1. Term & Payment for Services
1.1. Term
This Agreement shall be for an "Initial Term" as chosen by you in the Order
Form located on this Site at the time you register for the Services. This
Agreement will be automatically renewed (the "Renewal Term") at the end of the
Initial Term for the same period as the Initial Term unless you provide
NetLab with notice of termination 30 days prior to the end of the Initial Term or the Renewal Term.
1.2. Termination Policy
If you terminate your receipt of the Services prior to the end of the Initial
Term or the Renewal Term, whichever is then applicable, (a) NetLab
will not refund to you any fees paid in advance of such termination and (b) you
shall be required to pay 100% of NetLab's standard monthly charge
for each month remaining in the term, unless otherwise expressly provided in
this Agreement. Notwithstanding the foregoing, if you terminate your receipt of
Shared Hosting Services prior to the end of the first 30 days of the
Initial Term, you are entitled to a refund of the fees you paid in advance for
the monthly Services, not including any setup fees. Your termination request or
notice must be submitted to NetLab in the manner described in
Section 1.1. NetLab may terminate this Agreement at any time and
for any reason by providing to you written notice 30 days prior to the
date of termination. If NetLab terminates this Agreement,
NetLab will refund to you the pro-rata portion of prepaid fees
attributable to Services (excluding setup fees) not yet rendered as of the
termination date unless otherwise expressly provided in this Agreement. If
termination was enforced to due violations that result in damages or fees
assigned to NetLab on your behalf, no refunds shall apply and you will be held liable for such fees.
1.3. Default and Cure
In the event that either party hereto defaults in the performance of any of
its material duties or obligations under this Agreement, including failure to
make any payments due under this Agreement, and such default is not cured within
5 days after written notice is given to the defaulting party specifying
the default, then the party not in default, after given written notice thereof
to the defaulting party, may terminate this Agreement.
1.4. Charges
You agree to pay for all charges attributable to your use of the Services at
the then current NetLab prices, which shall be exclusive of any
applicable taxes. You are responsible for the payment of all federal, state, and
local sales, use, value added, excise, duty and any other taxes assessed with
respect to the Services, other than taxes based on NetLab's net
income.
1.5. Payment
All charges for Services must be paid in advance according to the then
current prices applicable to the Services. Upon entering this Agreement, you
must choose to pay either by PayPal, credit card, bank transfer, or cheque. If you
choose to use PayPal or credit card upon registering for the Services, you
thereby authorize NetLab to charge your PayPal account or credit card to pay
for any charges that may apply to your account. You must notify NetLab
of any changes to your card account (including, without limitation,
applicable account number or cancellation or expiration of the account), your
billing address, or any information that may prohibit NetLab from
charging your account. NetLab may also create periodic invoices for
any applicable Supplemental Charges associated with your use of the Services.
You agree to pay to NetLab the amount indicated in each invoice by
the due date reflected on that invoice. If you fail to pay any fees and taxes by
the applicable due date for invoice payments, late charges of the
lesser of one and one-half per cent (1.5%) per month or the maximum allowable
under applicable law but at no time less than $15 shall also become payable by
you to NetLab. In addition, your failure to fully pay any fees and
taxes within 5 days after the applicable due date will be deemed a
material breach of this Agreement, and NetLab may, in addition to
any other remedy it may have: (i) suspend its performance of the Services and/or
terminate this Agreement; and/or (ii) At the time of such nonpayment,
NetLab may, delete any and all content from the NetLab Servers. A reactivation fee
of $25 will be charged to any account that has been deactivated and requires re-activation.
Any such suspension or termination of the Services would not relieve you from paying
past due fees plus interest. In the event of collection enforcement, you will be
liable for any costs associated with such collection, including, without
limitation, reasonable attorneys' fees, court costs and collection agency
fees. If you ever feel that NetLab incorrectly charged your PayPal account or credit card
you must contact our accounts for a correction. If you do contact your credit card
company and issue a chargeback then you will be responsible for the $50
chargeback fee. If you do not pay this fee then your full account will be closed.
1.6. Chargebacks
If you ever feel that NetLab incorrectly charged your credit
card you must contact billing for a correction. If you do contact your credit
card company and issue a chargeback then you will be responsible for the $50
chargeback fee. If you do not pay this fee then your account will be terminated.
2. Acceptable Use
2.1. Website Content
NetLab's servers may be used only for lawful purposes. Users may not use NetLab's Network in order to transmit, distribute or store material:
- (a) in violation of any applicable law,
- (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or
- (c) that is obscene, threatening, abusive or hateful.
Pornography and sex-related merchandising is prohibited on all servers. This includes
sites that may infer sexual content, or link to adult content elsewhere. This is also
true for sites that promote any illegal activity or content that may be damaging to our
servers or any other server on the Internet. Links to such materials are also prohibited.
In addition, any site selling or promoting bulk email services is not allowed.
Examples of non-acceptable content or links:
- Pirated software
- Hackers programs or archives
- Warez Sites
- Irc Bots
- Media Files, e.g. MP3, MPEG, wav, ogg, quicktime. (Exemption: Files for which you own the copyright, or have express permission of the copyright owner, or are in the public domain, or which have been obtained under a copyleft license such as Creative Commons or GFDL.
We will be the sole arbiter as to what constitutes a violation of this provision.
2.2. Server Abuse
Any attempts to undermine or cause harm to a server is strictly prohibited.
2.3. CGI Scripts
You are free to use any CGI-Scripts provided with your account and/or add
any additional ones that you require. Any CGI-Scripts deemed to be adversely affecting
the Server Performance or the Network Integrity may be shut down without prior notice.
For the purpose of this clause, "CGI script" includes any script which processes on
the server regardless of scripting language. CGI-Script sharing with Domains not
hosted by NetLab is not allowed.
2.4. Background Running Programs
Background Daemons in general are prohibited.
2.5. Commercial Advertising — Email:
NetLabs's servers may not be the source, intermediary, or destination address involved in the transmission of spam (unsolicited email), flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above.
We consider spam any mass unsolicited message in the mediums of:
- Newsgroups (including usenet, google groups, yahoo groups)
- Email
- Instant Messaging (including but not limited to ICQ, MSN, AIM, Yahoo messenger, Skype, Jabber)
- any similar communication technologies which may emerge.
- "Comment spam": off-topic comments on web-logs or web forums which link to your website.
If you are found to have spammed, then we will immediately, without warning, disable
your domain. We reserve the right to refuse or cancel service to known spammers. You are
permitted to operate bulk mailing lists so long as they use an opt-in process with a clear
audit trail and so long as unsubscription requests are honoured promptly.
2.6. Bandwidth and Storage Usage
You agree that use of the Services under this Agreement will not exceed the
bandwidth and storage usage limits set out. If you use any bandwidth or storage
space in excess of the agreed upon number of megabytes per month, you agree to
pay the associated additional charges. Data stored in your user account on a
NetLab Server is not owned by NetLab; therefore Data preservation is the ultimate
responsibility of you, the client. NetLab is in no way responsible for the client's
data and or the backup of that data unless otherwise expressly provided in this Agreement.
2.7. General
Lastly, we reserve the right to determine what violates this policy. And as such, any
violation may result in immediate deactivation of services without refund.
4. .NZ Domain Names
BACKGROUND
(a) NetLab purchases Product and/or Services including some acquired from WebFarm, an authorised .nz registrar who offers domain name registration Services to the public through its connection with New Zealand Registry Services (New Zealand domain name Registry Ltd).
(b) The Reseller has offered to make these Products and/or Services available to the Customer upon the terms set out in this Agreement.
OPERATIVE CLAUSES
4.1. Definitions
For the purposes of this Agreement the following words have the following meanings assigned to them:
"Customer", "You" and "Your" means the abovenamed Customer.
"Privacy Policy" means the privacy policy from time to time adopted and followed by NetLab and posted on its official website.
"Products and/or Services" means the provision of domain name registration and registrar Services by the Reseller
"Us", "We" and "Our" means NetLab.
"Registrar" means WebFarm Ltd.
4.2. Our Obligations
We agree that we will:
4.2.1 comply with all .nz policies as published from time to time at http://dnc.org.nz/policies/ and accurately represent these to you;
4.2.2 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;
4.2.3 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);
4.2.4 process any new .nz domain name registrations with the registry within 8 hours from the time we receive all the information required to complete a registration if it is within our advertised business hours of 10am - 5pm Monday, 9am - 5pm Tuesday - Thursday, 9am - 4pm Friday, and otherwise within 48 hours;
4.2.5 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;
4.2.6 arrange for correction of any error in the information in the register about any domain name registered to you when requested;
4.2.7 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;
4.2.8 use your personal information only as authorised by you;
4.2.9 take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);
4.2.10 comply with any order of any authority having jurisdiction regarding any domain name registered to you;
4.2.11 use our best endeavours to deal with any complaints you may have about the Services we provide for you.
4.3. Your Obligations
You agree that you will:
4.3.1 comply with the .nz policies as published from time to time at http://dnc.org.nz/policies/. You agree that you have read and understood the current policies;
4.3.2 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;
4.3.3 keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure;
4.3.4 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;
4.3.5 ensure that you only use our Services for a lawful purpose;
4.3.6 ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
4.3.7 ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
4.3.8 protect us, the Registrar, 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.
4.3.9 to contact the Reseller, not the registrar, for support regarding the Services.
Duties of Other Persons
4.3.10 You agree to make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.
4.4. Registration of a Domain Name
When a domain name in the .nz domain name space is registered to you, or in your name as directed by you, then you agree:
4.4.1 that the following information becomes available to any member of the public:
* your name,
* your contact details and
* the domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name.
4.4.2 the domain name is registered in your name only because no other person has it according to the records of the register; and
4.4.3 neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the "who is" database shall not be taken as evidence of anything other than such registration; and
4.4.4 that 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.
4.5. Register is the Record
For all purposes the details shown in the register shall be treated as correct and the authoritative record.
4.6. Payment
4.6.1 You agree to pay for the Services we provide for you.
4.6.2 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.
4.6.3 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.
4.6.4 Our usual fees are for registration of the Domain and delegation to a nameserver. We may also charge for email and web site hosting provided by us. We will tell you before any additional charge is incurred.
4.6.5 Our prices are stated in New Zealand dollars and [include|exclude] GST
4.7. Suspension And Refusal To Supply Services
If you do not pay our charges for a domain name registered to you we may:
* cancel registration of that domain name;
* or refuse to provide a service you request.
4.8. 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.
4.9. 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 :
4.9.1 InternetNZ, the registry, the registrar and any other entity we are in any business relationship with;
4.9.2 every officer, employee, contractor, agent of us or any entity in clause 9.1;
4.9.3 anyone else we get to perform our duties under any agreement you have with us. 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. This exclusion applies whatever you are claiming for and in whatever way liability might arise. 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.
4.10. 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.
4.11. 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:
4.11.1 all our Services are provided under New Zealand law;
4.11.2 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;
4.11.3 except as otherwise stated, you may take action against us only in a New Zealand court;
4.11.4 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.
4.12. Cancelling the Agreement
4.12.1 We may cancel or suspend this agreement by giving you one months notice if you do not meet your duties to us.
4.12.2 We may end the agreement for any other reason by giving you one month's notice.
4.13. 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 ourself that you have permitted those persons to act for you.
4.14. 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.
4.15. 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 3, 5 - 11, 13 - 14, and this clause 15.
