PLEASE READ THIS AGREEMENT CAREFULLY. MyHost reserves the right to terminate any transaction, service, account or product, should you be found to be in violation of these terms and conditions.
Your use or order of any of MyHost’s services constitutes your acceptance and agreement to be bound by these Terms and Conditions, and all other operating rules, policies and procedures which are incorporated by reference and published on the Website by us, each of which may be modified from time to time without notice to you. For the Terms and Conditions, refer to this URL: https://myhost.nz/terms-of-service-tos.
Any changes to the contract may be subject to administration fees as determined by MyHost.
MyHost provides a wide range of web-based services, including website hosting, solutions for business, management and maintenance services, and consultancy services. When you register or sign up for any service, it is your responsibility to ensure that you know what the product or service is, what you are receiving, and are aware of the charges, limitations, additional charges that may be relevant.
MyHost endeavours to provide reliable, continuous services at all times, however the service cannot be guaranteed to be fault-free and relies on factors outside the control of MyHost. You agree that the company shall not be liable for any loss for damages arising from interruptions that are caused by reasons other than the negligence of the company. In no event shall the company be liable for any special or consequential damages, loss or injury.
All cases of interruptions 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. If an interruption is caused by the company’s negligence, the liability of the company shall not exceed the amount payable by you for services during the period damages occurred.
We will endeavour to maintain network stability and satisfactory service levels, however we may from time to time perform routine maintenance, and service upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory. We may, at our discretion, provide notification of outages whether planned or unplanned. You, the subscriber(s), release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party.
The Company is not responsible for the management of a Customer’s server, including, but not limited to, the maintenance, patching, and upgrading of any software where the Customer does not have a current Managed service. If you require work to be carried out on an Unmanaged Server, you are required to reimburse the Company at a rate specified by the Company and agreed upon by you based on the time required to carry out the work. The Company may also refuse to carry out any work on unmanaged servers.
MyHost may carry out maintenance for critical security patching, or general maintenance to ensure the reliability of services provided to you. The maintenance will be carried out within the scheduled time frame that you will be notified of.
MyHost may access digital content, including but not limited to files, emails, account settings hosted for you, for the purposes of support, either implicitly or explicitly requested by you.
We reserve the right to change the nature of a plan (speed, data. price) with one month’s written notice.
You are responsible for maintaining adequate backups of your content.
We may provide a backup service for your site, and accept responsibility for any failure or data corruption of the backup data. If you require us to modify or restore your site from backup, we may charge a fee to cover the cost of an engineer’s time.
MyHost provides a wide range of web-based services, including web hosting, reseller hosting, VPS Hosting, Cloud Servers, Dedicated Servers, Email hosting, and co-location which are provided on a subscription, recurring-billing basis. These services will be provided on a subscription basis When you register or sign up for any service, it is your responsibility to ensure that you know what the product or service is, what you are receiving, and are aware of the charges, limitations, additional charges that may be relevant.
In most cases, we will activate your account within 24 hours after the receipt of payment. In an event of an outage due to circumstances out of our control, MyHost may not be held liable for the delay of account activation. In these circumstances, MyHost will attempt to activate your account as soon as possible.
You, the Subscriber(s) for the promotional program, agree to be bound by the terms of these Terms and Conditions, and all other relevant policies for the period of the promotion.
All payments are to be made in New Zealand dollars (NZD). All charges payable by you for the Services shall be in accordance with the scale of charges and rates published on our website, or as agreed by quotation, and shall be due and payable in advance of our service provision. Full payment is expected by the due date marked on your invoice. Pricing information will be made available to you through our website.
All accounts and services provided by MyHost are subject to the current GST/VAT tax rate where applicable according to taxes imposed by New Zealand. All our prices are exclusive of Goods and Services Tax (GST) unless stated otherwise.
You, the customer, agrees to pay for any charges incurred by you, or by any use of your account (whether authorised or not).
Further information on fee alterations, payment methods, payment due dates, penalties for late payments and payment reminders can be found from this Billing URL:
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 cancel the account/service by giving a sufficient notice prior to the commencement of a new billing period in order to ensure that a new invoice is not created for the next billing month. The specific notice period for each service can be found in the billing URL.
Charges shall be debited automatically from the Members 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 by the due date marked on your invoice.
Failure to make a payment as it falls due may incur a 10% penalty on your account. The accounts contact, as specified on your account, will be notified by e-mail of any overdue invoices and any suspension notices. Failure to pay may result in your account being restricted or suspended without notice to you, and service-related fees will be charged for reinstatement of your account. Such termination or denial of service does not relieve you of any accrued charges and interest. 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.
Upon termination or cancellation of this agreement or any service provided, no refund or credit shall be deemed payable to you without mutual agreement and all outstanding sums shall remain payable to MyHost, irrespective of the period to which they apply.
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.
If you breach any of these terms and conditions or those contained within all other policies governing the use of your MyHost Services, we may terminate this Agreement forthwith and without notice.
If inappropriate activity is detected, all accounts of the Customer will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. The customer will not be credited for the time the customer’s machines were suspended.
Should your activity be, in the opinion of MyHost, 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.
You represent, undertake and warrant to us that you will use the resources allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us
that 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.
A non-exclusive list of content and behavior prohibited by the service is provided in our Acceptable Use Policy.
If you breach any of these terms and conditions or those contained within our Acceptable Use Policy, we may without notice, suspend services or terminate this Agreement and shut down all services.
The Service is provided on an "as is" and "as available" basis and use of the Service is at your own risk. We make no representation and give no warranty as to the accuracy or quality of information received by any person via our Server(s). MyHost, its officers, directors, owners, agents and employees shall in no way be liable for any direct, indirect, incidental or consequential damages, injury, or economic loss resulting from the use of the content or Service or in connection with your website or any other services or products provided to you. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
In no event shall MyHost be held liable for any damages or economic loss, whatsoever, as a result of notifying any official or potentially illegal content on the Site, providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
MyHost is not liable for any damages that occur from misinformation or misrepresentation by the customer which may result in a loss or corruption of data. Violation of any of our policies and conditions may result in suspension/termination of the violating service.
Whilst efforts are made to ensure that the website and any scripts or modifications made to the website are free of errors, MyHost does not claim responsibility for any losses attributed with errors relating to this.
MyHost does not check, monitor or vet any information transmitted, distributed or made available through the servers and networks and cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Where a customer or the customer’s client is using the services for life support, life sustaining or other applications in which the failure of such services could reasonably be expected to result in personal injury or loss of life, MyHost will not be held liable, in whole or in part, for any claim or damages arising from such use unless the customer enters into an appropriate separate service agreement detailing and disclosing the details of the application and required service with MyHost.
MyHost cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
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.
In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.
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. If legislation implies any such term, condition, guarantee or warranty into the Agreement, and such legislation does not permit the exclusion or modification of it, MyHost’s liability for any breach is limited, to the maximum extent permitted by law, and at its option, to re-performing the Services.
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.
This Agreement does not transfer from MyHost to you any Intellectual property belonging to MyHost, and all rights, titles and interest in and to such property will remain solely with MyHost.
This Agreement does not transfer from you to MyHost any Intellectual property belonging to you, and all rights, titles and interest in and to such property will remain solely with you.
You agree to indemnify and hold MyHost harmless from and against, and to reimburse MyHost with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by MyHost by reason of or arising out of or in connection with:
Without limiting any other provisions of the contract, neither MyHost nor the Customer shall be liable for any delay or failure in the performance of any obligation or the exercise of any right under the contract or for any loss or damage (including indirect or consequential loss or damage) if such performance or exercise is prevented or hindered in whole or in part by reason of a force majeure event. Nothing in this clause shall excuse payment of any money due or which becomes due under the contract. MyHost will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay of service provisioning.
The rights and obligations of either party which are affected by a force majeure event shall be suspended during the continuance of the force majeure event, and either party claiming to be affected by the force majeure event shall give immediate notice to the other party containing full particulars of the force majeure event. The party giving notice under this clause shall take all reasonable steps to mitigate the effects of the force majeure event and remove such force majeure event provided that neither party shall be required to remove any such force majeure event if to do so would require it contrary to its judgement to settle a strike or labour dispute or otherwise submit to the demands of opposing parties.
The Customer acknowledges that supply under this contract is a supply for business purposes or your intent was or is to use our services in part or in full for such purpose then you agree, to the extent legally permitted, in terms of sections 2 and 43 of the Consumer Guarantees Act 1993 ("Act") and accordingly, subject to section 16 the provisions of the Act do not apply to any supply made pursuant to this agreement. The Customer agrees and acknowledges that in no event will MyHost be liable for any property damage, personal injury, direct or consequential loss or damage incurred by the Customer or a third party whether due to defective goods or services and/or as a result of negligence or otherwise by us or our servants or agents and in any event the liability of MyHost will not exceed the purchase price paid by the Customer for the goods or service. When the Customer on-sells the goods to customers who purchase the same for business purposes the Customer shall contract out of the Act in the same manner as per above. Should the Customer fail to do this the Customer will indemnify MyHost against any claim expense or loss suffered by the Seller as a direct or indirect consequence of such failure. No claim shall entitle the Customer to withhold payment of any sum due to MyHost under this or any other contract nor shall a claim give any right to set off any payment due to the Customer by us.
MyHost reserves the right and sole discretion to:
Your acceptance of these Terms and Conditions implies consent to receive communications from MyHost, or any party acting on the implicit instruction of MyHost, relating to the service(s) provisioned for you or ordered by yourself.
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.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
If any part of these Terms and Conditions are found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.
No waiver of any of the provisions of these Terms and Conditions will be deemed to constitute a waiver of any other provision nor shall such waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
By using any MyHost provided API you agree:
If you are a reseller of any of our services or act as such in on-selling or otherwise providing to another the services we provide for you, you agree:
MyHost only offers support to direct Subscribers and Resellers.
At your request and convenience, MyHost may from time to time arrange for your purchase or license of third party software, services and other products not included as part of the Services, and/or may provide support to you in relation to those products.
MyHost makes no representation or warranty whatsoever regarding such third party products and related support services and they are provided “as is.”
Your use of third party software, services and other products is governed by the terms of any license or other agreement between you and the third party. These resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.
MyHost will not be held liable for any breach of any terms, agreements or contracts between you and the third party.
Technical support for VPS services is limited to problems relating to the availability of the VPS. MyHost does not offer support for scripts and/or programs running in the VPS.
If you exceed the given bandwidth (data transfer) limit for his/her package, MyHost will invoice you the overage fees based on the current overage rates displayed on the Company’s website.
VPS services must only be used for lawful purposes, any account suspected of breaching the terms and conditions or other related policies will be suspended and investigated. MyHost may terminate services to the account holder, should these alleged breaches be substantiated and may not be held liable for the loss of data due to account termination.
All domain registrations are non-refundable due to registrar policies. MyHost makes no representation or warranty whatsoever regarding the services provided by a third party registrar.
You agree that your use of MyHost shall be at your sole risk. All services provided by MyHost are available as is, without warranty.
The Customer cannot assign its rights and obligations under any agreement with MyHost without the prior written consent of MyHost.
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 supersedes 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.
Where you have entered into a separate service agreement with us, the terms of a Master Service Agreement will take precedence over the terms and conditions in this agreement in the event of a conflict. Any such clauses from these terms and conditions would then be severable, while all other remaining clauses not covered by a separate service agreement remain enforceable.
Our support team is available 24/7 to provide assistance. Every enquiry is attempted to be resolved during the first contact. If the fault is something that the help desk is not able to resolve, we have detailed procedure escalation documents to ensure that the person responsible for that particular device or service is contacted as soon as possible. Any escalated or technical support request will normally be required to be sent by you to our help desk via e-mail or through our control panel online.
These Terms and Conditions, as may be updated from time to time and posted at, https://myhost.nz/terms-of-service-tos represents the complete agreement and understanding between us with respect to the Service.
MyHost provides technical support to Customers based on the attached SLA requirements and those recorded in the Terms and Conditions. MyHost also provides higher levels of contracted support to certain clients that sign Customer specific support contracts. Details of these contracts can be obtained from MyHost. The following obligations are MyHost’s standard SLA obligations. If you have signed a Customer specific support contract, then please refer to that document and read in conjunction with the standard obligations recorded in this Agreement.
Under no circumstances will MyHost provide development-related support for web applications, scripts, or components from third parties or those developed by You unless it is agreed upon in writing through a support contract, subject to additional terms and conditions.
Email support is available 7 days a week, expect at most 24 hours for a reply. Please provide us with a full description of the problem and your Account email to assist us in your enquiry. The Company’s standard response time to technical support issues is within six hours. This time depends on the complexity of the enquiry and support request volume. The Customer Service Team assigns the highest priority to customer inquiries related to the servers’ unavailability. These issues are addressed first upon notification from a customer.
Virtual Private Server customers who are on an unmanaged plan will receive support for availability and hardware node issues only.
Support Hours: 9am to 5pm NZST (GMT +12)
Available Monday to Friday.
To maintain optimal performance and security of our servers, MyHost will perform routine maintenance on the servers on a regular basis, which may require servers to be removed from service temporarily. The Company reserves the right to have scheduled downtime for maintenance purposes, which the Customer will be notified of. This server unavailability will not be included in server uptime calculations. The maintenance is typically performed during off-peak hours. The Company will provide You with advance notice of maintenance whenever possible.
The customer acknowledges and accepts that MyHost may have to carry
out emergency maintenance, updates and other procedures to protect the Service (“Emergency Procedures”). MyHost will endeavour to provide as much prior notice as possible to such Emergency Procedures.
Performance of the Service during Maintenance:
Although MyHost will use all reasonable endeavours to maintain the Service Level Agreement during planned Maintenance or Emergency Procedures, the Customer accepts that MyHost will not be held liable for any failure to meet the Service Level Agreement during the maintenance period.
Customer accepts that MyHost reserves the right to amend or change all or any part of the MyHost Infrastructure at any time provided that the performance or functionality of the service is not materially degraded.
The Company’s primary commitment is to provide outstanding web hosting services to all customers. To support this commitment, the Company assures at least 99.9% server availability, excluding maintenance. This availability is calculated on a monthly basis. If the Company fails to meet this guaranteed level of availability, the Company will issue a partial refund to the customer at the discretion of the Company. This partial refund is only issued upon your written or email notice to the Company, and will be based according to the length of downtime experienced. Downtime is defined as the customer’s hosted website being unable to be viewed or accessed through the Internet, caused by failure of network equipment managed and owned by MyHost, excluding scheduled or emergency maintenance. This figure does not include availability loss caused by circumstances that are out of the Company’s control such as unavailability of major national communication backbones, Denial of Service attacks and other types of attacks.
1.1 The following service levels apply to this SLA.
The service levels stated above will be compared to the server availability as a whole, not to individual client accounts.
If availability is below the guaranteed level, MyHost will grant an appropriate refund after the Customer has provided the following:
The refund will only be granted for the downtime of the applicable service, and not any other service the company provides for the customer. The Customer must notify MyHost of the availability downtime by emailing email@example.com within 21 days from the date the incident occurred. Any requests after this period will not be considered.
The appropriate refunds will be issued if the service availability level falls below the guaranteed target are stated below.
Service Level Calculations
If your service availability for the full calendar month is below MyHost’s guaranteed service target, we will provide the following appropriate refunds:
The maximum total penalty of the refund shall not exceed 50% of the monthly fees charged to that account during the month for which the refund is to be issued.
The Customer shall not be entitled to any credit if the network downtime is caused by actions of the customer or others authorised by the customer to use the service under the Agreement.
Limitation of Liability
The customer accepts that the company cannot be held liable under this Service Level Agreement for any failure or deficiency of service availability caused by or associated with incidents that are outside MyHost’s control, including but not limited to:
Each account is allotted storage capacity and data transfer amounts on the Company servers according to the plan and options selected by You. This storage size and data transfer allotments can be increased by request for an additional fee. The servers may stop accepting, processing, or delivering data when the purchased limit is reached thus causing server unavailability or data loss. The Company shall not be held responsible for such unavailability or data losses.
The Company employs RAID technology on all MyHost-managed servers to ensure data redundancy and integrity in the unlikely event of a hardware failure. The Company offers a routine server backup service for disaster recovery purposes. MyHost-managed servers and client servers utilising MyHost’s backup service are configured to back-up automatically to off-site locations on a scheduled basis. The Server scheduling and scope is at the Company’s sole discretion.
MyHost shall not be responsible for retaining any data after account termination. All account data is deleted from the server(s) following the termination of an account, and subsequent backups as a result of regular backup schedules. MyHost will not provide any data pertaining to existing or terminated accounts unless agreed to by the company.
To access MyHost’s services the customer must provide at the very minimum:
This Service level agreement runs in conjunction with MyHost’s standard terms and conditions and Master Service agreement.
We do need to be clear that ‘we’, ‘our’, or ‘us’ refers to (MyHost 2009 Limited) trading as ("MyHost"). When we say ‘you’, ‘your’, or ‘customers’, we are referring to anyone with an account or service with us.
You will note some changes in this policy have been informed by GDPR, which is targeted at EU citizens and companies offering services in the EU. We believe this new law is largely a positive change so whenever possible we’re extending the same processes and systems to all of our customers.
We promise to respect your privacy and use your information for the purposes you have given us consent for. We also aim for full transparency on how we use your information to comply with legal or other lawful purposes.
Information we collect
Information you provide:
Information we receive from your use of our services or third-parties:
Consequences of non-provision of information
Failure to provide the necessary personal information requested for the purposes of services provided by MyHost may result in certain services not being offered and/or provided to you.
How we use the information
We collect, store and use the information you provide in the following ways:
Payment and billing information:
Information we receive from third parties
If you choose to link our services to a third-party account, we will receive information about that account, such as your authentication token from the third-party account, to authorise linking. If you wish to limit the information available to us, you should visit the privacy settings of your third-party account to learn about your options.
Holding your information
We tend to hold information collected for as long as necessary to fulfill the purpose for which it was collected, such as for legal, tax and accounting requirements as needed. Any personal information you provide to MyHost will be collected and held at MyHost’s official place of business in New Zealand and data centre. We store this information in a secure manner and ensure that it is not used for further processing, such as communication or marketing. We keep internal access to these tools limited to certain members of the team, and all team members have appropriate training around your security and privacy.
Legal basis for data processing:
We rely on various grounds for processing your information under the GDPR, including the following reasons:
Where GDPR applies, in certain circumstances, you have rights in relation to the personal information we hold about you. These rights include the right to access, correct, change and delete certain personal information related to your account. Deletion of your data will be carried out on the understanding that removal of some information (e.g. email address) during an active membership may negatively affect your ability to use MyHost services. We cannot delete any invoices, as these are kept for tax purposes.
If you need further assistance, you can contact us by email at firstname.lastname@example.org to request any of the following:
We will respond to all requests within 30 days, but usually much faster.
We will consider all the requests, however, certain personal information may be excluded from the requests above, as we would need to keep processing that information for our legitimate interests or to comply with a legal obligation. If such an exception applies, we will notify you when responding to your request stating why a certain exception applies. Please note that we may ask you to provide us with information necessary to confirm your identity before responding.
Disclosure of Information to third parties
MyHost may disclose to third parties:
Content Providers, Advertisers and Partners
MyHost does not control the practices of content providers, partners and advertisers connected with the site and to whom you provide personal information whilst using one of their sites or services. The site contains links to other sites, which may not follow the same privacy policies as MyHost. MyHost recommends that you check any relevant privacy policies before providing your personal information to any third party.
You are solely responsible for ensuring compliance and maintaining the security of virtual private server ("VPS") environments maintained under your account(s). This means that you must comply with all applicable guidelines and regulations for all jurisdictions in which you may operate in. MyHost shall not be held liable for your failure to adopt and/or practice appropriate measures for safeguarding personal information stored within or transmitted through your MyHost VPS.
Our services are not directed at anyone under the age of 18. We do not knowingly collect personal information from children under 18, and children under 18 are prohibited from using our services. If you become aware that a child has provided us with personal information, please inform us immediately so we can delete such information from our files.
As no data transmission over the Internet can be guaranteed to be completely secure, we cannot ensure or warrant the security of any information you transmit or receive through the Site. Any transmission is conducted at your own risk. Once we have received your information, we will take appropriate measures to safeguard your personal information against loss, theft and unauthorised use.
Any complaints regarding violation of this AUP should be sent to email@example.com.
Your use of the Service must be in compliance with New Zealand laws and laws of your country at all times.
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:
Secured 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.
You shall notify us immediately of any unknown or suspected unauthorised use of your account or breach of security, including loss, theft or unauthorised disclosure of your password or other security information.
Accessing illegally, or without authorization, 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 prohibited includes, but is not limited to:
Email usage and spam
MyHost does not allow the use of unsolicited commercial email, "Spam" to promote products. Any Member engaging in the sending of Spam or any bulk email originating from our servers mass distributed to unknown recipients soliciting products or services and/or bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a MyHost account will result in immediate account suspension.
Sending unsolicited bulk and/or commercial messages or mail fraud schemes 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.
MyHost reserves the right to refuse and/or cancel service to known spammers and hackers, or those which have a connection to such parties.
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.
Using MyHost's network as a means to transmit or display defamatory, harassing, abusive, racist or threatening language is also strictly prohibited.
The following is a non-exclusive list of content and behaviour prohibited by the Service:
Servers or Network Abuse
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.
You shall procure to transmit all data to, from, or within our networks and equipment in accordance with applicable legislation, our Terms and Conditions, any other policies governing the use of services, and in a secure manner.
Any access to other networks connected in any way to the services offered by MyHost must comply with the rules appropriate for those other networks.
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 any other failure of email.
A customer is prohibited from taking part in the following:
If a customer is suspected of any of the above, MyHost will immediately suspend their accounts and services, and a full investigation will be conducted before a decision is made on the reinstatement of a customer’s account, at MyHost’s full discretion. Any decisions by MyHost are final.
Network, Bandwidth and Disk Space
You have been allocated the usage of bandwidth and or disk space per month for the service(s) ordered on the order form/ package/special pricing agreed upon at the time of placing the order(s). All bandwidth usage is monitored as far as possible for usage during any given calendar month, and are governed by the Fair Use Policy.
MyHost cannot be held liable for loss of access to the subscribed services when you deplete the allocated bandwidth/disk space based on package agreed upon.
Bandwidth on shared and reseller web hosting packages roll over at the end of the calendar month. Bandwidth on Virtual Private Server packages roll over at the end of your billing cycle.
MyHost provides unmetered data on shared/reseller hosting and colocation packages which offer generous fair use data transfer. Data transfer covers bandwidth both Nationally (New Zealand), and International data per month. This unmetered bandwidth provides customers with up to 1TB of data transfer per month as they wish to use without any additional charge. Customers may use this data for any purpose other than those unacceptable as stated in this Policy. Customers will receive a notice warning upon reaching 80% of this limit. Usage beyond this limit may incur additional charges.
Should MyHost Limited deem a customer’s account as exceeding fair use bandwidth consumption which causes interference with other users, MyHost will notify the customer and allow the customer to remedy the problem. However, should a customers’ bandwidth usage be significantly greater than fair use, MyHost reserves the right to suspend or throttle the customers account where appropriate. MyHost will discuss the available options that could provide better service for the customer.
MyHost provides unlimited Email accounts and MySQL databases on its reseller hosting plans. This provides our customers with the choice and control over the amount they provide to their own hosting clients. Customers may use these features as they like but must stay within reasonable standards of fair use. Should MyHost find that a customer’s account is abusing this feature, MyHost will notify the customer and allow the customer to remedy the problem. If the customer’s account continues to exceed fair use, MyHost reserves the right to suspend the customer’s account and discuss a more suitable option that would provide a better service for the customer.
You, the Customer must provide and pay for any other equipment needed to access the Service at your own cost, and agree that MyHost will not provide software or advice as to how to use the service without payment, for any consultancy service. You will be liable for all fees and expenses incurred by any security breach, attack or customer error that involves your hardware, software, or network configuration.
Any script that negatively impacts our network and/or server’s performance may be deleted without notice. This includes any code which processes on the server regardless of the language that was used.
Customers on MyHost reseller hosting plans are responsible for the actions of their own clients. You must use reasonable efforts to secure any device or network with your control against being used in breach of your applicable laws against spam and unsolicited email, including where appropriate by the installation of antivirus software, firewall software and operating system and applicable software patches and upgrades. Our right to suspend or terminate your service applies even if a breach is committed unintentionally or without your authorization, including through a Trojan horse or virus.
If your client’s actions violate MyHost any of the policies governing MyHost products and services to you, MyHost will suspend their account and will send a notice about the issue to your contact email address through our support portal. Where this is not possible, MyHost will provide a warning and reasonable time to ensure the policies are met.
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.
MyHost reserves the right to determine what violates this policy, including the right to add or modify this AUP at MyHost’s sole discretion. You will be notified of any changes made to AUP upon modification. Violation of MyHost policies and conditions removes the customers’ right for refunds of any paid service.
1.0 Bandwidth (data transfer)
MyHost provides unmetered data on shared/reseller hosting and colocation packages which offer generous fair use data transfer. Data transfer covers bandwidth both Nationally (New Zealand), and International data per month. This unmetered bandwidth provides customers with up to 1TB of data transfer per month as they wish to use without any additional charge. Customers may use this data for any purpose other than those unacceptable as stated in the Acceptable Use Policy. Customers will receive a notice warning upon reaching 80% of this limit., Usage beyond this limit may incur a charge of $100 per 1TB of data transferred (pro-rated to usage).
Should MyHost deem a customer’s account as exceeding fair use bandwidth consumption which causes interference with other users, MyHost will notify the customer and allow the customer to remedy the problem. However, should a customers’ bandwidth usage be significantly greater than fair use, MyHost reserves the right to suspend or throttle the customers account where appropriate. MyHost will discuss available options that could provide better service for the customer.
2.0 Storage and Other Resources
MyHost provides unlimited high speed storage on our web hosting plans and unlimited email accounts and databases on its web hosting and reseller hosting plans. This provides flexibility for our customers and provides our resellers with control over the amount they provide to their own hosting clients. Customers may use these features as they like but must stay within reasonable standards of fair use, extreme excess usage above what our average customers use or any usage that impacts other customers will be considered in breach of our fair use policy.
MyHost reserves the right to add or modify the terms presented here. On this website, the terms bandwidth and data transfer are used interchangeably.
1. The Registrar’s Obligations
We agree that we will:
2. The Registrant’s Obligations
You agree that you will:
3. 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:
4. Register is the Record
6. Payment of Fees
7. Suspension And Refusal To Supply Services
If you do not pay our charges for a domain name registered to you we may:
8. 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.
9. 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:
10. Limitation of our Liability
We have excluded all other liability we or any of the persons specified in clause 9 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 9 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.
11. 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 15 says otherwise. To the extent legally permitted:
12. Cancelling the Agreement
13. 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 ourselves that you have permitted those persons to act for you.
14. 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 9 cannot rely on any clause, all other clauses of it are binding.
15. 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 - 11, 13 – 14, and this clause 15.