Terms of Service (TOS)
Webanz.com, provides web hosting to a large number of clients. We have a responsibility to protect each client and provide the best services available. The following terms have been established to meet this objective.
Webanz agrees to furnish services to the subscriber, subject to the following policies also known as AUP (Acceptable Use Policy) and TOS (Terms of Service). in this document Webanz (also Webanz Internet Services) is referred to as "we" or "Webanz", and Client is referred to as "you" or "client".
Use of our services constitutes acceptance and agreement to this TOS (Terms of Service) policy or AUP. These policies may be changed from time to time at our discretion. Client understands that changes to the by the Company shall not be grounds for early contract termination or non-payment.
Our Services:
Webanz provides a range of Internet products and services, including: web hosting, domain registration, design, SEO, content writing and editing.
When you select to subscribe to any of these services it is with your understanding of what each service is, what you can expect to receive, what the costs are, and the payment terms.
We retain the right to refuse service to anyone at any time.
Disclaimer
We are not responsible for any claims resulting from the use of our service. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are prohibited. Webanz will only disclose subscriber information including assigned IP numbers, account history, account use, etc., if required by law.
New Zealand residential customers have rights under the New Zealand Consumer Guarantees Act and this section does not limit those rights. However if you use our services for business purposes (or have told us you will do so) then you agree that the Consumer Guarantees Act does not apply to the services we provide you.
To the extent that the law allows us to do so, we disclaim liability to you in connection with our provision of services to you.
We are not liable for the protection or privacy of electronic mail or other information stored or transferred through the Internet or any other network provider.
We do not claim that you will receive continual and uninterrupted service during the term of this Agreement. In no event shall we be liable to you for any loss or damages resulting from or related to any failure or delay to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond our control. While we endeavour to maintain high uptime of our servers, from time to time downtime will occur for such things as maintenance. Such downtime must be considered by you as being just part of the service, and we are not held responsible. Where possible we shall provide notice of maintenance work and the approximate time the server will be down. But unscheduled maintenance, DDOS attacks, and other downtime beyond our control has to be accepted by all parties and Webanz is not held liable.
We are not liable for the loss of any data or files on our servers. Although we provide a backup service, it is the responsibility of the client to keep their own backups of all data and files.
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Contact & Billing Information:
To use any of Webanz services you must set up an account. In doing so you agree:
- to provide us with correct contact details, and to keep them up-to-date
- to keep your private access details (usernames and passwords) confidential
You must provide us with, and keep current, adequate contact information for you. You must supply a current E-mail addresses not based on the main domain of your account; your full physical address, and current telephone numbers. Maintaining accurate and updated information with us is required. We are not responsible for any claim, damages, fees, or otherwise as a result of accounts terminated or suspended due to inaccurate or unusable contact information. Providing false contact information of any kind may result in the termination of your account.
We provide you with the ability to update your contact details yourself through our online control panel. If you require our support staff to update your details you must send a fax or letter on your company letterhead requesting changes, which must be signed by the account holder, or a company director.
Account Setup:
While we endeavour to provide fast account activations this is not always possible. Certain account types such as semi-dedicated servers and virtual private servers, often require a greater set up time. We make no guarantees for the speed in which an order is completed.
At times fraud checks or additional information may be needed. You agree to provide any information requested in a timely manner.
High risk transactions may require you to provide some form of legal identification and a scan of the credit card used. If you fail to meet any requirements, the order may be cancelled without notice. We will set up your account when we received payment and the order has been screened for fraud.
Account Transfers:
In certain cases where requested by the client, we will transfer your data from the previous provider to our servers. This will be done with our best efforts, however, we do not guarantee the transfer process. This courtesy service is done on an "as requested" and "as available" basis. Each provider may use different software, configurations, and/or other variables which complicate, or, in some cases, prevent a smooth transfer. We will provide free transfers when possible, as long as the new environment and control panel are the same as the old host/server. We will advise you if your free move is not possible and what the rate will be if you wish us to proceed at that point. We do not guarantee the transfers will be successful, complete, or done in a certain period of time.
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Content:
You are responsible for all content on your site or account at all times. All services provided by us may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material that violates New Zealand, Australian, or USA law is prohibited. Use of our services to infringe upon any copyright or trademark is prohibited.
We will not be liable for content your put on or transfer through our servers (including e-mail, images, links, and text) that breaks laws in the country in which you live, or for which the domain TLD of your site.
We prohibit the gathering or publication of the following content on our servers (including pictures, links, and text):
- any material that infringes any copyright, trademark, patent, common law, or rights of others
- any material that in our judgement is threatening, libelous or slanderous
- any material which is or contains anything obscene, pornographic, or offensive including links to such material
- distribution lists to be used via unsolicited electronic mail or other mass electronic mailings
- unauthorised file archives of music, videos, images
- bit torrents,IRC clients, bots, servers, proxies, hacker programmes/archives, Warez
We also prohibit the use of our servers for:
- very high-trafficked websites, without permission
- offering free email or webmail services to the public.
All sites found to be breaking any of the above will be removed with or without notice. Any site found to host perceived child pornography or linking to child pornography will be suspended immediately without notice and reported to authorities. If you publish prohibited material you will be responsible for the traffic charges relating to all downloads of that material.
We reserve the right to determine the definition of "adult content" and unacceptable material on our servers.
Threats and unlawful conduct:
You may not use our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. Use of our services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another company or individual will result in immediate and permanent termination of your account(s).
Fraud:
Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters" is strictly prohibited, and will result in immediate and permanent termination of your account(s).
Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
Attacks and Exploits:
Interference with or disruption of other network users, services or equipment is prohibited. Any activity which affects the ability of other people or systems to use any services or other Internet services such as "denial of service" (DOS) attacks against another network host or individual user. It is the client's responsibility to ensure that their server is configured in a secure manner. A client may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. Unauthorised entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any client attempting to access the accounts of others, or penetrate security measures of other systems.
If your site is reported as having, or found to have, software, scripts, or links to sites that cause damage to any other computer or server, we will suspend your site. You may or may not be notified. If we suspect that this is deliberate on your part, we will terminate your account(s). If we consider that the situation was not deliberate, we will suspend the operation of the site and give you time to clear the offending items.
Commercial Advertising Email aka (SPAM):
Spamming, or the sending of unsolicited email, from one of our servers or using an email address that is maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund.
Sites advertised via SPAM (Spamvertised) are not permitted on our network. This includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately terminated.
We will be the sole arbiter as to what constitutes a violation of this provision. Additionally, claims investigated by us about spam from any of our users or users of theirs, will be billed for such work. The clean up fee for such an instance will be determined by Webanz and usually no less than $500 per incident.
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Payment for services:
Our services operate on a pre-paid basis. This means you must pay for all services in advance.
If you upgrade or downgrade from 1 to 12 months, or vice versa, you will be billed or credited.
You can pay for your account by Visa, Mastercard, or Direct Credit. Most clients set up automatic payment either with their bank, or within their own online banking facility. If you wish to use direct credit or automatic payment, please send us a support ticket and we will advise you of our bank details.
If you choose to pay by credit card it is with the understanding that your card will be stored and used for processing future payments (except in the case where you make a one-off payment.)
Invoices are sent via e-mail through our billing system. We do not mail invoices or receipts except on request. You can also have access to your invoices in your client area.
If you fail to make payment within 15 days we may suspend or restrict the services on your account. Reconnecting services will only made once the account balance or contract term is paid in full. You may also incur a reconnection fee of $30.00.
It is your responsibility to keep your contact details up-to-date to ensure you receive invoices and notifications from us. You will be advised by email if your account is due to be suspended, and in some cases, by telephone.
You will be responsible for any costs incurred to recover your debt.
Domain Registrations:
You are also requesting us to register your domain for you when selecting "new domain" in the order form of our site. All domain registrations are NON-REFUNDABLE.
You must also be aware of the terms of the respective domain registrars we represent: domain registration terms.
IP Ownership:
Webanz maintains control and ownership of any and all IP numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at any time.
Disputes and Failure to Pay:
All billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Webanz's sole discretion, is a valid charge under the provisions of the TOS and /or AUP, you agree to pay an "Administrative Fee" of not less than $50. The Company may temporarily deny service or terminate this Agreement upon the failure of Client to pay charges when due. Such termination or denial will not relieve Client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Refunds and Credits:
Refunds or returns are for credit only. We endeavour to process and apply credits or refunds within 30 days of submission. Plans with terms other than monthly are not refundable. VPS and Semi-Dedicated server, and payments other than monthly payments are NONREFUNDABLE. We reserve the right to refund a prorated amount or no refund at all.
We do not offer credit for downtime owing to routine maintenance, DDOS attacks, or any other causes of downtime outside our control.
Cancellation:
Should you wish to discontinue a service or close your account, you agree that until and unless you notify us in writing through the support ticket system, for all services received, those services are considered active, billable, and will be billed on a recurring basis.
While there are no cancellation fees, you must cancel prior to your next billing cycle. Payments made up to your cancellation date are not refundable.
You are obligated to pay for your account even if you do not use it. Because we have provisioned services and provided you with details you have the ability to use your account. An unused account still uses system resources that could be used for other customers.
If you have a past-due balance on your account it must be paid in full before we will close out the account.
If we have to close your account for nonpayment the remaining balance plus all costs associated with redeeming the amount you agree to pay.
If you disputes justified charges by Webanz on your credit card (chargeback), we have the right to charge a $25 administration fee in addition to late fees, chargeback fees, bank fees, and immediately discontinue service. We do not offer refunds for services after the initial thirty (30) days of service.
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Programs :
We do not allow programs to run continually in the background of shared hosting servers. You can run any legal daemons on your own VPS or Semi-Dedicated server except for IRC and Proxy services. This is to minimize system resources used and operational maintenance needed.
IRC: We DO NOT allow IRC or IRC bots on our network.
Proxy: We DO NOT allow proxy services on our network.
Resource Usage:
If our system administrators determine that a customer's account is utilising an unacceptable amount of system resources, we may temporarily deactivate the account in question to preserve server integrity for other users. We may contact the client to offer alternative solutions for their accounts and make our best attempt to keep their account active without degradation to other clients services. Webanz is the sole arbiter as to what constitutes a violation of this provision. Clients will not use more than 30% of a system's resources for longer than 1 minute or more than 55,000 inodes on any single account.
You may not use your shared or semi-dedicated accounts for file storage of other accounts, backups, storing backups of dvd's, mp3's, or any files larger than 150MB. Large and plentiful files used in this manner on an active system can cause file system corruption and lead to not just your own data loss but that of others.
You may not send more than 1000 emails per hour on your shared, vps, semi-dedicated or reseller accounts. Any emails over that limit will be discarded.
Bandwidth Usage:
Your account is provided with a monthly bandwidth allowance that varies depending on the hosting plan you order. If your account exceeds the allocated amount we reserve the right to suspend the account until the start of the next month, or until you upgrade to a higher plan, or until you purchase more bandwidth. If you terminate the account you are still responsible and liable for any current usage and associated fees for the overages. Bandwidth limits on shared plans are divided into daily equal limits that reset each night. Ie, 300gb month / 30 days = 10gb day.
Dedicated Server Bandwidth Usage:
Data transfer usage for dedicated servers is calculated using 95th percentile, also known as burstable billing, in order to assist clients from heavy overage penalties should they experience unanticipated spikes in traffic.
Back-ups and Data Loss:
We perform daily backups on all of our servers. Our server software does create daily backups for user's sites that you may download on your own, we do not restore a file any user has accidentally deleted or modified. The back-up restoration is for emergency procedures only. You are advised to backup all of your own files to your local drive. If we do have backups available for your files that you need restored, and if we have the ability and time to restore the file(s). There will be a fee for restoring the files depending on the time it takes to perform the work.
We are not responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups. Backup restoration is NOT a fast process. Due to the volume of data being stored, compression, and network file transfers, decompression, restoration, integrity checks, and other variables, the restoration process of large nodes can sometimes take several days. We highly encourage everyone to purchase their own separate managed backups from one of our backup plans if your site or data is critical to your business or livelihood.
Server abuse:
Any attempts to undermine or cause harm to any Webanz server or customer of ours is strictly prohibited. We also cannot be held reliable for the abuse of our client's accounts. Any account that abuses resources and no action is taken to desist, will mean immediate deactivation without any refund of payments made thus far. Any site using what we deem to be excessive cpu cycles or any resources that cause strain on other sites may also be offered new terms. Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our or another entity's computer software or hardware, electronic communications system, or telecommunications system is strictly probibited, and will be immediately suspended, and possibly passed on to the police.
Security:
You are responsible for the security of your site and any loss because of security breaches. You are, therefore, responsible to ensure that scripts are secure and not a security hole that can be exploited by hackers. If you use third party software, or scripts located in your control panel such as supplied in Fantastico!, you are responsible for ensuring you update immediately those updates are advised on the third party's web site. We do not advise when these updates occur. The scripts in the control panel are provided as a convenience, and we are not responsible for support, bugs, updates, or security problems with these scripts and software.
We strongly suggest that when you have received an e-mail from us with your login details to both your client area on the Webanz site, and the control panel for your site, that you immediately change the passwords for both. E-mail is not secure, and passwords sent via e-mail can be "viewed" by hackers. Changing your password from time-to-time is also recommended.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorised access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorised access to another network or server. Sharing your password and account access with unauthorised users is prohibited and you will be held responsible for such use.
Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
You may not attempt to circumvent user authentication or security of any host, network or account. Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Third-Party Software or Scripts
We are not liable for any damage or loss for software or scripts you install on your site. Scripts supplied in the cPanel control panel are supplied for your convenience. We do not offer support for these items; you must go to the manufacturer of the software or script for such support. We are also not liable for any loss or damage to your site caused by these scripts. You are responsible for any security updates of these scripts and software.
Resellers:
Resellers are responsible for supporting their own clients. We are happy to help you support your clients but all support requests must be made by the reseller on their client's behalf for security and privacy reasons. We currently do not provide end-user support to our Reseller's Clients. Resellers are responsible for all content stored or transmitted under their reseller account, clients' accounts, and for the actions of their clients. Resellers and their clients are liable to and responsible for adhering to all the terms in this agreement.
Staff and Personal Abuse:
While we all try to get along, sometimes that's a challenge. Please treat our staff and agents as you would like to be treated yourself. While we are tolerant and understanding, we too are human, please treat us as such. You agree to refrain from abusive and profane language on our systems, interfaces, public, and private communications. Abuse of our staff in any medium or form will result in the suspension or termination of your services.
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Refusal of Service :
We reserve the right to refuse, cancel, or suspend service at our sole discretion.Liability and Warranty:
We are not responsible for any damages you or your business may suffer. We do not make implied or written warranties for any of our services. This includes loss of data resulting from delays, non-deliveries, wrong delivery, any and all service interruptions regardless of cause. The client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, client agrees that the company shall not be liable for any damages arising from such causes. You further acknowledge that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Idemnification:
You agree to defend, indemnify, and hold Webanz harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, our agents, our customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, our agents, employees or assigns.
Governing Law:
This Agreement will be governed by and construed in accordance with the laws of New Zealand, without regard to the principles of conflicts of law. Thelanguage of this Agreement shall be deemed to be the result of negotiation among the parties and their respective counsel and shall not be construed strictly for or against any party. Each party
- agrees that any action arising out of or in connection with this Agreement shall be brought solely in courts of New Zealand,
- hereby consents to the jurisdiction of the courts of New Zealand, and
- agrees that, whenever a party is requested to execute one or more documents evidencing such consent, it shall do so immediately.
If you acquire our services for personal, domestic or household use, the ConsumerGuarantees Act 1993 may apply. If this act does apply, all rights you have under it apply in addition to the rights you may have in this agreement. Nothing in this agreement will limit or exclude your rights under this act.
Where you acquire or hold yourself out as acquiring our services for the purpose of a business, then you agree that the provisions of the Consumers Guarantee Act 1993 will not apply to our service or the provision of any other services to you.
If you sign up to our services as a reseller, you are deemed a business.
Modifications:
These terms may be modified at any time with notice. All users are always subject to the newest terms posted here at all times. It is the end user's responsibility to be aware of the latest terms of service and other policies at all time. It is our responsibility to provide these policies in a ready and readable form. We will, when possible, advise clients of any changes of policy, but not always. If you have any problem understanding any part of this policy, please ask for an explanation before you accept the service. By ordering or requesting any of our services, you are acknowledging that you understand this agreement
Other Policies which must be adhered to
- Site Use Policy
- Domain Registration Policies
