber.

•  This Agreement shall be construed and enforced in accordance with the laws of Australia with respect to transactions entered into and to be performed entirely within Australia .

•  All written communications shall be directed to the Subscriber using the contact information provided to Digital Catalyst at the time of order unless otherwise instructed in writing by Subscriber. All fees due Digital Catalyst should be mailed to P.O.Box 301 Menai Central 2234 Sydney NSW.

Subscriber has reviewed the current Acceptable Use Policy and this Terms of Service and Subscriber and Digital Catalyst hereby agree by making use of the Digital Catalyst service.