Definition Of Terms
The following words and expressions shall have meanings hereby assigned to them except where the context otherwise requires: "eziWeb", "us", "we" and "our" means eziWeb Limited; "Service", means services provided by eziWeb; "client", "your" and "you" means the party or parties who the services are provided to, and agree with our Service Agreement.
eziWeb provides you a variety of online services including, but not limited to, domain name registration, email, web hosting, database hosting, sms, data backup and virtual servers (the "Service"). Unless stated otherwise, any new service features that enhance a current service shall be subject to our Service Agreement.
Providing Us With Information
You agree to provide true, accurate, current and complete information relating to who the services are being provided to, whether being an individual, organisation or registered company. You also agree to maintain and promptly update your account information to keep it true accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or eziWeb has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, eziWeb has the right to suspend or cancel your account without notice and refuse any and all current or future use of our services.
We agree to keep your information private, unless you consent to its disclosure, or we are legally required to disclose it. eziWeb does not provided credit references unless specifically agreed upon by eziWeb before the credit reference is requested by a third party.
User Eligibility
You represent and warrant that you are the person legally responsible for all use of this account, and are at least 18 years of age. If you are under 18 years of age, you must have parental consent in order to use our services, and the account must be opened and maintained by a parent or legal guardian, in their name. You agree to provide eziWeb with your full legal name, postal address, telephone number and an email address that is not hosted through eziWeb for our records, and you have a continued obligation to keep this information current.
Providing You With Service
We aim to provide you highly reliable services that can be accessed at anytime. To support our commitment, all eziWeb clients are covered by our Service Level Agreement. A copy of this agreement can be requested at anytime or downloaded from the following URL: http://www.eziWeb.co.nz/support/service-level-agreement.php
If you use our services for personal or non-commercial use, you can exercise your rights under the Consumer Guarantees Act 1993 (CGA) and our Service Agreement does not limit your rights. However if you use our services for business purposes (or you have told us you will do so) then we exclude all warranties implied under the CGA.
Acceptable Use
eziWeb's services may only be used for lawful purposes. Any use which violates any national or international laws which may apply to eziWeb or any jurisdiction that you may be subject to is strictly prohibited. While using a eziWeb service, you will not:
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any national or international law, including without limitation the laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution law.
eziWeb will be the sole arbiter as to what constitutes a violation of this provision and reserves the right to suspend your service without notice.
30-Day Money Back Guarantee
eziWeb's services (excluding Dedicated Servers) are backed by a 30-day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your service, you will be given a full refund of the monthly fees excluding any applicable setup fees, 3rd party services, overages or domain name registrations. Your account must be cancelled within the first 30 days of service and you must provide a valid reason for cancellation for the guarantee to be honoured. Refer to 'Cancellation of Service' for the accepted cancellation methods.
Terms Of Payment
You agree to pay eziWeb for the services received from eziWeb in advance of the time period during which such services are provided.
All service fees are due in full within 14 days of invoice dates. If payment is not received within this period, you will be emailed and posted an overdue notification stating the amount owing and a service suspension date. If payment in full has not been received by the advised suspension date, your services will be suspended without further notice and reconnection fee of $25.00 + GST will apply. Accounts in arrears may have renewal services terminated and/or suspended without notice.
Suspended accounts are cancelled after a further 14 days at which time all data and account settings are deleted from our servers. If any outstanding service fees have still not been received, your account will be referred to our debt collection agency and you will incur all costs of collection pursuant to the Fair Trading Act, 1986.
eziWeb reserves the right to refuse service to any individual, organisaton or company which has previously not complied with our Terms of Payment.
Right To Refuse
eziWeb may at any time and without notice to you, suspend, or refuse to continue to provide service without providing any reason at any time prior to, or after, the service has been suspended or refused. This right will not be unreasonably exercised.
Cancellation Of Service
You fully understand that until and unless you notify eziWeb of your desire to cancel any or all services received, and you complete the cancellation process, those services will continue to be provisioned and invoiced on a recurring basis. In order for the account to be cancelled, it must be paid in full at the time of cancellation.
Without exception, all service cancellations requests must be submitted to support@eziweb.net.nz
That is the only proof of cancellation that will be accepted by eziWeb. There are no refunds or credits once an invoice is generated, unless an invoice for a service is generated after a cancellation requested is submitted.
eziWeb will not accept verbal or faxed instructions to cancel a service or account.
Acceptable Use: Server Performance
If your web site affects the performance or security of the server system, eziWeb at its sole discretion, without notice, may immediately suspend, throttle, or perform any other action that will prevent your site from impacting other clients and the server system as a whole.
Zero Tolerance Spam Policy
eziWeb takes a zero-tolerance stance against sending unsolicited email, commonly known as spam. Sending unsolicited email, from any any server located on the eziWeb network is STRICTLY prohibited. eziWeb will be the sole arbiter as to what constitutes a violation of this provision. The accounts of any user who sends spam will be terminated without notice, regardless of whether the messages were sent from a eziWeb server or from another server advertising a site hosted on eziWeb servers.
Server Maintenance & Updates
eziWeb performs regular upgrades and updates to server applications. These upgrades/updates may require you to update/upgrade your code to be compatible with new versions. You agree to take full responsibility for implementing these updates. eziWeb is not responsible for web site malfunctions after upgrades/updates due to clients running incompatible code.
Scripts
Where you use server side code, you agree to test all code in local test environment before uploading to eziWeb's servers. You are responsible for ensuring that any scripts that you install do not compromise the security of our servers. All installed scripts must be updated with the latest releases and you must ensure that it is not possible to abuse such scripts to gain access to the file system of the server, affect the service of other clients on the server, or to send emails to third parties. eziWeb reserves the right to suspend or cancel your account without notice if a script installed by you is not up to date, is found to be affecting the overall performance of the server, or has been compromised.
Indemnification
You agree to fully defend and indemnify and hold harmless eziWeb of and from any and all claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including lawyers fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of eziWeb in any way related to your use of eziWeb services or any portion thereof.
Limited Warranties
eziWeb makes every reasonable effort to maintain the uninterrupted operation of the services, subject to regularly scheduled server and network maintenance cycles. In no event shall eziWeb be liable for any consequential, indirect, special or incidental damages, even if eziWeb has been advised by the user of the possibility of such potential loss or damage. If eziWeb's service to you is disrupted or malfunctions for any reason, eziWeb shall not be responsible for losses of income due to disruption of service, or any other such issues whether due to the active or passive negligence of eziWeb, beyond those covered in the eziWeb Service Level Agreement.
Force Majeure
eziWeb shall not be liable for any failure or delay in performance of its service, which is caused by circumstances beyond the reasonable control of eziWeb including but not limited to fires, explosions, severe weather, industrial disputes, insurrection, riots, requirements or regulations or any civil or military authority, acts of war (whether declared or not), civil unrest, acts of God, earthquake, flood, riot, embargo, government act, terrorist action, DNS caching, propagation or other DNS issues outside eziWeb's reasonable control or failure or outage of any telecommunications links or other connections forming part of the Internet which are not under the control of eziWeb.
Severance
Each provision of thIs Service Agreement shall be construed separately. If the whole or any part of any such provision may prove to be illegal or unenforceable, this shall not affect the legality or enforceability of any other provision of this Service Agreement and the parties shall try to agree substitute provision for that which is invalid or unenforceable.
Governing Law
The Service Agreement will be construed in accordance with and governed by the laws of New Zealand. Each party agrees to submit to the exclusive jurisdiction of the New Zealand courts.
Dispute Resolution
eziWeb and you will negotiate in good faith and use their reasonable efforts to settle any dispute that may arise out of or relate to this Service Agreement or any breach of it. If any such dispute cannot be settled amicably through ordinary negotiations, the dispute shall be referred to the representatives nominated by each party who will meet in good faith in order to try and resolve the dispute. Nothing shall restrict either party's freedom to commence legal proceedings to preserve any legal right or remedy or protect any proprietary or trade secret right.
You do not have the right to off-set any money that you may claim from eziWeb against anything the you may owe eziWeb from any invoice.
You shall indemnify and keep indemnified eziWeb against all expenses and liabilities eziWeb may incur (directly or indirectly and including legal and debt-recovery costs on a full indemnity basis) following any breach by you of any of its obligations under this Service Agreement.
Amendment
eziWeb may without advance notice amend this Service Agreement from time to time, and will do so by posting the new Agreement on the eziWeb web site in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts. It is your responsibility to periodically check the eziWeb web site for updates of this Service Agreement.
Acknowledgement
You acknowledge that you have read this Service Agreement and agree to all it's terms and conditions. You have independently evaluated the desirability of using the service are not replying on any representation, guarantee, or statement other than as set forth in this agreement.