Acceptable Use Policy (Service Contract)
User accounts are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your placement of information on Avantgate servers is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions listed below. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information on Avantgate servers.

 

PARTIES

• AVANTGATE, whose registered office is 14a Woodstock Road, Forrest Hill, North Shore City

• CUSTOMER

 

THE AGREEMENT

(A) Customer accounts and information on Avantgate Internet servers are subject to compliance with the terms and conditions set forth below, and any other directives given to the customer.

(B) Under the terms of this Agreement, Customer placement of any information on Avantgate servers is an admission of having read and understood the terms and conditions of this Agreement, and to be bound by the terms and conditions below.

AVANTGATE'S OBLIGATIONS

1. Avantgate, provides online services, and enables its customers to have an online presence for the conduct of their activities.

2. Avantgate will endeavour to provide the highest levels of security and stability on their servers, however:

   1. The services are provided on an "as is" and "as available" basis without warranties of any kind, either expressed or implied in any and all usage of services offered by Avantgate.  Services rendered by Avantgate are subject to change without notice. Any advice or information given by Avantgate or its agents or employees shall not create a warranty.
   2. Avantgate gives no warranty that the service shall be uninterrupted or error free or that any information, software or other materials accessible on its services are free from viruses or other harmful components.
   3. Avantgate shall under no circumstances be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from Customer's use of or inability to use the services, or for third parties' use of the service to access Customer's Web space, or to access the Internet or any part thereof, or any third parties' reliance of or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

3. Avantgate reserves the right to carry out amendments, modifications or replacements where in its opinion they are necessary to remove or amend any material which is or is likely to be construed as being illegal, obscene, threatening, defamatory, discriminatory, promoting illegal or unlawful activity or otherwise objectionable or in violation of any rules, regulations or laws to which the website is subject. Avantgate shall notify the Customer accordingly.

4. Avantgate reserves the right to refuse to carry out amendments, modifications or replacements where in its opinion such amendments, modifications or replacements are or are likely to be construed as being illegal, obscene, threatening, defamatory, discriminatory, promoting illegal or unlawful activity or otherwise objectionable or in violation of any rules, regulations or laws to which the website is subject. Avantgate shall notify the Customer accordingly.

5. Avantgate reserves the right to terminate its service to the Customer and/or to deny access to all or part of the service without notice if the Customer engages in any conduct or activities that Avantgate believes violates any of the terms and conditions in this Agreement. This decision is at Avantgate’s sole discretion.  By accepting these terms and conditions the Customer agrees that it shall have no cause of action for any loss of business/profits or for any damages whatsoever.  Avantgate reserves the right to contact any affected parties regarding the termination of this agreement, including and in addition to Avantgate clients.

CUSTOMER'S OBLIGATIONS

8. Avantgate services shall be used for lawful purposes only. It is strictly prohibited to use any of these services if the use thereof by the Customer violates any laws, rules and/or regulations in any jurisdictions.

9. While using Avantgate services, Customer shall not:

   1. restrict or prevent any other user from using and having such access to the Internet;
   2. post or transmit any material likely to be construed as being illegal, obscene, threatening, abusive, offensive, indecent, libellous, defamatory, discriminatory, promoting illegal or unlawful activity or otherwise objectionable or in violation of any rules, regulations or laws to which the website is subject to, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability;
   3. Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
   4. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by Avantgate of such information, software, or other material);
10. The Customer agrees that as the person legally liable or as the authorized person for use of this account, they comply with the minimum age of 16 years and shall provide Avantgate with a current and truthful name, postal address, telephone number the necessary billing details for its records, and this obligation shall continue throughout the duration of this Agreement.  Avantgate must be notified in writing within three days regarding any changes taking effect.
11. The Customer consents to Avantgate monitoring the services electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers.
12. The Customer unconditionally accepts that by placing information on Avantgate servers that such information becomes available to all Internet users and that Avantgate would not be able to limit or restrict access to such information or protect such information from copyright infringement. Measures can be taken to protect information so that it is available only to some users, but the Customer accepts that no method of information protection is utterly reliable.
13. The Customer undertakes complete responsibility and risk in using Avantgate servers and the Internet, and it shall be the Customer’s sole responsibility:
    1. to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality of all services offered by Avantgate or on the Internet generally.
    2. for files and data residing on Customer accounts and for files and data transferred and to maintain all appropriate backup of files and data stored on Avantgate servers.
    3. to update Avantgate with the latest administrative contact information
14. Customer agrees not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access outside of which the Customer is authorized for, and impairing the availability, reliability, or quality of services for other customers. No Customer may access data or settings that they don't expressly have permission to access, whether they have access or not.
15. Customer shall adhere and comply to system policies whether now or in the future as published online by Avantgate, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service by Avantgate. Verbal or written instructions may also be given directly to the customer. These instructions have equal weight to those published on the internet.
16. Customer accepts that the security of its account is its sole responsibility and shall notify Avantgate immediately in the event the Customer believes that the security of its account has been compromised in any manner. The Customer shall be wholly responsible for any misuse or compromise of its account for which Avantgate had not been properly notified.

PAYMENT

17. Customer shall pay for all services received from Avantgate, one month in advance, except where this is not possible due to unforseen usage. Customer agrees that any setup fees and domain name fees are non-refundable once set-up is completed and that until and unless Avantgate is notified of the cancellation of any or all services received, those services will be billed on a recurring basis. Any bandwidth used over the amount agreed in the contract will be charged on the next billing date. Services not paid for in advance, must be paid within the timeframe stated on the invoice (usually 30 days). Where no timeframe is listed the default is 30 days.
18. In the event of payments being made by credit card, Customer shall accept prepayments to be billed and charged automatically.  However Avantgate agrees that pro-rated refunds for unused time periods shall be provided upon written request, in the event of account termination and the computation of the refund to be made shall be at the sole discretion of Avantgate.
19. If the payments were made by credit card, the Customer admits being an authorized user of any credit card that it supplies to Avantgate and accepts that Avantgate has an obligation to fully investigate any possible fraudulent credit card use as necessary.

 

SUSPENSION/TERMINATION

20. Avantgate shall suspend and/or terminate immediately and without notice in the following situations at its sole discretion:
    1. customer use of Avantgate systems to engage in software piracy or other violations of law;
    2. security violations are believed to have occurred in association with a customer account, pending an investigation and its resolution;
    3. customer has transmitted unsolicited or prohibited advertisement or other materials offensive or illegal through electronic mail, Usenet postings, or other Internet media thorough the use of Avantgate or any other service with reference to services obtained through Avantgate, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming";
    4. use of any material which is or is likely to be construed as being illegal, obscene, threatening, defamatory, discriminatory, promoting illegal or unlawful activity or otherwise objectionable or in violation of any rules regulations or laws to which the website is subject.
    5. customer non-payment
21. In any of the above situations Avantgate shall notify the appropriate authorities accordingly and release all information to the appropriate authorities even if such information is confidential or received confidentially.  In pursuance thereof cooperate in any government or legal investigation regarding any aspect of services rendered or sold to the Customer.
22. In any of the above situations Avantgate shall not be liable for any damages, expenses and/or loss of business/profits costs howsoever caused to the Customer by the decision taken by Avantgate to suspend or terminate the Customer's accounts with Avantgate.
23. In the event Customer is dissatisfied with Avantgate services or any of its terms, conditions, rules, policies, guidelines, or practices; and is not content with Avantgate's proffered resolution, your sole and exclusive solution is to discontinue/terminate the service and such refunds if any to be made by Avantgate to the Customer shall at the sole discretion of Avantgate.

 

GENERAL PROVISIONS

24. Avantgate is under no obligation to notify any third-party provider of services, merchandise, or information, nor any liability for any consequences resulting from such discontinuance or lack of notification. However Avantgate may do so if in its discretion it considers it necessary. Furthermore, it is the sole responsibility of Customer to notify Avantgate of any changes in mailing address, phone numbers, email address, billing details or any other necessary contact information. Failure to notify Avantgate of such changes may affect Avantgate’s ability to communicate with or notify Customer of important information that may in turn result in the loss of Customer's domain name(s) or suspension or termination of Customer's account. It is the sole responsibility of Customer to ensure that such changes/updates have been received by Avantgate.
25. This Agreement supersedes all prior agreements, arrangements and understandings whether written, electronic or oral between Avantgate and their customers and constitutes the entire agreement between the parties relating to the subject matter herein.
26. Notwithstanding that the whole or any part of the clauses in this Agreement may prove to be invalid or unenforceable, all other clauses of this Agreement and the remainder and parts of the clauses in question shall remain in full force and effect and the invalidated or the unenforceable parts of the clauses shall be read and applied in a manner as to render it valid and enforceable in accordance with the laws of New Zealand.
27. This Agreement shall be interpreted and enforced in accordance with the applicable laws of New Zealand. Customer agrees that all services provided by Avantgate shall be deemed to have been provided in New Zealand.
28. Any notice or communication under or in connection with the Agreement shall be in writing and shall be delivered by way of post, e-mail or facsimile to the Customer's supplied address.
29. Proof of posting or dispatch of any notice or communication to a party shall be deemed to the proof of receipt:
    1. in the case of a letter posted in New Zealand on the 7th working day after posting;
    2. in the case of facsimile when confirmed by a transmission with zero errors;
    3. in the case of e-mail where such-mail has been sent to the address supplied by the Customer.
30. The Customer shall indemnify, defend and hold harmless Avantgate from any and all liability, penalties, losses, damages, costs on a solicitor and client basis, expenses, attorneys' fees of whatever nature arising out of or in connection with any claim or action made against Avantgate caused by or resulting directly or indirectly from the use of the services herein without any limitation or exception or from the conduct of the Customer. This indemnification agreement extends to all issues associated with your account, including but not limited to domain name selection and website content.