(III) Financial Arrangements:
(V) Hardware and Software:
(VII) Acceptable Usage:
a) This agreement is required to obtain and maintain service with My Website Cloud Ltd. It acts as protection for both My Website Cloud Ltd and its customers, to prevent misunderstandings, and to provide the framework for a legal recourse in the event of a dispute or violation.
b) My Website Cloud Ltd services may only be used for lawful purposes. Transmission or solicitation of any material which violates national &/or international laws which may apply in our local jurisdiction or your local area, is prohibited. This includes material which is obscene, including all nudity and sexually explicit text or images, threatening, harassing, libellous, or a violation of intellectual property laws. PORNOGRAPHIC CONTENT & WAREZ SITES ARE STRICTLY PROHIBITED.
c) You agree to indemnify and hold harmless My Website Cloud Ltd in any legal action which arises as a result of your use of our services, without limitation or exception.
d) My Website Cloud Ltd makes no warranties or representations of any kind for the services being offered, including warranties of merchantability or fitness for any purpose. You agree not to hold My Website Cloud Ltd responsible for any loss you suffer as a result of using our services, including but not limited to loss resulting from service delays and incomplete or interrupted service, regardless of cause. However, My Website Cloud Ltd agrees that any complete service interruption in excess of 24 hours may justify a refund or credit to its customers for the appropriate amount, but that no further compensation will be made. Scheduled outages and account suspensions do not count towards our refund policy.
e) You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorised for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorised access.
f) You agree that the security of your account or server is your own responsibility. You further agree that if you believe the security of your account or server has been compromised in any way, you will notify My Website Cloud Ltd immediately. You agree that if you become aware of misuse of your account or server, and do not notify My Website Cloud Ltd, you will be held responsible for that misuse.
g) You agree not to transmit unsolicited or prohibited advertising through electronic mail or inappropriate Usenet postings through My Website Cloud Ltd's Server services. You specifically agree that the use of My Website Cloud Ltd's services for transmission or intended destination of unsolicited mass mailings or postings (commonly known as "Spam") will cause your services to be terminated immediately and without warning, and that you will be held legally responsible for any and all damages to My Website Cloud Ltd, both monetary and in reputation, as well as hourly fees for reading the complaints which may arise.
h) You agree that we have the right and responsibility to fully cooperate in any legal investigation regarding any aspect of our services, including services sold to you.
i) You agree that backup of files is your responsibility and that My Website Cloud Ltd is in no way responsible for the loss of, or for saving or returning any data, files or directories stored on the server for/to the Client.
j) This agreement supersedes any written, electronic, or oral communication you may have had with My Website Cloud Ltd or any representative thereof, and constitutes the complete and total agreement between the parties.
k) Violation of any of the terms and conditions of this contract may result in the immediate termination of your services with My Website Cloud Ltd, at our discretion. Criminal or civil prosecution may result in extreme cases.
a) Your personal and/or business information
You agree to supply a current and truthful name, postal and billing address and telephone number for our records. Financial information that is collected is used for billing purposes only. Personal information held by us may include your name, date of birth, current and previous addresses, telephone/mobile/fax phone number(s), e-mail address(es), bank account or credit card details, occupation, login name and passwords. We also hold details of your web hosting services, including their status. If you choose not to provide personal information, we may not be able to provide you with the services you require, or the level of service on which we pride ourselves.
b) How we collect personal information
My Website Cloud Ltd collects personal information in a number of ways, including:
directly from you, when you provide information by phone or in documents such as an application form;
from third parties such as our related companies, credit reporting agencies or your representatives;
from publicly available sources of information; from the organizations identified below under “When we disclose your personal information”;
from our own records of how you use our services;
or when legally required to do so
c) How we use your personal information
Your personal information may be used in order to:
provide the services you require;
administer and manage those services, including charging, billing and collecting debts;
inform you of ways the services provided to you could be improved
conduct appropriate checks for credit-worthiness and for fraud;
research and develop our services;
gain an understanding of your information and communication needs in order for us to provide you with a better service; and
maintain and develop our business systems and infrastructure, including testing and upgrading of these systems.
Your personal information is also collected to promote and market other services which we consider may be of interest to you. If you do not wish us to contact you regarding other services please email us
d) When we disclose your personal information
For the purposes set out above we may disclose your personal information to organizations outside My Website Cloud Ltd. The organizations to which we disclose information include:
outsourced service providers who manage the services we provide to you, including:
billing and debt-recovery functions;
information technology services;
installation, maintenance and repair services;
your representatives (eg. your authorised representatives or legal advisers); • credit-reporting and fraud-checking agencies;
credit providers for credit related purposes such as credit¬worthiness, credit rating, credit provision and financing;
our professional advisers, including our accountants, auditors and lawyers;
government and regulatory authorities and other organizations, as required or authorised by law;
organizations involved in:
a transfer/sale of all or part of our assets or business (including accounts and trade receivables);
and managing our corporate risk and funding functions (eg. securitisation);
e) Help us to ensure we hold accurate information My Website Cloud Ltd takes all reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete and up-to-date. However, the accuracy of that information depends to a large extent on the information you provide. That’s why we recommend that you:
let us know if there are any errors in your personal information; and
keep us up to date with changes to personal information such as your name or address.
f) You can access your personal information
You have a right to access your personal information, subject to some exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. My Website Cloud Ltd reserves the right to charge a fee for searching for and providing access to your information.
a) Client agrees to a monthly, quarterly, semi-annual or yearly contract, and signifies such agreement by acknowledgement in the account set-up form or subsequent written agreement. A month is considered to be a calendar month. The date at which a new account becomes active shall be the date upon which notification is sent to the client of the IP number of the Client server, regardless of a new Domain Name being applied for or transfer of an existing Domain Name to the new server.
b) The transfer of or the first twleve months fees for a Domain Name account, plus set-up charges (if applicable), and registration fees (where applicable), shall be due prior to account activation.
c) This agreement will automatically renew for successive single monthly, 3 monthly, semi-annual or yearly periods unless cancelled in writing at least thirty days prior to the monthly renewal date. Client will receive an invoice via Email for hosting charges 15 days prior to due date and payment is due 15 days after invoice issue. Renewal prices are subject to change. Renewal of services by client indicates agreement to any and all changes in the Terms & Conditions (this document).
d) (1) Accounts which are overdue by 28 days will have an overdue fee of $10.00 added to the invoice.
(2) Accounts which remain unpaid 7 days after this will be suspended & a reactivation fee of $25.00 added to the outstanding invoice. The hosting account will be suspended until payment in full is received.
e) My Website Cloud Ltd reserves the right, in its sole discretion, to deactivate or suspend the Client's account(s) upon an indication of credit problems including delinquent payments. In such case My Website Cloud Ltd is not responsible for saving or returning any data, files or directories stored on the server for/to the Client.
f) My Website Cloud Ltd reserve the right to increase charges at any time. Such increases will be advised at least one month prior to invoicing.
g) It is the clients responsibility to maintain a current, accessable email address in their account in order to receive email correspondence and invoices from My Website Cloud Ltd.
h) it is the clients responsibility to white list
to stop their spam filters from blocking email invoices sent from My Website Cloud Ltd.)
a) Client is not allowed to resell the storage and/or transfer services provided by My Website Cloud Ltd unless the express permission of My Website Cloud Ltd is sought.
Hardware, Software & other properties
a) Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the My Website Cloud Ltd's services. My Website Cloud Ltd makes no representations, warranties or assurances that Client's equipment will be compatible with My Website Cloud Ltd's services.
b) IP Numbers: My Website Cloud Ltd maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
c) System Data Backups: Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients’ responsibility to maintain local copies of their web content and information. If loss of data occurs due to an error of My Website Cloud Ltd , My Website Cloud Ltd will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account, by an action of the client or due to hacking My Website Cloud Ltd will attempt to recover the data from the most recent archive for a fee of $125.00.
d) Protection plan (optional):- We provide optional paid monitoring of your website to alert us of any problems which may arise especially from hackers or defacers. This monitoring allows us to fix your website free of charge as soon as possible after being alerted by the monitoring process. Backup of your datbase is made daily and stored off site for a rotating period of 30 days. Restoration of the last fully functional database is provided free. While My Website Cloud Ltd performs this service we can in no way guarentee the indegrity of each backup.
a) Client certifies that he or she is at least 18 years of age.
a) Unacceptable Activities:
These include spamming (sending unsolicited commercial email, as defined by the New Zealand Spam Act 2007) through the customers hosting account which is provided provided by My Website Cloud Ltd ; mailbombing (inundating a user with email without any serious intent to correspond). Distribution of mass emailing programs is also prohibited. If you are not sure if your actions will be in violation, please ask first.
b) Abuse of the legal rights of others:
Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers. My Website Cloud Ltd supports free speech on the Internet, and will not suspend or cancel a customer’s account simply because it disagrees with the views expressed by any customer. Where there are allegations that a customer’s on-line activity has violated the legal rights of a third party, My Website Cloud Ltd will not substitute itself for a court of law in deciding tort claims raised by the third party. My Website Cloud Ltd reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.
c) Abuse of the law:
My Website Cloud Ltd’s services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law; gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; stalking. Linking to illegal material is also prohibited. My Website Cloud Ltd reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.
d) Other Behaviour:
The following examples of unacceptable behaviour are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask.
Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.
e) Privacy of Information:
Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. My Website Cloud Ltd is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network My Website Cloud Ltd or its customers may utilise. Client hereby agrees to indemnify and hold harmless My Website Cloud Ltd from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's Server account(s).
f) Fair use: We deem fair use for a standard website to be under 5Gb of traffic per month. Excessive bandwidth usage over this quota will need to be negotiated with My Website Cloud Ltd.
a) Client expressly agrees that use of My Website Cloud Ltd 's service is at Client's sole risk. My Website Cloud Ltd, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, cannot warrant that the My Website Cloud Ltd's service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided though the My Website Cloud Ltd Server service, unless otherwise expressly stated in this Agreement.
b) Client hereby agrees that any material submitted for publication by My Website Cloud Ltd through Client's account(s) will not contain anything leading to an abusive or unethical use of the server product(s) or the host server(s). Abusive or unethical materials and uses include, but are not limited to: pornography, obscenity, violations of privacy, computer viruses, any harassing and harmful material or uses, any illegal activity or material(s) advocating illegal activity, and any infringement of privacy or libel.
c) Client hereby agrees to indemnify and hold harmless My Website Cloud Ltd from any claim resulting from Client's publication of material or use of those materials. My Website Cloud Ltd may or may not give notice before deactivating the use of an account(s) which My Website Cloud Ltd decides is an abusive or unethical use of, or a potentially illegal use of the Server account(s) or host server(s). In such case My Website Cloud Ltd is not responsible for saving or returning any data, files or directories stored on the server for/to the Client. Client hereby agrees to indemnify and hold harmless My Website Cloud Ltd for any claim resulting from the submission of illegal materials.
d) Under no circumstances, including negligence, shall My Website Cloud Ltd, its officers, agents or anyone else involved in creating, producing or distributing My Website Cloud Ltd's service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use My Website Cloud Ltd 's services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to My Website Cloud Ltd 's records, programs or services.
e) Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.
a) Client agrees that it shall defend, indemnify, save and hold My Website Cloud Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against My Website Cloud Ltd, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns.
b) Client agrees to defend, indemnify and hold harmless My Website Cloud Ltd against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with My Website Cloud Ltd's Server service; (ii) any material supplied by Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Server.
a) This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice.
b) My Website Cloud Ltd may at its sole discretion, cancel an account at any time if, in its opinion, the client has failed to abide by this agreement. In such case My Website Cloud Ltd shall be entitled to all reasonable costs and expenses of such enforcement including collection fees, court costs, and attorney's fees.
c) If the account is cancelled without due notice by the client, My Website Cloud Ltd may remove the hosting account from its servers. In such case My Website Cloud Ltd is not responsible for saving or returning any data, files or directories stored on the server for/to the Client. My Website Cloud Ltd will be entitled to payment for the month in which the account was cancelled. If the account has been paid for in advance My Website Cloud Ltd may, at its discretion, provide a refund or partial refund of the balance of the credit minus admin costs.
a) A full refund is given within 30 days of an application & acceptance of an account if My Website Cloud Ltd does not deliver what is promised.
b) After 30 days no refund is given for the cancellation of a hosting account.
c) There is no refund given for design or other work performed after the 30 day period.
d) Once registered with the relevant authorities, we cannot issue refunds on domain names.
a) Acknowledgement and acceptance of this agreement is required for an account to be set-up at My Website Cloud Ltd. By signing-up for hosting services you indicate that you have read, and understand, this service agreement in it's entirety and agree to be bound by it's content for the duration of an active or inactive account.
b) This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Agreement thereto are agreed to by the both parties upon renewal of services.