Terms of Use

1. Definitions

• “Client” — anyone who has ordered a hosting subscription: a company, a sole proprietor or a private individual.
• “Plan” — a hosting plan published on the Website, with the resources and price stated in it.
• “Client Content” — everything the Client places on the hosting: files, websites, databases and email.
• “Paddle” — Paddle.com Market Limited and its affiliates, our online reseller.

2. Who may order the Service

2.1. The Service may be ordered by persons aged 18 and over with full legal capacity. If you order on behalf of a company, you confirm that you are authorized to act on its behalf.

2.2. If the Client is a consumer under the Israeli Consumer Protection Law, 5741-1981, the mandatory provisions of that law apply to the Client and prevail over any provision of the Terms.

2.3. The Client provides accurate details. Control panel access details are personal; the Client is responsible for all actions performed with them and must notify us immediately of any suspected unauthorized access.

3. What the Service includes

3.1. Hosting includes the resources of the chosen Plan: disk space, bandwidth, mailboxes, databases, subdomains and the software listed on the Website. Email is stored within the Plan's disk space.

3.2. Each Plan is intended for one website on the Client's domain. Domain name registration is not included in the Plan.

3.3. The Client manages its website itself through the control panel: installs and updates software, safeguards passwords and keeps its own copies of important files. Daily automatic backups are available only in the Plans where they are stated, and they do not replace the Client's own copies.

3.4. If the website exceeds the Plan's resources, we will notify the Client and offer a higher Plan. If the excess impairs the operation of the server or other clients, we may temporarily restrict the website until the cause is removed.

3.5. “Unlimited” means that there is no predefined limit for normal use by a single website, and not a right to place unlimited load on the server.

4. Prices and payment

4.1. Prices on the Website are stated in shekels (ILS) and do not include VAT. If the Client is a consumer, the price including VAT will be displayed, as required by law.

4.2. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. Paddle collects the payment, issues the invoice, calculates and remits taxes, and processes refunds. Payment is made in advance for each month; the subscription renews automatically until the Client cancels it. The purchase is also subject to Paddle's Buyer Terms (paddle.com/legal/checkout-buyer-terms).

4.3. We may change prices and the content of Plans by notifying the Client by email at least 30 days in advance. A period already paid for will not become more expensive; a Client who does not agree may cancel the subscription before the change takes effect.

4.4. If payment is not received within 7 days of its due date, we may suspend the Service after notifying the Client. If payment is not received within 30 days of the suspension, the Service is terminated under section 10.

5. Cancellation and refunds

5.1. The subscription can be cancelled at any time: via the link in Paddle's payment email or by writing to [email protected]. Cancellation takes effect at the end of the paid month.

5.2. When and how much money is refunded is set out in the Cancellation and Refund Policy, which forms part of the Terms.

6. Client Content and data about its visitors

6.1. The rights in the Client Content remain with the Client. The Client grants us a non-exclusive, royalty-free right to store and copy it to the extent necessary for the Service: hosting on our servers and backups.

6.2. The Client represents that it holds the rights in the Client Content and that the content does not infringe the law or the rights of any third party (including the Copyright Law, 5768-2007, and the Prohibition of Defamation Law, 5725-1965). The Client is responsible for the content of its website, the products and services sold on it, and its relations with its own buyers.

6.3. With respect to data that the Client's website collects about its visitors, the Client is the database controller, and we are the holder and processor acting on its behalf (Protection of Privacy Law, 5741-1981, and Article 28 of the GDPR). We process this data solely for hosting the website, protect it, notify the Client of any serious security incident, and upon termination of the agreement delete it within the periods set out in section 10.

6.4. We do not review Client Content in advance, but we may restrict access to it following a substantiated complaint or a violation we have discovered — where possible, after notifying the Client. Complaints should be sent to [email protected].

7. Prohibited uses

• Violating the Computers Law, 5755-1995: hacking into other systems, circumventing security measures, distributing viruses and malicious code.
• Publishing phishing pages, fraudulent offers, unlawful content or material that infringes the rights of others, as well as websites involving pornography, gambling or trade in prohibited goods.
• Sending spam or bulk email without the recipients' consent.
• Using the hosting for cryptocurrency mining, proxy and VPN services, torrents, file sharing, or storing archives and backups unrelated to the website.
• Creating load that impairs the operation of the server and other clients, including attacks and load testing.
• Reselling the hosting or making it available to third parties without our written consent.

In the event of a breach of this section, we may restrict or terminate the Service immediately and claim compensation for the damage.

8. Service availability and limitation of liability

8.1. We strive to keep the Service running around the clock, but we do not guarantee uninterrupted operation: scheduled maintenance and outages for reasons beyond our control (providers, communication networks, attacks, force majeure) may occur.

8.2. The Service is provided “as is”. To the extent permitted by law, we are not liable for loss of profits, loss of data caused by the Client, indirect damages, or outages caused by third parties.

8.3. Our total liability to the Client for any claim is limited to the amount actually paid by the Client for the Service in the 12 months preceding the event giving rise to the claim.

8.4. Nothing in the Terms limits liability that cannot be limited by law: for willful misconduct, for personal injury or death, and the mandatory rights of consumers. Any provision deemed an unduly disadvantageous term under the Standard Contracts Law, 5743-1982, shall apply to the maximum extent permitted.

8.5. The Client shall indemnify us for damage and reasonable legal costs arising from third-party claims caused by the Client Content or by the Client's breach of the law or the Terms.

9. Intellectual property

The texts, design and code of the Website and the DigMa name belong to us or are used by us under license, and are protected by law. Software included in the hosting (cPanel, Softaculous, LiteSpeed and others) is provided under the license terms of its respective rights holders.

10. Suspension and termination

10.1. The Client may terminate the Service at any time under section 5.

10.2. We may suspend the Service for non-payment or breach of the Terms after notifying the Client and allowing at least 7 days to remedy it. Without prior notice — in the event of a serious breach that creates a risk to the server, other clients or third parties (malicious code, phishing, hacking, spam).

10.3. After the subscription ends, the website's files, databases and email are kept for a further 30 days so that the Client can download them, and are then deleted. Beyond that, we keep only what we are required to keep by law.

11. Changes, governing law and miscellaneous

11.1. We will notify Clients of material changes to the Terms by email at least 14 days in advance; a Client who does not agree to them may cancel the subscription before they take effect.

11.2. The Terms are governed by the laws of the State of Israel; the mandatory provisions of the GDPR apply in addition. The competent courts in Israel have exclusive jurisdiction; this does not deprive a consumer of the right to bring proceedings in the court of their place of residence, where the law grants such a right.

11.3. Before going to court, the parties will try to resolve the dispute through negotiation: write to [email protected], and we will respond within 14 days. If any provision of the Terms is held invalid, the remaining provisions remain in force.