NZHost.com Contract for Data Storage and Transfer:
The following Agreement is by and between NZHost.Com ("NZHOST") of
Auckland, New Zealand
and [contact name]
of [business/organizaton] ("Client")
[full client address]
The agreement is effective as of ________________ , ________ ("Effective Date").
WHEREAS, NZHOST is an Internet Web Hosting Services.
NZHOST offers storage and transfer services over the Internet.
WHEREAS, Client seeks to utilize NZHOST's services for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned
nor controlled by any one entity; therefore, NZHOST can make no
guarantee that any given reader shall be able to access NZHOST's services
at any given time. NZHOST represents that it shall make every good faith
effort to ensure that its services are available as widely as possible
and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained
herein, the parties agree as follows:
I. Financial Arrangements:
1. Client agrees to a monthly or 12 month contract, beginning upon the
receipt of this contract and payment via Automatic Payment, cheque or credit card.
2. First 3 month's or 12 months hosting payment plus setup charges shall be due upon
receipt of order.
3. This agreement will automatically renew for successive X
month periods, where X is the original term agreed upon by both parties,
unless canceled in writing per the Termination clause.
Client will receive an invoice for charges via electronic mail and
payment is due by account expiry date. Renewal prices are subject to change.
Renewal of services by Client indicates agreement to Contract revisions.
4. In the case of a corporate client, the individual under whose name
the order is made, gives full personal guarantee for all payments due.
II. Taxes:
NZHOST shall not be liable for any GST, taxes or other fees to be paid in
accordance with or related to purchases made from Client or NZHOST's
servers. Client agrees to take full responsibility for all GST, taxes
and fees of any nature associated with such products sold.
III. Material and Products:
1. Client will provide NZHOST with material and data in a condition that
is "server-ready", which is in a form requiring no additional manipulation
on the part of NZHOST. NZHOST shall make no effort to validate this
information for content, correctness or usability.
2. Use of NZHOST's service requires a certain level of knowledge
in the use of Internet languages, protocols, and software. This
level of knowledge varies depending on the anticipated use and
desired content of Client's Webspace by the Client.
The following examples are offered:
Web Publishing:
Recommended a knowledge of HTML, properly locating and linking
documents, uploading Web contents, graphics, text, sound, etc.
via FTP.
FrontPage:
Web publishing: knowledge of the FrontPage tools as well as Telnet and
FTP understanding.
CGI Scripts:
Requires a knowledge of the UNIX environment, TAR & GUNZIP commands,
Perl, shell scripts, permissions (chmod), etc.
Auto-responders:
A knowledge of Procmail auto-responder features, forwarding mail, use of mail
clients to receive mail, etc.
The Client agrees that he or she has the necessary knowledge to
create and maintain their web-site. Client agrees that it is not the
responsibility of NZHOST to provide this knowledge or Customer
Support outside outside matter specific to NZHOST's services.
3. NZHOST will exercise no control whatsoever over the content of
the information passing through the network. NZHOST makes no warranties
or representations of any kind, whether expressed or implied, for the
service it is providing. NZHOST also disclaims any warranty of merchant-
ability or fitness for particular purpose and will not be responsible
for any damages that may be suffered by the Client, including loss of
data resulting from delays, non-deliveries or service interruptions by
any cause or errors or omissions of the Client.
Use of any information obtained by way of NZHOST is at the Client's
own risk, and NZHOST specifically denies any responsibility for the accuracy
or quality of information obtained through its services.
Stated connection speed represents the speed of a connection to servers and do
not represent guarantees of available end to end bandwidth. NZHOST expressly
limits its damages to the Client for any non-accessibility time or other down time
to the pro-rata monthly charge during the system unavailability.
NZHOST specifically denies any responsibilities for any damages arising as a
consequence of any unavailability of service for any reason whatsoever.
In the event that any material provided or uploaded by client is not "server-ready",
NZHOST may, at its option and at any time, reject this material, including but not
limited to after it has been put on NZHOST's server. NZHOST agrees to notify the
Client immediately of its refusal of the material and afford Client the opportunity to
amend or modify the material to satisfy the needs and/or requirements of NZHOST.
If the Client fails to modify the material, as directed by NZHOST, within a reasonable
period of time, which shall be determined by NZHOST, the Agreement shall be deemed
to be terminated.
IV. Hardware, Equipment & Software:
The customer is responsible for and must provide all telephone,
computer, hardware and software equipment and services necessary
to access NZHOST. NZHOST makes no representations, warranties or assurances
that the Customer's equipment will be compatible with the NZHOST service.
V. Age:
The Client certifies that he or she is at least 18 years of age.
VI. Internet Etiquette:
Electronic forums such as mail distribution lists and UseNet news
groups all have expectations regarding subject area and appropriate
etiquette for posting. Users of these forums should be considerate
of the expectations and sensitivities of others on the network when
posting material for electronic distribution.
The network resources of NZHOST may not be used to impersonate
another person or misrepresent authorization to act on behalf of others
or NZHOST. All messages trans-mitted via NZHOST should correctly
identify the sender; users may not alter the attribution of origin in electronic
mail messages or posting.
Users must not attempt to undermine the security or integrity of computing
systems or networks and must not attempt to gain unauthorized access.
Clients are not permitted to commit "spam" (unsolicted bulk mailing)
or other similar activities using NZHOST's servers, or "spam" thorugh other
servers promoting the Client's site on NZHOST's servers.
VII. Reasonable Use:
The Client agrees to reasonable server CPU, memory, as well as bandwidth use to be
determined by NZHOST.
VIII. Termination:
This Agreement may be terminated by either party, without cause, by
giving the other party 30 days written notice. Prepaid fees shall not be refunded to
the Client by NZHOST.
Notwithstanding the above, NZHOST may terminate service under this Agreement at any time,
without penalty, if the Client fails to comply with any of the terms of this Agreement.
IX. Limited Liability:
1. Client expressly agrees that use of NZHOST's Server is at Client's
sole risk. Neither NZHOST, its employees, affiliates, agents, third party
information providers, merchants licensers or the like, warrant that
NZHOST's service will not be interrupted or error free; nor do
they make any warranty as to the results that may be obtained from the
use of the service or as to the accuracy, reliability or
content of any information service or merchandise contained in or
provided through the NZHOST service, unless otherwise expressly
stated in this Agreement.
2. Under no circumstances, including negligence, shall NZHOST, its
officers, agents or any one else involved in creating, producing or
distributing NZHOST's service be liable for any direct, indirect,
incidental, special or consequential damages that results from the use
of or inability to use the NZHOST service; or that results from
mistakes, omissions, interruptions, deletion of files, errors, defects,
delays in operation, or transmission or any failure of performance,
whether or not limited to acts of God or Nature, communication failure, theft,
destruction or unauthorized access to NZHOST's records, programs or
services. Client hereby acknowledges that this paragraph shall apply
to all content on NZHOST's service.
3. Notwithstanding the above, Client's exclusive remedies for all
damages, losses and causes of actions whether in contract, tort
including negligence or otherwise, shall not exceed the aggregate
dollar amount which Client paid during the term of this Agreement.
X. Lawful Purpose:
Client may only use NZHOST's Server for lawful purpose. Trans-
mission of any material in violation of any New Zealand or American
Federal, State or Local regulation is prohibited. This includes, but is
not limited to copyrighted material, material legally judged to be threatening or
obscene, pornographic, profane, or material protected by trade secrets.
This also includes links or any connection to such materials.
XI. Indemnification:
Client agrees that it shall defend, indemnify, save and hold NZHOST
harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorneys' fees ("liabilities") asserted
against NZHOST, its agents, its customers, servants officers and
employees, that may arise or result from any service provided or
performed or agreed to be performed or any product sold by Client,
its agents, employees or assigns. Client agrees to defend, indemnify
and hold harmless NZHOST against Liabilities arising out of
(i) any injury to person or property caused by any products sold or
otherwise distributed in connection with NZHOST's Server;
(ii) any material supplied by Client infringing or allegedly infringing on the
proprietary rights of a third party;
(iii) copyright infringement,
(iv) any improper use of the Client's account under any circumstances, and
(v) any defective product which Client sold via NZHOST's services.
XII. Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts.
Revisions will be considered agreed to by the Client on renewal of
NZHOST's services as specified in Section I., Financial Arrangements.
This Agreement shall be governed and construed in accordance
with the laws of New Zealand.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the Effective Date. Specifically, typing "ACCEPT" in
the perscribed box in the NZHOST order form signifies execution of
this agreement by the client on the date that such order is executed and
acceptance of all these terms and conditions.
If you came to these terms from the NZHost.Com order form, then use your browser "Back" button now to return to the order form with all the values you have already entered intact, otherwise click here now to place an order.
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