Website Hosting Service Agreement

SCOPE
The Terms of Service & Service Level Agreement below applies to all entities who have a website hosting Service arrangement with Peabody Digital. By subscribing to this service, you agree to the following Agreements and policies outlined below. This agreement is between you and Peabody Digital.

TERMS OF SERVICE (TOS)
1. This Service
1.1 The Peabody Digital website hosting Service is provided by Peabody Digital to you. Your use of this Service and any additional services introduced by us and contained within constitutes acceptance by you of these Terms of Service (TOS).

1.2. This TOS represents the entire agreement relating to the Services and supersedes any agreements previously entered into between you and Peabody Digital. Any other contract provisions presented by you are expressly rejected.

1.3. The current TOS is available on Peabody Digital’s website. We may alter this TOS at any time with notification by posting the updated agreement on our website and where we deem it significant we will notify you directly via email. If you do not agree to any changes, you must terminate your subscription within ten business days of the date of the change. Only a Peabody Digital administrator may alter this TOS. No agent of, or person employed by, or under contract with, Peabody Digital has any authority to alter or vary this TOS. No oral explanation or oral information given by any party shall alter the interpretation of this TOS.

1.4. In this TOS we mention certain legal rights you have if you are a consumer. This TOS does not affect or change these legal rights.

1.5 Unless alternative pricing and provision of service has been stated by us in writing to You, then You agree to all pricing and features of your chosen plan on our website as promoted on the date you accept this agreement.

2. Eligibility
2.1 You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under this TOS & SLA.

2.2 The business entering into the agreement must be a verifiable legally registered business/company entity. Where we are unable to verify an entity, we reserve the right to refuse service.

2.3 As the individual accepting the agreement, you confirm that you have authority to act for the business/company identified in this agreement.

3. General Terms & Conditions
3.1. You will conform to the standards and acceptable use policies of Peabody Digital which are set out in our policies.

3.2. You are responsible for obtaining any licenses or permissions from any third party which are required to upload content to the Services.

3.3. Your personal information is treated in accordance with our Privacy Policy.

3.4. You will receive passwords from Peabody Digital. You are solely responsible for all passwords. You must keep all passwords confidential and take security measures to prevent any person from gaining access to them.

3.5. Peabody Digital’s Service Level Agreement in Section A (SLA) sets out the performance you can expect from us. The SLA is your sole and exclusive remedy for Service disruptions covered by it unless you are a consumer in which case you have certain rights under the law if we fail to provide the Services to you.

3.6. Certain aspects of the Services will only be licensed to you. These aspects may only be used by you while using the Services, and may not be transferred. Upon Termination of this TOS, or a particular Service, this license will end.

3.7. The Services are provided to you as configured for our standard customer. We may update or upgrade the Services and/or any software installed on your account at any time without prior notification to you. You bear ultimate responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your hardware, software and any other items you deem necessary to use the Services must be compatible with the Services. We are not obligated to modify the Services to accommodate your use.

3.8. To the maximum extent applicable under national law and without affecting your rights as a consumer, the Services are provided on as-is basis. The hardware configurations may vary. Peabody Digital may replace your host server hardware, transfer it from one data center to another, transfer your account to another server or modify certain software configurations when deemed necessary by Peabody Digital. These different configurations may result in slightly different performance from the Services.

3.9. The proprietary and third-party software we offer as part of the Service is provided as-is and is subject to all warranty disclaimers and limitations of liability set out herein. This software may have terms and conditions that are in addition to those set out in this TOS. By agreeing to this TOS you are also agreeing to the TOS of our third-party providers. If you fail to do so, your ability to use the Service may be affected. Terms and conditions incorporated by reference are listed in the respective sections of this TOS.

3.10. We will use reasonable efforts to backup data stored on the server. We provide daily server backups for all servers. A server backup can only be restored in the event of a server-wide failure, and will be performed without the need to obtain consent from You. You are not able to request a server backup be restored, but nor will you ever be charged a fee for a server-wide backup restoration. We also provide a secondary backup service as detailed in SECTION G – BACKUP SERVICES, below.

4. Pricing, Plans and Features
4.1 For current pricing and plans please see the pricing page located on our website.

4.2 We reserve the right to change pricing, plans and the features offered at any time and without notice to you.

4.3 We are under no obligation to deliver any Services other than those identified in the Order.

5. Payment and Credit Control
5.1 All service contracts are for a monthly or annual period.

5.2 All services are billed monthly or annually (as specified by you) in advance of the service being provided. Each subsequent payment will be billed on a monthly or annual anniversary of your initial billing date as determined by the billing cycle of the plan you have chosen.

5.3 Upgrades to higher subscription plans will take effect immediately and a billing adjustment will be made on a pro-rata basis. Ie. if you switch halfway through your billing period you will be charged the difference between the 2 plans for the remaining time of your billing period.

5.4 You may downgrade to a lower plan, but this will not take effect until your current billing period has expired.

5.5 If you believe there is an error on your bill, you must contact us in writing. We each agree to work together in good faith to resolve any billing disputes. All of your Services may be suspended during bill disputes. To reactivate your Services, you must first pay all outstanding Fees.

6. Cancellation
6.1 You can request cancellation of your service at any time and we will automatically cancel your service at the end of your monthly/annual billing cycle. Your website and access to our services will continue until this time.

6.2 If after advising us of your wish to cancel your subscription, you change your mind, and your billing cycle has not expired, then you can advise us by notice in writing.

6.3 After cancelling your subscription and your billing cycle expires, then you will no longer be able to access your website, email or any other services provided by Peabody Digital with the exception of Domain Names as detailed in 6.4 below. We reserve the right to completely remove your website, email accounts and user accounts from our servers upon the expiration of your subscription.

6.4 Cancelation of Domain Names. If you have registered a domain with us, then you will continue to own that domain through to the end of its registration period after which you may renew your registration with us. You may transfer your domain registration away from us to another registrar at any time during or after your subscription period.

6.5 It is important to understand that certain Services are bundled together. As a result, cancellation of the Services that provide hosting (Hosting Account) may result in immediate termination of multiple aspects of the Services. It is your obligation to ensure that you arrange to transfer anything you need from the Services prior to cancellation. We have no obligation to forward e-mail following a cancellation.

6.6 As soon as a subscription renewal payment becomes overdue, Peabody Digital may suspend the service at their discretion. We will advise you of suspension by sending an email to the contact address that you have provided.

6.7 If a subscription renewal remains overdue for 14 days or more then Peabody Digital reserve the right to cancel the service. In such a situation your account will be treated as cancelled by you as detailed in 6.3, 6.4 & 6.5 above. This includes the complete irretrievable removal of all files and data from our system.

6.8 Domains that are not included free with a subscription service will be suspended as soon as the registration period expires unless renewal payment has been made and confirmed by Peabody Digital.

7. Refunds
7.1 We do not offer refunds.

8. Technical Support & Content Editing
8.1 We provide technical support via email and phone requests. Our technical support is available only to registered users of our services and is provided on an as-is, as available basis. If your request for technical support exceeds that of similarly situated customers or is within the scope of our paid support and development services, we may charge you additional support fees. We will inform you, and receive your consent, prior to charging you for technical support.

8.2 If you request technical support, you agree that we may have full access to all aspects of the Services accessible to us based on your request. You are solely responsible for any changes you make to your account after we complete your request.

8.3 To the maximum extent applicable under national law and without affecting your rights as a consumer, all support is provided as-is and is subject to the disclaimers of warranties and limitation of liability set out in this TOS. While we will use reasonable efforts to provide technical support to you and to perform any work you request in a timely and professional manner, we cannot guarantee the result you expect or that an issue might not occur again. We retain the right to refuse to provide technical support to you if your use of technical support exceeds that of similarly situated customers, or if you are verbally abusive to our employees or contractors. We may refuse to perform any request that requires changes not compatible with the Services or is not related to them or might create a security risk or endanger their performance.

8.4 Where technical issues arise through misuse of our services due to, but not limited to neglect, lack of knowledge, or malicious intent, Peabody Digital reserves the right to refuse to rectify the issues. If Peabody Digital agree to rectify the issues we will charge a fee for this service.

8.5 Technical Support is limited to services relating to technical issues arising from hosting or related services such as email and domains.

8.6 Under some website hosting subscriptions, Peabody Digital offers content editing minutes each calendar month. These allowance covers minor updates and edits to your website's content, including text changes, image updates, and basic layout modifications. Content editing minutes are provided on a use-it-or-lose-it basis each month; unused time will not be carried over or banked for future use.

8.7 Content editing requests must be submitted in writing (email is acceptable) and will be addressed on a first come, first-served basis within our normal business hours. Content editing beyond the agreed allocation of minutes per month will be subject to charge.

9. Intellectual Property Rights and Other Consents
9.1. Peabody Digital retains ownership of all intellectual property rights in the Services it provides. Peabody Digital grants to you a limited license to access and use the Services. All trademarks, product names and company names or logos used by Peabody Digital are Peabody Digital’s property or the property of their respective owners. No permission is given by Peabody Digital to you or an affiliate to use any such trademarks, product names, company names, logos or titles, and you acknowledge that such use is an infringement of the owner’s rights.

9.2. If we have not provided a license for you to use software as part of the Services, you agree to procure appropriate licenses to use all “Required Licenses.” “Required Licenses” means any licenses, consents or approvals required to use software, hardware and other items whose use is facilitated by the Service. You agree to provide us with copies of the Required Licenses promptly following our written request.

9.3. You are solely responsible for obtaining all intellectual property rights in the intellectual property of others, including, but not limited to, clearances and/or other consents and authorisations necessary to use the names, marks or other materials which are used by you in, or transmitted via, our service. On becoming aware of any dispute between you and any other individual or organisation regarding intellectual property, Peabody Digital reserves the right, at its sole discretion and without notice or liability to you, to cease any further use of the intellectual property including, without limitation, deleting or suspending them from its computer systems and/or to make appropriate representations or provide information to any relevant authority or interested party.

9.4. Unless otherwise set out in this TOS, you own all right, title and interest to the information you place on our servers pursuant to the Services. If you submit feedback to us in the form of trouble tickets or in another similar manner, we shall have the right to use that information to improve our business processes. You have no right to any intellectual property that is based on an improvement to our business based on this feedback.

10. Representations and Warranties
10.1. You promise that (i) you have the experience and knowledge necessary to use the Services; (ii) you and your End Users understand and appreciate the risks inherent to you and your business that come from accessing the Internet; (iii) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Services necessary to take advantage of them; (iv) you will not violate any applicable laws and/or regulations in your use of the Services; (v) you own all intellectual property rights in, or have a license to use, any information you provide to us necessary for us to perform the Services, or to any information transmitted by us through the Services; (vi) you will make backup copies of all information in a location independent of ours, and will not use Backup Services as your sole backup; and (vi) you will pass through the terms of this TOS, and any agreements incorporated by reference, to your End Users.

10.2. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW AND WITHOUT AFFECTING YOUR RIGHTS AS A CONSUMER, WE MAKE NO WARRANTIES, AND ANY IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. THE SERVICE(S) IS PROVIDED AS-IS. YOUR USE OF THE SERVICE(S) IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE(S) WILL MEET ANY OR ALL OF YOUR EXPECTATIONS; WILL OPERATE IN ALL OF THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; OR THAT THE OPERATION OF THE SERVICE(S) WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. NO EMPLOYEE OR AGENT IS AUTHORISED TO MAKE ANY WARRANTY ON OUR BEHALF.

11. Limitation of Liability
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS TOS OR UNDER ANY OTHER AGREEMENT OR DOCUMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE THREE MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW AND YOUR RIGHTS AS A CONSUMER.

12. Indemnity
12.1. We shall compensate you fully and not counter-claim against you, and at our own expense agree to defend, or at our option to settle, any claim, suit or proceeding brought or threatened against you so far as it is based on a claim that the Services infringe any issued patent or registered copyright. This provision is expressly limited to aspects of the Services which are fully owned by us. It does not extend to products or services provided by third parties even if incorporated into the Services. This paragraph will be conditioned on your notifying us promptly in writing of the claim and giving us full authority, information, and assistance for the defence and settlement of that claim. You shall have the right to participate in the defence of the claim at your expense. If such claim has occurred, or in our opinion is likely to occur, you agree to permit us, at our option and expense, either to: (i) procure for you the right to continue using the Services; (ii) replace an individual component of the Services with a product or service, regardless of manufacturer, performing the same or similar function as the infringing aspect of the Services, or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate our obligations (and your rights) under this TOS with regard to such Service and refund to you the price originally paid by you to us for the Service, or the Fee actually received by us from you for the three month period immediately preceding the occurrence of the event on which the indemnification claim is based. This shall be your only remedy, and our only obligation to you, should a third party allege that the Services infringe any issued patent or registered copyright.

12.2. You agree to defend, compensate fully and not counter-claim against us, our parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (i) your use of the Services; (ii) any violation by you of any of our policies; (iii) any breach of any of your representations, warranties or covenants contained in this TOS; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this TOS. For the purpose of this paragraph only, the term “you” as set out in subparagraphs (i) through (iv) includes you, End Users, visitors to your website, and users of your products or services, the use of which is facilitated by us.

13. Certain Information
13.1. Both you and Peabody Digital undertake not to disclose to a third party any confidential information which you or Peabody Digital receive relating to the contents or performance of this TOS, unless necessary for a party to perform their obligations under this TOS, the Services or the other party’s business in general, and shall procure that each of its directors and employees shall not do so, except with the prior consent in writing of the other party, as required by law, or to the extent to which that information is publicly available or already known to the receiving party at the date of receipt, other than through any unauthorised disclosure by any person.

13.2. Without prejudice to Paragraph 13.1., Peabody Digital shall be entitled to mention your name as a client of Peabody Digital and the name(s) of the Services which Peabody Digital provides to you with your prior consent.

13.3. If a law or regulation compels disclosure of information held by us, we are required to respond. Unless notifying you is prohibited by the law, or a reasonable interpretation of that law, we will use reasonable efforts to contact the Account Owner. We are not required to respond to demands by you that we provide information about your account as part of litigation. However, if we agree to do so, we will charge you administrative hourly fee for each hour we spend responding to your request. You will also be charged the fees we are charged by our attorneys in responding to your request.

14. Notices
14.1. Any notice to be given by either party to the other may be sent by email if (i) to you, the Account Owner; or (ii) to us.

14.2. You are required to provide notices to us about the Services through direct email contact. We will provide notices to you using the contact information you provide to us. We have no responsibility for misdirected notices based on your failure to provide correct information.

14.3. Termination notices must be provided to us as set out in paragraph 6.

14.4. Legal Notices to us, which are effective only upon acknowledged receipt, shall be provided to us as follows:

Peabody Digital
23 Ranelagh St
Ranelagh, TAS, 7109
Email: admin@peabodydigital.com.au

15. Resolution of Disputes and Choice of Law
15.1. Any dispute, controversy or claim arising under this TOS shall be resolved in accordance with the procedures set forth in this Section.

15.2. In the event of a dispute between the parties relating to this TOS, each of the parties shall appoint a designated representative who has authority to settle the dispute. This appointment will take place no later than five business days after the initial request for dispute resolution. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the dispute and negotiate in good faith in an effort to resolve the dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however, all reasonable requests for relevant information made by one party to the other shall be honoured.

15.3. The parties agree that the courts of Tasmania shall have non-exclusive jurisdiction over all disputes and other matters relating to the interpretation and enforcement of this TOS or any other document entered into by the parties. All disputes and other matters relating to the interpretation and enforcement of this TOS or any other document entered into by the parties shall be governed by the laws of Tasmania.

16. Definitions
“Consumer” is an individual acting for purposes wholly or mainly outside of his or her trade, business, craft or profession;

“End User” is the individual or entity who uses, or to whom you provide, your services;

“ICANN” means the Internet Corporation for Assigned Names and Numbers;

“Materials” means any information, reports, documents, software or other materials created by Peabody Digital as part of the Services, including all methodologies, know-how and processes used to do so;

“Server” means the computer server equipment operated by Peabody Digital in connection with the provision of the Services;

“Service” or “Services” means any and all services provided by Peabody Digital under this TOS including, without limitation, domain name registration services, domain name portfolio management services, domain name searching, monitoring and recovery services, space hosting, web, email and Usenet searching and monitoring services and professional services, and any other services requested by you which may be provided from time to time as set out on the portion of our website describing the individual Service (Product Pages);

“Peabody Digital” means the legal entity delivering the Services to you as set out on the Legal page on this Website and any of its subsidiaries or affiliated entities;

“Space” means the area on the Server allocated to you by Peabody Digital for use by you as a site on the Internet;

“Term” means the prepaid period during which you receive Services from Peabody Digital;

“User Area” means the part of the Peabody Digital website from which you can manage your services and to which you are given login credentials at the start of your Initial Term; and

“You” and “your” mean the person, firm or company who purchases Services from Peabody Digital.

17. Miscellaneous
17.1. If any provision of this TOS or part thereof shall be void for whatever reason, the offending words shall be deemed deleted, and the remaining provisions shall continue in full force and effect.

17.2. Your rights and obligations under this TOS are personal to you, and you shall not assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.

17.3. Peabody Digital reserves the right to sub-contract any of the work required to fulfil the Services and to assign this TOS.

17.4. Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event later than ten days from the beginning of the event.

17.5. Any delay or forbearance by either party in enforcing any provisions of this TOS or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.

17.6. Paragraph headings have been included in this TOS for convenience only and shall not be considered part of, or be used in interpreting, this TOS.

17.7. This TOS does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.

17.8 SURVIVAL. Paragraphs 11, 12, 13 (for a period of three years following Termination), 15, 16, 17, 18.1, 18.8, Section A (below) shall survive the termination of this TOS.

SERVICE LEVEL AGREEMENT (SLA)
Section A – Uptime
Peabody Digital’s will do everything in their power to maintain a service uptime. However in using our service you acknowledge that we are not responsible for server uptime, but is the responsibility of the 3rd party hosting company we purchase our hosting from.

Excused Downtime
The following events may occur which are due to our hosting company:
• Scheduled maintenance;
• Emergency maintenance, hardware and software failure;
• Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events.

The following events may occur and are beyond our control or the control of our hosting company:
• Downtime caused by you, your own configuration, or third-party applications you use;
• Downtime caused because you have violated this TOS;
• Downtime during work on your technical support request(s); or
• Force majeure.
To the maximum extent applicable under national law and without affecting your rights as a consumer, this SLA is your sole and exclusive remedy for downtime, or any network, software, hardware or Equipment failure.

Section B – Renewal Policy
You may choose to renew your Service(s) manually at any time. From time-to-time special promotions may be available only for manual renewal of your Services.

All Services are set to renew automatically for a Renewal Term:
Monthly subscriptions – On the same day of each month
Annual Subscriptions – On the same date of each year

Section C – Fair Use Policy
Our Fair Use Policy sets out certain limitations on the allocation of Server resources, aiming to allocate all our customers fair and adequate use of the Services.

When using the Services, you will ensure that neither you nor any of your End Users make excessive use of the Server resources to Peabody Digital’s detriment or that of our other customers. The term “excessive” is defined by our experience with similarly situated customers.

You agree that we have the sole right to decide what constitutes a violation of the Fair Use Policy and what is the appropriate severity of any corrective action to be applied. Failure on your part to maintain your account in full compliance with the TOS may result in a warning, resource usage limitations, suspension or immediate account termination with no refund. You understand and agree that in the event of violation of the Fair Use Policy, we may provide you with a certain period of time to correct the issue. If you take no action during this period, we may apply corrective actions at our sole discretion. You acknowledge that we can immediately suspend and/or terminate each account that violates the Fair Use Policy and will not be responsible for any data loss resulting from such termination of Services.

Section D – Upgrade/Downgrade Policy
You can choose to upgrade or downgrade your subscription at any time.

We deem moving from a monthly billing cycle to an annual billing cycle as an upgrade to your plan.

We deem moving from an annual billing cycle to a monthly billing cycle as a downgrade to your plan.

You can only choose to downgrade your account when your current billing cycle is complete, however, you can notify us of your desire to do so at any time.

You can request a downgrade by notice to Peabody Digital in writing. We may refuse to process your request if your account does not meet the conditions for a downgrade or if in our reasonable opinion the new plan is not suitable for the account.

Section E – Backup Services
We perform daily backups of our entire network. This means that in the event of a critical hardware failure, a malicious attack or some other cause for our services to become lost or corrupted, we are able to restore our system with no more than 24 hours of data loss. The daily backup service does not include isolated backups of websites.

Peabody Digital also provides a secondary backup service. These secondary backups are localised backups of your website, email and other hosted services. You can request that a backup is restored at any time with the understanding that any data generated on the server since the last backup will be lost, and that Peabody Digital reserve the right to charge at our hourly rate for the time taken to restore the backup.

We may determine that certain file extensions are not suitable for backup and exclude them from the backup. Examples include, but are not limited to, music, movies and/or archives. It is your obligation to verify whether particular files will be, or have been, backed up.