Terms of Service

YourHOST's Terms of Service are designed to clearly identify the terms under which we provide our services to you.  Payment for our hosting services constitutes acceptance of these and all applicable terms and policies.  They are designed to protect customers who choose to use our services in good faith and expecting a high quality of service.

This agreement should be read in conjunction with our Acceptable Use Policy.

Terms of Service

Term and Payment for Services

Agreement Term
This Agreement shall be for an 'Initial Term' of either 1 month, 3 months, 6 months or 1 year, as chosen by you in the ordering process. This Agreement will be automatically renewed (the 'Renewal Term') at the end of the Initial Term for the same period as the Initial Term unless you provide YourHOST Ltd (YourHOST) with notice of termination thirty (30) days prior to the end of the Initial Term or the Renewal Term.

Termination Policy
If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, YourHOST will not refund to you any fees paid in advance of such termination. YourHOST may terminate this Agreement at any time and for any reason by providing to you written notice. If YourHOST terminates this Agreement, YourHOST will refund to you the pro-rata portion of prepaid fees attributable to Services (excluding setup fees) not yet rendered as of the termination date. If termination was enforced to due violations that result in damages or fees assigned to YourHOST on your behalf, no refunds shall apply and you will be held liable for such fees.

Charges
You agree to pay for all charges attributable to your use of the Services at the then current YourHOST prices.

Payment
All charges for Services must be paid in advance according to the then current prices applicable to the Services.  YourHOST Hosting may also create periodic invoices for any applicable Supplemental Charges associated with your use of the Services. You agree to pay to YourHOST the amount indicated in each invoice by the due date reflected on that invoice.  YourHOST will follow the following process and timeframes relating to outstanding accounts receivable invoices:

1. Invoices for regular hosting services are sent out 20 days prior to their due date.
2. Payment is required by the due date - our services are provided on a payment in advance basis.
3. A reminder notice will be sent 5 days after the due date.
4. If the account is not paid within 15 days after the due date your account will be temporarily suspended and payment received prior to services being reactivated.

Your failure to fully pay any fees and taxes by the applicable due date will be deemed a material breach of this Agreement, and YourHOST may, in addition to any other remedy it may have: (i) suspend its performance of the Services and/or terminate this Agreement; and/or (ii) At the time of such nonpayment, YourHOST may, delete any and all content from the YourHOST Servers. Any such suspension or termination of the Services would not relieve you from paying past due.

Errors
If you ever feel that YourHOST incorrectly charged, you must contact accounts for a correction, within (5) days of the due date on the invoice by emailing support[at]yourhost.net.nz.

Use of Services

Acceptable Use Policy
The YourHOST Acceptable Use Policy (AUP) governs the general policies and procedures for use of the Services. The AUP is posted on YourHOST’s website (or such other location as YourHOST Ltd may specify) and may be updated from time-to-time. YOU SHOULD CAREFULLY READ THE AUP. BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE AUP AND ANY MODIFICATIONS. YourHOST reserves the right to terminate your account for any violation of the AUP or this agreement.

Material and Product Requirements
Unless we have agreed otherwise in a separate agreement, you must ensure that all material and data placed on YourHOST equipment is in a condition that is 'server-ready', which is in a form requiring no additional manipulation by YourHOST. YourHOST will make no effort to validate any of this information for content, correctness or usability. If your material is not 'server-ready', YourHOST has the option at any time to reject this material. YourHOST will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of YourHOST. It is not YourHOST’s responsibility to provide knowledge or customer support outside of the Services agreed to by you and YourHOST.

Bandwidth and Storage Usage
You agree that use of the Services under this Agreement will not exceed the bandwidth and storage usage limits set out. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, you agree to pay the associated additional charges.

Fair Use and 'Unlimited' Usage
We may offer you 'Unlimited', 'Unmetered' or similar, accounts.  At all times this implies that services will be provided on the basis of Fair Use, to be determined on a case-by-case basis at our discretion.  This is not to limit legitimate use of Unlimited accounts, but to protect our system, and yours, from high traffic/use accounts which may adversely effect our network performance. 

Enforcement

Investigation of Violations
YourHOST Ltd may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. YourHOST will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.

Actions
YourHOST reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, YourHOST may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on YourHOST systems. If YourHOST takes corrective action due to such possible violation, YourHOST shall not be obligated to refund to you any fees paid in advance of such corrective action.

Disclosure Rights
To comply with applicable laws and lawful governmental requests, to protect YourHOST systems and customers, or to ensure the integrity and operation of YourHOST business and systems, YourHOST may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on YourHOST servers and systems. YourHOST also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.

Intellectual Property Rights

Your License Grant to YourHOST
You hereby grant to YourHOST a non-exclusive, worldwide, and royalty-free license for the Initial Term and any Renewal Term to use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to YourHOST a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

Warranty; Warranty Disclaimer

Customer and/or Third Party Acts
YourHOST is not responsible in any manner for any non-confirming Services to the extent caused by you or your customers. In addition, YourHOST is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond YourHOST reasonable control.

No Express or Implied Warranty
All services, systems and products provided by YourHOST under this agreements are provided without any express or implied warranty whatsoever. You acknowledge and agree that YourHOST exercises no control over, and accepts no responsibility for, the content of the information passing through YourHOST computers, network hubs and points of presence. YourHOST does not warrant that the operation of the services will be uninterrupted or error-free, or completely secure.

Your Warranties and Representations to YourHOST Ltd
You warrant, represent, and covenant to YourHOST that (a) you are at least eighteen (18) years of age or are a duly organized and validly existing New Zealand entity; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content and/or any software that you install or provide does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

Limitation and Exclusion of Liability

Limitations
In no event shall YourHOST have any liability whatsoever for damage, unauthorised access to, alteration, theft or destruction of information provided to YourHOST.  Specifically, backups are for customer convenience and are held temporarily - they are not intended to serve as data archiving. 

Interruption of Service
You hereby acknowledge and agree that YourHOST will not be liable for any temporary delay, outages or interruptions of the Services. Further, YourHOST shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).

Maintenance
You hereby acknowledge and agree that YourHOST reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. YourHOST will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.

Miscellaneous

Confidentiality
The parties each agree that all Confidential Information communicated to it by the other is done so in confidence and will be used only for the purposes of this Agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted under this Agreement. 'Confidential Information' means all information in any form. Exceptions to Confidential Information include (1) information in the public domain; (2) information developed independently by a party without reference to information disclosed under this Agreement; or (3) information received from a third party without restriction and/or breach of this or a similar Agreement. It is not a violation of this provision to disclose Confidential Information in compliance with any legal, accounting or regulatory requirement beyond the control of either. This provision shall survive the termination of this Agreement for two (2) years. Specific exclusions may exist in relation to legal requirements, and as detail within our Privacy Policy.

Notices
All notices, reports, requests, or other communications given pursuant to this Agreement shall be made in writing, shall be delivered by hand delivery, overnight courier service, fax, or electronic mail, shall be deemed to have been duly given when delivered.

Choice of Law and Forum
This agreement will be governed by the laws of New Zealand.

Severability
If any provision of this Agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect.