Terms of Service

Please read the Terms and Conditions carefully. By ordering any product or service the customer agrees to the following terms and conditions. 
 

Terms and Conditions of Service 

Agreement between Affordable Hosting and The Customer 
  
1.  Introduction 
1.1. The following TERMS AND CONDITIONS AGREEMENT (referred to hereafter as "the Agreement") details the terms and conditions for all products (the "products") and/or services (the "services") provided and administered by Affordable Hosting. (referred to hereafter as "Affordable Hosting"). This document constitutes a binding agreement between Affordable Hosting and You as the Affordable Hosting customer (referred to hereafter as "the customer"). The Agreement must be accepted prior to the provision of any products or services the customer orders through submission of the order form (the "Purchase"). By ordering the products or services the customer agrees to be bound by the terms and conditions set forth below without modification. 
  
2.  Fees and Payment 
2.1. The customer shall pay the fees and any other charges for each Product or Service as provided in the Purchase and this Agreement. 
2.2. All fees must be paid by the due date and are non-refundable. 
2.3. Affordable Hosting reserves the right to change rates by notifying the customer by email thirty (30) days prior to the effective date of the change. 
2.4. All payments shall be made in New Zealand Dollars. 
2.5 In the case of monthly hosting fees, The customer agrees that Affordable Hosting may charge the customer a default fee, not exceeding a value equivalent to one months service charges, if the customer fails to make payment by the renewal date.
2.6. Affordable Hosting reserves the right to suspend or terminate the customer's account if payment is not made by the due date. Such suspension or termination shall not relieve the customer of the obligation to pay the fees due.
2.7. The customer agrees that Affordable Hosting may charge the customer a default fee, not exceeding a value equivalent to three months service charges, to resume a suspended Product or Service. 
2.8. The customer agrees to pay Affordable Hosting its reasonable expenses, including solicitor and collection agency fees, incurred in enforcing its rights under this Agreement. 
  
3.  Term and Termination 
3.1. In the event the customer Purchases any Product or Service provided by Affordable Hosting, this Agreement shall become effective upon your completion of the Purchase and submission of all necessary payment for the applicable Product or Service, and shall continue unless terminated as provided below. 
3.1.1. Affordable Hosting reserves the right to terminate the Agreement and the supply of any Product or Service to the customer for any breach of the provisions of the Agreement as determined by Affordable Hosting at its sole discretion. 
3.1.2. Affordable Hosting reserves the right to terminate the supply of any Product or Service to any customer that Affordable Hosting, at its sole discretion, deems unacceptable for any reason without prior notice. 
3.1.3. Affordable Hosting shall have no obligation to refund any unused fees to the customer due to early termination of any Account. 
3.1.4. You may terminate the Services at any time by advising Affordable Hosting in writing. 
3.1.5. Affordable Hosting has no obligation to refund any unused fees to the Customer. 
  
4.  Responsibilities 
4.1. Unless the customer has Purchased an appropriate management service from Affordable Hosting the Customer will be solely responsible for the operation and maintenance of any Product or Service provided by Affordable Hosting. 
4.2. The customer agrees to keep any information required to access their account, Products or Services confidential and not allow any other person or company to use the account, Product or Service. 
4.3. The customer agrees to be solely responsible for any and all activities that arise from any access to the customers account, Product or Service. 
4.4. The customer agrees to notify Affordable Hosting immediately if there is any reason to believe that the security of the account, Product or Service has been compromised. 
4.5. The customer agrees to be solely responsible for ensuring any scripts, programs or other executable files used on their account are kept up to date and secure. 
4.6. The customer agrees to be solely responsible for any information that they collect and store from any source. 
4.7. The customer agrees to keep all such information confidential and to exercise the same degree of care and security standard in the industry and to meet all legal requirements in the appropriate jurisdiction. 
  
5.  Disk Space 
5.1. You agree that Disk Space usage shall not exceed the amount allocated for the Services ordered by the customer through the Purchase. This usage shall be monitored and measured by Affordable Hosting. 
5.2. Any Disk Space usage in excess of the agreed upon amount may result in corrective action by Affordable Hosting, in its sole discretion, including but not limited to, assessment of additional charges, suspension of any and all Products or Services, or termination of the Agreement. 
5.3. In the event that Affordable Hosting elects to take any corrective action, the customer shall not be entitled to a refund of any fees paid in advance prior to such corrective action. 
  
6.  Data Transfer 
6.1. The customer agrees to manage their bandwidth usage in a responsible manner. The customer acknowledges that the term "Unlimited" used in any promotional material refers to normal visitor traffic and does not include activities such as providing any type of service or resource to any third party, offering file downloads, or serving audio or video. 6.2. Affordable Hosting reserves the right to contact customers and advise them of any usage that Affordable Hosting, at its sole discretion, believes to be excessive or unreasonable. 
6.3. If the customer fails to resolve the issue to the satisfaction of Affordable Hosting then Affordable Hosting reserves the right to immediately take any corrective action that Affordable Hosting, at its sole discretion, feels appropriate, including but not limited to, restricting the bandwidth allocation to a customer. 
6.4. In the event that Affordable Hosting elects to take any corrective action, the customer shall not be entitled to a refund of any fees paid in advance prior to such corrective action. 
  
7.  Customer Communication 
7.1. Affordable Hosting reserves the right to send the Customers notices regarding but not limited to, operational changes, service changes, special promotions, and new services. 
7.2. These notices may be transmitted by electronic mail, standard mail or fax. 
  
8.  Amendments/Modifications 
8.1. Affordable Hosting reserves the right to amend the Products or Services offered and add, delete, suspend or modify the terms and conditions of the Products or Services set forth in this Agreement, at any time, and to determine whether and when, at its sole discretion, any such changes apply to both existing or future customers. 
  
9.  Content 
9.1. Affordable Hosting is not responsible for the content the customer includes in any Product or Service provided by Affordable Hosting. 
9.1.1. The customer agrees to be solely responsible for the backup and recovery of any content relating to their account in the event any account content is lost, corrupted or otherwise becomes unusable.
9.2. The content, subject matter, opinions and views expressed by the customer in any Product or Service provided by Affordable Hosting do not necessarily reflect those of Affordable Hosting. 
9.3. The contents of any Product or Service provided by Affordable Hosting are not reviewed in any way prior to being included in the Product or Service. 
9.4. The customer takes full responsibility for the content they include in any Product or Service provided by Affordable Hosting. 
9.5. The customer agrees to ensure that any content provided by the customer to Affordable Hosting for inclusion on their web site does not. 
9.5.1. Breach any part of this agreement 
9.5.2. Breach any intellectual property rights including but not limited to Trademark or Copyright. 
9.5.3. Breach any law that applies in this jurisdiction or your local area. 
9.6. The customer agrees to assume all responsibility for failing to meet these conditions. The customer agrees that they will be solely responsible for any liability including damages for failing to meet these conditions. 
9.7. Affordable Hosting reserves the right to terminate your account, suspend any service or remove any content it determines, at its sole discretion, is in violation of any provision of this Agreement. 
9.8. The customer agrees to indemnify and hold harmless Affordable Hosting from any claims resulting from the use of the service, which damages the customer or any other party. 
  
10. Acceptable Usage 
10.1. Affordable Hosting services shall only be used for lawful purposes. Transmission or solicitation of any material that violates any laws that may apply in this jurisdiction or your local area is prohibited. This may include but is not limited to, 
10.1.1. blatant expressions of bigotry, racism, hatred, profanity 
10.1.2. promoting or providing instructional information about illegal activities 
10.1.3. promoting physical harm or injury against any group or individual, 
10.1.4. material that infringes on copyright, trademark, intellectual property rights, 
10.1.5. material that Affordable Hosting, at its sole discretion, determines to be threatening or obscene 
10.1.6. material protected by trade secret and other statute without proper authorisation. 
10.2. Affordable Hosting services shall not be used for any purposes that Affordable Hosting, at its sole discretion, determines to be prohibited, illegal or offensive. This includes but is not limited to, 
10.2.1. Pornography and sex-related merchandising including sites that may infer sexual content, or that contain links to adult content located elsewhere 
10.2.2. sites that promote any illegal activity 
10.2.3. sites that present content that may be damaging to Affordable Hosting servers or any other server on the internet or that contain links to such material. 
10.3. The provision of unlimited resources are provided on a reasonable use basis. The customer agrees their use of such resources
10.3.1 shall not adversely effect the security, stability or accessibility of any part of the network
10.3.2 shall not adversely effect the perfomance of the server or other accounts located on the server
10.3.3 shall be limited to the running their website and not be used for the following purposes:
10.3.3.1 providing CGI resources for any third party,
10.3.3.2 acting as a file repository or archive,
10.3.3.3 acting as a backup server,
10.3.3.4 serving files for other sites
10.4. Affordable Hosting services shall not be used for any purposes other than serving the Customers needs directly and may not be used to provide services or resources to a third party. This includes but is not limited to, 
10.4.1. providing CGI resources for any third party, 
10.4.2. acting as a file repository, 
10.4.3. serving files for other sites 
10.5. Affordable Hosting services shall not be used for any purposes that Affordable Hosting determines, at its sole discretion, to be an improper use of the Affordable Hosting servers. 
10.6. Affordable Hosting reserves the right to disable any CGI script or customer account without prior notice if Affordable Hosting determines the script presents a risk to the security, stability or accessibility of any part of the network. 
10.7. Affordable Hosting also prohibits the use of any CGI scripts that are determined by Affordable Hosting, at its sole discretion, to be inherently malicious. The use of such scripts may result in the termination of the customer's account and the pursuit of any and all legal remedies available to Affordable Hosting. 
10.8. Affordable Hosting reserves the right to terminate your account, suspend any service or remove any content it determines, in its sole judgment, is in violation of any provision of this Agreement. 
10.9. The customer agrees to indemnify and hold harmless Affordable Hosting from any claims resulting from the use of the service which damages the Customer or any other party. 
  
11. Backups and Data Loss
11.1. The Customer agrees to be solely responsible for the backup of any data, information or content relating to their account.
11.2. While Affordable Hosting performs daily backups they are for the sole purpose of Affordable Hostings own internal disaster recovery.
11.3. Affordable Hosting does not imply, warrant or otherwise guarantee that any customer account data, information or content may be retreived from internal backups.
11.4. The customer agrees that Affordable Hosting will have no obligation or liability in the event of any customer account data, information or content being damaged, deleted, lost or corrupted.
  
12. Security 
12.1. The Customer agrees not to compromise the security, either intentionally or inadvertently, of any Affordable Hosting server, service or equipment or any information stored on any Affordable Hosting server, service or equipment, by any means whatsoever for which they, or their authorised agent, are partly or wholly responsible. 
12.2. The customer acknowledges that Affordable Hosting is not responsible for the security of any item used in the transmission, processing or storage of data on any network unless explicitly specified as such. 
12.3. The customer acknowledges that Affordable Hosting cannot ultimately guarantee the security of any data transmitted, processes or stored on the network and that any such data may be subject to corruption, interception or loss. 
  
13. Domain Name Registration 
13.1. The customer acknowledges that certain organisations such as national registries may establish guidelines, rules and policies regarding domain name registration. The customer agrees to be bound by any such policy and to accept responsibility for compliance with any such policy and to assume full liability for failing to comply with any such policy. 
13.2. The customer acknowledges that certain organisations may establish guidelines, limits and/or requirements that relate to the amount of information that any Domain Name Registration Service Provider may or must make available to public or private entities, and the manner in which such information is made available. The customer consents to any and all such guidelines, limits, requirements and disclosures in connection with the registration of a domain name, including any updates to such information, whether during or after the registration term of the domain name. 
13.3. The customer acknowledges that Affordable Hosting makes no guarantees regarding the availability of any domain name(s) at any time. 
13.4. The customer acknowledges that Affordable Hosting makes no guarantees regarding the timeliness of any domain name registration submissions or the processing of that submission by any other organisation. 
  
14. Disclaimer of Warranties 
14.1. Affordable Hosting products and services are provided on an "AS IS" basis. Affordable Hosting makes no representations or warranties of any kind, either express or implied, including but not limited to 14.1.1. The implied warranties of merchantability, fitness for a particular purpose, title and non infringement. 
14.1.2. That a particular product or service will meet your requirements 
14.1.3. That a particular product or service will be available or continue to be available 
14.1.4. That a particular product or service will be accessible, uninterrupted, timely, secure or operate without error 
14.1.5. Any implied warranty arising from a course of dealing or usage of trade 
14.1.6. Any obligation, liability, right, claim or remedy in tort including those arising from the negligence of Affordable Hosting, 
14.2. Affordable Hosting disclaims any and all such warranties to the maximum extent permitted under applicable law. 
  
15. Limitation of Liabilities 
15.1. In no event shall Affordable Hosting be liable for damages of any kind, including but not limited to, direct, indirect, incidental, punitive and consequential damages, arising out of or in connection with this agreement, the products or services supplied by Affordable Hosting, or the inability to use the products or services supplied by Affordable Hosting. 
15.2. Affordable Hosting's liability to the customer for actual damages for any cause whatsoever, regardless of the form of the action, will be strictly limited to a maximum of the Fees, if any, paid by the customer for the product or service which gave rise to the cause of action for the period affected by the cause of action. 
15.3. Affordable Hosting, its officers, directors, owners, agents and employees, shall not be liable to the customer or anyone else for any loss or injury resulting from the use of any products or services, caused in whole or in part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting, maintaining or delivering the services. 
15.4. Affordable Hosting, its officers, directors, owners, agents and employees, shall not be liable to the customer or anyone else for any direct, consequential, special, incidental, indirect, or similar damages, even if advised of the possibility of such damages, resulting from the use or inability to use the services. 
  
16. Representations and Warranties by The Customer 
16.1. The customer represents and warrants that the products and/or services they promote, either directly or indirectly, using any product or service supplied by Affordable Hosting complies with all legal requirements in the appropriate jurisdiction.. 
16.2. The customer represents and warrants that the products and/or services they promote, either directly or indirectly, using any product or service supplied by Affordable Hosting will not violate the rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity. 
  
17. Indemnification 
17.1. The customer agrees to defend, indemnify and hold harmless Affordable Hosting, its subsidiaries, affiliates, officers, employees and agents, from any liability, loss, claim, demand, damage or cause of actions, including reasonable attorney's fees, that may be incurred by Affordable Hosting, asserted by any third party due to or arising out of the customers conduct or use of any products or services or any breach of this Agreement. 
  
18. Privacy 
18.1. Affordable Hosting is committed to protecting your privacy and complies with the provisions of The Privacy Act 1993. 
18.2. Any personal information about the customer gathered by Affordable Hosting 
18.2.1. will not be disclosed to any third party except as specified below. 
18.2.2. will be protected from loss, unauthorised access, use or disclosure as is reasonably practical. 
18.2.3. will only be used for the purposes for which it was gathered or purposes specified within this Agreement. 
18.2.4. will be retained only for as long as necessary 
18.3. The customer agrees that Affordable Hosting may disclose personal information about the customer where Affordable Hosting believes in good faith that such action is reasonably necessary: 
18.3.1. to comply with the law; 
18.3.2. to comply with any legal process; 
18.3.3. to enforce the Agreement; 
18.3.4. to protect rights or interests of Affordable Hosting, or others; provided, however that nothing in this section shall impose a duty on Affordable Hosting to make any such disclosures. 
  
19. Enforcement 
19.1. Any failures by Affordable Hosting to enforce any provision of this Agreement shall not constitute a waiver of any term in the Agreement. 
19.2. If any provision of this TOS Agreement is held invalid or unenforceable, such provision will be struck and the remaining provisions shall be enforced. 
19.3. The unenforceability of any provision in a given jurisdiction shall not render that provision unenforceable in any other jurisdiction. 
  
20. Jurisdiction 
20.1. This Agreement shall be governed by and construed in accordance with the laws of New Zealand. 
20.2. Any dispute or controversy arising under or related to this Agreement or any product or service provided by Affordable Hosting shall be adjudicated in a New Zealand court only. 
  
21. Miscellaneous 
21.1. This Agreement supersedes and replaces any written or oral agreements between Affordable Hosting and The customer. 
21.2. The section titles in this Agreement are for convenience only, and have no legal or contractual effect. 
21.3. Affordable Hosting shall not be liable for non-performance, delay, errors, data loss or other loss caused by any event reasonably beyond Affordable Hosting 's control including, but not limited to acts of God, war, hostilities, revolution, civil disorder, national emergency, strikes, lockouts, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any law, proclamation, regulation, ordinance or other act or order of any court, government or governmental agency.

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