Terms and Conditions

Please familiarise yourself with the details on this page. They are a summary of your rights and responsibilities. By proceeding further, or by using our services, you indicate that you agree to these terms and conditions.

(Last updated 12 August 2013)

Definitions

The following words and expressions shall have the meanings hereby assigned to them, except where the context otherwise requires:

  • “Service”, or “Services” means Internet Web hosting, Domain Name and or email services provided by OnTheInternet.co.nz to customers subscribing for the same
  • “Client” and “You” and “Your” means the party or parties who enters into this agreement with OnTheInternet.co.nz
  • “We”, “Our” and “Us” means OnTheInternet.co.nz
  • “Carrier” means any third party we nominate to receive goods and services from, in order to provide you with the agreed service
  • “Content” means any information you publish, display or otherwise make available, through the use of this Service

Our Commitment of Service to you

We aim to provide you with a consistently reliable and high quality service. We do not however guarantee the service. When our service to you is disrupted we will do our best to reinstate the service to you as soon as possible. In the unlikely event that our service is unavailable, you can immediately contact us.

Effective date of Agreement

This agreement will become effective on the date of your order being submitted to us requesting the use of our Service. You shall be deemed to have read this agreement and agree to be bound by the terms and conditions contained herein.

Terms Separately Binding

If for any reason any provisions of this contract cannot be enforced or relied on by either of us, all other terms within this contract remain binding between the parties

Governing Law

This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to and interpreted in accordance with the laws of New Zealand

Variation of Terms of Service

(a) OnTheInternet.co.nz reserves the right to modify, enhance or withdraw the Service upon these Terms and Conditions  at any time without notice.

(b) We also reserve the right to vary our Terms and Conditions. If this occurs we will notify you of the change to your last known email address. After 7 days from the date of notification, we will accept your ongoing use of our service, as your acceptance to the change in Terms and Conditions

(c) OnTheInternet.co.nz will from time to time issue guidelines for the use of our Service. We have no obligation to provide you with any prior notice of any additions or alterations to these guidelines, and continued use of our Service indicates your acceptance of these guidelines.

(d) The service we supply to you will be supplied to you in whatever way we think is appropriate. We can choose the carriers used to provide our services, and we can change the carriers at our discretion, without notice to you.

Information we hold about you

(a) You agree that, for the purposes of this contract and the performance of our obligations to you, that we will collect information about you. You also agree that we  may share this information with our contractors, agents and representatives, with other carriers and with credit reporting and debt collection agencies, only for the purposes of our business and providing the Service to you. You may obtain access to, and correct any information held by us under the Privacy Act 1993.

(b) You agree, that should the information you have supplied us change you will notify us immediately of the changed details by emailing us.

(c) OnTheInternet.co.nz has a strict policy about the use of your personal details. We agree not to sell or pass onto anyone else your personal details, without your prior consent.

Terms of Payment

(a) In consideration of OnTheInternet.co.nz providing you with the Service, you agree to make payment of your relevant account charges within 20 days of the receipt of your invoice. Your invoice will be sent to your last known email address.

(b) If your account falls overdue we have the right to discontinue the Service we provide to you. You will still be liable for any outstanding amounts. We will attempt to notify you of our intention to do this, giving 3 working days notice to your last known email address.

(c) We do not offer refunds of less than one months hosting fees. Credits of less than 1 months hosting fee may be applied to your hosting account for future use, but cannot be provided in cash.

(d) If we are forced to refer your account  to our debt collection agency, you will be liable for these collection costs, in addition to any outstanding monies you owe to us.

Termination of Agreement

(a) Either party has the right to terminate the agreement on 10 working days notice to the other party without cause. If you choose to terminate the agreement, you must notify us of your intention to do so. Our agreement will cease at the end of your current billing cycle provided you have paid us in full all outstanding amounts due to us

(b) We reserve the right to cease immediately without liability to provide the Service and to terminate this agreement if you should go into liquidation or bankruptcy or if you fail to comply with any obligation in accordance with these terms and conditions or any policy or guideline. We may enforce this form of action without prior notice.

(c)We may also suspend or disconnect you from our network without liability if a carrier to us suspends or interrupts it’s service to us and that suspension or interruption affects our ability to provide the Service to you.

Consumer Guarantees Act

If you receive goods or services from us for the purpose of a business, then you agree that the Consumer Guarantees Act 1993 will not apply to this contract or any of our business dealings.

Limitation of Liability

(a) You agree we will not be held responsible under any circumstances for any liability we may have with you. This includes but is not limited to any special, indirect or consequential damages, loss of profits, loss of revenue, and loss of opportunity that result from a breach or a failure or any act or omission on our part or the part of our directors, employees, agents, representatives, contractors or carriers.

(b) To the extent permitted by law none of the above people contained in the preceding paragraph are liable to you, or has to pay you for anything else caused by or resulting from anything any of them does or does not do, or delays in doing, whether or not it is contemplated or authorised by these standard terms.

(c) We shall not be liable for any damage, loss of profit, loss of revenue, or loss of opportunity caused by any type of virus, worm or similar device. You are solely responsible for ensuring the security of your system.

(d) We shall not be liable to you for any loss or damage directly or indirectly arising out of or in connection with any delay in the delivery of goods or service or failure to perform our obligations under this agreement where such delay is caused directly or indirectly by an act of God, armed conflict, terrorist attack, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of, or delay in transportation, or any other cause beyond our control.

(e) This Limitation of Liability applies whether or not our contract with you has ended, and regardless of the type of damage you suffer or howsoever it was caused.

Compensation

(a) If despite the provisions contained in the previous section we are liable to you our liability will be limited to any one or more of the following:

– Supplying of the relevant service again

– Payment of the cost of having the relevant service supplied again

(b) You agree to indemnify OnTheInternet.co.nz if you violate any law, policy or any take any action, that results in any loss to us or the bringing of any claim against us.

Your Content and Compliance with Regulations

(a) You shall be solely responsible for any material you make available through the Service, and its compliance with any legislation, regulation, by-law or rule, having the force of law in New Zealand or any overseas location where such material is prohibited.

(b) You agree that we may monitor content that you make available through our Service. If in our sole discretion we determine that such content infringes these Terms and Conditions or any of our policies or guidelines, we may remove, without obligation to do so, said content. We may also forward such information onto the relevant authorities. You will have no claim against us for this.

(c) We will not be held liable for any illegal activities you perform, or any costs you incur in the operation or use of this service.

Policies and Guidelines

We may from time to time issue service policies and guidelines for use of the Service. These will be listed here, and are in addition to our Terms and Conditions of use

(a) You must not publish, or make available in any way content that is defamatory, inaccurate, abusive, obscene, infringing, or threatening. You may not use the Service to assist any other person or entity to violate any US Federal, State, New Zealand or International law, ordinances or regulation. You are advised that doing so may make you liable for criminal prosecution. In such a situation you agree that OnTheInternet.co.nz cannot be held liable.

(b) The following content and / or activities are prohibited

  • Pornography and sex related merchandising is prohibited. This includes but is not limited to, any site that may display nudity link to adult content elsewhere, or advertise adult or pornographic material
  • Any material that promotes any illegal activity such as distribution of pirated software, or material that is copyrighted elsewhere
  • Any material or action that may be damaging to any server on the internet, such as the bulk delivery of unsolicited email, or the delivery of any virus, Trojan horse or similar device.
  • Any site selling or promoting a bulk email service
  • Promotion of hacking or phreaking techniques, or any type of site that participates in wilful harm to other users of the internet
  • Establishment of gaming servers.

You are advised that doing so may make you liable for criminal prosecution. In such a situation you agree that OnTheInternet.co.nz cannot be held liable.

(c) You may not engage in any activity that would require large amounts of server resource. This includes, but is not limited to:

  • Implementation of CGI Scripts that require large amounts of server resource
  • The running of any background application
  • The installation of any chat rooms, except for the ones we  provide

(d) IRC or IRC bots are prohibited

(e) Commercial advertising through mass mailing

You must not use this service for the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. This also extends to the sending of such messages in any way that implicates the use of any service provided by OnTheInternet.co.nz, or its carriers. If you are found to have breached this policy, OnTheInternet.co.nz reserve the right to disable your account without warning. We may also impose a $500 penalty for each violation of this policy. OnTheInternet.co.nz reserve the right to determine what violates this policy.

You are permitted to operate bulk mailing lists so long as they use an opt-in process with a clear audit trail and so long as unsubscription requests are honoured promptly. Mailing lists must meet all regulations under New Zealand law.

A server limit of 500 emails per hour is set to ensure fair resource usage for everyone using the server. When sending emails you agree not to exceed this limit.

(f) You must not use the Service in any way that would infringe, violate, dilute or misappropriate any legal rights of any other person or organisation, living or dead, without their express permission.

(g) We shall not be liable for any damage caused to your system by any type of virus, worm or similar device. Although some of the services we provide do include Anti-virus protection on Email accounts, you are solely responsible for ensuring that your system is protected from such devices. We recommend the use of separate Anti-Virus software, as well as some type of Internet firewall. You should also note the clauses above under Limitation of Liability, in respect to this policy

(h) While all accounts include some type of backup, we still recommend that you take and maintain your own backup of your site. If you require us to restore from our backup, there may be a service charge to do this.

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