This Service Agreement ("Agreement") applies to the
purchase of all services, packages, options, including but not
limited to related web design, programming, and technical support
services (collectively, the "Services") ordered by
you on the nzwebservice.co.nz website hosting Sign Up Page OR
which you may order at any time and from time to time. nzwebservice.co.nz
reserves the right to amend its web hosting and related Service
offerings and to add, delete, suspend or modify the terms and
conditions of the Services, at any time and from time to time,
and to determine whether and when any such changes apply to
both existing or future customers.
nzwebservice.co.nz provides web hosting to numerous clients
which means that we have a responsibility to protect each client
and to provide the best services available. The following was
established to ensure these crucial obligations are met.
These Policies, Guidelines, and Disclaimer are intended for
all domains residing on nzwebservice.co.nz servers, including
regular hosting clients, resellers, and their clients. We ask
that all clients reselling our hosting services in any way,
including those providing non-virtual hosting services, implement
these same Policies, Guidelines, and Disclaimers into their
own web sites to ensure that the same are understood and met
by their clients.
BILLING AND PAYMENT
You shall pay the fees and other charges for each Service as
provided in the nzwebservice.co.nz website hosting Sign Up Page
and in our pricing and plans statement or our standard schedule
of prices, as the same may be amended from time to time. nzwebservice.co.nz
reserves the right to change rates by notifying you sixty (60)
days in advance of the effective date of the change. Service
fees and charges shall be invoiced in accordance with the terms
and conditions set forth both herein. You will pay a late payment
charge equal to 1.5% (or the highest amount permitted by law,
whichever is lower) per month or portion thereof on the outstanding
balance of any invoice remaining unpaid after the date upon
which payment is due ("Due Date"). Accounts unpaid
after the Due Date may have service suspended or terminated.
Such suspension or termination shall not relieve you of your
obligation to pay the fees and charges due. You agree to pay
nzwebservice.co.nz its reasonable expenses, including legal
fees and collection agency fees, incurred in enforcing its rights
under this Agreement.
AUTOMATIC CONTRACT RENEWAL: When your contract is up, we automatically
renew it unless you ask to cancel your account. You will be
billed either monthly, quarterly, bi-annually, or annually,
whichever you choose when you signed up. If you would like to
cancel your contract, you must email firstname.lastname@example.org
as requesting account termination. Allow at least 72 hours for
account deletion. As a policy, we do not offer refunds or credits.
Our packages are all designed to allow for bandwidth maximums,
each dependent upon the package that you have chosen for your
domain. None of our packages come with unlimited bandwidth.
We have the option within our Domain Management System to allow
any of the domains that exceed these bandwidth parameters to
be automatically suspended. We no longer do that because our
clients indicated to us that they prefer to have their sites
remain operative. Bandwidth is reset at the end of each month
therefore if you go over your limit on the 15th of the month
your site would be shutdown until the first. Obviously this
is just not good business. Therefore when your site/s exceed
bandwidth parameters, we will contact you via e-mail. In most
cases it will be required that you either uprade your hosting
plan or purchase additional bandwidth.
These include spamming (sending unsolicited advertising to those
with which the customer has no existing business relationship,
posting off-topic advertising in newsgroups); spoofing (using
a return email address which is not the valid reply address
of the sender or sending an email message which does not contain
enough information to enable the recipient to identify the party
who is really sending the message; passive spamming (promoting
a web site hosted by nzwebservice.co.nz by spamming from some
other source), trolling (posting controversial messages in newsgroups
to generate responses), mailbombing (inundating a user with
email without any serious intent to correspond), generating
a higher volume of outgoing mail than a normal user (20% or
more of available system resources), and subscribing someone
else to an electronic mailing list without that person's permission.
A message is considered unsolicited if it is posted in violation
of a newsgroup charter or sent to a recipient who has not requested
the message. Making an email address available to the public
does not constitute a request to receive messages. Distribution
of mass emailing programs is also prohibited. All recipients
on a mailing list must have personally subscribed. Mailing lists
may not be used to distributed unsolicited email. Any customer
repeatedly "mailbombed" or that attracts such behavior
will be asked to leave. If you are not sure if your actions
will be in violation, please ask first email@example.com.
We also do not allow sites selling spamware.
Age. The client must be 18 years of age to obtain our
Abuse of the legal rights of others:
Examples of unacceptable activities in this regard include
posting private information about a person without their consent,
infringing intellectual property rights, defaming a person or
business, and knowingly making available code which will have
a deleterious effect on third party computers. nzwebservice.co.nz
supports free speech on the Internet, and will not suspend or
cancel a customer’s account simply because it disagrees
with the views expressed by the customer. Where there are allegations
that a customer’s on-line activity has violated the legal
rights of a third party, Website Services will not substitute
itself for a court of law in deciding tort claims raised by
the third party.
Abuse of the law:
nzwebservice.co.nz’s services may be used for lawful
purposes only. Illegality includes but is not limited to: drug
dealing; attempting without authorization to access a computer
system; pirating (distributing copyrighted material in violation
of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators);
gambling; schemes to defraud; trafficking in obscene material;
sending a message or having content that is obscene, lewd, lascivious,
filthy, or indecent with intent to annoy, abuse, threaten, or
harass another person; threatening bodily harm or damage to
individuals or groups; violating U.S. export restrictions; stalking;
or violating other state or federal law such as the Electronic
Communications Privacy Act, the Computer Fraud and Abuse Act,
or the Economic Espionage Act. Linking to illegal material is
also prohibited. Website Services reserves the right to check
system files, email, and other data on our servers for illegal
content and materials, or for any other reasons deemed necessary.
Pornography and sex-related merchandising, or links to such
material, even if legal is not acceptable use of our servers
unless prior consent to a customer has been given. Consent can
only be granted to a customer by nzwebservice.co.nz. You must
contact us if you intend to use our servers for this purpose.
Abuse of nzwebservice.co.nz's Server Resources:
Running programs in the background on a nzwebservice.co.nz’s
server without nzwebservice.co.nz’s prior written authorization,
or running chat rooms, Internet Relay Chat, IRC bots, and the
like are not acceptable uses of Website Services’s servers.
Further, any usage of twenty percent (20%) or more of our system
resources is an undue burden on our system and is unacceptable.
If your usage ever exceeds twenty percent (20%) of system resources,
you will be contacted and asked to eliminate the problem. In
addition, any domain that exceeds ten gigabytes of bandwidth
traffic can be terminated without prior notice.
nzwebservice.co.nz reserves the right to report illegal activities
to any and all regulatory, administrative, and/or governmental
authorities for prosecution.
The following examples of unacceptable behavior are non-exclusive,
and are provided for guidance purposes. If you are unsure if
your actions will be a violation of our policies please ask
Server broadcast messages or any message sent on an intrusive
basis to any directly or indirectly attached network Attempt
to circumvent any user authentication or security of host, network,
or account. Accessing data not intended for user. Probing the
security of any network. Spawning dozens of processes. Port
scans, ping floods, packet spoofing, forging router information,
Denial of Service attacks, sniffers, flooding, spoofing, ping
bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses.
IRC bots such as eggdrop or BitchX. Any activity, whether or
not the intrusion results in the corruption or loss of data,
will be investigated and proper action taken. The presence of
any of these programs, whether or not run, will result in action
against the user including suspension or termination.
The client is responsible for all activity originating from
the account unless proven to be a victim of outside hacking
or address forgery. The client is responsible for securing their
username/password. Use of Website Services's service requires
a certain level of knowledge in the use of Internet languages,
protocols, and software. This level of knowledge varies depending
on the anticipated use and desired content of the web space
by the client. The following examples are offered: Web Publishing:
requires knowledge of HTML, properly locating and linking documents,
FTPing Web contents, Graphics, text, sound, image mapping, etc.
FrontPage web publishing: knowledge of the FrontPage tools as
well as Telnet and FTP understanding and capability. CGI-Scripts:
requires a knowledge of the UNIX environment, TAR & GUNZIP
commands, Perl, CShell scripts, permissions, etc. Mail: a use
of mail clients to receive and send mail, etc. The client agrees
that he or she has the necessary knowledge to create and maintain
their web space. Client agrees that it is not the responsibility
of Website Services to provide this knowledge or support outside
matter specific to Website Services's servers.
It is the clients’responsibility to maintain local copies
of their website content. If loss of data occurs due to an error
of Website Services, nzwebservice.co.nz will attempt to recover
the data for no charge to the client. If data loss occurs due
to negligence of client in securing their account or by an action
of the client, Website Services will attempt to recover the
data from the most recent archive for a NZ$30.00 fee.
Website Services maintains control and any ownership of any
and all I.P. numbers and addresses that may be assigned to the
client and reserves in its sole discretion the right to change
or remove any and all IP numbers and addresses.
nzwebservice.co.nz does not refund fees which you have paid
LIMITATION OF LIABILITY:
nzwebservice.co.nz shall not be responsible for any claimed
damages, including incidental and consequential damages, which
may arise from nzwebservice.co.nz’s servers going off-line
or being unavailable for any reason whatsoever. Further, nzwebservice.co.nz
shall not be responsible for any claimed damages, including
incidental or consequential damages, resulting from the corruption
or deletion of any web site from one of Website Services’s
servers. All damages shall be limited to the immediate termination
nzwebservice.co.nz shall be the sole arbiter of what is and
is not a violation of these acceptable use policies. nzwebservice.co.nz
reserves the right to terminate an account at any time and for
any reason that causes harm to any nzwebservice.co.nz customer's
web sites. nzwebservice.co.nz reserves the right to delete all
content and files upon termination. nzwebservice.co.nz reserves
the right to withhold any pre-paid funds for any site removed
for violations of these policies. nzwebservice.co.nz reserves
the right to refuse, cancel, or suspend service at our sole
nzwebservice.co.nz reserves the right to change these Policies
without prior notice or warning. Non-enforcement of any part
of these Policies does not constitute consent.
Violations of these Policies should be referred to firstname.lastname@example.org
All complaints will be investigated promptly.
Acceptable Use Policy/User Agreement/Terms and Conditions supplied
by website services
Last Updated: 23 October 2002.