Acceptable use

Illegal content or activities

Not allowed!

Unsolicited emailing

Not a chance!

IRC servers

Not permitted on our network

Peer-to-peer applications

Not permitted on our network

Proxy services

Not permitted on our network

Adult content

Fine as long it compiles with local regulations and copyright

 

We reserve the right to make decisions concerning our Acceptable Use policy on a case by case basis. For any further clarifications please contact us.

Terms of service

Introduction

affinity.net.nz Ltd (“Company”) provides virtual servers subject to the following terms and services. Use of affinity.net.nz's services constitutes acceptance and agreement to the Acceptable Use Policy (AUP) and Terms of Service. The purchaser (“Subscriber”) is fully responsible for all services provided to them from the Company and is liable for any charges as a result of misuse or failure to follow the specified policies.

Disclosure to Law Enforcement

The AUP prohibits the use of our service for illegal activity. Therefore, the Subscriber agrees that the Company may disclose any and all information to any law enforcement agency who makes a written request without further consent or notification to the Subscriber.

Service Rates

The Subscriber acknowledges and agrees that the nature of the service and charges have been communicated to them prior to their sign up and during their service. The Subscriber is aware that the Company may prospectively change the specified rates and charges from time-to-time. The Company will advise the Subscribe of any rate changes to their subscribed service(s) at least one calendar month in adavance of them taking effect.

Payment

Establishment of this service is dependent upon receipt by the Company of all due charges. Subsequent payments are due on the first (1st) day of the next unpaid month of service. Accounts not paid within three (3) working days of the due date will be subject to a $20 late payment fee. Service will be interrupted on accounts that are past due through suspension or termination. Such termination or suspension will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any applicable collection fees. The Subscriber accepts that providing on time payment to the company is their responsibility, and agree that the Company is not liable for any damages caused by interruption or termination of Service. In the event that the Subscriber fails to provide payment within ten (10) working days of due date, the Company may enlist the help of a third party collections agency and refer any due funds to them.

Cancellation of Service

The Company strives to make it easy for the Subscriber to cancel their Service. Any and all Services can be cancelled using the "Request Cancellation" administrative function within the Company web control interface. Service will be automatically cancelled at the end of the paid billing month. Any outstanding or pending Service fees will be automatically charged at this point. In order for cancellation to succeed, the Subscriber must have paid all outstanding invoices to the Company. The Customer acknowledges that cancellation will result in all data stored on the cancelled service(s) being permanently erased.

SPAM and Unsolicited Commercial Email

The Company takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of the Subscriber may not use or permit others to use our network to transact in UCE. The Subscriber may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

Violation of the Company's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, the Company will initiate an immediate investigation (within 48 hours of notification). During the investigation, the Company may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy the Company may, at its sole discretion, restrict, suspend or terminate customer's account. Further, the Company reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. The Company will notify law enforcement officials if the violation is believed to be a criminal offense.

Intentional violations of this policy will result an "Administrative Fee" of $500.00 and your account will be reviewed for possible immediate termination.

PLEASE, DO NOT SPAM from your account.

Refund and Disputes

The Company offers a refund period of seven (7) working days whereby the full payment for a Service will be returned to the Subscriber in the event that the Service was deemed unsatisfactory. This is to be agreed between the Subscriber and the Company, and backed with evidence from the Subscriber that the Company failed to rectify any issues to a reasonable level. Any additional software licenses acquired by the Company for the Subscriber are non-refundable. The Company reserves the right to decline a refund at their discretion.

Open or "Anonymous" Proxy

The Company does not permit use of Open or "Anonymous" proxy servers. There are no exceptions to this policy. Violation of this policy may result in account suspension and/or termination.

Notification of Violation

The Company is under no duty to look at the activities of the Subscriber activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. First violation: Any Subscriber which the Company determines to have violated any element of the AUP shall receive an email warning them of the violation. The service may be subject, at the Company's discretion, to a temporary suspension pending the Subscriber's agreement in writing to refrain from any further violations. Subsequent Violation: Any Subscriber which the Company determines to have committed subsequent violations of any element of this AUP shall be subject to immediate suspension or termination of Service(s) without further notice. The Subscriber accepts that the consequences of violations will be decided on a case-by-case basis, and are warned that violations considered to be severe by the Company may result in the termination of Service and possibly an "Administrative Fee" of up to $500.00.

We reserve the right, to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet.

Suspension of Service or Cancellation

The Company reserves the right to suspend network access to any Subscriber if, in the judgment of the Company's network administrators, the Subscriber's services are the source or target of the violation of any of the other terms of the AUP, or for any other reason at the Company's discretion. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Prior notification to the Subscriber is not assured. The Subscriber will not be credited for the time that Service(s) were suspended.

Support Policy

The Company prides itself on providing high-quality and reliable customer support. Their are two classes of support offered: infrastructure support and software support. Infrastructure Support: Covers the availability of Service including physical hardware, physical network connectivity, and to ensure all Services are powered and active. The Company will actively maintain and manage this critical infrastructure and the Subscriber is welcome to request technical assistance for any issues within this support category. Software Support: Covers System Administration and Software Management expertise of any computer program or service that runs within the Subscriber's Service(s). The Company can provide such support at an additional cost. Charges are towards "System Administration Fees" charged at an hourly rate of $100.00 and billed in quarter-hour (15 minute) increments. The Company may provide a work assessment and non-binding quotation at no charge at their discretion. The Company will provides uninterrupted (24/7) service support coverage. Subscribers can expect a Company response to any support request within a maximum of 24 hours.

Indemnification

The Company wishes to emphasise that in agreeing to the Acceptable Use Policy (AUP) and Terms of Service (ToS), the Subscriber indemnifies the Company for any violation that results in loss to the Company or the bringing of any claim against the Company by any third-party. This means that if the Company is sued because of a Subscriber's activity, the Subscriber will be liable for any damages awarded against the Company, plus associated legal fees.

Responsibility for Content

The Subscriber is solely responsible for the content stored on and served using Services from the Company.

Changes to Terms of Service or Acceptable Use Policies

The Company reserves the right to amend its policies at any time. The Subscriber will be held responsible for the actions of themselves or the users of the Service(s) provided. The Company will notify all Subscribers of any changes to the Policies.

Nature of service

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the Subscriber agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. Subscriber further acknowledges that the Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury.

Privacy Policy

The Company believes strongly in protecting the privacy of our Subscribers. The Company will not sell or otherwise provide any information regarding any part of a Subcriber of their Service(s) to external parties, unless according to a bonafide and legally binding request made by the Police or other law-enforcement agency.

 

For any further clarifications please contact us.