Hosting Terms and Conditions
SERVER HOSTING TERMS AND CONDITIONS
- If you are a business customer of Orcon's server hosting services, these terms and conditions and the Business General Terms and Conditions will apply to your use of these services. If there is any inconsistency between these terms and conditions and the Business General Terms and Conditions, unless otherwise expressly stated, these terms and conditions will prevail to the extent of the inconsistency. In these terms and conditions "Orcon", "we" or "us" refers to Orcon Limited, and "you" refers to you, a business customer of Orcon's server hosting services.
- 1.1 You must only use the server hosting services in a responsible manner, and follow any instructions we give to you.
- 1.2 Using the server hosting services in ways that we deem inappropriate, abusive, illegal, or similar is strictly prohibited. This includes (but is not limited to) any use of the server hosting services which:
- • interferes with our supply of the server hosting services to our other customers or with the use of the server hosting services by any other person;
- • comprises "system abuse", as described in section 1.1 of our Acceptable Use Policy (which can be viewed on our website at http://www.orcon.co.nz);
- • is obscene, indecent, defamatory or threatening;
- • infringes or is likely to infringe the intellectual property rights of any other person; or
- • sells, markets or promotes illegal products or services;
- 1.3 If you use the server hosting services in a way described in section 1.2, then we may suspend or terminate the server hosting services without notice. If we incur costs as a result of your misuse of the server hosting services, we may pass these costs on to you at our discretion, and legal action may be taken against you.
2. FURTHER RESPONSIBILITIES
- 2.1 You are responsible for:
- • the use of your server hosting services by any person, whether authorised by you or not;
- • the security of your servers;
- • all of your hosted content or information, and the use by any person of this content or information;
- • obtaining and maintaining in force any consents, licences or authorisations required for your use of the server hosting services.
- • any equipment required for you to access and use the server hosting services (other than any equipment provided by us).
3. OUR RIGHTS
- 3.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
- 3.2 You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
- 3.3 We may monitor your use of the server hosting services (including any content or information published on, or transmitted from, your websites) to ensure that you are complying with these terms and conditions.
- 3.4 If the server hosting services are terminated for any reason, you will immediately remove your servers from our facilities.
- 3.5 You should ensure that you have properly backed up all of your server content or information at all times, and store all backed up content and information in a secure location other than at our facilities.
- 3.6 If we suspect that you are involved in any illegal or abusive activities, we may (in our sole discretion) pass on any content or information that relate to these activities to any relevant authorities.
- 3.7 If requested by you we may from time to time provide additional services to you (such as customisation work or technical services) on an hourly fee basis in accordance with our standard hourly rates.
- 3.8 If you cause a security issue that affects our servers, we may, in our sole discretion and without your prior agreement, provide additional services to you (and you will be required to pay for these additional services) on an hourly fee basis in accordance with our standard hourly rates, provided that our fees for remedying any single issue caused by you will not (unless you and we agree otherwise) exceed one month’s charges payable by you for the server hosting services or NZ$2,500, whichever is the greater.
- 3.9 We reserve the right, without prior notice, to perform tests on our systems which may affect your use of the server hosting services. The purpose of these tests is (amongst other things) to test our servers for unrestricted third party relaying. We will use all reasonable efforts to ensure that these tests do not adversely affect the server hosting services provided to you or the security of your systems. Upon being notified by us of any security issues in respect of your systems which are identified by us in these tests, you must correct these issues as soon as possible.
- 3.10 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email. <=
Web Hosting Terms and Conditions
- If you are a customer of Orcon's web hosting services, these terms and conditions and the General Terms and Conditions will apply to your use of these services. If there is any inconsistency between these terms and conditions and the General Terms and Conditions, unless otherwise expressly stated, these terms and conditions will prevail to the extent of the inconsistency. Other Orcom terms and conditions will apply to your use of other Orcon services and can be found at http://www.orcon.co.nz In th.ese terms and conditions "Orcon", "we" or "us" refers to Orcon Limited, and "you" refers to you, a business customer of Orcon's web hosting services.
- 1.1 Your Plan: You must comply with the relevant data allowance for your web hosting plan. These data allowances have been imposed by Orcon to ensure that our servers operate as effectively as possible for the benefit of all our web hosting customers.
- 1.2 Other customers: You acknowledge that you share our web hosting resources with our other customers and agree not to engage in any activity that has, or is likely to have, an adverse impact on our other customers' use of our web hosting resources (for example, any activity involving high data usage such as the use of highly active CGI scripts, or chat scripts). Orcon reserves the right to disable without notice any scripts or sites which have an adverse effect on other customers' sites.
- 1.3 Right to change plan: If you exceed the relevant data allowance for your web hosting plan, we may (in our sole discretion) require you to reduce the amount of your hosted data or change your plan to one that reflects your requirements.
- 1.4 Security: It is your responsibility to ensure that any scripts or websites uploaded to our web servers are configured in a secure manner. We reserve the right without notice to disable any scripts or websites which we think may have an adverse impact on our web hosting services, or our customers' use of these services.
- 2.1 Responsible Use: You must only use the web hosting services in a responsible manner, and follow any instructions we give to you.
- 2.2 Web alias and URL forwarding services: Website aliases and URL-forwarding is intended to allow a website or organization with multiple brand names, product brands or similar domain names (e.g. sitename.co.nz and sitename.net.nz) to coexist or be redirected to the appropriate website section. It is not permitted to associate multiple unrelated domains with a website and use scripting techniques to present the distinct content. The service is not permitted as a method of providing virtual hosting services. By way of example, and not limitation, the following sections outline activities that are expressly prohibited. The service shall not be used to post, transmit, re-transmit or store material which, in the judgment of Orcon:
- • Violates any law ;
- • Could be considered threatening, obscene, indecent, defamatory, threatening or that otherwise could adversely affect any individual, group or entity.
- • Deceptive or fraudulent practices.
- • Any activity infringing on the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, patents.
- • Actions that restrict or inhibit any person, whether an Orcon customer or otherwise, in its use or enjoyment of any Orcon service.
- • Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate these terms and conditions, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
- • The engagement of Orcon services to promote deceptive and or illegal marketing practices, products or services.
- • Interfering with, disrupting, or denying service including, but not limited to, using any technique to intentionally degrade or disable the delivery of any legitimate data (e.g. denial of service attacks).
- • Attempting to gain unauthorized entry to any site or network including, but not limited to, executing any form of network probing, monitoring or other information gathering on the Orcon or a third party site or network.
- • Attempting to circumvent host or user authentication or other security measures of any host, network or account.
- • Maintaining an Open Email Relay/Open Data Relay or allowing any data to be sent through one's system by an unrelated third party, including, but not limited to, via open email gateways and open proxy servers.
- • Manipulate or bypass Orcon's usage limits.
- • Gain or attempt to gain access to a service or services not provided by Orcon this includes but is not limited to console, command line or shell
- • Uploading and or use of a file system manager of any description that provides the ability to access files outside of your allocated
- 2.2 You will not send unsolicited or bulk email from our network. Nor will you promote a site hosted on our network using bulk email.
- 2.3 If you use the web hosting services in a way in breach of this clause 2, then we may suspend or terminate your web hosting services without notice. If we incur costs as a result of your misuse of the web hosting services, we may pass these costs on to you at our discretion, and legal action may be taken against you.
3. FURTHER RESPONSIBILITIES
- 3.1 You are responsible for:
- • the use of your web hosting services by any person, whether authorised by you or not;
- • all your hosted content or information, and the use by any person of this content or information;
- • obtaining and maintaining in force any consents, licences or authorisations required for your use of the web hosting services.
- • any equipment required for you to access and use the web hosting services.
- 3.2 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
- 3.3. You shall observe the procedures which we may from time to time prescribe and shall make no use of the Servers which is detrimental to our other customers.
- 3.4. You shall procure that all email is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
- 3.5. You shall ensure that all web applications and scripts that you run on our servers that send email are adequately protected from malicious abuse, both from website visitors, remote submission, and automated spam programs.
- 3.5 You must provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material published via any Service
4. OUR RIGHTS
- 4.1 We may monitor your use of the web hosting services (including any content or information published on, or transmitted from, your websites) to ensure that you are complying with these terms and conditions.
- 4.2 If your web hosting services are terminated for any reason, we may permanently delete all of your content or information from our servers. You should ensure that you have backed up all of your content or information at all times. We accept no responsibility for any such deleted content or information.
- 4.3 If we suspect that you are involved in any illegal or abusive activities, we may (in our sole discretion) pass on any content or information that relate to these activities to any relevant authorities.
- 4.4 If you receive the web hosting services from us free-of-charge, we may (without requiring your approval) place any advertising material that we consider appropriate on your website(s).
- 4.5 We reserve the right, without prior notice, to perform tests on our systems which may affect your use of the web hosting services. The purpose of these tests is (amongst other things) to test our servers for unrestricted third party relaying. We will use all reasonable efforts to ensure that these tests do not adversely affect the web hosting services provided to you or the security of your systems. Upon being notified by us of any security issues in respect of your systems which are identified by us in these tests, you must correct these issues as soon as possible.
- 4.6 While we will use every reasonable endeavour to ensure the integrity and security of the Servers, we do not guarantee that the Servers will be free from unauthorised users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
- 4.7 Although we do make regular daily backups of all our servers, we do not guarantee the integrity of our backups or that we will be able to recover all or any files, databases, and email. We strongly recommend that you have an independent backup of all data stored on our network in the event we are unable to recover your data after a data loss.
- 4.8 Orcon shall use our reasonable endeavours to make available to you at all times the Servers and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Services.
- 5.1. All accounts other than our reseller account are to be used by the primary owner only, and do not allow the holders to resell, store or give away web-hosting services of their website to other parties.
- 5.2. If you are or become a reseller of our Services you will continue to be bound by these terms and conditions, you will be responsible for ensuring that your customers are bound by terms and conditions that adequately reflect and give effect to these.
- 5.3. You shall not incur or purport to incur on our behalf any liability nor in any way pledge or purport to pledge our credit or to make any contract binding on us.
- 5.4. No default by your customers shall in any way affect, modify or limit your obligations under this Agreement.
- 5.5. If you have a reseller account with us, we authorise you to sell our services under your own brand for the direct use of your clients only. You may not permit your clients to resell the services you provide. <=
1. DATA ALLOWANCE
Domain Name Terms and Conditions
NEW ZEALAND .NZ DOMAINS
1. THE REGISTRAR'S OBLIGATIONS
We agree that we will:
1.1 comply with all .nz policies and accurately represent these to you;
1.2 disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain name sought to be used by you, including price and billing information;
1.3 comply with your lawful directions in a diligent and timely manner regarding your domain name(s), (for example, registration, cancellation, amendment, deletion, and associated technical support and billing);
1.4 process any new domain name registrations with the applicable registry within 3 hours from the time we receive all the information required to complete a registration if it is within our advertised business hours of 8am - 8pm, Monday-Friday, and otherwise within 3 hours of the next business day;
1.5 notify you of the registration of your domain name(s), including the details of: the domain name, your contact details, our contact details, the registration period, the unique authentication ID or other applicable passwords for your domain name and your obligations as a registrant;
1.6 arrange for correction of any error in the information in the applicable register about any domain name registered to you when requested;
1.7 provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge;
1.8 use your personal information only as authorised by you; take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);
1.9 comply with any order of any authority having jurisdiction regarding any domain name registered to you;
1.10 use our best endeavours to deal with any complaints you may have about the services we provide for you.
2. THE REGISTRANT'S OBLIGATIONS
You agree that you will:
2.1 comply with the .nz policies. You agree that you have read and understood the current policies;
2.2 make sure all information you give us is accurate and complete, keep us informed of changes to any information you give us, and that you have the authority to enter into this agreement;
2.3 keep the unique authentication ID and other passwords for your domain names and any other security information that we give to you confidential, safe and secure;
2.4 satisfy yourself that your use of a domain name will not infringe anybody's intellectual property rights and protect us, and everybody we are in any business relationship with to provide services to you, from any such claim;
2.5 ensure that you only use our services for a lawful purpose;
2.6 ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
2.7 ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
2.8 protect us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you.
2.9 You agree to make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.
3. REGISTRATION OF A DOMAIN NAME
When a domain name in the .nz domain name space is registered to you, or in your name as directed by you, then you agree:
3.1 that the following information becomes available to any member of the public:
3.1.1 your name,
3.1.2 your contact details and
3.1.3 the domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name.
3.2 the domain name is registered in your name only because no other person has it according to the records of the register; and
3.3 neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the "who is" database shall not be taken as evidence of anything other than such registration; and
3.4 that you protect us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.
4. REGISTER IS THE RECORD
For all purposes the details shown in the applicable domain name register shall be treated as correct and the authoritative record.
5. PAYMENT OF FEES
5.1 You agree to pay for the services we provide for you.
5.2 If you transfer a domain name registered to you to another registrant or to be managed by another registrar, all charges owing to us shall become immediately due and payable on the date of that transfer.
5.3 We may alter our fees from time to time. When we alter them we will provide notice of the alteration on our website 30 days before the new fee takes effect.
5.4 Our usual fees are specified during the registration process, or will be supplied over the phone and are also available on our website.
5.5 Our prices are stated in New Zealand dollars and exclude GST unless otherwise specified at the time or registration.
6. SUSPENSION AND REFUSAL TO SUPPLY SERVICES
If you do not pay our charges for a domain name registered to you we may:
6.1 cancel registration of that domain name; or
6.2 refuse to provide a service you request.
7. CANCELLATION OF A DOMAIN NAME
If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to that registration, we will give you fourteen days notice before we initiate action to cancel that domain name.
8. EXCLUSION OF LIABILITY
We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of:
8.1 InternetNZ, the .nz Registry and any other entity we are in any business relationship with;
8.2 other domain name registries;
8.3 every officer, employee, contractor, agent of us or any entity in clause 8.1;
8.4 anyone else we get to perform our duties under any agreement you have with us.
None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.
This exclusion applies whatever you are claiming for and in whatever way liability might arise.
This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.
9. LIMITATION OF OUR LIABILITY
We have excluded all other liability we or any of the persons specified in clause 8 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 8 then this clause applies.
Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the services we provide for you (together) is the amount of the last month's fee paid by you under this agreement.
10. LAW AND JURISDICTION APPLYING TO THIS AGREEMENT
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of the services are provided or where you reside. This will be the case until this agreement is cancelled except to the extent clause 14 says otherwise.
To the extent legally permitted:
10.1 all our services are provided under New Zealand law;
10.2 any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you;
10.3 except as otherwise stated, you may take action against us only in a New Zealand court;
10.4 where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you.
11. CANCELLING THE AGREEMENT
11.1 We may cancel or suspend this agreement by giving you one months notice if you do not meet your duties to us.
11.2 We may end the agreement for any other reason by giving you one month's notice.
12. MORE THAN ONE PERSON
You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy ourself that you have permitted those persons to act for you.
13. EACH CLAUSE SEPARATELY BINDING
Each clause of the agreement you have with us is separately binding.
If for any reason we, you, or any of the persons specified in clause 8 cannot rely on any clause, all other clauses of it are binding.
14. RIGHTS AND RESPONSIBILITIES THAT CONTINUE
The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under 2, 4 - 10, 12 - 13, and this clause 14.
15. .nz policies and procedures
INTERNATIONAL DOMAIN NAMES
1. INTERNATIONAL DOMAIN NAME REGISTRANT'S OBLIGATIONSYou agree that You will comply with all terms and conditions required by Orcon Limited (as the International Domain Name “Registration Service Provider”) including:
(i) any terms and conditions required by Tucows.com Co, (“Sponsoring Registrar”); and
(ii) the current Internet Corporation for Assigned Names and Numbers (“ICANN”) Registrant Rights and Responsibilities.
2. REGISTRATION AGREEMENT BETWEEN YOU AND THE SPONSORING REGISTRARhttp://www.opensrs.com/docs/contracts/exhibita.htm
3. ICANN’S REGISTRANT RIGHTS AND RESPONSIBILITIEShttp://www.icann.org/en/resources/registrars/registrant-rights-responsibilities