Terms of Service
THIS AGREEMENT is between getnet.co.nz Limited. ("getnet.co.nz") and you ("Client").
A. WHEREAS, getnet.co.nz provides website hosting;
B. WHEREAS, Client desires getnet.co.nz to provide website hosting;
getnet.co.nz Limited (referred hereinafter as 'getnet.co.nz', 'getnet', 'our', 'we' and 'us') is a web hosting and internet solutions firm.
All accounts on our web servers, including single-domain and multi-domain reseller accounts are subject to the Terms of Service described in this document. This includes your clients (resold accounts), if you resell our services to your clients.
Our Terms of Service define what is acceptable regarding the usage of our servers. These policies protect our clients who utilise our online services. Under the terms of this agreement, your placement of information on our servers is an acknowledgement that you have read, understand, and agree to the Terms of Service below.
1. User Conduct
Our services may only be used for lawful purposes - any use of these services which violates any laws which may apply to getnet.co.nz Limited, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
This means that while using the service, you may not:
Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libellous, offensive, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offensive, give rise to civil liability, or otherwise violate any law and restrict or inhibit any other user from using and enjoying the Internet.
2. Resource Usage and Illegal content
Users may not initiate the following on our servers:
Run any type of interactive real-time chat applications that require server resources. Remotely hosted services are fully allowed. Run stand-alone, unattended server-side processes at any point in time on the server.
This includes any and all daemons, such as IRCD. Run any software that interfaces with an IRC (Internet Relay Chat) network.
Examples of Unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
- ILLEGAL COPYRIGHTED MP3's OR linking to or hosting them.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to getnet.co.nz servers or any other server on the internet. Links to such materials are also prohibited.
Content must not consume more than 8Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time. We reserve the right to suspend any service without warning or compensation in the event of non-compliance with these limits.
getnet.co.nz reserves the right to the final decision on what constitutes abuse.
3. Zero Tolerance Spam Policy
getnet.co.nz takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network; this includes reseller and resold accounts. Very simply this means that Clients of getnet.co.nz may not use or permit others to use our network to transact in UCE. Clients of getnet.co.nz may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of getnet.co.nz SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, getnet.co.nz will initiate an immediate investigation (within 48 hours of notification). During the investigation, getnet.co.nz may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, getnet.co.nz may, at its sole discretion, restrict, suspend or terminate customer's account. Further, getnet.co.nz reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. getnet.co.nz will notify law enforcement officials if the violation is believed to be a criminal offence.
First violations of this policy will result in an "Administrative Fee" of NZ$500 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of NZ$1000 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed NZ$200 per hour that getnet.co.nz personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
getnet.co.nz shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from getnet.co.nz servers going off-line or being unavailable for any reason whatsoever. Further, getnet.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 getnet.co.nz servers.
5. Refusal or discontinuation of service
We reserve the right to refuse, cancel or suspend service without notice, at our sole discretion. Our decision will be final. getnet.co.nz may deny you access to all or part of the service without notice if you engage in any conduct or activities that getnet.co.nz in its sole discretion believes violates any of the terms of service in this agreement. You agree that getnet.co.nz has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers.
6. No warranties
getnet.co.nz makes no warranties or representations, except the money back guarantee policy as advertised, of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by getnet.co.nz or its agents or employees shall create a warranty. getnet.co.nz provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall getnet.co.nz be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with getnet.co.nz service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
You understand that by placing information on getnet.co.nz servers that such information becomes available to all Internet users and that getnet.co.nz has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of getnet.co.nz servers and the Internet.
Your use of the service is at your sole risk. getnet.co.nz is not responsible for files and data residing on your account.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by getnet.co.nz, including restrictions on services available with each service type, restrictions on certain features, and all other policies.
7. Account-Holder Identification Information
You agree that you as the person legally responsible for all use of this account are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in his or her own name. You agree to supply getnet.co.nz with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current.You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
8. Violation of the Terms of Service
As an account holder and/or reseller, you are responsible for your client's accounts. If one of your clients is in violation of the terms of service, we reserve the right to suspend or terminate the account at our sole discretion, depending on the severity of the violation and will inform you at the email address provided to us at the signup. If you or any of your customers violate these terms within the first 30 days of service you do not qualify for the Money Back Guarantee.
9. Domain Registration Terms and Conditions
Domain name registration services where carried out by getnet.co.nz. We cannot be held responsible for any infringements against registered trademarks and further to this, the registrant of any such Domain name infringement will indemnify getnet.co.nz against any responsibility for such infringements of trademark. By registering a domain name using our service the registrant agrees with all of our Terms of Service.
Domain name registration fees are Non-refundable in any circumstances, once we have processed a Domain name, it is irreversible.
Domain names will be automatically renewed unless cancellation is requested 7 days prior to the domain name expiration.
In addition to these terms of registration, all domain name registrants are bound by the policies, terms and conditions implemented by ICANN and the .nz Domain registry (Domainz). These policies, terms and conditions can be found here: http://www.icann.org
10. getnet Website Management System
All websites created by getnet.co.nz Ltd are built into the getnet Website Management System (WMS). Our management system is an application service provider. The software resides on our servers and is accessed by users through a web browser. Clients' websites are inseparable from the website management system, and your use of the system confers no title or ownership of the software and source code behind your website, which are intellectual property copyrighted to getnet.co.nz Ltd. Payment of the setup fee for the getnet Website Management System does not constitute a sale of the system or of any rights associated with the system or software, but is a service fee for setting up the website management system for the client's domain name. To protect our exclusive intellectual property rights, clients who use the website management system have no FTP access and their websites may not be hosted by another company. getnet.co.nz Ltd grants the client a non-exclusive, limited license to use the getnet Website Management System in accordance with these terms of service.
11. Payment of Fees
You agree to supply appropriate payment for the services received from getnet.co.nz, in advance of the time period during which such services are provided. You agree that until and unless you notify getnet.co.nz of your desire to cancel any or all services received, those services will be billed on a recurring basis.
12. Overdue Accounts
Service will be suspended on accounts that reach 7 days past due. Services interrupted due to lack of payment may be subject to a NZ$10.00 reconnect fee for each hosting account. If we do not receive payment after a further 7 days, the account may be cancelled. Such termination will not relieve Client of responsibility for the payment of all accrued charges. We may use a 3rd party to recover any unpaid fees incurred during the period of service provided, plus reasonable interest and any collection fees.
13. Refund and Disputes
All payments after the initial 30 days of service to getnet.co.nz are non-refundable. Domain Name Registration fees are non-refundable. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in getnet.co.nz sole discretion is a valid charge under the provisions of this Terms of Service agreement, you agree to pay getnet.co.nz an "Administrative Fee" of NZ$50.00.
14. Refunds for Web Hosting Services
No refunds other than those that qualify for our 30-day money back guarantee will be issued under any circumstances.
15. Money Back Guarantee
Should you become dissatisfied with our services within the first 30 days of your account activation, getnet.co.nz will refund your hosting fee (Excluding any Domain registration fee, which is non-refundable).
Accounts cancelled/terminated by getnet.co.nz for violating our Terms of Service Policy do not qualify for the 30-day money back guarantee. Clients who have held accounts with us previously are not eligible for the 30 Day Money Back Guarantee under any circumstance. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. To receive a full refund, contact firstname.lastname@example.org
A Reseller is someone who purchases getnet.co.nz services and resells them to their clients. Resellers must bill their own customers and provide support to their clients. Resellers are responsible for all of their clients and must ensure that their clients abide by our Terms of Service.
As you are ultimately responsible for the actions of your clients over the getnet.co.nz network, it is advisable that you develop a similar, or stricter, Terms of Service policy for your clients.
17. Data Transfer and Disk Space Usage
Client agrees that Data Transfer (bandwidth) and Disk Space Usage shall not exceed the number of megabytes (MB) per month for the Services ordered by you. The getnet.co.nz Hosting Management System automatically suspends accounts, which exceed the bandwidth limit. Bandwidth usage can be found in your Control Panel and should be monitored. Bandwidth is reset at the beginning of each service period. You may upgrade your plan at any time to prevent your website from exceeding its set bandwidth limit.
Your initial plan gives you 250 MB disk storage space and 2500 MB website traffic (bandwidth) for NZ$480 per year.
Purchase an additional 250 MB disk storage space and 2500 MB bandwidth for NZ$30.00 per month.
18. Compensation - Data storage - Backup - Service
In the unlikely event of data or service loss, no compensation will be payable by getnet.co.nz or any persons connected with getnet.co.nz for any loss of service, data, earnings or other losses, due to any hardware failure or loss of service from our server.
We carry out daily backups of server data, this data is then copied and transferred to another server or hard drive. This does not mean that we are responsible for the safe storage of our client's data; we carry out this service as a good working practice. If loss of data occurs due to an error of getnet.co.nz, getnet.co.nz will attempt to recover the data at no charge to the client.
It is the clients' responsibility to maintain local copies of their website content. If data loss occurs due to negligence of client in securing their account or by an action of the client, getnet.co.nz may attempt to recover the data from the most recent archive for a NZ$30.00 fee.
Faults should be reported to email@example.com
19. Internet Protocol Numbers
getnet.co.nz maintains control and any ownership of any and all Internet Protocol (IP) 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.
20. Technical Support
getnet.co.nz provides technical support to our Clients. We limit our technical support to our area of expertise. The following are our guidelines when providing support: getnet.co.nz provides support related to your website hosting or functioning.
We do not offer tech support for application specific issues such as CGI programming, Cold Fusion, ASP, .NET, PHP, MySQL, Microsoft SQL or any other programming/database application. getnet.co.nz does not provide technical support for YOUR Clients.
21. Cancellation of accounts
If you no longer need getnet.co.nz services, then you agree to take the proper actions to cancel your account. All requests for cancelling accounts must be emailed to firstname.lastname@example.org with at least 5 days notice. You must include your username and password in your cancellation email (this ensures no one but you can cancel your account).
22. Agreement Acknowledgement
This agreement supersedes any written, electronic, or oral communication you may have had with getnet.co.nz or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
Failure to follow any term or condition listed above will provide getnet.co.nz grounds for the immediate account deactivation of the offending account holders site, further, without refund of any payment made to getnet.co.nz. We will also report abuse of any kind to the relative authority and seek legal action if required.
These Terms of Service are subject to change, it is the responsibility of the Account holder or registrant of our services to read and accept these conditions, before using any of our services. By obtaining our services, the client is stating that they agree with all of our Terms of Service and understands them fully. This Terms of Service page of our website shall be legally binding and applies to all clients at all times - the most recent published information here applies to all clients - existing and new.
No information provided by you to us is sold to any outside 3rd party for any reason.
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