Acceptable Use Policy/User Agreement/Terms and Conditions
SERVICES
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 NZL1.com website hosting Sign Up Page OR which you may order
at any time and from time to time. NZL1.com 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.
NZL1.com 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 NZL1.com 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 NZL1.com 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. NZL1.com 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 NZL1.com 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
support@nzl1.com as requesting account
termination. Allow at least 72 hours for account deletion. As a policy,
we do not offer refunds or credits.
RESELLERS:
Resellers and their clients are bound by these same Policies, Guidelines
and Disclaimers. By reselling and purchasing NZL1.com services, you hereby
agree that NZL1.com shall not be held liable for any promises or failure
of same that Reseller's extend to their clients, including but not limited
to, quality of service, financial obligations, financial losses or any
other claim NOT provided to Reseller in writing by NZL1.com. It is the
legal duty and obligation of the Reseller to provide these policies and
guidelines to its client(s).
TRAFFIC RESTRICTIONS:
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.
UNACCEPTABLE ACTIVITIES:
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 NZL1.com 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
abuse@NZL1.com. We also do not allow sites selling spamware.
Age. The client must be 18 years of age to obtain our service.
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. NZL1.com
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:
NZL1.com’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:
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 NZL1.com. You must contact us if you intend to use our servers for
this purpose.
Abuse of NZL1.com's Server Resources:
Running programs in the background on a NZL1.com’s server without NZL1.com’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.
Hacking/Cracking:
NZL1.com reserves the right to report illegal activities to any and all
regulatory, administrative, and/or governmental authorities for prosecution.
OTHER BEHAVIOR:
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 abuse@websiteservices.co.nz
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.
CLIENT RESPONSIBILITY:
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.
BACKUPS:
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, NZL1.com
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.
IP NUMBERS:
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.
MONEY BACK GUARANTEE:
Regular Hosting Clients - Should you become unsatisfied with our services
within the first 30 days of your account activation, Website Services
will refund your hosting fee.
Individual Reseller's and Bulk Reseller's - In the event that you become
unsatisfied with our services within 30 days of your reseller account
activation, only your initial account fees will be refunded. Once you
have added a resold account to your Reseller Plan you will no longer qualify
for the money back guarantee/refund. We can not be HELD LIABLE for any
fees that you charge your clients.
NZL1.com does not refund fees which you have paid to InterNIC.
LIMITATION OF LIABILITY:
NZL1.com shall not be responsible for any claimed damages, including incidental
and consequential damages, which may arise from NZL1.com’s servers going
off-line or being unavailable for any reason whatsoever. Further, NZL1.com
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 of service.
NZL1.com shall be the sole arbiter of what is and is not a violation of
these acceptable use policies. NZL1.com reserves the right to terminate
an account at any time and for any reason that causes harm to any NZL1.com
customer's web sites. NZL1.com reserves the right to delete all content
and files upon termination. NZL1.com reserves the right to withhold any
pre-paid funds for any site removed for violations of these policies.
NZL1.com reserves the right to refuse, cancel, or suspend service at our
sole discretion.
NZL1.com 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 abuse@NZL1.com
All complaints will be investigated promptly.
Acceptable Use Policy/User Agreement/Terms and Conditions supplied by
website services
Last Updated: 23 October 2001.