WEBSITE HOSTING ACCEPTABEL 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 and which may order at any time and from time to time and provided by Web-Enz. Web-Enz 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.
Web-Enz provides web hosting to a number of 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 hosted and all services provided by Web-Enz.
BILLING AND PAYMENT
Web-Enz customers shall pay the fees and other charges for each service as provided by Web-Enz as agreed in our quotations and in our pricing and plans statement or our standard schedule of prices, as the same may be amended from time to time. Web-Enz 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 of NZ$15 per month or 5% of the outstanding balance whichever is the greater 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 also have service suspended or terminated at any time without warning. Such suspension or termination shall not relieve you of your obligation to pay the fees and charges due. You agree to pay Web-Enz its reasonable expenses, including legal fees and collection agency fees, incurred in enforcing its rights under this Agreement.
AUTOMATIC CONTRACT RENEWAL
When your contract expires, we automatically renew it unless you ask to cancel your account. You will be billed either monthly, quarterly, bi-annually, or annually, whichever you selected when you signed up. If you would like to cancel your contract, you must email web-enz (using the contact page) requesting account termination. Allow at least 72 hours for account deletion. As a policy, we do not offer refunds or credits.
TRAFFIC RESTRICTIONS
While our packages come with unlimited bandwidth, all bandwidth volume is monitored and any customer using excessive bandwidth will be contacted to discuss and resolve and and all issues this may give rise to.
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.
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 Web-Enz 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 distribute unsolicited email. Any customer repeatedly "mailbombed" or that attracts such behaviour will be asked to leave. If you are not sure if your actions will be in violation, please ask first. We 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. Web-Enz 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, Web-Enz will not substitute itself for a court of law in deciding tort claims raised by the third party.
ABUSE OF THE LAW
Web-Enz 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; stalking. Linking to illegal material is also prohibited. Web-Enz 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 granted. Consent can only be granted to a customer by Web-Enz.
HACKING/CRACKING
Web-Enz 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 behaviour 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 excessive 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.
BACKUPS
All Web-Enz web sites are backed up on a regular basis.
MONEY BACK GUARANTEE
Regular Hosting Clients - Should you become unsatisfied with our services within the first 30 days of your account activation, Web-Enz will refund your hosting fee.
Web-Enz does not refund domain name registration fees.
LIMITATION OF LIABILITY
Web-Enz shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Web-Enz hosting services going off-line or being unavailable for any reason whatsoever. Further, Web-Enz 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 Web-Enz hosting services.
Web-Enz shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Web-Enz reserves the right to terminate an account at any time and for any reason. Web-Enz reserves the right to delete all content and files upon termination. Web-Enz reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Web-Enz reserves the right to refuse, cancel, or suspend service at our sole discretion.
Web-Enz 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 Web-Enz.
All complaints will be investigated promptly.
