Friday, 16-May-2008 17:23:29 NZST

TERMS AND CONDITIONS OF SERVICE

SECTION 1 – INCORPORATION OF TERMS
The following terms and conditions shall be deemed incorporated in and shall form part of this contract involving services provided by ClassicHosting.com, (herein called "ClassicHosting.com", "We", "Us", "Our") to the Customer, herein called "The Customer", "Customer", "You", "Your" being any entity purchasing from "ClassicHosting.com".

SECTION 2 – INTERNET SERVICES
ClassicHosting.com, is an information provider connected to the Internet. ClassicHosting.com offers storage and transfer services over the Internet through access to its web servers.

You agree that the services provided to you are as outlined in our hosting plans for service.

The Customer seeks to utilize ClassicHosting.com’s servers for its own purposes. Both parties acknowledge that the Internet is neither owned nor controlled by any one entity, therefore, ClassicHosting.com can make no guarantee that any given reader shall be able to access ClassicHosting.com’s server at any given time. ClassicHosting.com represents that it shall make every effort to ensure that its server is available as widely as possible and with as little service interruption as possible.

SECTION 3 – OUR RESPONSIBILITIES TO YOU
To help you obtain the maximum value from our services, we will:

  1. Provide and maintain quality services 24 hours per day where this is reasonably possible.

  2. Monitor the system and take all reasonable precautions to prevent the compromise of system security.

  3. Provide clear explanations of our charges and billing procedures.

  4. Provide you with a minimum five days notice of any price changes by e-mail or any other reasonable means.

SECTION 4 – YOUR RESPONSIBILITES TO US
So that we can honour our responsibilities to you, you agree to:

  1. Obtain, install and maintain compatible hardware, software and communication lines to access the ClassicHosting.com service.

  2. Be responsible for maintaining the confidentially of your password assigned by us. You agree to pay all charges incurred by the use of your login name and/or password.

  3. Not use the service for any illegal or unlawful purpose or act, including, but not limited to, transfer of files, pictures or software, without the permission of the copyright owner.

  4. Indemnify ClassicHosting.com from any legal action that may arise from your use of the service.

  5. Pay the specified subscription and other charges for the services assessed to your account in accordance with our terms for payment.

  6. Compensate us for any loss we suffer, and indemnify us against any liability we incur, which is caused by or results from us providing service to you, or you not meeting your legal responsibilities, to us or anyone else.

SECTION 5 – TERMS OF PAYMENT
In consideration of ClassicHosting.com providing the service, you agree to payment as follows:

  1. After any trial period offered, the Customer agrees to a minimum three-month contract.

  2. Contracts will automatically renew for successive three-month periods unless cancelled in writing prior to the quarterly renewal date.

  3. Contracts may be terminated at any time upon payment of the balance of the contract term outstanding.

  4. The Customer agrees to pay ClassicHosting.com for services rendered monthly. Accounts are due after seven days after date of invoice.

  5. If collection for payment is unsuccessful, you will have five days notice to make payment, after which time your account may be terminated and the balance of your contract term will become payable in full immediately.

  6. ClassicHosting.com has the right to charge interest on all monies outstanding at the rate of 10 percent per month.

  7. Any costs (including debt collection, legal and solicitor fees, document service fees, court costs and private investigators fees) incurred in collection of overdue accounts will be payable in full by the Customer.

  8. If you believe that we have billed you in error, you must contact us within 30 days of the date of charge. Refunds or adjustments will not be given for any charges that are more than 30 days old.

SECTION 6 – SCOPE OF SERVICES
ClassicHosting.com reserves the right to modify, enhance and withdraw the service at any time, without notice.

SECTION 7 – TECHNICAL SUPPORT
ClassicHosting.com provides technical support by e-mail only. This service is accessible by sending an electronic message including the nature of your query to support@ClassicHosting.com. You agree that the use of telephone support may incur additional costs.

SECTION 8 – AGE
The Customer warrants that he/she is at least 18 years of age. By indicating acceptance to this contract, you indicate that you meet this age requirement.

SECTION 9 – INTERNET ETIQUETTE
Electronic forums such as mail distribution lists, news groups and electronic mail, all have expectations regarding subject area and appropriate etiquette for posting. You should be considerate of the expectations of others on the network when posting material for electronic distribution. The network resources of ClassicHosting.com may not be used to impersonate another person or entity, or misrepresent authorisation to act on behalf of other of ClassicHosting.com. All messages transmitted via ClassicHosting.com must correctly identify the sender; you may not alter the attribution of origin in electronic mail messages or postings. The Customer may not utilise ClassicHosting.com’s network resources to perform, be the target of, or in any way be involved in e-mail address extraction or unsolicited e-mail mass mailing (spamming) of any kind. The Customer agrees that violation of any conditions in section 9 will incur a $25,000 penalty fee.

ClassicHosting.com has a zero tolerance to spamming and/or bulk email. We do not condone sites which perform or promote spamming or bulk email products or services. Furthermore, we do not tolerate web sites which promote spamware or spam services. We co-operate with the spamhaus.org database, http://spamhaus.org and will immediately terminate without notice any site in breach of this condition. No refunds will be issued for domain hosting accounts terminated on this basis. The hosting of 'stealth' spamware and spam service sites is banned by most internet backbones acceptable use policites. It is also damaging to ClassicHosting.com's reputation and customers.

SECTION 10 – EXCLUSION OF LIABILITY
You shall indemnify us against all claims in respect of any loss or damage, including consequential loss sustained by a third party. Under no circumstances including negligence shall ClassicHosting.com, it’s employees, directors, affiliates, agent, third party providers, suppliers or the like be liable for any damages suffered by any Customer, nor be liable for any claims whatsoever or howsoever caused, including without limitations to property damage, loss of profits or goodwill, interruption of business, work stoppage, intellectual property infringement, personal injury, computer failure or malfunction, or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to ClassicHosting.com’s records, programs, service or property or for any direct, indirect, special, consequential or incidental damages, whether arising out of the Customers inability to use the service, breaching of warranty, contract, liability or otherwise, even if ClassicHosting.com has been informed of the possibility of such damages or claim by any party.

You expressly agree that the use of our service is at your sole risk. Neither ClassicHosting.com, it’s employees, directors, agents, third party providers, suppliers or the like warrant that our service will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of our service; or as to the accuracy, reliability, or content of any information service contained in or provided through this service, unless otherwise expressly stated in this contract.

It is expressed, acknowledged and agreed by you that ClassicHosting.com accepts no responsibility for the nature, quality and content of the material available on the Internet.

SECTION 11 – BACKUP OF FILES
The Customer agrees that ClassicHosting.com is not responsible for the backup of any Customer files or data residing on our servers. You are responsible for the backup of your data on our servers.

SECTION 12 – INTERNET PROTOCOL ADDRESSES
The Customer agrees that any Internet protocol addresses assigned are owned by ClassicHosting.com, who may, at any time, revoke, change or suspend any internet protocol addresses assigned.

SECTION 13 – VALIDITY OF EACH TERM
If any term of this contract is not valid for any reason, all other terms remain valid.

SECTION 14 - POLICIES
The Customer unconditionally agrees to all policies listed below:

TERMS OF SERVICE AND DOMAIN NAME POLICIES

DOMAIN NAME SEARCH:

 

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Terms and conditions of service