Terms

Terms and Conditions

This Agreement details the terms and conditions governing your use of the services made available to you by (MyHost 2009 Limited) trading as (MyHost), hereinafter called ("MyHost") or "We". Use of this website, or of the products or services offered in this website, or by (MyHost) represents that you have read and understood these terms and conditions. This represents the whole agreement and understanding between MyHost and the individual, corporation or organisation who subscribes to the Service hereinafter called "Member" or "Members" or "You" or "you". This document is referred to as the "Agreement".

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’s Commitment and Services

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.

Service

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.

Subscriber Accounts

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.

Promotional Offers

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.

Charges & Payment

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:

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 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.

Prohibited Conduct

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.

Limitation of Liability

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.

Intellectual Property Rights:

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.

Indemnification

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:

  • any breach or non-observance of this Agreement by you or;
  • any infringement of any copyright, trademark, patent, trade secret or any other intellectual property rights of any party by content on your website or;
  • Illegal, or defamatory content on your website.
  • any fault or failure of, or damage to, any of the Customer’s property located at MyHost’s premises.

Force Majeure

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.

Business Warranties and Claims

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.

Privacy

The MyHost Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Members' personal information and is subject to modification from time to time. Changes are effective upon posting and after notifying you of the modified Agreement to this URL: https://myhost.nz/privacy-policy.

Reservation of Rights

MyHost reserves the right and sole discretion to:

  • Censor any website hosted on its servers that is deemed inappropriate;
  • Review any account for excessive space or bandwidth utilisation and to suspend Service to those accounts that exceed allowed levels;
  • Terminate any account if the contents of account website results in, or are the subject of, legal action or threatened legal action, against MyHost or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit;
  • Terminate any account for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that MyHost determines to be harmful to its other customers, operations or reputation; or for any breach of this agreement;
  • Temporarily suspend the Service for technical reasons or to maintain network equipment or facilities, generally without notice, but if such suspension is to last for more than 6 hours we will endeavour to notify you of the reason.
  • MyHost may update the software associated with a Service for many reasons, including but not limited to, (a) to maintain PCI compliance; (b) to fix bugs or problems in previous versions; and/or (c) to enhance functionality or features.
  • MyHost reserves the right to positively publicise the business relationship for marketing and promotional purposes with the other party’s consent, and without disclosing the confidential and commercial terms of it.
  • All ownership and rights to the usage of Internet Protocol addresses, hereafter referred to as IP(s), assigned to you shall belong only to MyHost. MyHost reserves control and the right of ownership over IP’s and may change or remove any such IP Address. All IP allocations are based on the provisions of APNIC (Asia Pacific Network Information Centre) policy governing IP addresses.

Communications

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.

Notices

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

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

Unenforceable Provisions

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.

Waiver

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.

API Usage

By using any MyHost provided API you agree:

  • MyHost may suspend or terminate your access to MyHost API, or change any or all of MyHost API, protocols or methods of access to MyHost API or MyHost API Specifications for any or no reason and is not liable to you for such decision.
  • You shall not interfere or attempt to interfere in any manner with the proper workings of MyHost API.
  • MyHost may, in its sole discretion, set a quota of operations on Your MyHost API usage. You shall not attempt to exceed automated use-quota restrictions. You shall not attempt to aggregate your use or representation of MyHost accounts primarily for the purpose of manipulating Your MyHost API use-quotas.

Resale of our Services

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:

  • there is no direct relationship between us and your client;
  • you will not refer your customer to us for support services;
  • you will make it clear to your client that you are the contact for all purposes; and
  • this agreement also applies to your clients.

MyHost only offers support to direct Subscribers and Resellers.

Third party products

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.

Unmanaged Virtual Private Servers

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.

Domains

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.

Warranty Disclaimer

You agree that your use of MyHost shall be at your sole risk. All services provided by MyHost are available as is, without warranty.

Assignment

The Customer cannot assign its rights and obligations under any agreement with MyHost without the prior written consent of MyHost.

Entire 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 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.

Additional Agreements

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.

MyHost Support Team

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.

This Agreement

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.

Service Level Agreement

MyHost’s Service Level Agreement is a manifestation of our everlasting commitment towards providing unmatched levels of technical support, customer service and customer care. This Service Level Agreement describes service level commitments provided to our customers (**“you“**, **“your“**) by MyHost 2009 Limited (**“the company“**,**“company“**, **“MyHost“**, **“us“**, **“we”** and **“our“**) for our web hosting services.

1.0 Technical Support

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.

2.0 Scheduled Maintenance

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.

3.0 Availability

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.

Service Target
1.1 The following service levels apply to this SLA.

  • Network Uptime – 99.99%
  • Server Uptime – 99.99%
  • Datacentre Availability: 100%
  • Colocation: 99.99%
  • Cloud Services: 99.99%
  • Dedicated Servers: 99.99%
  • VPS servers: 99.99%
  • Shared hosting: 99.99%
  • Domain names: 99.99%

The service levels stated above will be compared to the server availability as a whole, not to individual client accounts.

Refunds

If availability is below the guaranteed level, MyHost will grant an appropriate refund after the Customer has provided the following:

  • Client ID
  • Service name
  • Evidence of downtime
  • Amount claimed

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 accounts@myhost.nz 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:

  • 99.99% - 99.9% - 10% off next month’s applicable service
  • 99.9% - 99.7% - 15% off next month’s applicable service
  • 99.7% - 99.1% - 20% off next month’s applicable service
  • 99.1% - 90.0% - 30% off next month’s applicable service
  • Below 90% - 50% off next month’s applicable service

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:

  1. acts of any governmental body, fire, flood, earthquake, strike or other labour disturbance, interruption of / or delay in transportation, unavailability of / or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software;
  2. Your acts or omissions (or acts or omissions of others engaged or authorized by You), breaching the Company’s Terms and Conditions and Acceptable Use Policy;
  3. DNS (Domain Name Server) Propagation.
  4. Outages elsewhere on the Internet that hinder access to your account;
  5. Lack of availability or untimely response time of Customer to respond to incidents that require their participation for source identification and/or resolution.

4.0 Storage Capacity / Data Transfer

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.

5.0 Data Integrity

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.

6.0 Data Retention

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.

7.0 Customer Responsibilities

To access MyHost’s services the customer must provide at the very minimum:

  • an Internet connection with sufficient bandwidth and quality to allow trouble-free browsing, data uploading and downloading;
  • a fully functional Internet browser;
  • tools to develop and publish content as You find suitable and necessary; and
  • tools to access database servers if such services are purchased by You.

This Service level agreement runs in conjunction with MyHost’s standard terms and conditions and Master Service agreement.

Privacy Policy

We take our customer’s privacy seriously, and we want you to feel confident that any information you have with us is safe. That is why this statement is as short and free of legal speak as we could practically make it. Please take the time to read it, and if you have any questions, feel free to contact us.

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:

  • Personal/Contact information: we receive and store any key information you provide us, such as your name, email, phone numbers, physical address and sometimes more. This information is important to effectively provide the product and services we offer, and to allow us to contact you when required.
  • Billing information: when signing up for any of our services or products, we request payment information such as your credit card information and any other information necessary for payment methods. This information is not stored on our servers in any identifiable or useful way.
    Our billing partner is Payment Express (http://www.paymentexpress.com).

Information we receive from your use of our services or third-parties:

  • Automated information: Like most websites and applications we automatically track information through cookies and logs about how our services are being used. The cookie file does not identify your business personally, as it only gives MyHost details of your IP address, PC platform (e.g. Windows, NT or Mac), Browser (e.g. Internet Explorer, Firefox, or other, plus the version of Browsers) and domain. If you wish, you can choose to refuse cookies by turning them off in your browser and/or deleting them from your hard drive. You do not need to have cookies turned on to use the site, but you may need them for customisable areas of the site that MyHost may develop in the future.
  • Website Analytics tools: we use analytics services by third parties to collect information about the use of this Site, such as number of visits, pages visited, and the popularity of certain content.
  • Other information: we store any information you provide to us through any forms on our site, telephone, or any other type of communication with our team. Whenever you contact us, we will record the ticket, chat or call to ensure we have an accurate record of all communication needed to provide our services.

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:

Personal/Contact information:

  • For verification of your identity for the use of our services.
  • To contact you regarding the status of the services, functionality changes to our products, services and site.
  • To notify you of service interruptions or important updates, such as maintenance and changes made to this policy.
  • Where you have opted in to receive such information - other / new services, special offers/newsletters, or promotions, such as sending you a t-shirt.

Payment and billing information:

  • To open an account for you in order to process your orders, to invoice you and fulfill our legal obligations for tax calculations and to enter into contractual agreement for any services.

Automated information:

  • To improve products and services, fix bugs, administer our site, diagnose any problems with our servers, and for fraud and abuse detection.

Analytics tools:

  • To improve the performance of our site

Other information:

  • To maintain your account and services you use, protect the safety of our services, enable you to enter our site and use certain services or visit restricted areas without having to login each time, to have an accurate record of any inquiries in case of a dispute and to identify certain characteristics that could help us optimize and improve our products and services.

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:

  • To fulfill any legal obligations we may have to collect this information from you; or
  • We have your consent to do so; or
  • We need to process the personal information to perform services for you under our terms and conditions of service.
  • Any consent you provide may be withdrawn at any time by emailing us at support@myhost.nz.

Your rights
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 support@myhost.nz to request any of the following:

  • Provide you with further details about how we process your personal data;
  • Provide you with a copy of any data which we hold about you;
  • Stop processing your personal data for direct marketing or purposes;
  • Withdraw your consent to use your personal information, where we rely on your consent as a legal basis to justify using your personal data;
  • Consider any valid objection to the processing of your personal information;
  • Restrict the way we process your personal data;
  • Process any valid request to transfer your personal data to a third party provider of services (data portability). Please note that we are not responsible for the security of the personal information or its processing once received by the third party.

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:

  • tracking information and other information that does not personally identify you;
  • your personal information, where MyHost believes in good faith that MyHost is required to do so by law; and
  • your personal information provided to MyHost, where MyHost has your prior authorisation, which will usually be obtained at the time of collecting the information from you.

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.

Unmanaged Service
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.

Children
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.

Security
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.

Our Promises

  • We will respect your information and privacy at all times.
  • We will never disclose, rent, loan, or sell this information to anyone, unless we are legally obligated to do so.
  • We will do our absolute best to protect your information and privacy at all times. It is our policy 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.
  • We will be honest and open should a privacy breach occur. We will notify you of the breach within 72 hours of learning of it and provide specific details of the breach, such as the nature and the approximate number of data subjects affected.
  • We will keep our subscription lists as clean as possible to prevent obsolete e-mails to take unnecessary bandwidth.
  • We will use cookies in a responsible manner, if at all, to help out visitors, not snoop on them.
  • We will conduct regular reviews to ensure that our Privacy Policy is in compliant with applicable international laws and your information is being handled accordingly.
  • If you believe your personal data has been used in a way that is not consistent with this Privacy Policy, or if you have further questions or concerns regarding this Privacy Policy, please contact us by email at support@myhost.nz.

Changes to the Privacy Policy
We reserve the right to modify this Privacy Policy from time to time. If we make any changes to our Privacy Policy, we will post the updates to this Privacy Policy here, notify you, and place notices on other areas of the site, so that you may be aware of the information we collect and how we use it at all times.

Acceptable Use Policy

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 abuse@myhost.nz.

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:

  • 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 of your website, hosting, reseller or resold account(s)
  • Keeping secure any identification and other confidential information relating to your account

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.

Software
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:

  • Proxy scripts
  • Soap mailers
  • Non-secure FormMail scripts
  • Shell emulation scripts
  • Background-running processes
  • IRC Bots
  • warez
  • Daemons or persistent programs and scripts are also prohibited for customer use on MyHost servers.

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.

Negligent activities
The following is a non-exclusive list of content and behaviour prohibited by the Service:

  • 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, mailbombing, 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 prohibited.
  • 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.
  • You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, consuming excessive amounts of memory, CPU or bandwidth usage.
  • Content that contains or contains links to: pornography or other illegal content under applicable law.
  • Content that condones, promotes, contains, or links to "warez", cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
  • Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectionable material.
  • Content or otherwise that exploits children under 18 years of age.
  • Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
  • Content that infringes on or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party.
  • Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
  • Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
  • Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any MyHost service, solution or technology.
  • Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwords of Member Sites (or pages contained therein).
  • A customer engaging in any of the above activities may result in having their account suspended.

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:

  • Any attempts to cause harm to any of our servers or network infrastructure.
  • Logging or trying to log into a server or account, which such customer is not authorised to access.
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • Attempting to interfere with the services of other customers, host or network, including but not limited to “flooding”, “mail bombing”, spoofing” or “crashing”.
  • Forging or altering any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

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.

Other Resources
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.

Customer Costs
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.

Scripts
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.

Reseller
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.

Parked Domains
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.

General
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.

Fair Use Policy

The use of MyHost 2009 Limited’s products and services are governed by a Fair Use Policy, stated here, which covers the fair use of bandwidth and other resources on shared and reseller hosting plans, where there is an indication of “unmetered” data transfer.

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.

3.0 General
MyHost reserves the right to add or modify the terms presented here. On this website, the terms bandwidth and data transfer are used interchangeably.

Domain Terms

Version 1.5 – 08 August 2018

1. 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.

2. 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.

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:

  • 3.1 Operations of the .nz domain name space requires the collection of information, including some personal information, from you. In order to have a domain name registered in your name, this information must be entered to the register (see clause 4 below for more details regarding the register)
  • 3.2 By entering into this agreement, you consent to providing us with the following personal information ("personal information"):
    • full name, email address, physical address, country and phone number
  • 3.3 While you have the right to withdraw your consent to providing us with your personal information, without this personal information we cannot perform our obligations under this agreement (including registering and maintaining a domain name for you) because: i) The personal information is necessary in order for your domain name to be recorded on the .nz register; ii) We need to be able to contact you in relation to the administration of the domain name; and iii) We are required by .nz policies to collect your personal information;
  • 3.4 If you decide to transfer management of your domain name to another registrar, or if your domain name is cancelled, or if this agreement ends for any other reason, we will continue to store your personal information for a period of not less than 6 years for limitation and tax administration purposes.
  • 3.5 You further agree that: i) The domain name is registered in your name only because no other person has it according to the records of the register; and ii) Neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the Query Service shall not be taken as evidence of anything other than such registration; and iii) 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.

4. Register is the Record

  • 4.1 The register is the authoritative database of .nz domain names and the details shown in the register is treated as the correct record. The register is operated by the registry branch of lnternetNZ ("registry").
  • 4.2 In order to have a domain name, it is necessary that the registry store your personal information on the register.
  • 4.3 When a domain name is no longer registered in your name, the registry will continue to store your personal information ("historical personal information"). Historical personal information may only be disclosed where authorised or required by New Zealand law.
  • 4.4 To the extent GDPR applies, EU registrants have the right to object to the registry storing historical personal information and/or disclosing it as authorised or required by New Zealand law.
  • 4.5 Despite clause 4.4, pursuant to Article 21 of GDPR, the registry maintains that it has compelling legitimate grounds for storing an historical auditable record of all domain names and disclosing historical personal information as authorised or required by New Zealand law. This is because without carrying out these functions, the integrity and operation of the register would be significantly undermined.

5. DNC

  • 5.1 DNC is the entity which regulates the .nz domain name market space.
  • 5.2 DNC provides a domain name registration data query service ("Query Service") (see section 21 of .nz Operations and Procedures policy for further details). Through the Query Service, the public is able to access the register with respect to a particular domain name from DNCL's website. Subject to the Individual Registrant Privacy Option ("IRPO") referred to in clause 5.7 below, in response to a Query, registrants' personal information will be available (along with the domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name).
  • 5.3 When a name is cancelled it holds a pending release status. During the pending release period of 90 days from date of cancellation, a registrar may fully re-instate the domain name for the registrant, so that it becomes active again. This means that your personal information remains viewable on the Query Service for that 90 day period. Following the 90 day period when your name is released, your personal information will no longer be disclosed on the Query Service.
  • 5.4 To the extent GDPR applies, EU registrant s have the right to object to their personal information being made available through the Query Service. However, pursuant to Article 21 of GDPR, DNC maintains that it has compelling legitimate grounds for disclosing the personal information on the Query Service. This is because without the Query Service, the integrity of the .nz domain name space would be significantly undermined.
  • 5.5 For the avoidance of doubt, by entering into this agreement, you hereby give consent to your personal information being made available on the Query Service.
  • 5.6 To the extent GDPR applies, EU registrants have the right to withdraw their consent under clause 5.5. However, any withdrawal of consent is without prejudice to DNC's position that it has a legitimate interest in disclosing the personal information on the Query Service.
  • 5.7 The IRPO is an optional feature available for individuals who are not using the domain name it is applied to in significant trade. If you are eligible and choose to use IRPO, your telephone number and contact address information will not be disclosed on the Query Service ("Withheld Data"). If you use your domain name for significant trade purposes you will not be eligible for the IRPO (see sect on 8 of .nz Operations and Procedures policy for further details).
  • 5.8 Despite clause 5.7, Withheld Data may be released in the following circumstances:
    • Where applications are made by any person, entity or organisation who have established a legitimate need for the Withheld Data (see sections 22.2-22.22 of .nz Operations and Procedures policy);
    • Where disclosure is ordered by a court of competent jurisdiction or is required by any other order with the force of law (see sections 22.23-22.24 of .nz Operations and Procedures policy);
    • Where an entity has a Memorandum of Understanding with DNC, such that the entity has automatic access, or alternatively streamlined access, to the Withheld Data (see sections 22.25 to 22.40 of .nz Operations and Procedures policy).
  • 5.9 To the extent that GDPR applies, EU registrants, who are eligible for the IRPO, have the right to object to Withheld Data being disclosed in the circumstances described in clause 5.8. However, pursuant to Article 21 of GDPR, DNC maintains that, based on the Privacy Act 1993 (or any substitute enactment) (and in particular Principle 11) it has compelling legitimate grounds to disclose Withheld Data on these circumstances.

6. Payment of Fees

  • 6.1 You agree to pay for the services we provide for you.
  • 6.2 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.
  • 6.3 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.
  • 6.4 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.
  • 6.5 Our prices are stated in New Zealand dollars and exclude GST.

7. Suspension And Refusal To Supply Services

If you do not pay our charges for a domain name registered to you we may:

  • 7.1 Cancel registration of that domain name; or
  • 7.2 Refuse to provide a service you request.

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:

  • 9.1 InternetNZ, the registry and any other entity we are in any business relationship with;
  • 9.2 Every officer, employee, contractor, agent of us or any entity in clause 9.1;
  • 9.3 Anyone else we get to perform our duties under any agreement you have with us.
  • 9.4 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.
  • 9.5 This exclusion applies whatever you are claiming for and in whatever way liability might arise.
  • 9.6 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.

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:

  • 11.1 All our services are provided under New Zealand law;
  • 11.2 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;
  • 11.3 Except as otherwise stated, you may take action against us only in a New Zealand court;
  • 11.4 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.

12. Cancelling the Agreement

  • 12.1 We may cancel or suspend this agreement by giving you one months notice if you do not meet your duties to us.
  • 12.2 We may end the agreement for any other reason by giving you one month's notice.

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.

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