Terms of Service

FlexiHost Terms and Conditions

General Terms of Service

  1. General Terms of Services
  2. Domain Name Terms and Conditions

 2.1  .nz Terms and Conditions

2.2   Terms and Conditions for gTLD and other ccTLD Domain Names

  1. Non Domain Name Terms and Conditions

3.1 Web Site Hosting and Email

1.0 General Terms of Service

 

Definitions:

"We" includes FlexiHost or any parties acting as an agent for FlexiHost 's.

"You" includes the person purchasing the services or any party acting on the customer's instructions.

"Member" includes the purchaser of services or any party acting on the purchaser's instructions. "The Registrant" includes the person applying for a domain name or any party acting on the Registrant's instructions. "The Registry" refers to the relevant domain names Registry, and “Registrar” (“Registrar of Record”) refers to the organization who manages that Registry. "Server" means the computer server equipment in connection with the provision of the Services.

"Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. "TOS" includes this agreement. FlexiHost reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: http://www.flexihost.co.nz/tos.php. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:

 

2.0 Domain Name Terms and Conditions

2.1 .nz Terms and Conditions

 2.1.1  BACKGROUND

  • Umbrellar Limited trading as FlexiHost ("FlexiHost") is not an authorised .nz registrar and accordingly acts as a reseller for Umbrellar Limited trading as Domain Agent (“Domain Agent”). Domain Agent offers domain name registration services to the public through its connection with New Zealand Domain Name Registry Limited trading as .nz Registry Services (NZRS).
  • The Registrant has requested FlexiHost to provide services to him/her/it and FlexiHost has agreed to do so on the terms and conditions set out in this Agreement.

 2.1.2 OPERATIVE CLAUSES

DEFINITIONS

For the purposes of this Agreement the following words have the following meanings assigned to them:

"Customer", "You" and "Your" means the Registrant. "DNC" means the office of the Domain Name Commissioner. "Privacy Policy" means the privacy policy from time to time adopted and followed by FlexiHost and posted on its official website. "Services" means the provision of domain name registration and registrar services by FlexiHost.

2.1.3 FLEXIHOST’S OBLIGATIONS

We agree that upon complying fully with your obligations under this Agreement (including without limitation making payment of all fees in full) we will:

 a) Comply with all .nz policies promulgated by any lawful authority from time to time and all statements of roles and responsibilities and accurately represent all of these to you

b) 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.

c) 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) PROVIDED HOWEVER our accepting your instruction does not provide any guarantee that the domain name(s) sought to be registered is available or will be able to be secured for you.

d) Process any new .nz domain name registrations with the registry within one (1) hour.

e) 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 (‘UAID’) ID for your domain name and your obligations as a registrant.

f) Arrange for correction of any error in the information in the register about any domain name registered to you when requested.

g) 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.

h) Use your personal information only as authorised by you.

i) Take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s).

j) Comply with any order of any authority having jurisdiction regarding any domain name registered to you.

k) Use our best endeavours to deal with any complaints you may have about the services we provide for you.

l) Comply with our Privacy Policy.

m) Accept (in our sole discretion) cancellations of domain name registrations within five days of initial registration and provide a refund of the payment made by you for registration excluding an NZ$5 administration fee.

 

2.1.4  THE REGISTRANT'S OBLIGATIONS

You agree that you will:

 a) Comply with the .nz policies promulgated by any lawful authority from time to time and all statements of roles and responsibilities issues by the DNC. You agree that you have read and understood all .nz current policies and statements posted at the official website of the DNC. 

b) Make sure all information you gave us is accurate and complete, keep us informed of changes to any information you give us and in particular update and maintain using the interface provided at FlexiHost's official website, and that you have the authority to enter into this agreement. We will not be liable to you for anything in any way should your contact or other details not be kept accurate or up to date.

c) Keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure.

d) 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.

e) Ensure that you only use our services for a lawful purpose. 

f) Ensure that the use of any domain name registered to you does not interfere with other users of the Internet.

g) Ensure that any order of any authority having jurisdiction regarding any domain name registered to you to ensure they also meet the above duties. 

h) Protect and fully indemnify us, 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.

 

2.1.5 Duties of Other Persons

You are responsible for everyone who uses a domain name registered to you to ensure they also meet the above duties.

 

2.1.6 REGISTRATION AND RENEWAL 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, you agree: 

a)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. 

b) The domain name is registered in your name only because no other person has it according to the records of the register; and 

c) Neither we nor anybody else is representing anything else to anybody regarding the 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 

d) That you protect and fully indemnify 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. \

e) The registrant email contact given by you for your domain name(s) will be notified by email more than fourteen (14) days prior to the renewal date for the name(s). It is your responsibility to maintain a correct email contact address. We will process your renewal only if payment is received in full on or prior to the renewal date. If payment has not been received in full we will not take any action to renew the domain name(s) and shall not be obliged to notify you of this. We will not be responsible for any losses, costs, expenses or damages resulting from the lapsing of the domain name(s) in these circumstances.

 

2.1.7 REGISTRY IS THE RECORD

For all purposes the details shown in the Registry shall be treated as correct and the authoritative record.

 

2.1.8 PAYMENT OF FEES

a) You agree to pay in advance for the services we provide for you at such rate as may from time to time be charged by us. Payment can only be accepted where made by Visa, MasterCard or American Express credit card, direct credit or cheque.

b) Current fees for services are set out on our website at www.flexihost.co.nz 

c) 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. 

d) 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. 

e) Our prices are stated in New Zealand dollars and do not include GST.

f) You agree that unless we accept a cancellation under clause 2.13 above, all payments made by you are non-refundable whether in whole or in part once our services have been provided irrespective of what might subsequently happen to your domain name (i.e. suspension, cancellation or transfer of the name to another registrar or registrant). 

g) In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the registration, renewal or registrar transfer fee, you acknowledge and agree that the domain name shall be cancelled at the Registry. We will reinstate any such registration solely at our discretion and subject to our receipt of the applicable registration, renewal or transfer fee and our reinstatement fee, currently set at NZ$50.00. 

h) If we are forced to hand your account over to our debt collection agency for collection you will be liable for these collection costs.

 

2.1.9 SUSPENSION AND REFUSAL TO SUPPLY SERVICES

If you do not pay our charges for a domain name registered to you we may:

a) Cancel registration of that domain name; or

b) Refuse to provide a service you request.

c) If a claim is made or threatened against us by any third party, we may immediately cancel or suspend registration or refuse any request for service unless in our sole discretion we are satisfied that the claim is wholly without merit or you provide us with sufficient security (in our discretion) to protect and indemnify us against that claim. Any cancellation, supervision or refusal by us under this clause does not give you any right to claim damages compensation or any losses of any nature from us.

 

2.1.10 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 or for any breach of this Agreement or any other applicable policies or terms and conditions, we will give you fourteen days’ notice before we cancel that domain name.

 

2.1.11 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:

a) InternetNZ, the registry and any other entity we are in any business relationship with; 

b) Every officer, employee, contractor, agent of us or any entity in clause 2.1.11 (a); 

c) 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 (if any) under the Consumer Guarantees Act 1993. To the extent that you are using our services for a business or business purposes you agree that the Consumer Guarantees Act 1993 does not apply.

 

2.1.12 LIMITATION OF OUR LIABILITY

We have excluded all other liability we or any of the persons specified in clause 2.1.11 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 2.1.11 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.

 

2.1.13 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 2.1.17 says otherwise. To that extent legally permitted:

 a) All our services are provided under New Zealand law; 

b) 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;

c) Except as otherwise stated, you may take action against us only in New Zealand court; 

d) 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.

 

2.1.14 CANCELLING THE AGREEMENT

a) We may cancel or suspend this agreement by giving you one months’ notice if you do not meet your duties to us except in the event that we take action under clause 2.1.9 or 2.1.10. 

b) We may end the agreement for any other reason by giving you one month's notice.

 

2.1.15 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 our self that you have permitted those persons to act for you.

2.1.16 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 2.1.10 cannot rely on any clause, all other clauses of it are binding.

 

2.1.17 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 2.1.14, 2.1.7 – 2.1.13, 2.1.15-2.1.16 and this clause 2.1.17.

 

2.2 Terms and Conditions for gTLD and other ccTLD Domain Names

 

This page is important. It gives you, as the customer, a summary of your rights and responsibilities and requires you to formally agree to them before your application proceeds further. By proceeding further, you agree to these terms and conditions.

 

Parties

The "customer" can be referred to as the "Name Holder". This is a person or party who wishes to obtain a domain name.

 

Umbrellar Limited trading as FlexiHost ("FlexiHost") acts as the Registrar Agent. Our role is that of an agent acting for you at the Registrar, who in turn act for you at the Registry.

 

The Registrar for each domain may be any of Register.com, Internet.bs, TPP Wholesale, OpenSRS, or Reseller Club, in our sole discretion. We reserve the right to change the Registrar where your domain is registered, and to transfer your domain between Registrars to put this into effect. We will give you at least seven (7) days’ notice of any such change, and you will have the right to opt-out and transfer your domain to a different Registrar of your choosing, on payment of all relevant fees by both Registrars and termination of this agreement with FlexiHost.

 

The relevant Registrar will set out the policies, issue authorisation keys and keep master records, among other things. By accepting these Terms and Conditions, you also accept as set out in clause 2.2.9 below the Terms and Conditions of the relevant Registrar.

 

gTLD namespace denotes those general Top Level Domains which are offered for registration from time to time by FlexiHost.  ccTLD denotes those country code Top Level Domains, apart from .nz, which are offered for registration from time to time by FlexiHost.

 

Terms

2.2.1    You must become familiar with the benefits and liabilities of owning any domain name. FlexiHost does not as part of the application process advise you on any aspect of the commercial value in your name.

 

2.2.2    You must establish at law your rights to own and use the domain name. In particular, you must satisfy yourself that no trademark or other intellectual property rights of third parties will be infringed. When a domain name in the gTLD domain name space is registered to you, or in your name as directed by you, you agree:

 a) 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 address/details of the nameservers for it, and our name. 

b) The domain name is registered in your name only because no other person has it according to the records of the register; and 

c) Neither we nor anybody else is representing anything else to anybody regarding the 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 

d) That you protect and fully indemnify 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.

 

2.2.3    FlexiHost will apply for and maintain your domain name for you. You must pay to FlexiHost the annual renewal fee.

 

2.2.4    All fees must be paid on time and in advance to FlexiHost. If you don't, this may result in your domain name and all services associated with it being removed from the Internet and/or FlexiHost ceasing to provide its services to you.

 

2.2.5    You will receive separate confirmation (by email) that your domain name has been successfully established.

 

2.2.6    You must modify your details using the interface provided at FlexiHost's website when any of your contact details change. FlexiHost will not be responsible in any way for any losses damages costs or expenses as a result of your failure to comply with this clause.

 

2.2.7    New domain name registrations can only be cancelled within 24 hours of initial registration. Refunds for domain names cancelled within this period will be issued solely at the discretion of FlexiHost. After this period, no refunds will be given, as per the later provisions of this agreement.

 

2.2.8    In submitting this form you agree generally to indemnify and hold FlexiHost, its officers and employees harmless from and against all claims and expenses, losses and damages including reasonable legal fees arising from a breach by you of these terms in any way or arising out of the performance or provision by FlexiHost of any action or service at your request.

 

2.2.9    The terms and conditions enforced by the Registrar and which apply at the time of your application for a domain name and subsequently shall apply to you and you agree to comply with them. FlexiHost is authorised to accept on your behalf that you will comply with them. Full details of present terms and conditions can be found as per the following:

 

Register.com

 Register.com Master Services Agreement 

Domain Name Registration (.com, .org, .net, .mobi, .us, .ws, .jp, .tv, .cc, .xxx and .co)

New Generic Top Level Domain Name Agreement (.biz, .info).

 

Internet.bs

Terms and Conditions

 

TPP Wholesale

Terms and Conditions

 

OpenSRS

Master Services Agreement

 

Reseller Club

Legal Agreements

 2.2.10    FlexiHost reserves the right to add to, alter or remove these terms and conditions in whole or in part whether as a result of changes in Registrar policy or terms and conditions or otherwise. FlexiHost shall give such reasonable notice, as it is able of any change to these terms and conditions.

 2.2.11    This Agreement by FlexiHost to act as your Registrar Agent and these terms and conditions shall all be construed and enforced according to New Zealand law and the New Zealand Courts shall have jurisdiction in respect thereof.

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 any 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 2.2.14 says otherwise.

 

To that extent legally permitted:

a) All our services are provided under New Zealand law;

b) Any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant services is supplied to you;

c) Except as otherwise stated, you may take action against us only in New Zealand Court;

d) 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.

 2.2.12    FlexiHost cannot guarantee that due to circumstances beyond our control your requested domain name will be assigned to you. In the event that your domain name registration, renewal or transfer is not processed successfully, we will refund you for all fees charged.

 2.2.13    By accepting these terms and conditions you agree to abide by FlexiHost's Acceptable Use Policy.

 2.2.14    As consideration for FlexiHost's domain name registration, administration, and renewal services, you agree to pay FlexiHost, upon submission of your domain name application, renewal application, or registrar transfer application to FlexiHost, the then-current fees set forth in the FlexiHost price schedule   for such services. FlexiHost will give 30 days’ notice (by publication on our website) of any alteration to the price schedule.

2.2.15    All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. FlexiHost reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.

2.2.16    Your domain name application, renewal application, or registrar transfer request will not be submitted to the applicable registry unless we receive actual payment of the registration, renewal, or transfer fee.

 2.2.17    In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the registration, renewal, or registrar transfer fee, you acknowledge and agree that the registration shall be transferred to FlexiHost as the entity that has paid the registration, renewal or transfer fee for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion and subject to our receipt of the applicable registration, renewal of transfer fee and our then current reinstatement fee, currently set at NZ$50.00.

 2.2.18    The Registrant contact for a domain name along with the Billing Contact for the account will be notified (by email) at least twice before a renewal fee is due and once after the domain name expiry . Therefore, it is vitally important for email contact details to be correct. Customers can use the My Account facility at FlexiHost to update details if required. The renewal notification will contain a link to a payment page where your domain name can be renewed by credit card, direct credit or cheque payment. FlexiHost will not be liable for any failure to renew a domain name where you have not maintained your correct contact details.  The renewal notification email will be sent from accounts@flexihost.co.nz so we recommend that you set this email address as a ‘safe sender’ to avoid notification emails being blocked by spam filtering software.

2.2.19    Failure to renew your domain name(s) will result in the domain name(s) being cancelled. This will cause any email and website hosting services to cease operating.

 2.2.20    Cancelled domain names will be transferred to a holding pool for a period of 30 days. During this 30 day, period the current Name Holder can reactivate the name by paying any outstanding renewal fees. If reactivation by the current Name Holder does not occur within 30 days of cancellation then additional fees will apply to redeem the domain name or redeeming may not be possible. The fees to restore a domain name from Redemption Period depend on the relevant gTLD and Registrar, and can be found on the Registrar Terms and Conditions pages referred to above.

 2.2.21    If a claim is made or threatened against us by any third party, we may immediately cancel or suspend registration or refuse any request for service unless in our sole discretion we are satisfied that the claim is wholly without merit or you provide us with sufficient security (in our discretion) to protect and indemnify us against that claim. Any cancellation, supervision or refusal by us under this clause does not give you any right to claim damages compensation or any losses of any nature from us.

 2.2.22    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:

a) The Registry and any other entity we are in any business relationship with;

b) Every officer, employee, contractor, agent of us or any entity in clause 9;

c) 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 (if any) under the Consumer Guarantees Act 1993.

To the extent that you are using our services for a business or business purposes you agree that the Consumer Guarantees Act 1993 does not apply.

 2.2.23    Unless we otherwise agree in writing, these terms and conditions contain all the terms of our relationship and continue 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 14 says otherwise. To that extent legally permitted:

a) All our services are provided under New Zealand law;

b) 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;

c) Except as otherwise stated, you may take action against us only in a New Zealand Court;

d) 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.

 2.2.24.    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 2.2.21 then this clause applies.

 2.2.25    We may end the agreement for any other reason by giving you one month's notice.

 

3.0 Non Domain Name Terms and Conditions

Web Site Hosting and Email

3.1 We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.

3.2 You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.

3.3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:

3.3.1 You will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party; nor will you authorize or permit any other person to do so.

3.3.2 You will not post, link to or transmit:

( a. ) Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by FlexiHost in any way.

( b. ) Any material containing a virus or other hostile computer program.

( c. ) Any material which constitutes, or encourages the commission of a criminal offence, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

3.3.3 You will not send bulk email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our network using bulk email.

3.3.4 You will not employ programs which consume excessive system resources including, but not limited to, processor cycles and memory. We do not host IRC, IRC bots, or other server resource intensive programs.

3.3.5 If you surpass your allotted disk/bandwidth usage as set forth in your purchased plan, you agree to purchase the excess in blocks as set forth in our "plans" section. Such payment to be immediate and non-disputable.

 3.4 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Underage Adult, Pornographic, or Copyrighted MP3 content.

3.4.1 We reserve the right to shift sites using excessive bandwidth to offshore servers where traffic is not a problem. We will contact you in regard to this if your account becomes an issue. This includes Video, Audio, File downloads available from your site.

 3.5 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or other security information.

 3.6 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.

 3.7 Members utilizing free hosting shall exclude themselves from promotions offered and afforded to paying Members.

3.7.1 Members utilizing free hosting shall display a banner as supplied by FlexiHost.

 3.8 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

 3.8.1 Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A Member shall not use another site's mail server to relay mail without the express permission of the site.

3.8.2 It is contrary to FlexiHost policy for Members to use our servers to effect or participate in any of the following activities:

To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list.

To send mass e-mailings; whether unsolicited, opt-in, or otherwise.

 To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a FlexiHost provided server, or using a FlexiHost provided server as a mail drop for responses.

To falsify user information provided to FlexiHost or to other users of the service in connection with use of a FlexiHost service.

3.8.2 ( a ) Consequences of Violation: When FlexiHost becomes aware of an alleged violation of its Acceptable Use Policy, FlexiHost will initiate an investigation. During the investigation FlexiHost may restrict Member's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, FlexiHost may, at its sole discretion, restrict, suspend, or terminate Member's account and/or pursue other civil remedies. If such violation is a criminal offense, FlexiHost will notify the appropriate law enforcement department of such violation.

3.8.2 ( b ) You shall be held liable for any and all costs incurred by FlexiHost as a result of your violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations. FlexiHost 's current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one (1) hour charge, plus US $1 for each bulk-email or Usenet message sent, plus US $1 per complaint received. Server maintenance fees of $85 per hour.

3.8.3 FlexiHost does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

 

3.9 Any access to other networks connected to FlexiHost must comply with the rules appropriate for those other networks.

 

3.10 While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

 

3.11 You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services.

 4. Service Availability

 

4.1 We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.

 4.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is expected to last for more than 7 days you will be notified of the reason. As a reseller or sub-client, it is your responsibility to take care of backup for sites that may be yours or ones under you. We also reserve the right to disallow services/hosting to any client as we feel necessary and hold no liability. Also, please note that we do not offer any sort of compensation on our network uptime guarantee.

 4.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

5. Payment

 

5.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of prepayment.

 

5.2 Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorize FlexiHost to debit your account renewal fees from your card.

 5.3 All payments must be in NZ Dollars.

 5.4 If your cheque is returned by the bank as unpaid for any reason, you will be liable for a "returned cheque" charge of $45.

 5.5 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.

 5.6 Chargeback’s - By signing up to FlexiHost the customer has agreed that they will not imitate a chargeback to their credit card company. Creating a chargeback against FlexiHost will result in cancellation of the customer’s account. All additional charges incurred by FlexiHost will be subject to collection proceedings for the full amount plus the chargeback fee and any other damages incurred by the account holder’s actions. Any chargeback incurred will automatically assume the customer is involved in fraudulent activities.

 5.7 FlexiHost relies on a prepaid billing system, whereby the account must be paid prior to services being provided. If the account balance is low or in debit, the customer will be notified of this. Customers’ accounts need to be kept up to date, if you get behind more than 1 months service the account will enter the suspension process. Suspended accounts have up to a further 4 weeks till any domains/websites are forfeited to FlexiHost. Any forfeited domain/sites will become the property of FlexiHost and will be disposed of at managements discretion.

6. Termination

 6.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

 6.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

 6.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.

 6.4 No refunds will be made for Services suspended in accordance with 5.1, 5.2 and

6.5 We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will a be entitled pro rata refund based upon the remaining period of membership.

6.6 You may cancel the Services at any time by logging into the Ticket Desk

6.7 During the first 30 days of Services, you are entitled to a refund of fees paid with the exclusion of domain name registration, dedicated server, data transfer fees, and excessive support requests should you decide to cancel the Services for just cause. FlexiHost shall be the sole arbitrator as to the validity of your claim of just cause. And will subtract the aforementioned fees from any monies due you.

6.7.1 During the first fourteen days of service you are entitled to a full, no questions asked refund excluding as set forth in sections 5.7, 5.7.2, 5.7.3, and 12.5; as well as exclusions listed in section 2 above. For the remaining time your refund will be prorated and factored at the full discretion of Flexihost.

6.7.2 Partner Plans (Resellers) are eligible for above refund minus usage fees; if such use has been deemed excessive at the discretion of Flexihost. Such accounts are often more resource intensive than standard shared hosting accounts and, therefore, do not qualify under our standard 30-day guarantee details.

6.7.3 You will not be entitled to a refund on this basis if you have previously had an account with FlexiHost under any plan or service.

6.7.4 Allow 30 (thirty) days for refund payments to process. If you have not received refund within this time allotment; please contact us.

 6.8 Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.

 6.9 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.

Indemnity

 

6.10 You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

7. Limitation of Liability

 

7.1 All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause.

 7.2 Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence.

 7.3 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim.

 7.4 In any event no claim shall be brought unless you have notified us of the claim within one year of it arising.

 7.5 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

 7.6 You are responsible for monitoring Bandwidth and Disk space usage of your site. This is easily done from your Control Panel. If you go over the amount indicated in your current plan; you will assess a surcharge as set forth in our pricing structure.

 8. Notices

 

8.1 Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

 9. Support

 

9.1 On our site you will find links to all the information to get your web site up and running. All information pertaining to your account should have been included in the Welcome Letter you received when we created your account. If you did not receive a welcome letter email, please contact our Support Team. There are several reasons an email may not reach you; first and foremost is if the domain you have contracted services for is the same domain your welcome email was sent to.

 

9.2 The support feature of our service at present time consists of our Support System solving server related problems only.

9.2.1 If you require support for your scripting, there are several online tutorials available we can help you find. You may purchase our technicians' services at the rate of $80  per hour, with one half hour minimum billed. We reserve the right to wave this fee at any time.

 

9.3 Support can only be addressed in English through our Support System.

 9.4 All Support requests are to be processed through our Support System. Any other request for support, except as noted in Section 9.5, will be considered a breach of our TOS.

 9.5 In the event of a server outage or other such emergency, you are free to contact us in any manner.

 10.Law

 

10.1 This Agreement shall be governed by and construed in accordance with New Zealand law. You hereby submit to the non-exclusive jurisdiction of the New Zealand courts.

11. Headings

 

11.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

 

12. Torturous Conduct

 

12.1 No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

 12.2 Any abuse towards any FlexiHost employee will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing FlexiHost or utilizing the Ticket Desk Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at FlexiHost or its employees shall be considered a violation of this TOS.

 12.3 Any threat; whether verbally, orally, written, or delivered by second parties directed towards FlexiHost or any of its employees, partners, equipment, and concerns shall be construed as a violation of this TOS.

 12.4 Any conduct viewed as violating this section shall be considered a violation of this TOS. FlexiHost will be the sole arbitrator in regard to what is deemed a violation.

 

12.5 No refunds shall be given when the contents of this section necessitate removal of the account.

 

13. Cancellation of Services

 

13.1 You may cancel the Services at any time by logging into the Ticket Desk Support System (for verification) and requesting cancellation of services.

 

14. Entire Agreement

 

14.1 These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

14.2 FlexiHost reserves the right to amend these TOS at any time.

14.3 It is your responsibility to check these Terms of Service on occasion for any such amendments.

 This document was last updated on 12th May 2017