Website Hosting Agreement

  1. Subscriber agrees to use Services according to the following terms and conditions (and understand their hosting and traffic charges):
  2. All Services provided by Four Acres Limited can be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any New Zealand law is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret or other statute. The Client agrees to indemnify and hold harmless Four Acres Limited from any claims resulting from the use of the Services which damages the subscriber or any other parties.
    NOTE: Pornography and sex-related merchandising are prohibited on any Four Acres Limited server. Four Acres Limited will be the sole arbiter as to what constitutes a violation of this provision.
    NOTE: Spamming, or the sending of unsolicited email, from a Four Acres Limited server or using an email address that is maintained on a Four Acres Limited machine is STRICTLY prohibited. Four Acres Limited will be the sole arbiter as to what constitutes a violation of this provision.
  3. Any access to other networks connected to Four Acres Limited must comply with the rules appropriate for that other network.
  4. Website Hosting charges are based on 1Gb Disk space and 10Gb Traffic, unless negotiated seperately.  Any Website exceeding these quota's maybe liable for additional charges (costs pro-rata).
  5. Payment is due upon receipt of invoice. All payments must be in NZ dollars and withdrawable at a NZ bank. Accounts are in default if payment is not received within 30 days after date of invoice. If a subscriber’s cheque is returned by the bank as unredeemable, the subscriber will be deemed to be in default, and will be liable for a “returned cheque” charge of $25.00.
  6. Accounts unpaid 30 days after date of invoice may have their Services interrupted (including disabling administration tools). Such interruption does not relieve the subscriber from the obligation to pay the monthly charge.
  7. Accounts in default are subject to a late payment charge of $25 and an interest charge of 1.5% per month on the outstanding balance. If the subscriber defaults, the subscriber agrees to pay Four Acres Limited its reasonable expenses, including solicitor and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. This account is deemed to be placed in Auckland.
  8. All files, information and mail under the account will be preserved for 15 days from the date the payment is due. If the payment is not received after 15 days, all files, information and mail under the account will be deleted. If the subscriber wishes to use the Services again, the subscriber must re-apply as a new subscriber. For this, an activation fee will be required.
  9. The subscriber agrees that Four Acres Limited has the right to delete all data, files or other information that is stored in the subscriber’s account if the subscriber’s account with Four Acres Limited is terminated, for any reason, by either Four Acres Limited or the subscriber.
  10. No more than one login session may be used at any time by the subscriber or any system account. If the subscriber has multiple accounts, the subscriber is limited to one login session per system account at any time. User programs may be run only during login sessions. Accounts which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation.
  11. Four Acres Limited shall have the right to suspend service to the subscriber at any time, and for reason, without notice. If such a suspension is to last for more than 30 days, the subscriber may be notified as to the reason.
  12. Service provided by Four Acres Limited may be cancelled in writing at any time by either party without penalty provided one months notice is given in writing. Four Acres Limited reserves the right to change the rate by notifying the subscriber 15 days in advance of the effective date of the change. A copy of the website and associated backups will be provided for a cost of $125+GST and must be requested in writing.
  13. The subscriber must certify that he or she is at least 18 years of age.
  14. Four Acres Limited exercises no control whatsoever over the content of the information passing through Four Acres Limited.
  15. Four Acres Limited makes no warranties of any kind, whether expressed or implied, for the service it is providing. Four Acres Limited also disclaims any warranty of merchantability or fitness for a particular purpose. Four Acres Limited will not be responsible for any damage suffered. This includes loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions. Use of any information obtained via Four Acres Limited is at the subscriber’s own risk. Four Acres Limited specifically denies any responsibility for the accuracy or quality of information obtained through its services.
  17. Any defect in the services or in its maintenance shall not entitle the Subscriber to immediate cancellation of this contract.
  18. Without limiting the other terms of this contract, the Subcribers sole remedy against Four Acres Limited shall be limited to breach of contract and Four Acres Limited’s sole and total liability for any such claim shall be limited to, at the option of Four Acres Limited, either the re-supply of the services again or the amount of the current monthly Subscriber’s Levies for the month during which the breach allegedly occurred.
  19. Subject only to Four Acres Limited liability for breach of contract (if any) pursuant to clause above, Four Acres Limited will not be liable to the Subscriber for any claim for breach of contract, breach of statute or breach of duty in tort (including negligence) or for any claim in equity or otherwise at law for any losses or damages whether general, exemplary, punitive, direct, indirect or consequential (including any claim for loss of profits) however caused which may be suffered or incurred by the Subscriber or any third person or which may arise directly or out of or in respect of this contract or the services (or its maintenance) or by reason of any act or omission on the part of Four Acres Limited to comply with its obligations under this contract.
  20. Notwithstanding anything herein contained or implied no employee, agent or director of Four Acres Limited will be liable to the Subscriber for any breach of duty or care in contract, tort, equity or otherwise in relation to the performance of obligations under this contract or in relation to the subject matter of this contract.
  21. To the maximum extent permitted by law all terms, warranties or representations, whether statutory or otherwise and whether express or implied, oral or written as to the state, merchantability, quality, fitness for purpose or fitness of the services and its maintenance are hereby excluded.
  22. Notwithstanding anything else herein contained or implied Four Acres Limited is not attempting to exclude any of its legal liabilities under the Consumer Guarantees Act 1993.
  23. This clause shall survive termination of this contract.
  24. Relationship of the Parties: The Subscriber warrants it has not relied on:
  25. any representation made by or on behalf of Four Acres Limited which has not been expressly stated in this contract; or upon any publicity material or brochures produced by or on behalf of Four Acres Limited.
  26. This contract constitutes the complete and exclusive understanding between the parties in relation to the subject matter hereof and supersedes all prior contracts, proposals, communications and representations made by either party (whether oral or written) and this contract may only be modified if such modification is in writing and signed by a duly authorised representative of each party. This contract shall prevail over any inconsistent terms and conditions in any other contract between the parties whether in correspondence or otherwise and any conditions or stipulations to the contrary are hereby excluded and extinguished. Except as otherwise expressly stated in this contract, neither party has any other responsibility or obligation to the other.
  27. Non Waiver: Failure by any party to enforce any right or obligation with respect to any matter arising in connection with this contract shall not constitute a waiver as to that matter or any other matter either then or in the future. Any waiver of any right or obligation under this contract shall only be of any force and effect if such waiver is in writing and is expressly stated to be a waiver of a specified right or obligation under this contract.
  28. Should any provision of this contract be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this contract shall remain unaffected thereby unless otherwise stated.
  29. These Terms and Conditions supersede all previous representations, understandings or contracts and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of Four Acres Limited services constitutes acceptance of these Terms and Conditions.
  30. All users of our service will be bound by this Agreement.
  31. This user agreement (the ”Agreement”) governs the terms of the use by Subscriber of web-hosting services (the “Services”) offered by Four Acres Limited

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