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1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Cheap Host is part of ebox limited. We can be contacted at support@cheaphost.co.nz

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Cheap Host's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on Cheap Host's web site;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Cheap Host at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on Cheap Host's web site are provided "as is". Cheap Host makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Cheap Host does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Cheap Host or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Cheap Host's Internet site, even if Cheap Host or a Cheap Host authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Fair use policy

If you subscribe to a Product that does not have any usage caps or limits, this Fair Usage Policy ("FUP") will apply to your account and all associated services provided with your hosting package.

A Fair Usage Policy is necessary to ensure our hosting services are used fairly and our services operate reliably for all customers. Resources provided on all our hosting services including but not limited to Reseller Accounts, Web Hosting Accounts, Virtual Private Servers and Dedicated Servers are all governed by this Fair Usage Policy.

Our aim is to provide a fair hosting service to all our customers. Therefore, we think to impose an actual figure on what we consider to be “excessive” use is not necessarily helpful and may penalise users unfairly. What is deemed excessive will be determined by a number of factors including (but not limited to) the length of time which your excessive usage continues for, as well as the amount of resources being used.

If, in our reasonable opinion, you have breached this FUP, we will contact you by email to let you know that that your usage is excessive and is affecting Cheap Host Ltd services/systems and/or other users. We reserve the right to impose reasonable limits to reduce your usage and/or pair you with other users utilising the same or nearly the same amount of usage

6. Revisions and Errata

The materials appearing on Cheap Host's web site could include technical, typographical, or photographic errors. Cheap Host does not warrant that any of the materials on its web site are accurate, complete, or current. Cheap Host may make changes to the materials contained on its web site at any time without notice. Cheap Host does not, however, make any commitment to update the materials.

7. Links

Cheap Host has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Cheap Host of the site. Use of any such linked web site is at the user's own risk.

8. Site Terms of Use Modifications

Cheap Host may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

9. Governing Law

Any claim relating to Cheap Host's web site shall be governed by the laws of the State of New Zealand without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

10. Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

11. Your Responsibilites

You are solely responsible for the development, content, operation, maintenance, and use of Your Content. For example, you are solely responsible for:

  •  the technical operation of Your Content, including ensuring that calls you make to any Service are compatible with then-current APIs for that Service;
  •  compliance of Your Content with our Acceptable Use Policy, and the law;
  •  any claims relating to Your Content;

12. Acceptable Use Policy

You may not use, or encourage, promote, facilitate or instruct others to use, the Services for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.
Prohibited activities or content include:

  • Illegal Activities. Any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting or facilitating child pornography.
  • Harmful or Fraudulent Activities. Activities that may be harmful to others, our operations or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices.
  • Infringing Content. Content that infringes or misappropriates the intellectual property or proprietary rights of others.
  • Offensive Content. Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts.
  • Harmful Content. Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.

13. Hosting

Your web hosting typically covers:

  • Disk space on one of our servers, as per your plan/invoice
  • DNS for your domain name(s)
  • Local and international bandwidth as per your plan
  • Email as per your plan/invoice
  • Daily backups

Monitoring of servers 24/7Support for the Customer's web site application, such as web design, development, maintenance, CMS upgrades/updates and email setup are not included in this service.

13. Termination, Suspension and Cancellation

  • Either party may terminate the agreement for regular hosting with 30 days’ notice, unless there has been a separate contract entered into with a different termination clause.
  • Termination must be given in writing (email)
  • The client will be liable for any outstanding monies at the time of termination.
  • Cheap Host may suspend services without notice where payments for services are overdue.
  • Domains will not be renewed until payment has been received.

 

 

 

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