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Hosted Website and Email Services Terms

  1. These terms relate to NZTG provided email and website hosting services for all hosting account types and plans. This agreement sets out the terms and conditions of your purchased email or website hosting service.
  2. You are bound by the terms of this document, even if you have entered into this document through an agent, and even if you license the use of the hosted service to another person.
  3. Definition of Terms
    1. The following words and expressions shall have meanings hereby assigned to them except where the context otherwise requires: “NZTG”, “us”, “we” and “our” means New Zealand Technology Group Service Limited, our brands and partner businesses; “service”, means services provided by NZTG; “customer”, ”your” and “you” means the party or parties who the services are provided to, and agree with our Service Agreement; “quota”, means a limit of the amount of data that may be stored or transmitted for a given service.
  4. Subscribers are required to:
    1. Be at least 18 years of age. If under 18 years of age, you must provide us with written legal evidence of parental consent in advance of subscribing to our services.
    2. Agree to be held legally and financially liable at all times for all content stored in the hosting account service purchased.
    3. Use the Services for lawful purposes only. Transmission or storage of any information, data or material in violation of any New Zealand law is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret or other statute. The Subscriber agrees to indemnify and hold harmless NZTG from any claims resulting from the use of the service which damages the Subscriber or any other parties.
    4. Ensure that all people who use the Services provided to the Subscriber or via the Subscriber’s account also complies with these Terms and Conditions
    5. Maintain the confidentiality of the Subscriber’s username, login, password, and any other account information and/or identifier provided to the Subscriber in relation to the Services. The Subscriber accepts complete responsibility for all use of the account and of all identifiers, and NZTG is entitled to rely entirely upon use of any password or other identifier as evidence of the Subscriber’s identity and authority. Keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure.
    6. Make sure all information you give us is accurate and complete, keep us informed of changes to any information you give us, and that you have the authority to enter into this agreement.
    7. Satisfy yourself that your use of a hosting service will not infringe anybody’s intellectual property rights and protect us, and everybody we are in any business relationship with to provide services to you, from any such claim.
    8. Ensure that the use of any hosting service registered to you does not interfere with other users of the Internet.
    9. Ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with
    10. Protect us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you.
  5. Banned content – None of the following content is permitted to be stored or transmitted using your hosting accounts services. NZTG will be the sole arbiter as to what constitutes a violation of this provision:
    1. Pornography and sex-related merchandising are prohibited on any NZTG server. NZTG will be the sole arbiter as to what constitutes a violation of this provision. Spamming, or the sending of unsolicited email, from a NZTG server or using an email address that is maintained on a NZTG machine is STRICTLY prohibited.
    2. Storage and/or distribution of: viruses, spyware or malware, anonymisers, pirated software or content, warez, ip scanners, software used for hacking or illegal activity, mail bombs, spam generation, botnets, ponzi/multi-level marketing/pyramid schemes, gambling, hateful/racist content – are not permitted via this service, and we will take steps to detect and prevent the occurrence of such, including suspension or termination of your service.
    3. Any other content that is, in our sole discretion, unsuitable to be stored or distributed by our services.
  6. We reserve all rights to suspend or terminate your hosting service in the event that we determine that any of the above requirements are breached or banned content is found in your hosting account.
  7. If your hosted service affects the performance or security of the server systems, we may, at our sole discretion, without notice, immediately suspend, throttle, or perform any other action that will prevent your site from impacting other clients and the server system as a whole.
  8. We are not required to notify you at any time of taking suspension or termination actions, where such actions are taken as a result of a breach of these requirements or banned content terms.
  9. In the event of a hosting service suspension, you will continue to be billed for the service, and your hosted data will be retained, however the service will not be accessible to other consumers. While suspended, the service will be unable to send and receive emails for your account, and your website or other content hosted online in the hosting service will not be accessible. You will be able to access the service via your online control panel in order to remediate the issues to our satisfaction.
  10. A suspended hosting service will not be resumed or reinstated to live service unless we are entirely satisfied that the reason for the suspension has been entirely remediated, at our sole discretion, and all our requirements and content restrictions are subsequently met.
  11. In the event of termination of service, any and all data hosted as part of your website or email hosting service will be deleted and will not be recoverable. We will not retain any data for hosting accounts that are terminated for any reason.
  12. We have no legal or financial responsibility to ensure that you retain copies of the data hosted in your hosting service account. You are entirely responsible for configuring separate backup copies of the data you have hosted in your account. We provide tools you can use to make a backup copy of the hosting data in your account. If any of your data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable due to termination or suspension of your account pursuant to this Agreement, we will have no obligation or liability to you.
  13. We may at any time and without notice to you, suspend, or refuse to continue to provide service without providing any reason at any time prior to, or after, the service has been suspended or refused. This right will not be unreasonably exercised. We reserve the right to refuse service to any individual, organisation or company which has previously not complied with this Agreement.
  14. You may terminate your email or website hosting service in writing at any time in accordance with the terms of the particular service you have purchased. Termination notices must be provided in writing at least 30 days in advance of the termination date except where the purchased service provides a different notice period.
  15. You agree to pay for the hosting service you have purchased while you have a subscription with us regardless of whether you have made other changes required to use the service on the internet. We are not responsible for arranging changes to domain names, DNS servers or DNS records, or any other changes to make an email or website publicly accessible over the internet. We will not provide credits or refunds for hosting accounts that are not made publicly accessible by you.
  16. You agree to fully defend and indemnify and hold harmless NZTG of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including lawyers’ fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of NZTG in any way related to your use of NZTG services or any portion thereof.
  17. We shall not be liable for any failure or delay in performance of our service, which is caused by circumstances beyond the reasonable control of NZTG including but not limited to fires, explosions, severe weather, industrial disputes, insurrection, riots, requirements or regulations or any civil or military authority, acts of war, civil unrest, acts of God, earthquake, flood, riot, embargo, government act, terrorist action.
  18. If the service you have purchased includes a quota, that quota will be enforced and you agree to its enforcement.