HOSTING TERMS OF SERVICE 2016

Transcription

1 HOSTING TERMS OF SERVICE 2016 DOCUMENT PURPOSE This Terms of Service ( Agreement ) is a legally binding contract between Mr Web Design Limited trading as MRD Ltd and you ( Customer, you or your ) that shall govern the purchase and use, in any manner, of the services provided by MRD to Customer (collectively, the Services ). By purchasing and/or using the Services in any manner, you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement, and that you are at least eighteen (18) years old and have the legal ability to engage in a contract in New Zealand. If you do not agree to all the terms and conditions set forth in this Agreement, then you may not use any of the Services. If you are already a customer of MRD and do not agree with the terms and conditions set forth in this Agreement, you should immediately contact MRD to cancel your Services MRD WEB info@mrd.co.nz

2 Plans for every site, no surprises The beautiful thing about managed WordPress hosting, is that we handle all the nasty bits of hosting, and allows you to get back to doing what you do best. We take care of all the details around performance, security and updates, meaning you don t need to configure anything to have a site that flies! MRD Standard Monthly Hosting Includes $ GST per month Up to 5 addresses 2gb disk space 100gb bandwidth No charge for the resolution of downtime issues/ problems for which the host is responsible MRD Dedicated Monthly Hosting Includes $ GST per month Suitable for medium to high traffic websites Up to 10 addresses 5gb disk space 250gb bandwidth No charge for the resolution of down time issues/ problems for which the host is responsible MRD Custom Monthly Hosting Includes $POA + GST per month Suitable for high traffic, high profile websites Up to 20 addresses Unlimited disk space Unlimited bandwidth No charge for the resolution of down time issues/ problems for which the host is responsible

3 1. Ownership and Services Purchased The individual or entity set out in our records as the primary billing contact shall be the owner of the account. The features and details of the Services governed by this Agreement are described in the proposal documentation setting out the particular services or products you have purchased. MRD may modify the products and services it offers from time-to-time. Certain aspects of the Services may be provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. You may terminate this Agreement if such a change materially affects the Services. 2. Term of Agreement This Agreement becomes effective immediately when Customer signs this agreement ( Effective Date ) and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by an authorised executive of MRD, or by the posting by MRD of a revised version. The term of this Agreement is set to the Customer s billing term ( Term ). If no Term is set out, the Term shall be one 12 months. Upon expiration of the initial Term, this Agreement shall renew for periods equal to the length of the initial Term, unless one party. 3. Payments and Billing MRD requires a monthly automatic payment for services from the client on the 20th of each month in advance of a months services. If payment fails we will send an invoice reminder up to a period of 3 months, if this fails your account will be suspended and action to collect the outstanding debt will be registered with a debt collection agency. We are a New Zealand Registered company and as such all fees are billed in New Zealand Dollars ( NZD ), exclude GST, and are subject to change with thirty (30) days prior notice to you. The Billing Term is set out in monthly periods, MRD will provide an invoice in advance on a quarterly basis As a customer of MRD, it is your responsibility to ensure that all billing information on file with MRD is accurate, and that any automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, and insufficient funds and over the credit limit fees. MRD screens all orders for fraud and other unethical practices. All pricing on our website and in any communication is quoted excluding GST, Good & Services Tax doesn t apply if you re based out of New Zealand.

4 4. Obeying the Law MRD works with hosting partners who are registered and located within New Zealand and as such, we are required to comply with the laws and official policies of New Zealand, regardless of where the Services are provided. In addition, MRD will comply with appropriate laws and official policies set forth by New Zealand laws. 5. Cancellation of Services Either party may terminate this Agreement by providing notice to the other as provided herein You may cancel Service(s) with MRD by submitting a cancellation request in via to the address on our website. Cancellations must be requested via 96 hours or more prior to the Service s renewal date MRD may terminate this Agreement at any time by providing notice to Customers via . Should MRD terminate this Agreement for any reason other than a material breach, or violation of MRD Acceptable Use Policy, any prepaid fees shall be refunded. 6. Refund Policy and Billing Disputes MRD offers a fourteen (14) day money back guarantee. After the fourteen (14) day money back guarantee, no refunds for any services are available no exceptions. The service must be cancelled before fourteen (14) days to be eligible for the fourteen (14) day money back guarantee. Refunds will be issued only to the payment method that the original payment was sent from, and may take up to two (2) weeks to process by MRD. MRD will not activate new orders or provide additional Services for customers who have an outstanding balance with MRD. Exchange rate fluctuations for international payments are constant and unavoidable. Like all payments, all refunds are processed in NZ dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and MRD is not responsible for any change in exchange rates between time of payment and time of refund. In addition, MRD reserves the right to refuse a refund at any time for any reason.

5 7. Refusal of Service MRD Ltd reserves the right to refuse service to anyone at any time. Any material that, in MRD Ltd judgment, is obscene, threatening, illegal, or violates MRD Ltd terms of service in any manner may be removed from MRD Ltd servers (or otherwise disabled), with or without notice. 8. Uptime Guarantee MRD Ltd guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99.9% of the time in any given calendar month. If MRD Ltd fails to meet its uptime guarantee, you will be issued a credit equivalent to one (1) day of service per forty five (45) minutes downtime. The first 45 minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service. Credits are only available for future services/invoices and cannot be issued as refunds. The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: scheduled maintenance, DDoS or similar attack, hardware failure, thirdparty software failure, customer maxing its resource container, issues resulting from errors or omissions by the customer, issues relating to the customer s ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control. This clause does not apply to subscribers of Virtual Private Servers ( VPS ), or Dedicated Server packages. All credits are at the discretion of MRD Ltd, based on the investigation of any issue that is covered by this section. 9. Support Policy MRD Ltd will provide immediate technical support to you twenty-four (24) hours a day, threehundred-sixty-five (365) days a year for major outages and serious support requirements (in circumstances where your website is not viewable). The official method for technical support is via MRD free calling number. Non-serious support issues will be addressed within a six hour period.

6 10. Support Policy Backups are performed on servers that house shared and reseller packages only. No backups are performed for virtual private server (VPS/VDS), or dedicated server packages. 11. Domain Name Registrations, Transfers, and Renewals MRD Ltd will make every effort to ensure domain names are registered, transferred, and/or renewed on time. If you wish to change the Registrant Name at anytime you must complete a Change of Ownership form. 12. IP Address Allocation Any dedicated IP order, in addition to ones provided with a hosting package, may be subject to IP justification. Justification practices are subject to change to remain in conformity with policies of Asia Pacific Network Information Centre for Internet Numbers ( APNIC ). MRD Ltd reserves the right to deny any dedicated IP request based on insufficient justification or current IP utilisation. 13. Restrictions on Storage Space Usage All accounts are subject to the following restrictions on storage space usage: a) accounts must have valid, working websites, and not violate any previously subscribed terms; b) accounts are not for use of storage of backups, files, audio, video, zip files or others, as determined by MRD Ltd, at its sole discretion; and c) accounts are not for use of mass distribution of files, such as torrents or mirrors. Any account found violating these terms may be suspended or terminated without warning.

7 14. Acceptable Usage Policy You shall use MRD Ltds services only for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of the laws of New Zealand is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets or other statutes. You agree to indemnify and hold harmless MRD Ltd from any claims resulting from the use of the service which damages you or any other party. MRD Ltd reserves the right to terminate Services for any customer or End User activity that exposes it to legal liability or endangers its ability to provide services to other customers. The contents, links, or actions on any Services listed below are a violation of this Agreement. This is not an exhaustive list, but is designed to assist you in evaluating whether MRD Ltd is the appropriate service provider for you: Child Pornography Hosting, Distributing, or Linking to Pornography Involving a Person Under Legal Age Copyright Infringement Hosting, Distributing, or Linking to Copyright Infringed Materials CPU/Memory/Resource Abuse Consuming Excessive Amount of Server Resources Causing Server Performance Issues DoS Source Source of Denial of Service Attack DoS Target Target of Denial of Service Attack Forgery Faking an IP Address, Hostname, Address, or Header Fraud Site Hosting or Linking to a Website Intended to Deceive the Public Gaming and Internet Streaming Software Video, Music, or VOIP HYIP Hosting or Linking to a High Yield Investment Program Website Identity Theft Hosting, Distributing, or Linking to Stolen Account Identification Information Infection Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms IRC Hosting Internet Relay Chat Server not authorised by MRD Ltd Mass Storage Storing Mass Amounts of Backups, Archives, Videos, etc. Phishing Identity Theft by Under False Pretense Proxy Site Hosting of or linking to an Anonymous Proxy Server Spam Unsolicited Commercial (UCE) or Unsolicited Bulk (UBE) Spam List Hosting, Distributing, or Linking to Address Lists for Spam Spam Site A Site Advertised by Spam or Spam Web Spam Ware Hosting, Distributing, or Linking to Software Designed for Spamming Spam Web Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, or Guestbooks Spamhaus Spam Causing Blacklisting of an IP at www. spamhaus.org for Malicious Activity Terrorist Site Hosting or Linking to a Site Advocating Terrorism Toolz Hosting, Distributing, or Linking to Tools or Instructional Material on Hacking/Cracking or Other Illegal Activity Trademark Hosting, Distributing, or Linking to Trademark Infringed Materials Warez Hosting, Distributing, or Linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software Any other material MRD Ltd judges to be threatening or obscene. In addition you may not resell individual services within any single account such as web space, s accounts, add on domains, or mailing lists. All domains, add-on domains, and sub domains must be for sites controlled by or promoting published content or businesses that are solely controlled by the owner of the account as described above MRD WEB info@mrd.co.nz