Terms & Conditions

1. General

These Terms and Conditions ("Agreement") govern the use of the services ("Service") provided by EmDash Hosting (Host Local) ("we", "our" or "us"). This Agreement represents the whole agreement and understanding between EmDash Hosting (Host Local) and the individual or entity who subscribes to our services ("Subscriber" or "you").

PLEASE ENSURE YOU READ THIS AGREEMENT CAREFULLY. By subscribing to our Service or continuing to use our Service, you agree to and will comply with the terms and conditions set out in this Agreement. EmDash Hosting (Host Local) may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that EmDash Hosting (Host Local) believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party or against applicable law.

EmDash Hosting (Host Local) may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting the modified Agreement to https://em-dash.app/terms . You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.

2. Services

EmDash Hosting (Host Local) offers Subscribers managed website hosting services for the duration of the service term purchased.

Services are provided on the basis of facility and equipment availability. EmDash Hosting (Host Local) reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Access to hosting services will be terminated upon the expiry of the Service. Details regarding your account can be found in your account portal at https://my.em-dash.app .

3. Web Hosting

Hosting plans are available on a month-to-month basis and will be billed in advance accordingly.

All EmDash Hosting (Host Local) web hosting services will be billed monthly on the anniversary date of the service commencement.

All service trials and promotion offers are considered to be delivered in full upon the completion of the service term stated on the trial or offer invoice found in your account control panel. EmDash Hosting (Host Local) is not obligated to provide reimbursement for any proration or service term adjustment on service trials or promotional offers.

Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All hosting services will renew at the regular renewal rate.

In the absence of a cancellation request from you, your hosting service will be renewed for a successive term, at the regular renewal rate, on the service anniversary day.

4. Service Fees / Payments / Invoices

All EmDash Hosting (Host Local) fees and charges are quoted and billed in US Dollars unless otherwise noted.

EmDash Hosting (Host Local) uses an automated payment processing system via Stripe and only accepts credit card payments. All Subscribers are required to maintain valid credit card information on file for the processing of any applicable service fees.

EmDash Hosting (Host Local) may take any reasonable action to validate your payment and registration information, and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past-due amounts from you, to the extent allowed by law.

Service charges are due at the time of order and on the day of renewal. All billed services must be paid in full. Invoices for all EmDash Hosting (Host Local) services can be found by logging into your account.

Billing enquiries, including disputes, should be brought to EmDash Hosting (Host Local)'s attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.

Accounts will be suspended if their service renewal fees are not paid within 14 days of the due date. Accounts suspended in this manner can be re-activated upon payment of the overdue amount.

EmDash Hosting (Host Local) does not charge you any fees relating to the processing of transactions under your account; however, your financial provider may still charge you a transaction fee for each payment processed. You will be solely responsible for any such transaction fees.

5. Termination / Plan Change / Refund Policy

EmDash Hosting (Host Local) may terminate your Service under the following circumstances (non-exclusive list):

• Non-payment of fees
• You are in breach of any term or condition of this Agreement
• Your use of the Service disrupts EmDash Hosting (Host Local) business operations or affects any other party

All Subscriber data is removed from EmDash Hosting (Host Local) servers for such terminations.

You may request account termination or hosting plan changes at any time by contacting our Customer Service team at support@em-dash.app .

Refunds will not be given for services that are billed monthly. Deleting a site cancels the subscription immediately with no refund or proration.

6. Subscriber Responsibility

When you apply to use EmDash Hosting (Host Local) services, you will be asked to provide an email address and set up authentication. You acknowledge and agree that it is your responsibility to safeguard your account credentials from any unauthorised use. IN NO EVENT WILL EMDASH HOSTING (HOST LOCAL) BE LIABLE FOR THE UNAUTHORISED USE OR MISUSE OF YOUR ACCOUNT CREDENTIALS.

Subscribers are responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated in your account control panel.

7. Prohibited Conduct

EmDash Hosting (Host Local) does not allow the use of unsolicited commercial email ("Spam") to promote products or services hosted on our platform. Any Subscriber engaging in such conduct will be considered in breach of this Agreement and will be suspended from the Service immediately.

Your use of the Service must be in compliance with Australian (Queensland) laws, and the laws of your country at all times.

The following is a non-exclusive list of prohibited content and behaviour:

• Content that is illegal under Australian or your local jurisdiction's laws
• Content that infringes or violates any copyright, patent, trademark, or other intellectual property rights of any third party
• Content that exploits minors
• Content that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, or hatred
• Content that promotes mail fraud, pyramid schemes, or other fraudulent activities
• Content that posts or discloses personally identifying information of third parties without their consent
• Activities that consume excessive system or network resources disrupting normal use of the Service

8. Notices

Unless other instructions are posted on the EmDash Hosting (Host Local) website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or sent by registered mail to each of the parties in accordance with the most current contact information provided. All notices shall be effective upon receipt, except that email notices shall be effective upon transmission.

9. Privacy

The EmDash Hosting (Host Local) Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of your personal information. The Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy to https://em-dash.app/privacy .

Subscriber information will not be disclosed or sold to any third parties.

10. Reservation of Rights

EmDash Hosting (Host Local) reserves the right and sole discretion to:

• Review any account for excessive resource utilisation and suspend service to accounts that have exceeded allowed levels
• Terminate any account for non-payment of fees, for providing fraudulent account information or for fraudulent payment information
• Terminate any account if the contents of its website result in, or are the subject of, legal action or threatened legal action against EmDash Hosting (Host Local) or any of its affiliates or partners
• Terminate any account for unsolicited commercial emailing, illegal access to other computers or networks, distribution of Internet viruses or similar destructive activities, or any breach of this agreement
• Suspend the Service at any time for any duration of time when necessary, without penalty or liability

11. Limitation of Liability

The Service is provided on an "as is" and "as available" basis and the use of the Service is at your own risk. EmDash Hosting (Host Local) makes no representations or warranties, either expressed or implied, with respect to the Service. EmDash Hosting (Host Local) is not responsible for any damages, injury or economic loss arising from the use of the content or Service.

In no event will EmDash Hosting (Host Local) be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.

12. Indemnification

You agree to indemnify and hold EmDash Hosting (Host Local), its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse EmDash Hosting (Host Local) with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.

13. Force Majeure

EmDash Hosting (Host Local) will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond our control that may prevent or delay service provisioning.

14. Unenforceable Provisions

If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.

15. Governing Law

The rights and obligations of the parties pursuant to this Agreement are governed by and shall be construed in accordance with the laws of the state of Queensland and the federal laws of Australia.

You hereby irrevocably submit to the exclusive jurisdiction of the Courts of Queensland, Australia for any dispute arising under or relating to this Agreement. EmDash Hosting (Host Local) shall be entitled to institute legal proceedings in any jurisdiction where you reside, do business or have assets.

16. Age of Majority

EmDash Hosting (Host Local) does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or that your parent or legal guardian has agreed to accept this Agreement on your behalf.

17. Entire Agreement

This Agreement, as may be updated from time to time and posted at https://em-dash.app/terms , represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement.