Terms & Conditions
We are here to provide competitive, fully featured internet services. We are not here to unnecessarily restrict what our clients can and can't do.
Having said that, given the 'shared' nature of the services we provide, we need to ask the co-operation of all of our clients to ensure the best experience for everybody. So long as you bear that in mind, and pay your bills on time you should be fine.
We do ask that you are familiar with our Acceptable Use Policy and please be considerate of others sharing the server(s) or network(s) that you use. Above all, we hope you enjoy your time with us!
In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
"We" and "Us" includes MyHost 2009 Ltd of New Zealand or any party acting on the implicit instruction of MyHost 2009 Ltd. "You" includes the person purchasing the services or any party acting on the customer's instructions. "Services" means domain name registration, Website hosting, email and any other service or facility provided by us to you. "Server" or "Network" means the equipment utilised, leased, rented or owned by MyHost 2009 Ltd necessary to facilitate the provision of the Services. "Website" means the physical space allocated to you for use as a site on the internet.
Website Hosting And Email
2.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
2.2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
2.3 You represent, undertake and warrant to us that you will use the Website allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that
2.3.1 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
2.3.2 you will not post, link to or transmit:
- (a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way.
- (b) any material containing a virus or other hostile computer program.
- (c) any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
2.4 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
2.5 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
2.6 You shall procure to transmit all data to, from, or within our networks and equipment in accordance with applicable legislation, our Terms And Conditions, our Acceptable Use Policy, and in a secure manner.
2.7 You accept our right to modify the conditions of this agreement at any time and without notice.
2.8 Any access to other networks connected in any way to the services offered by MyHost 2009 Ltd must comply with the rules appropriate for those other networks.
2.9 While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
2.10 We reserve the right to take any measure required to stop harmful or negligent activity, comply with legal instruction and/or inform our customer of such activity. These measures may include, but are not limited to, removal, duplication, screening or blocking access to data and denying access to, or termination of, services and agreements.
3.1 We shall use every reasonable endeavour to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server. All cases will be assessed on an individual basis and recompense for any failure of the server or associated networks and equipment may be granted at our discretion.
3.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 6 hours we will endeavour to notify you of the reason.
4.1 All payments are to be made in New Zealand Dollars, unless otherwise stated and agreed by both parties.
4.2 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our Website and shall be due and payable in advance of our service provision.
4.3 Charges shall be debited automatically from the nominated credit card and/or invoiced for payment subsequent to the specified due date, the anniversary date, or placement of an order. Full payment is expected within 7 days of this date.
4.4 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid within 7 days of the due date, we shall be entitled forthwith to suspend the provision of Services to you. The service shall be deemed to be active during this period of suspension and any fees incurred during this period shall be charged accordingly.
Intellectual Property Rights
5.1 You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.
5.2 This Agreement does not transfer from MyHost 2009 Ltd to You any Intellectual property belonging to MyHost 2009 Ltd, and all rights, titles and interest in and to such property will remain solely with MyHost 2009 Ltd.
5.3 This Agreement does not transfer from You to MyHost 2009 Ltd any Intellectual property belonging to You, and all rights, titles and interest in and to such property will remain solely with You.
Your acceptance of these Terms and Conditions implies consent to receive communications from MyHost 2009 Ltd of New Zealand, or any party acting on the implicit instruction of MyHost 2009 Ltd, relating to the service(s) provisioned for you or ordered by yourself.
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.
8.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
8.1.1 Should we attempt to recover said due sums by means of a debt collection agency, you will be liable for any and all collection costs arising from such action.
8.2 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith without notice to you.
8.3 If you breach any of these terms and conditions or those contained within our Acceptable Use Policy, we may terminate this Agreement forthwith and without notice.
8.3.1 Should your activity be, in the opinion of MyHost 2009 Ltd, detrimental to the performance of the network, or be detrimental in any way to other users of internet services, we may terminate this agreement forthwith and without notice.
8.4 Completion and settlement of account termination and/or refund proceedings should be expected no sooner than a minimum of 7 working days from initiation, however we may expedite this process when deemed necessary.
8.5 We reserve the right to suspend or terminate any account, arrangement or agreement you should have with us at any time, without notice.
8.6 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block, remove, or modify any data you have stored on, or are transmitting through our network. We may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.
8.6.1 Furthermore, upon termination of this agreement, no refund or credit shall be deemed payable to you without mutual agreement and all outstanding sums shall remain payable to MyHost 2009 Ltd, irrespective of the period to which they apply.
Limitation Of Liability
9.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.
9.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury directly resulting from our negligence.
9.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.
9.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
9.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
Term / Termination
Any subscription service you register for will be treated as a fixed, on-going contract. Should you wish to cancel your service, you are required to give at least 30 days notice subject to the end of any term contract. Your account will be suspended at the end of the service period which you have paid up for. No refund for unused subscription is available.
Any notice to be given by either party to the other must be sent by email to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and shall unless the contrary is proved be deemed to be received on the day it was sent.
This Agreement shall be governed by and construed in accordance with New Zealand law and you hereby submit to the non-exclusive jurisdiction of the New Zealand courts.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No explanation or information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
V1.4, 11 September 2012
The Registrar’s Obligations
We agree that we will:
- 1.1 comply with all .nz policies published from time to time at http://www.dnc.org.nz/policies and accurately represent these to you;
- 1.2 disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain name sought to be used by you, including price and billing information;
- 1.3 comply with your lawful directions in a diligent and timely manner regarding your .nz domain name, (for example, registration, cancellation, amendment, deletion, and associated technical support and billing);
- 1.4 process any new .nz domain name registrations with the registry within 1 hour from the time we receive all the information required to complete a registration;
- 1.5 notify you of the registration of your domain name(s), including the details of: the domain name, your contact details, our contact details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant;
- 1.6 arrange for correction of any error in the information in the register about any domain name registered to you when requested;
- 1.7 provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge;
- 1.8 use your personal information only as authorised by you;
- 1.9 take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);
- 1.10 comply with any order of any authority having jurisdiction regarding any domain name registered to you;
- 1.11 use our best endeavours to deal with any complaints you may have about the services we provide for you.
The Registrant’s Obligations
You agree that you will:
- 2.1 comply with the .nz policies published from time to time at http://www.dnc.org.nz/policies. You agree that you have read and understood the current policies;
- 2.2 make sure all information you give us is accurate and complete, keep us informed of changes to any information you give us, and that you have the authority to enter into this agreement;
- 2.3 keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure;
- 2.4 satisfy yourself that your use of a domain name will not infringe anybody’s intellectual property rights and protect us, and everybody we are in any business relationship with to provide services to you, from any such claim;
- 2.5 ensure that you only use our services for a lawful purpose;
- 2.6 ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
- 2.7 ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
- 2.8 protect us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you.
- 2.9 Duties of Other Persons
- 2.9.1 You agree to make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.
Registration of a Domain Name
When a domain name in the .nz domain name space is registered to you, or in your name as directed by you, then you agree:
- 3.1 that the following information becomes available to any member of the public:
- 3.1.1 your name,
- 3.1.2 your contact details and
- 3.1.4 the domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name.
- 3.2 the domain name is registered in your name only because no other person has it according to the records of the register; and
- 3.3 neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the "whois" database shall not be taken as evidence of anything other than such registration; and
- 3.4 that you protect us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.
- 3.1 that the following information becomes available to any member of the public:
Register is the Record
For all purposes the details shown in the register shall be treated as correct and the authoritative record.
Payment of Fees
- 5.1 You agree to pay for the services we provide for you.
- 5.2 If you transfer a domain name registered to you to another registrant or to be managed by another registrar, all charges owing to us shall become immediately due and payable on the date of that transfer.
- 5.3 We may alter our fees from time to time. When we alter them we will send you notice of the alteration 30 days before the new fee takes effect.
- 5.4 Our usual fees are for Domain Name registration. We may also charge for any other services provided to you by us outside the scope of standard registration, including any web page hosting, email hosting or change of name holder etc. We will tell you before any additional charge is incurred.
- 5.5 Our prices are stated in New Zealand dollars and exclude GST.
Suspension And Refusal To Supply Services
If you do not pay our charges for a domain name registered to you we may:
- 6.1 cancel registration of that domain name; or
- 6.2 refuse to provide a service you request.
Cancellation of a Domain Name
If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to that registration, we will give you fourteen days notice before we initiate action to cancel that domain name.
Exclusion of Liability
We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of :
- 8.1 InternetNZ, the registry and any other entity we are in any business relationship with;
- 8.2 every officer, employee, contractor, agent of us or any entity in clause 8.1;
- 8.3 anyone else we get to perform our duties under any agreement you have with us.
- 8.4 None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.
- 8.5 This exclusion applies whatever you are claiming for and in whatever way liability might arise.
- 8.6 This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.
Limitation of our Liability
We have excluded all other liability we or any of the persons specified in clause 8 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 8 then this clause applies.
Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the services we provide for you (together) is the amount of the last month's fee paid by you under this agreement.
Law and Jurisdiction Applying to this Agreement
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of the services are provided or where you reside. This will be the case until this agreement is cancelled except to the extent clause 14 says otherwise.
To the extent legally permitted:
- 10.1 all our services are provided under New Zealand law;
- 10.2 any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you;
- 10.3 except as otherwise stated, you may take action against us only in a New Zealand court;
- 10.4 where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you.
Cancelling the Agreement
- 11.1 We may cancel or suspend this agreement by giving you one months notice if you do not meet your duties to us.
- 11.2 We may end the agreement for any other reason by giving you one month's notice.
More Than One Person
You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy ourself that you have permitted those persons to act for you.
Each Clause Separately Binding
Each clause of the agreement you have with us is separately binding.
If for any reason we, you, or any of the persons specified in clause 8 cannot rely on any clause, all other clauses of it are binding.
Rights and Responsibilities that Continue
The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under 2, 4 - 10, 12 – 13, and this clause 14.
We respect the privacy of our mailing list subscribers, and those who answer our surveys.
It is our policy:
To respect the purpose for which our site visitors gave us information. We give users choice and consent over how their personal information is used, and remove names immediately upon request.
To not sell, rent, or loan our lists to third parties for e-mail marketing.
To send our periodicals only to those who request them, and immediately unsubscribe those who request it.
Sometimes people subscribe for their friends, and while we cannot prevent that, we welcome any new subscribers.
To store subscriber and password files with personal information in a secure manner. We store such files in areas not accessible to Web browsers, behind password protection, or off-line. If you have any questions about this policy, please contact us and we'll answer all your questions.
Acceptable Use Policy
Acceptable use of our services
MyHost has developed an Acceptable Use Policy ("AUP"), which is intended as a guide to the customer's obligations when utilising MyHost's services. Any use of MyHost services constitutes acceptance of these obligations as they are written at the time of each respective use.
Any complaints regarding violation of this AUP should be sent to email@example.com
The following conditions apply to customers of MyHost, their customers, affiliates and subsidiaries.
Passwords and Security
Customers of MyHost are required to ensure the security of data uploaded onto and transmitted via our network.
Such security measures include:
- Keeping all website scripts and code updated
- Maintaining secure, confidential passwords
- Ensuring the security, validity and good intentions of anybody you grant access to any part or your website, hosting, reseller or resold account(s)
Secure passwords are ideally considered to be no less than 8 characters in length, containing no dictionary words, and consisting primarily of a random combination of letters, numbers and special characters.
At no time should free unmonitored access to any part of our service unintended for general public consumption be granted or allowed. This includes a strict ban on the provision of "demonstration" accounts, "trial" accounts, or publicly accessible cPanel, webmail, FTP or email login details.
Accessing illegally, or without authorisation, computers, accounts, or networks belonging to MyHost or any other party, or attempting to penetrate security measures of any such system is strictly prohibited.
Any activities that may be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity) are also unacceptable when executed both to or from our networks or equipment.
Data housed or executed within our hosting environment must not cause excessive resource consumption or be in any way detrimental to the performance or integrity of services we provide.
Software specifically banned includes, but is not limited to:
- Proxy scripts
- Soap mailers
- Non-secure FormMail scripts
- Shell emulation scripts
- Background-running processes
- IRC Bots
- Daemons or persistent programs and scripts are also prohibited for customer use on MyHost servers.
Email usage and spam
Sending unsolicited bulk and/or commercial messages is not acceptable either from or to MyHost servers, nor is the facilitation or aiding of such activity in any way.
We reserve the right to determine the legitimacy and origin of any email sent from, to or through our network and will act as necessary to stop email or messaging activity we consider unlawful or harmful to either the performance of our network and equipment, and/or the reputation of MyHost as a service provider.
Large volume mail senders should consult with MyHost prior to the sending of legitimate bulk email to acknowledge their compliance with relevant laws relating to email, and to confirm the consent of all intended recipients to receive such email.
Adult and Offensive Content
MyHost maintains a "No Adult Content" policy for all users, due to the potential strain on resources adult content and websites can demand.
For the purposes of this policy, we generally consider all forms of data containing content of a lewd or sexually explicit manner to be "Adult" in nature. This includes, but is not limited to, male and female nudity or portrayal of sexual acts. Revenue-generating hyperlinks to websites containing such material are also banned from our services.
MyHost reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". We may be able to evaluate the suitability of any potential customer website if necessary, so please ask if you're unsure.
Using MyHost's network as a means to transmit or display defamatory, harassing, abusive, racist or threatening language is also strictly banned.
For performance and reliability, we need to limit and control the number of separate websites hosted on our servers. We rely on the fact that one hosting account generally equals one website.
For this reason, "parked" domain names - that is, additional domain names that we park onto an existing account for you - are to be used solely for the purpose of displaying the same content as the domain name we're parking them onto. They are not to be used for providing the appearance of separate websites within a single account.
For those wanting to host multiple websites, we offer resellers hosting plans, as well as free parking for domain-names on all of our plans.
Advertising, transmitting or making available any software, program, product, service or information pertaining to or facilitating the creation or sending of Internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing, or denial of service attacks is absolutely prohibited. Any activity that disrupts the use of, or interferes with, the ability of others to effectively use the network or any connected network, system, service, or equipment is banned.
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, phishing pages, fraudulently charging credit cards, and pirating software may result in removal or interruption of your services and data without notice.
Engaging in activities, whether lawful or unlawful, that MyHost determines to be harmful to its clients, operations, reputation, goodwill, or customer relations may result in the loss of access to services or the termination of our agreement. MyHost will be the sole arbiter of what constitutes a violation of this policy.