18 Heaton Street
RD1, Rotherham, 7379, New Zealand
Phone +64 3 366 6099 +64 3 315 6053
Email support@nzservers.com
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TOS

Our Virtual Server Acceptable Uses Policy (VSAUP) exists for the collective benefit of all of our clients. We have implemented these rules as a measure to protect us from unwanted activities and in order to provide our clients with the most reliable and best overall hosting services and features possible. Our Virtual Server Acceptable Uses Policy is only a portion of our Contract for Virtual Server which you agreed to when you opened your account with us. We ask that as a client you please respect and follow our Virtual Server Acceptable Uses Policy and our Contract for Virtual Servers. We do not have the resources to police thousands of websites 24 hours a day, but if we do find that your website is in violation of our AUP or Contract, we reserve the right to terminate your account without notice, solely at our discretion. Clients who follow our simple policies will never encounter any problems with their service. If after reading through our Acceptable Uses Policy you need clarification on any part of the terms, please feel free to e-mail us at helpdesk@nzservers.com so we can clear-up any questions you have.

Payment policy

All virtual accounts are to be paid for in advance for the term of service you have chosen. Autopayment facilities are also available. Please contact NZServers. If at the discretion of NZServers the payment is made after the setup of the virtual server, a period of 14 days from initial setup is the maximum time period allowed for payment. If you exceed this timetable your account will be suspended until payment is made in full. The definition of payment in full includes any outstanding monies for design or programming work carried out by NZServers at your request.

Restricted content

NZServers.com forbids websites with adult graphic content (softcore and/or hardcore), including, but not limited to, banners advertising any adult website(s), child pornography, and distribution of adult website passwords. Client's whose accounts are found in violation of this policy may, at the discretion of NZServers.com, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnect fee. Client's whose website promotes activities that violate federal, state, local laws and/or violation of New Zealand laws are also not welcome at NZServers.com. This includes "warez" sites (freely distributing copyright programs), or sites promoting hacking and/or cracking programs. Client's whose accounts are found in violation of this policy may, at the discretion of NZServers.com, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee. Additionally, NZServers.com may contact the Software Piracy Association ("SPA") and release any information in connection with any illegal activities relating to software piracy on the Client's account. IRC Bots, or any other automaton programs written in C, Perl or IRC-script used specifically in conjunction with IRC are not allowed. These programs tie up system resources and are in no way related to maintaining a website. Clients are not allowed to have any programs, including but not limited to, Eggdrop, or any other IRC-related programs, within their account. Client agrees not to upload the tar file for any of these programs or to execute them within their account. The first violation of this policy will result in the IRC-related program to be removed from the Client's account and NZServers.com will notify the Client immediately of the violation. The second violation of this policy may, at the discretion of NZServers.com, result in the Client's account(s) being terminated without notice and a maximum clean-up/disconnect fee being imposed. Simply put, we ask that you use your account for the purposes of hosting a non-adult oriented, legal website.

E-mail/Spam Policy

Spamming is the sending of unsolicited e-mail, regardless of size or volume, to persons the sender does not know or have prior consent to send the message to. Using fictitious e-mail addresses @nzservers.com or any domain name hosted with NZServers.com is strictly forbidden. Spamming also includes sending unsolicited advertisements to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user. A violation of this policy extends to clients who send unsolicited e-mail from a domain name not affiliated or hosted with NZServers.com but the mail message makes mention of a website hosted with NZServers.com. NZServers.com allows clients to send mailings to subscribers of their own mailing list. Such mailings must have explicit instructions to the recipient on how to remove his/her name from the list, and all requests to do so must be honoured immediately. Client agrees not to send mailings to lists provided by an outside agency or individual. Client further agrees not to provide mailing list services to others. Due to the nature of a shared-server environment, NZServers.com requests that mailing lists be sent during non-peak hours, specifically between the hours of 1:00 am and 5:00 am, NZServers.com reserves the right to terminate a client's mailing program, whether provided by NZServers.com or not, immediately and without notification to client if said list causes a problem with the e-mail services of other clients. NZServers.com also reserves the right to forbid a client from utilising any mail-sending program that jeopardises the mail services of other clients. Trolling, the posting of outrageous messages to generate numerous responses, is also not allowed. Mailbombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorisation to enter into a secured computer system is strictly forbidden. NZServers.com reserves the right to determine what constitutes abuse of this policy. Clients whose accounts are found in violation of this policy may, at the discretion of NZServers.com, have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee. Copyrighted Material It is the responsibility of the client to ensure that all information within their account is their own work. Due to distribution rights of shareware programs, clients may not distribute freeware software programs unless the programs are their own work. Copyrighted materials include art, music and other works. MP3 is a popular file format for encoding music. While we do not ban MP3s, we do ask that any MP3s you have on your website are not in violation of any copyrights. Copyrighted music, in any format, cannot be placed within client's account. Clients agree to indemnify NZServers.com of any possible litigation involving trademark or copyrighted materials. The best rule to follow is not to copy work from someone else unless you have been granted permission to use these materials on your website. Client agrees not to modify any copyright notices in features (Perl programs, etc.) provided by NZServers.com. Modification of scripts provided by NZServers.com without written permission is strictly prohibited.

Excessive CPU Run Time/RAM Usage

Client agrees to take all responsibility for all programs including CGI scripts executed under their account. Programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) are not permitted. Client agrees and understands that such excessive use can have an adverse effect on the performance of the webserver. Client agrees to accept responsibility for programs executed under his/her account, regardless of who authored the program. The use of cgi or html chat scripts or pages is strictly prohibited. NZServers.com reserves the right to suspend accounts without notice to clients who violate these terms. NZServers.com has sole discretion over what constitutes excessive usage. Programs provided by NZServers.com as an installable feature are not exempt from this policy. While every efforts is made on NZServers.com's end to ensure the program it provides are efficient, problems with excessive usage on particular programs may occur.

Hacked Accounts

If an account has found to be hacked and as a result compromised the A/C depending on the circumstances will be suspended. All passwords will be changed. Any time involved in removing SPAM emails from queues will be charged for in restoring the server to normal loads. Disclaimer: EXCEPT AS EXPRESSLY SET FORTH ON OUR SITES, NZSERVERS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF NZSERVERS' SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH NZSERVERS'S SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH NZSERVERS' SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH NZSERVERS' SERVICES OR THAT NZSERVERS' SERVICES WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NZSERVERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE NZSERVERS'S SERVICES, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH NZSERVERS' SERVICES, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF NZSERVERS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree to indemnify, defend and hold harmless NZservers, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our services, your violation of the Terms of Service or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Service will incure to the benefit of NZservers' successors, assigns and licensees.These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by NZservers.NZServers.com reserves the right to modify the Contract for Virtual Servers and the Virtual Server Acceptable Uses Policy at any time without advance notice given to clients. Renewal of a virtual server with NZServers.com constitutes acceptance to all modifications of the contract and Acceptable Uses Policy. Violation of our terms of service is subject to immediate account termination without notice at the sole discretion of NZServers.com