Terms of Service

The Terms of Service below apply to HostingNZ’s web and email hosting services.

Acceptable Conduct

You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using HostingNZ. You will not engage in any activity that interferes with or disrupts HostingNZ’s services or networks connected to HostingNZ

Invoicing and Payment

You agree that HostingNZ shall be permitted to charge you on a monthly or annual for providing services. Payment is due by the date specified on the invoice, service may be interrupted on accounts that are still outstanding one full month, unless other arrangements are made. Accounts that are not collectable by HostingNZ may be turned over to an outside collection agency for collection. The account holder will be liable for all collection costs in this instance.

You are aware that HostingNZ may prospectively change the specified rates and charges from time to time.

HostingNZ is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by HostingNZ. Currency exchange settlements will be based on agreements between you and your bank or credit card provider. All refunds are subject to a $5.00 service charge unless cancelling with the 30 day money-back guarantee period.

Account Cancellation or Suspension

HostingNZ reserves the right to suspend network access to any customer if, in the judgment of the HostingNZ network administrators, the customer's website or email is the source or target of a violation of any of the other terms of service or for any other reason which HostingNZ chooses. HostingNZ will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. HostingNZ reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's website(s) or email(s) were suspended.

If at any time it becomes necessary for HostingNZ to cancel a customer's service without cause, HostingNZ will provide 30 days advance notice.

You may cancel the service at any time calling us on 0800 Web Guy, or sending an email to support@dynamite.net.nz. Cancellation of service does not relieve customer of responsibility for the payment of all accrued charges.

Data Integrity

The customer is responsible for keeping a complete and current copy of their website/email files as a backup on a remote system (not solely on HostingNZ servers).

HostingNZ is not responsible for any lost files, information or data.

HostingNZ makes regular internal backups of internal system configurations and databases. These backups are not intended for keeping backups of customer websites.

Although HostingNZ backups may include customer sites and information for disaster recovery purposes, these backups are not to be relied on by the customer. HostingNZ does not guarantee to possess the most current copy of a subscriber's website/email in its own backups, however, if a customer is to require part of their website/email restored from a previous backup, this will be charged at $50 per hour.

Fair Use

All our Services are subject to this fair use clause. We may apply this fair use clause where in our reasonable opinion your use of our Services is excessive and/or unreasonable as detailed below.

We have developed this fair use clause by reference to average customer profiles and estimated customer use of our Services.

If your use of our services materially exceeds estimated use patterns over any month, then your use will be excessive and/or unreasonable.

If your use is excessive and/or unreasonable HostingNZ may contact you to advise you that your use is in breach of this fair use clause.

We may then request that you stop or alter your use to come within our fair use clause.

If you’re excessive or unreasonable use continues after receipt of a request to stop or alter the nature of such use, we may without further notice, apply charges to your account for the excessive and/or unreasonable element of your use of our services.

 

Limitation of Liability

Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of HostingNZ and that damages resulting from any interruption of service are difficult to ascertain. Therefore, customer agrees that HostingNZ shall not be liable for any damages arising from such causes beyond the direct and exclusive control of HostingNZ. Customer further acknowledges that HostingNZ liability for its own negligence may not in any event exceed an amount equivalent to charges payable by customer for services during the period damages occurred. In no event shall HostingNZ be liable for any special or consequential damages, loss or injury. HostingNZ is not responsible for any damages your business may suffer. HostingNZ does not make implied or written warranties for any of our services. HostingNZ denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by HostingNZ.

Disclosure to Law Enforcement

The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, customer agrees that HostingNZ may disclose any and all customer information account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the customer. In addition, HostingNZ shall have the right to terminate all service set forth in this Agreement.

Warranty Disclaimer

You agree that your use of HostingNZ shall be at your sole risk. All services provided by HostingNZ are available as is, without warranty.

Indemnity

HostingNZ wishes to emphasize that in agreeing to the HostingNZ Terms of Service, customer indemnifies HostingNZ for any violation of the Terms of Service that results in loss to HostingNZ or the bringing of any claim against HostingNZ by any third-party. This means that if HostingNZ is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against HostingNZ, plus all costs and reasonable attorney's fees.

Notice

You agree that HostingNZ may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on HostingNZ services.

Entire Agreement

The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and HostingNZ and govern your use of HostingNZ services, superseding any prior agreements between you and HostingNZ for the use of HostingNZ services.

Waiver and Severability of Terms

The failure HostingNZ to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of HostingNZ services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Uptime Guarantee

HostingNZ provides a 98% uptime guarantee on all HostingNZ hardware and network connectivity. If your website or email is down more than 2% for the previous month, you may request a full months refund. Refund requests must be made within 60 days of the end of the month which your website or email was down for more than 2%.

Support Boundaries

Some of HostingNZ services may require a certain level of knowledge in the use of Internet languages, protocols, and software, while other services may be handled for you. This level of knowledge varies depending on the anticipated use and desired content of your website/email or the services to which you subscribe.

Your Privacy


We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.

Complaints Procedure

Informal procedure


Anyone who experiences a problem with their web service provided by HostingNZ should raise the matter directly by calling us on 0800 Web Guy, or emailing support@hostingnz.net.nz , giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

HostingNZ will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.


Formal complaints procedure


The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.


A formal complaint should be made in writing to HostingNZ, PO Box 31418, Lower Hutt 5040, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.


An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

Acceptable Content

All services provided by HostingNZ may be used for lawful purposes only. It is a violation of our Terms of Service to transmit, store, upload or present any information, data or material in violation of any New Zealand or local law. This includes, but is not limited to, material for which you do not hold the copyrights or written authorisation for its use, material that we judge to be threatening or obscene, material that jeopardizes national security, and/or material protected by trade secret or other laws.

Further, the following content is prohibited on HostingNZ accounts, as are links to such content:

 

Underage pornography includes sites that may imply underage sexual content.

Websites that promote any illegal activity or content or files that may be damaging to HostingNZ servers or any other server on the Internet.

Get rich quick or hate material

IRC, Egg Drops, BNC, or IRC bots to be operated on our servers. Files with references to IRC or any likeness thereof are prohibited; as are programs that act like an IRC server or that provide chat functions that run as background processes.

Pirated software

Hacking sites, programs or archives

Warez sites

Distribution of music files or any other material for which the account holder does not own the copyright, or have the written permission of the copyright holder

Game Servers (dedicated game server programs)

Housing of any of the following files is considered a violation of the terms of service:

Proxies: we do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

Port scanning: we do not allow any kind of port scanning to be done from our servers.

HostingNZ will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to customer.

Spam

HostingNZ has a zero tolerance policy on spam, junk e-mail or UCE. Spam, junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail message, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service and if your email account is compromised for whatever reason (whether you share your password with someone else, or you use the same password on multiple websites, and another website is compromised), which in any way implicates the use of the HostingNZ servers and/or network.

Mailing Lists

HostingNZ’s mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.

Access to Other Computers or Networks without Authorisation

Attempting unauthorised and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.

Violation of the above terms will result in one or more of the following:

    A warning from HostingNZ personnel by E-Mail or Telephone.

    Removal of DNS for the advertised/originating site

    Temporary shutdown of the website/server or a block on outgoing mail

    Permanent disconnection of service, without refund

    If your actions (either directly or indirectly) have caused HostingNZ servers or IP Addresses to be placed on ANY blacklists and other mail filtering software systems used by ISP’s and Web Hosting companies around the world, you will be charged $1000 NZD + GST plus $150 NZD + GST per hour for administrative charges incurred to remove and protect our servers and/or IP Addresses.

Repeat violation of the above terms (same domain, within 3 months) will result in the following actions:

    Immediate disconnection of service with no re-activation

    A $1000.00 NZD fee charged to your account for violation.

    Absolutely no refunds for any reason.

    If your actions (either directly or indirectly) have caused HostingNZ servers or IP Addresses to be placed on ANY blacklists and other mail filtering software systems used by ISP’s and Web Hosting companies around the world, you will be charged an additional $1500 NZD + GST plus $250 NZD + GST per hour for administrative charges incurred to remove and protect our servers and/or IP Addresses.

If you have further questions about our mass mailing policy, please send them to support@hostingnz.net.nz. If you want to report abuse by one of our customers, please send the e-mail to abuse@hostingnz.net.nz.