New Zealand Web Hosting, Terms & Conditions

(a) UNLIMITED TRAFFIC RESTRICTIONS:

(i) UNLIMITED TRAFFIC does not apply to any domain account consuming 20% or more of systems resources. Following are a list of sites that will often require more than 20% of our systems resources: 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.

(ii) We are not saying that your web site cannot contain such files, however if at any time they consume 20% or more of our systems resources you will be contacted to resolve the problem. (NB: None of web sites that we currently host come anywhere near to 20% usage.)

(b) UNACCEPTABLE ACTIVITIES:

(i) These include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, 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 MEGAHost by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mail bombing (inundating a user with email without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (20% or more of available system resources), and subscribing someone else to an electronic mailing list without that person's permission.

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.

Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. Any customer repeatedly "mail bombed" or that attracts such behaviour will be asked to leave.

If you are not sure if your actions will be in violation, please ask first.

(ii) AGE. The client must be 18 years of age to obtain our service.

(iii) ABUSE OF THE LEGAL RIGHTS OF OTHERS: Examples of unacceptable activities in this regard include, but are not limited too, 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. MEGAHost supports free speech on the Internet, and will not suspend or cancel a customer's account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer's on-line activity has violated the legal rights of a third party, MEGAHost will not substitute itself for a court of law in deciding tort claims raised by the third party.

(iv) ABUSE OF THE LAW: MEGAHost 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 export restrictions; stalking; or violating other law such as the Privacy Act or Human Rights Act. Linking to illegal material is also prohibited.

(v) PORNOGRAPHY: Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of MEGAHost servers.

(vi) ABUSE OF MEGAHOST SERVER RESOURCES: Running programs in the background on an MEGAHost server without MEGAHost prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of MEGAHost servers. Further, any usage of twenty percent (20%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds twenty percent (20%) of system resources, you will be contacted and asked to eliminate the problem. In addition, any domain that exceeds ten gigabytes of bandwidth traffic can be terminated without prior notice.

(vii) HACKING/CRACKING: MEGAHost reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

(c) OTHER BEHAVIOUR: The following examples of unacceptable behaviour are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please contact us.

(i) 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.

(d) IP NUMBERS: MEGAHost maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.

(e) LIMITATION OF LIABILITY: MEGAHost shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from MEGAHost's servers going off-line or being unavailable for any reason whatsoever. Further, MEGAHost 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 MEGAHost servers. All damages shall be limited to the immediate termination of service.

(i) MEGAHost shall be the sole arbiter of what is and is not a violation of these acceptable use policies. MEGAHost reserves the right to terminate an account at any time and for any reason that causes harm to any MEGAHost customer's web sites. MEGAHost reserves the right to delete all content and files upon termination. MEGAHost reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. MEGAHost reserves the right to refuse, cancel, or suspend service at our sole discretion.

(ii) MEGAHost reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.