USAGE TERMS:

Hosted Content

All website hosting services provided by Digital Waves Limited may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any New Zealand law is prohibited. This includes, but is not limited to, copyrighted material, material we judge to be threatening, obscene, libelous or defamatory or, material protected by trade secrets and other statutes. All material hosted on a Digital Waves server must be suitable for viewing by persons of all ages. Digital Waves Limited will be the sole arbiter as to what constitutes a violation of this condition. Material deemed to be in violation of this condition may be removed and the Customer's account terminated without prior notice. We provide unlimited traffic to your site and any very high traffic sites excluded.

Note: Pornography and sex-related merchandising are prohibited on any Digital Waves server. Digital Waves will be the sole arbiter as to what constitutes a violation of this provision.

Note: Spamming, or the sending of unsolicited email, from a Digital Waves server or using an email address that is maintained on a Digital Waves machine is STRICTLY prohibited. Digital Waves will be the sole arbiter as to what constitutes a violation of this provision.


Restrictive Use
The following are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice to the Customer. 1. The Customer shall not resell, hire, transfer ownership, assign or otherwise dispose of the Service without the prior written approval of Digital Waves Limited. 2. The Customer shall not employ programs which consume excessive CPU time or storage space or resale of access to CGI scripts installed on our servers. 3. The Customer may not use Digital Wave's server to send multiple unsolicited email messages nor may the server be used to store multiple email addresses, in the form of mailing lists or otherwise, without written permission from Digital Waves Limited.


Privacy
Due to the public nature of the Internet, all material submitted by the Customer will be considered publicly accessible. Any private or important information should be treated carefully. Digital Waves Limited does not screen in advance hosted content. Digital Waves Limited's publication of material submitted by the Customer does not create any express or implied approval of such material, nor does it indicate that such material complies with the terms of this Agreement or with any New Zealand law including the Privacy Act.


Indemnity
Digital Waves Limited exercises no control over the content of the information passing through its servers. Digital Waves Limited does not accept responsibility for the content of material and information published by others which is accessible through its servers and does not accept responsibility for the violation of any laws resulting from such publication. Sole responsibility for such violation resides with the Customer. The Customer agrees to defend, indemnify and hold Digital Waves Limited harmless from and against any and all claims, losses, liabilities and expenses (including attorneys' fees) related to or arising out of the services provided under this Agreement, including but not limited to claims made by third parties (including Customer's own clients) related to any false advertising claims, liability claims for products or services sold by the Customer, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by the Customer for publication, but excluding those related to negligence on behalf of Digital Waves Limited. Claims for disruptions, malfunction or non delivery of services provided are limited to the dollar value of one month's service charge.


Security

The Customer agrees to take all steps reasonable, necessary, and prudent to protect the Customer's login IDs, passwords or any other information used to gain access to Digital Waves servers. The Customer agrees not to attempt to undermine or cause harm to any Digital Waves Limited's server or to alter or modify in any way information hosted on behalf of any other Customer.


BILLING TERMS:

Signed contracts may be faxed or mailed. Digital Waves Limited will not accept contracts over the telephone or by electronic mail. Web hosting monthly fees are to be paid in advance. Additional charges such as additional disk space, data transfer, multimedia contents ( MPG video, AVI, MP3 and other video and audio formats), site statistics, etc., that are not included in the monthly fee will show in the following month's account, if applicable. Accounts must be paid within 7 days of invoice date. If account remains unpaid 14 days after invoice date we reserve the right to suspend Customer's FTP (File Transfer Protocol) access. If account remains unpaid 28 days after date of invoice we reserve the right to shut down Customer's website. Charges will continue to accrue on the account unless notification of termination is received. All charges must be met before service is reinstated. Customer will be notified at least 30 days prior to change in rates.

Termination

Either party may terminate this Agreement with a 30 day written notice unless Customer has agreed to use service for a specified period of time. Termination notice must be faxed or, mailed. Digital Waves Limited will not accept terminations by electronic mail or over the telephone. Notwithstanding the above, Digital Waves Limited may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with the terms of the Agreement, including non-payment. Digital Waves Limited reserves the right to charge a reinstatement fee.

Special Term Free web design offer - If you are on the free web design offer or any other offers we provide at times, then you are agreeing to host your website with Digital Waves for at least a period of 24 months from the date of joining or subscribing. If this period is not completed, an early disconnection penalty fee will apply.

Contract Revisions
Revisions to this Contract will be applicable to previous Contracts. Continued use of Digital Waves Limited's services will be seen as acceptance of any and all contract revisions. Current Terms & Conditions are available from the following address: http://www.digitalwaves.co.nz.

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