Terms and Conditions

Terms of Services

Revision date: 02/10/2017

All services provided by WEBSTACK LIMITED ("WEBSTACK LIMITED") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any New Zealand law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless WEBSTACK LIMITED from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to WEBSTACK LIMITED' servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links including, but not limited to:

Pirated software

Hacker programs or archives

Warez sites

Spamming

Mass mailing

DoS attacks

Distribution of malware and viruses

Hosted phishing sites

Port scanning

Cryptocurrencies

Data mining (I/O usage)

Nested virtualization without consent from WEBSTACK LIMITED

Tor nodes of any kind

Any other material or activities which are illegal in New Zealand and in the location of the provisioned server

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A CHARGE MIGHT APPLY. ADDITIONALLY, WEBSTACK LIMITED WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of WEBSTACK LIMITED is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, shared hosting sites, virtual private server and dedicated servers of WEBSTACK LIMITED must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing

By the Account Activation Date of each month for monthly basis services and each year for yearly basis services, WEBSTACK LIMITED shall either:

(1) debit the client's credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month or year. When an invoice is delivered to the client, payment shall be remitted to WEBSTACK LIMITED by no later than the specified payment due date. WEBSTACK LIMITED shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice monthly on a monthly basis services and yearly on a yearly basis services. All credit cards are billed automatically including any credit card surcharges if there is any. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be paid the due amount by bank transfer or provided with another credit card account number within one business day. If we do not receive a response within mentioned period, the account, and all accounts under that account plan, will be suspended.

WEBSTACK LIMITED does not provide a grace period after the payment is due. But in case of a loyal customer being in need of a grace period, it has to be requested and received by email before the due date.

GST

All prices are exclusive of GST unless mentioned. GST is payable by all New Zealand residents, although this cost does not apply to overseas orders.

Maintenance & Support Fee

WEBSTACK LIMITED provides website and server related maintenance services for its clients; however any maintenance or updates are outside the scope of the design project. When updates are required, WEBSTACK LIMITED will provide time and materials based quotes for this work. If a Web site development service has been accepted then clauses relating to support services will be applicable.

Service Fees

Certain services carry a setup fee charged by WEBSTACK LIMITED to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to WEBSTACK LIMITED and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Money back guarantee

We offer a 30 day Money back guarantee for specific shared hosting services only.

Refunds: If client has retained the services for one year and has pre-paid WEBSTACK LIMITED for such services and not completely satisfied with our services within the guarantee period, refunds will be issued for any unused full month of the services, upon client's written request. Before refunding, $15 administration fee, setup fee, 3^rd party service fee, licence fee, excess usage charges, managed service fee will be deducted when applicable. If you have been provided a free service such as a free domain name as bonus service, the cost of this will also be deducted from any refund given back.

Account Deactivations

Any account deactivated due to non-payment will require a reactivation fee of $15 prior to reactivation.

Cancellation Refunds

We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.

Backups

We process weekly, monthly and sometimes daily based data backups. However, You are responsible for maintaining your own backups with respect to your website and hosting account, and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability

WEBSTACK LIMITED shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from WEBSTACK LIMITED servers going off-line or being unavailable for any reason whatsoever. Furthermore, WEBSTACK LIMITED shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of WEBSTACK LIMITED servers. All damages shall be limited to the immediate termination of service.

Violations

Violations of these Acceptable Use Policies should be referred to support@webstack.co.nz. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

WEBSTACK LIMITED cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by WEBSTACK LIMITED are resold. Thus, certain equipment, routing, software and programming used by WEBSTACK LIMITED are not directly owned or written by WEBSTACK LIMITED. Moreover, WEBSTACK LIMITED holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as WEBSTACK LIMITED sees fit.

Account Activation

By activating your account with WEBSTACK LIMITED, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account or service with us and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee

WEBSTACK LIMITED guarantees 99% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, after verifying your written request your account will be refunded a pro-rated amount for the duration of excessive downtime. Uptime is calculated monthly. Claims must be made within 14 days of outage. Scheduled downtime for server or network maintenance is not included in the downtime calculation.

WEBSTACK LIMITED reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

 

Acceptable Use Policy

Revision date: 02/10/2017

As a provider of web site hosting and other Internet-related services, WEBSTACK LIMITED offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. WEBSTACK LIMITED respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, WEBSTACK LIMITED reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, WEBSTACK LIMITED has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using WEBSTACK LIMITED' services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that WEBSTACK LIMITED cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because WEBSTACK LIMITED cannot monitor or censor the Internet, and will not attempt to do so, WEBSTACK LIMITED cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that WEBSTACK LIMITED does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over WEBSTACK LIMITED network and may reach a large number of people, including both subscribers and non-subscribers of WEBSTACK LIMITED, subscribers' postings to the Internet may affect other subscribers and may affect WEBSTACK LIMITED goodwill, business, reputation or operations. For these reasons, subscribers violate WEBSTACK LIMITED policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming:

Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward WEBSTACK LIMITED, but also because it can overload WEBSTACK LIMITED network and disrupt service to WEBSTACK LIMITED subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, WEBSTACK LIMITED will investigate and shutdown the account that is Spamming. A $300 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore WEBSTACK LIMITED reserves the right to prosecute for this violation. A $5 charge will be assessed PER EMAIL sent should WEBSTACK LIMITED choose to pursue and prosecute.

Audio/Video Streaming:

Audio/Video Streaming is not hosting friendly. As such, WEBSTACK LIMITED does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

Adult-Oriented Content:

WEBSTACK LIMITED does not allow adult and X rated content and will suspend/terminate any offending account.

Large File Policy:

WEBSTACK LIMITED is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail info@webstack.co.nz.

Obscene Speech or Materials:

Using WEBSTACK LIMITED network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. WEBSTACK LIMITED is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:

Using WEBSTACK LIMITED network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:

Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:

Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:

Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:

Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:

Exporting encryption software over the Internet or otherwise, to points outside New Zealand.

Usenet Groups:

WEBSTACK LIMITED reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:

Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:

Engaging in activities, whether lawful or unlawful, that WEBSTACK LIMITED determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. WEBSTACK LIMITED will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with WEBSTACK LIMITED policy or applicable law. However, when WEBSTACK LIMITED becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by WEBSTACK LIMITED.

WEBSTACK LIMITED is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching WEBSTACK LIMITED facilities from those subscribers may have originated from a customer of the subscriber or from another third party. WEBSTACK LIMITED does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. WEBSTACK LIMITED reserves the right to directly take action against a customer of its subscribers. Also, WEBSTACK LIMITED may take action against the WEBSTACK LIMITED subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, WEBSTACK LIMITED anticipates that subscribers who offer Internet services will cooperate with WEBSTACK LIMITED in any corrective or preventive action that WEBSTACK LIMITED deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of WEBSTACK LIMITED policy.

WEBSTACK LIMITED will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. WEBSTACK LIMITED may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, WEBSTACK LIMITED may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. WEBSTACK LIMITED assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, WEBSTACK LIMITED may disclose subscriber information or information transmitted over its network where necessary to protect WEBSTACK LIMITED and others from harm, or where such disclosure is necessary to the proper operation of the system. However, WEBSTACK LIMITED will never sell information to other services or outside companies.

WEBSTACK LIMITED expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate WEBSTACK LIMITED policy. Finally, WEBSTACK LIMITED wishes to emphasize that, in signing the Service Agreement, subscribers indemnify WEBSTACK LIMITED for any violation of the Service Agreement, law or WEBSTACK LIMITED policy resulting in loss to WEBSTACK LIMITED or the bringing of any claim against WEBSTACK LIMITED by any third party. This means that, if WEBSTACK LIMITED is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against WEBSTACK LIMITED, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of users, including WEBSTACK LIMITED and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to info@webstack.co.nz.

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a client orders a product or service or accepts an estimate or quote, then the Client will be deemed to have satisfied themselves as to the terms herein and have accepted these terms and conditions in full. Acceptance of any given estimate/quote by WEBSTACK LIMITED can be made over email confirmation, document signing or through our online website form when applicable.

Please read these Terms and Conditions carefully. Any acceptance to purchase or use our services implies that the Client has read and accepted our Terms and Conditions.