Terms and Conditions
WHOLESALE PRICING
Web designers can qualify for wholesale pricing but they must have their base web hosting site hosted with DNSVault Limited.
SCOPE OF AGREEMENT
This Service Agreement (the "Agreement") (also known as Acceptable Use Policy, User Agreement, and Terms and Conditions) is between DNSVault Limited (the "Supplier") and any person, persons, company, incorporated society, or government body (the "User") who by use of any services, packages, options, domain names, including but not limited to related web space, bandwidth, design, programming, and technical support services (collectively, the "Services") thereby consents to this Service Agreement simply by their said Use.
AGE:
A User, if an individual, must be 18 years of age to legally obtain DNSVault Limited Services.
BILLING AND PAYMENT
The User agrees to pay the fees and other charges for Services as provided in the standard schedule of prices, or as agreed to by separate quotation, by direct credit, automatic bank authority, credit card, or by internet banking promptly and on time.
Fees and charges for Services are payable in advance and initial charges or casual charges are due 7 days from date of invoice. DNSVault Limited reserves the right to charge a late payment fee equal to 1.5% (or the highest amount permitted by law, whichever is lower) per month or portion thereof on the outstanding balance of any invoice remaining unpaid after the date upon which payment is due ("Due Date").
All Invoices will be provided by email and the User is responsible for printing their own hard copy for accounting purposes.
The User hereby agrees to maintain a valid email address for the purpose of account maintenance and failure to do so will result in the withdrawal of Services.
As a policy, DNSVault Limited does not offer refunds or credits.
DELINQUENT ACCOUNT
DNSVault Limited reserves the right to suspend or terminate services to any delinquent payer. Such suspension or termination shall not relieve any User of their obligation to pay the fees and charges due.
Each User agrees to pay the reasonable expenses, including legal fees and collection agency fees, incurred in DNSVault Limited enforcing its rights under this Agreement.
Data, including images, will only be held by DNSVault Limited for 90 days maximum after the termination of a User's account.
AUTOMATIC CONTRACT RENEWAL
The Contract for Services is automatically renewed unless a User requests termination by email giving at least 30 days notice prior to the next renewal date.
DOMAIN NAME LEASE
If DNSVault Limited makes available a domain name as part of the Services provided to the User then that domain name remains the property of DNSVault Limited or it's associates. The domain name can be used by the User for all normal business practices in conformity with this Service Agreement but the User hereby agrees to indemnify DNSVault Limited and it's associates to any and all third party claims.
TRAFFIC RESTRICTIONS:
DNSVault Limited does not offer unlimited bandwidth and sites that consume more than 20% of DNSVault Limited system resources may be required to alter their activities. Offending sites are often sites containing multiple domains residing at a single IP address, domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), and domain accounts offering download files.
DNSVault Limited does not say that a User site can not contain such files, however if at any time they consume 20% or more of DNSVault Limited system resources the User will be contacted to resolve the problem, (see System Abuse below).
UNACCEPTABLE ACTIVITIES:
- spamming sending unsolicited advertising to those with which the customer has no existing business relationship or posting off-topic advertising in newsgroups
- spoofing using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message
- passive spamming promoting a web site hosted by DNSVault Limited by spamming from some other source
- trolling posting controversial messages in newsgroups to generate responses
- mailbombing inundating a user with email without any serious intent to correspond
- excessive mail volume generating a higher volume of outgoing mail than a normal User (20% or more of available system resources)
- falsification subscribing someone else to an electronic mailing list without that person's permission.
- spamware distribution of mass emailing programs either free or for remuneration
A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages.
If you are not sure if your actions will be in violation, please ask first
ABUSE OF THE LEGAL RIGHTS OF OTHERS:
Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers.
DNSVault Limited supports free speech on the Internet, and will not suspend or cancel a User account simply because DNSVault Limited disagrees with the views expressed by the customer. Where it is alleged that the on-line activity of a User has violated the legal rights of a third party, DNSVault Limited will not substitute itself for a court of law in deciding tort claims raised by the third party.
ABUSE OF LAW:
DNSVault Limited Services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating New Zealand or United States of America export or import restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited.
DNSVault Limited reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.
PORNOGRAPHY:
Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of DNSVault Limited servers.
SYSTEM ABUSE:
Running programs in the background on DNSVault Limited servers without the prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of DNSVault Limited servers.
Usage of twenty percent (20%) or more of system resources is an undue burden on the system and is unacceptable. Should a User ever exceed twenty percent (20%) of system resources, then they will be contacted and asked to eliminate the problem.
HACKING/CRACKING:
DNSVault Limited reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.
OTHER BEHAVIOUR:
The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes.
- Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network
- Attempt to circumvent any user authentication or security of host, network, or account.
- Accessing data not intended for user.
- Probing the security of any network.
- Spawning dozens of processes.
- Port scans, ping floods, packet spoofing, forging router information,
- Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop.
- Promulgation of viruses.
- IRC bots such as eggdrop or BitchX
Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.
CLIENT RESPONSIBILITY:
The User agrees that he or she has the necessary knowledge to create and maintain their web space.
The User is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery.
DNSVault Limited does not provide shell access to any server.
The User agrees that it is not the responsibility of DNSVault Limited to provide knowledge or support outside matters specific to DNSVault Limited servers.
BACKUPS:
It is User responsibility to maintain local copies of their web content.
If loss of data occurs due to an error of DNSVault Limited then DNSVault Limited will attempt to recover the data at no charge to the client. If loss of data occurs due to negligence of User in securing their account or by an action of the User, DNSVault Limited will attempt to recover the data from the most recent archive for a NZ$150.00 fee.
IP NUMBERS:
DNSVault Limited maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves at its sole discretion the right to change or remove any and all IP numbers and addresses.
DNSVault Limited is not LIABLE for any fees that a User charges to their clients.
DNSVault Limited does not refund fees which you have paid to Domain Name Registries.
LIMITATION OF LIABILITY:
DNSVault Limited shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from servers utilised by DNSVault Limited going off-line or being unavailable for any reason whatsoever. Further, DNSVault 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 DNSVault Limited servers. All damages shall be limited to the immediate termination of service.
DNSVault Limited shall be the sole arbiter of what is and is not a violation of these acceptable use policies. DNSVault Limited reserves the right to terminate an account at any time and for any reason that causes harm to any User web site. DNSVault Limited reserves the right to delete all content and files upon termination. DNSVault Limited reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. DNSVault Limited reserves the right to refuse, cancel, or suspend service at its sole discretion.
AGREEMENT CHANGES:
DNSVault Limited reserves the right to change this Service Agreement without prior notice or warning. DNSVault Limited also reserves the right to change Pricing or availability of Services but will notify a User thirty (30) days in advance of the effective date of any Pricing or Services change. Non-enforcement of any part of these Policies does not constitute consent.
