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 Bulk Web 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
Bulk Web Hosting. (referred to hereafter as
"Bulk Web Hosting"). This document constitutes a binding
agreement between Bulk Web Hosting and You as the Bulk Web 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. Bulk Web 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 Bulk Web 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. Bulk Web 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 Bulk Web 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 Bulk Web 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 Bulk Web 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. Bulk Web 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
Bulk Web Hosting at its sole discretion.
3.1.2. Bulk Web Hosting reserves the right to terminate the supply of
any Product or Service to any customer that Bulk Web Hosting, at its
sole discretion, deems unacceptable for any reason without prior
notice.
3.1.3. Bulk Web 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
Bulk Web Hosting in writing.
3.1.5. Bulk Web 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 Bulk Web Hosting the Customer will be solely
responsible for the operation and maintenance of any Product or
Service provided by Bulk Web 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 Bulk Web 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 Bulk Web Hosting.
5.2. Any Disk Space usage in excess of the agreed upon
amount may result in corrective action by Bulk Web 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 Bulk Web 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. Bulk Web Hosting reserves the right to contact customers and advise them of any
usage that Bulk Web 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 Bulk Web Hosting then Bulk Web Hosting reserves the right to
immediately take any corrective action that Bulk Web 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 Bulk Web 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. Bulk Web 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. Bulk Web 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. Bulk Web Hosting is not responsible for the content the
customer includes in any Product or Service provided by
Bulk Web 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
Bulk Web Hosting do not necessarily reflect those of Bulk Web Hosting.
9.3. The contents of any Product or Service provided by
Bulk Web 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 Bulk Web Hosting.
9.5. The customer agrees to ensure that any content provided by
the customer to Bulk Web 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. Bulk Web 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
Bulk Web Hosting from any claims resulting from the use of the service,
which damages the customer or any other party.
10. Acceptable Usage
10.1. Bulk Web 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 Bulk Web 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. Bulk Web Hosting services shall not be used for any purposes
identified as prohibited by Bulk Web Hosting's acceptable use policy.
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
Bulk Web Hosting servers or any other server on the internet or that
contain links to such material.
10.3. Bulk Web Hosting services shall not be used for any purposes, or
provide links to, materials that Bulk Web Hosting, in its sole
discretion, may consider illegal or offensive
10.4. Bulk Web 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. Bulk Web Hosting services shall not be used for any purposes that
Bulk Web Hosting determines, at its sole discretion, to be an improper
use of the Bulk Web Hosting servers.
10.6. Bulk Web Hosting reserves the right to disable any CGI script or
customer account without prior notice if Bulk Web Hosting determines
the script presents a risk to the security, stability or
accessibility of any part of the network.
10.7. Bulk Web Hosting also prohibits the use of any CGI scripts that
are determined by Bulk Web 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 Bulk Web Hosting.
10.8. Bulk Web 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
Bulk Web Hosting from any claims resulting from the use of the service
which damages the Customer or any other party.
11. Security
11.1. The Customer agrees not to compromise the security, either
intentionally or inadvertently, of any Bulk Web Hosting server, service
or equipment or any information stored on any Bulk Web Hosting server,
service or equipment, by any means whatsoever for which they, or
their authorised agent, are partly or wholly responsible.
11.2. The customer acknowledges that Bulk Web 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.
11.3. The customer acknowledges that Bulk Web 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.
12. Leasing
12.1. The customer agrees that the following provisions shall
apply to any webLease or siteLease package ordered by the
customer.
12.2. The customer agrees that Bulk Web Hosting shall retain the
copyright for any item, including but not limited to, graphics
files, web pages or html files, and any programming scripts,
created or supplied by Bulk Web Hosting for use on the customer site
12.3. The customer agrees not to remove, modify, hide, obscure,
or obstruct, in any way, any part of any copyright notice placed
on the customer site.
12.4. The customer agrees to relinquish all legal entitlement to
use any item, including but not limited to, graphics files, web
pages or html files, and any programming scripts, created or
supplied by Bulk Web Hosting for use on the customers site once the
lease has been terminated or has expired.
12.5. The customer agrees to not to use any item in any way,
including but not limited to, graphics files, web pages or html
files, any programming scripts, created or supplied by Bulk Web Hosting for use on the customers site once the lease has been terminated
or has expired.
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 Bulk Web Hosting makes no
guarantees regarding the availability of any domain name(s) at
any time.
13.4. The customer acknowledges that Bulk Web 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. Bulk Web Hosting products and services are provided on an
"AS IS" basis. Bulk Web 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 Bulk Web Hosting,
14.2. Bulk Web 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 Bulk Web 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 Bulk Web Hosting, or the inability to use the products or
services supplied by Bulk Web Hosting.
15.2. Bulk Web 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. Bulk Web 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. Bulk Web 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 Bulk Web 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 Bulk Web 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
Bulk Web 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 Bulk Web 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. Bulk Web 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
Bulk Web 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 Bulk Web Hosting may disclose personal
information about the customer where Bulk Web 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 Bulk Web Hosting, or others;
provided, however that nothing in this section shall impose a
duty on Bulk Web Hosting to make any such disclosures.
19. Enforcement
19.1. Any failures by Bulk Web 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 Bulk Web 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 Bulk Web 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. Bulk Web Hosting shall not be liable for non-performance, delay,
errors, data loss or other loss caused by any event reasonably
beyond Bulk Web 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.
If you have any questions please contact us
|
|
