You agree to be bound by these Terms and Conditions by using our web hosting service. In addition our general T&Cs still apply.
Please read our Terms and Conditions in entirety. ITstuff[ed] may, from time to time, update or change these Terms and Conditions without prior notice.
T&Cs published: 1st April 2019
Last change: 1st April 2019
The following words and expressions shall have meanings hereby assigned to them except where the context otherwise requires: “ITstuff[ed]“, “us“, “we” and “our” means ITstuff[ed]; “service“, means Web Hosting Services provided by ITstuff[ed]; “customer“, ”your” and “you” means the party or parties who the services are provided to, and agree with our Terms and Conditions.
2. USER ELIGIBILITY
You represent and warrant that you are the person legally responsible for the use of this service, 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 ITstuff[ed] with your full legal name, postal address, telephone number and an email address.
3. 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 should it change, to keep it accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or ITstuff[ed] has reasonable grounds to suspect that, ITstuff[ed] has the right to suspend or cancel your account without notice and refuse any 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.
4. TERMS OF PAYMENT
You agree to pay ITstuff[ed] for the services requested in advance of the time period during which such services are provided. Payment for services is done via bank transfer or bank card based on invoice provided by us. Payment frequency and time period is to be agreed before starting to use our services.
All ITstuff[ed] web hosting services are non-refundable.
5. RIGHT TO REFUSE
ITstuff[ed] 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. ITstuff[ed] reserves the right to refuse service to any individual, organisation or company which has previously not complied with these T&Cs.
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 Terms and Conditions 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.
Each single web hosting account is active until the service expires. Expiry date being the date you have paid up to in advance. Service cancellation occurs automatically if you do not renew the service before the expiry date. All web hosting services will cease to function after this date. The web hosting service can be reactivated within 60 days after this period by renewing the service. If you wish to cancel your account, you can do so by contacting us via email or phone. Any remaining time left on your account is non-refundable and non-renewable.
Cancellation of Web Hosting: Data Retention
If a web hosting account is not renewed by the expiry date of an associated domain name, the service will be disabled and the data held for: 60 days.
Where the web hosting account expires before the domain name expiry, the web hosting service will be disabled and the data held for: 60 days.
After these periods all data will be deleted from ITstuff[ed] servers and will be unrecoverable.
7. BACKUPS AND DATA LOSS
ITstuff[ed] performs daily backups for it’s own disaster recovery purposes only. ITstuff[ed] does not warrant or otherwise guarantee that these will be available or that data which has been backed up can be retrieved. If any of your data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable due to termination or suspension of your account in accordance with these Terms and Conditions, ITstuff[ed] will have no obligation or liability to you.
ITstuff[ed] strongly recommends that you create regular backups of your data as the ITstuff[ed] disaster recovery backups are not meant to be used for individual customer data recovery.
AT NO TIME SHALL ITSTUFF[ED] ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.
8. SERVER MAINTENANCE AND UPDATES
ITstuff[ed] performs regular upgrades and updates to server applications. These may require you to update/upgrade your code to be compatible with new versions. You agree to take full responsibility for implementing these updates. ITstuff[ed] is not responsible for web site malfunctions after upgrades or updates due to clients running incompatible code.
9. ACCEPTABLE USE
ITstuff[ed] services may not be used for unlawful purposes. Any use which violates any national or international laws which may apply to ITstuff[ed] or any jurisdiction that you may be subject to is strictly prohibited. While using a ITstuff[ed] service, you will not:
Post or transmit any unlawful, threatening, abusive, defamatory, 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.
ITstuff[ed] will be the sole arbiter as to what constitutes a violation of acceptable use and reserves the right to suspend your service without notice. This right will not be unreasonably exercised.
Acceptable Use: Server Performance
If your web site affects the performance or security of the server systems, ITstuff[ed] 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.
- Acceptable Use: Unacceptable Content / Material
The following hosted website content/material is not acceptable. ITstuff[ed] reserves the right to suspend any website hosting the following content with or without notice.
Top sites, file sharing sites, proxy scripts, anonymisers, pirated software, image hosting services, ip scanners, bruteforce programs/scripts/applications, mail bombers/spam scripts, video streaming [no more than a couple streams], high-yield interest programs, Ponzi/pyramid scheme sites, gambling sites, pornographic sites, hateful/racist/harassment orientated sites, hacker focused sites/archives/programs, sites promoting illegal activities, forums or sites that distribute or link to pirated/illegal content, fraudulent sites.
Acceptable Use: Zero Tolerance Anti-Spam Policy
ITstuff[ed] takes a zero-tolerance stance against sending unsolicited email, commonly known as spam. Sending unsolicited email, from any server located on the ITstuff[ed] network is STRICTLY prohibited. The accounts of any user who sends spam will be terminated without notice, regardless of whether the messages were sent from a ITstuff[ed] server or from another server advertising a site hosted on ITstuff[ed] servers.
10. LIMITED WARRANTIES
ITstuff[ed] makes every reasonable effort to maintain the uninterrupted operation of the services. In no event shall ITstuff[ed] be liable for any consequential, indirect, special or incidental damages. If the service to you is disrupted or malfunctions for any reason, ITstuff[ed] 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 ITstuff[ed].
You agree to fully defend and indemnify and hold harmless ITstuff[ed] of and from any and all third party 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 these Terms and Conditions or your negligence whether active or passive or any negligence of ITstuff[ed] in any way related to your use of ITstuff[ed] services or any portion thereof.
12. FORCE MAJEURE
ITstuff[ed] shall not be liable for any failure or delay in performance of its service, which is caused by circumstances beyond the reasonable control of ITstuff[ed] including but not limited to fires, explosions, severe weather, industrial disputes, riots, requirements or regulations or any civil or military authority, acts of war, acts of God, earthquake, flood, government act, terrorist action, DNS caching, propagation or other DNS issues outside ITstuff[ed]’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 ITstuff[ed].
13. GOVERNING LAW / DISPUTE RESOLUTION
The Terms and Conditions 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.
ITstuff[ed] and you will negotiate in good faith and use their reasonable efforts to settle any dispute that may arise out of or relate to these Terms and Conditions 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.
ITstuff[ed] may without advance notice amend these Terms and Conditions from time to time, and will do so by posting the new Agreement on the ITstuff[ed] 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 ITstuff[ed] web site for updates of these Terms and Conditions.
You acknowledge that you have read and agree to all stated terms and conditions.