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Web Wide Hosting provides web hosting, dedicated servers and other internet services to many clients, and we have the responsibility of protecting each of our clients and to provide the best services available. These have been based around years of experience in the industry and we have made sure that any standard account should have no problems in following them.

The company Web Wide Hosting refers to all accounts under the Web Wide Hosting name as well as all subsidiaries. This document is designed to provide the basic information about what is allowed/disallowed on specific packages. However, with changing technology this list and document may need to be amended at any time and therefore Web Wide Hosting reserves the right to amend this document at any time without notice and all customers are required to follow the current AUP documents and not those shown on sign-up.

If you have any comments, suggestions or need to report abuse of these policies please e-mail abuse@Web Wide Hosting.com.

Content:

All services provided by Web Wide Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any New Zealand, Australia, UK or US law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Web Wide Hosting and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.

Web Wide Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Backups:

The user agrees that they will keep backups of their sites on their computers, Web Wide Hosting accepts no responsibility for loss of data. The end user is responsible for making sure they have up to date site files saved offline. While Web Wide Hosting may have backups available, they cannot be guaranteed and therefore all customers MUST make backups regularly.

Commercial Advertising - Email:

Spamming, or the sending of unsolicited email, from a Site or using an email address or domain that is maintained on a Web Wide Hosting machine as a reference is STRICTLY prohibited. Accounts in violation of our spamming policy WILL BE DELETED WITHOUT NOTICE. Web Wide Hosting will be the sole arbiter as to what constitutes a violation of this provision. All mailing lists should be double opt-in. This means when users on a clients site give said client their e-mail address the user should also have to verify it through e-mail afterwards before anymore mail is sent. This prevents us being listed in spam databases. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Web Wide Hosting whether or not the message actually originated from our network.

Spamvertised Sites:

Hosting websites advertised by spam sent from another network is not permitted unless proof can be given that Customer was not at all involved in the incident.

Mailing Lists

Senders must maintain complete and accurate records of all opt-ins and provide these to Web Wide Hosting if requested. If proof cannot be provided then any messages sent to subscriber will be deemed as UCE. An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

Block Removal

If Customer actions have caused Web Wide Hosting mail servers or Web Wide Hosting IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the internet, Customer will be assessed a $250.00NZ charge to Customer account and $250.00NZ per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

Hosting Accounts Scripts:

Certain scripts have been found to negatively impact our hosting servers and other customers using those shared servers. Thus, the following scripts are banned from being run on any hosting account:

• CGI/Perl Based Forums
  - YaBB CGI and PHP Versions
  - Topsites Scripts
  - 4Images
  - FormMail (CGI versions)
  
  If a script of this type is found to be running and monopolizing resources either the script or the account will be disabled until communication with Customer can be established.
  
  Chat Rooms:
  
  We usually do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. CGI Chat rooms are absolutely prohibited in all situations. Should you require a chat room, it must be in the JAVA language, and it must be approved by Web Wide Hosting. Java clients to connect to irc rooms are fine (eg. JIRC) however, php or cgi chat clients are banned. Habbo style chatting scripts are also banned due to the intensity of them and the server resources they use.
  
  Background Running Programs:
  
  Programs running in the background such as CRON tasks will be considered on a case by case basis. While we have the ability for you to add/edit/remove scheduled tasks using our control panel, if we find they are using up too many server resources or processes we have the power to disable them without notice and then not re-enable them until the problem has been discussed with the customer.
  
  IRC:
  
  Hosting Accounts:
  
  We currently do not allow IRC or IRC bots to be operated on our servers. These include Eggdrop bots and TCL scripts. These can be in the form of PHP, ASP and java based bots.
  
  Dedicated Server Accounts:
  
  The use of IRC of any type or nature is prohibited unless has been arranged with company beforehand.
  
  Server Abuse:
  
  Any attempt to undermine or cause harm to a server, or customer, of Web Wide Hosting is strictly prohibited. These attempts can include DOS attacks or hacking. Any domain found to be attempting to snoop, view, edit or remove files outside of their own domain folders may be immediately disabled until the issue has been investigated.

  Refusal of Service:
  
  We reserve the right to refuse, cancel, or suspend service at our sole discretion. We don't often do this, only in the event of an out of control script, failure to pay or Web Wide Hosting not being able to contact the site owner in the event of such problems as those listed above and below.
  
  File sharing:
  
  The use of Peer to Peer or File Sharing software on any account is strictly prohibited unless it can be proved that the use of it is completely legal. Use of this software for illegal purposes could result in service being disabled until investigation has taken pace.
  
  Domain Names:
  
  You agree to the UDRP (http://www.icann.org/udrp/) if you register your gTLD domain through us. If a Chargeback is received on a domain purchase, then control of domain will be given fully to Web Wide Hosting until a satisfactory resolution can be reached.
  
  Illegal use:
  
  Web Wide Hosting's services may not be used for illegal purposes, or in support of illegal activities. Web Wide Hosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
  
  Harm to minors:
  
  Use of the Web Wide Hosting service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography or child abuse, will result in immediate account suspension and notification to the appropriate auhorities.
  
  Threats:
  
  Use of the Web Wide Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
  
  Harassment:
  
  Use of the Web Wide Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
  
  Fraudulent activity:
  
  Use of Web Wide Hosting service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters." This also Includes sending this data via e-mail such as Phishing.
  
  Forgery or impersonation:
  
  Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Setting up proxies and using them on your account is prohibited.
  
  Unauthorized access:
  
  Use of the Web Wide Hosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Web Wide Hosting's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Web Wide Hosting account is subject to immediate termination.
  
  Copyright or trademark infringement:
  
  Use of the Web Wide Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
  
  Collection of personal data:
  
  Use of the Web Wide Hosting service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. This can include e-mail addresses, IP addresses and any other information that could be used to personally identify them.
  
  Use of Resources:
  
  If package limits are reached Web Wide Hosting reserves the right to charge customers account for all fees due and previously agreed to.
  
  HOSTING POLICY:
  
  Web Wide Hosting reserves the right to disable services temporarily for sites which are affecting server performance for the server and other customers on the server by means of memory, processor time, disk space or bandwidth utilisation. If this happens repeatedly Web Wide Hosting may request customer moves to a higher level account, dedicated server or the content of the domain be removed which uses up so much of the resources.
  
  Network disruptions and unfriendly activity:
  
  Use of the Web Wide Hosting service for any activity which affects the ability of other people or systems to use Web Wide Hosting Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Web Wide Hosting will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
  
  Fraud:
  
  Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
  
  Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right:
  
  Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. If a complaint is made against a domain we will investigate within 24 hours and if we feel it is necessary may disable it until communication with the domain owner has been established.
  
  Distribution of Viruses:
  
  Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offence will result in the immediate termination of the offending account.
  
  Adult Content:
  
  Legal Adult content may be accepted on dedicated and managed server accounts. Contact us first to establish if you will be allowed adult content on your server. Adult content is in no way accepted on our hosting packages and those found hosting it will be disabled until further investigation and removal of the offending content has taken place.
  
  IP Allocation:
  
  Customers should only use IP Addresses assigned to them by Web Wide Hosting. Any server or hosting account using IP Addresses not given to them by NOC staff may be disconnected or suspended until IP overlap can be investigated. Use of an unauthorized IP address will result in a charge of $200.00 NZ per IP per day. Use of an unauthorized IP address creating a third party Customer outage will result in a $250.00 NZ charge and termination of service until the IP allocation is resolved.
  
  Reseller policy:
  
  Resellers are responsible for their customers and their customers should be made aware of the AUP so consequences of breaking it are understood. If a reseller's customer is found to be breaking AUP and a charge is made the reseller will be charged and has the responsibility of making payment of the charge. The reseller may on-charge the offending customer if they so wish to recover the charge.
  
  Usenet Policy:
  
  Usenet posts must conform to internet standards.
  
  Prohibited acts include -
  
  - Posting of articles/URLS for commercial purposes except where clearly allowed.
  - Excessive cross-posting or multi-posting
  - Using auto-responders or cancel bots
  - Unauthorized creation, cancellation or removal of newsgroups
  - Cancellation of posts other than Customers own
  
  Internet Etiquette:
  
  Each Customer is expected execute reasonable Internet etiquette (Netiquette), the accepted behavior and expectations of the Internet community. The Customer will comply with the rules appropriate to any network to which Web Wide Hosting may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer is not permitted to post any material that is illegal, libelous, and tortuous, indecently depicts children or is likely to result in retaliation against Web Wide Hosting by offended users. Web Wide Hosting reserves the right to refuse or terminate service at any time for violation of this section. This includes advertising services or sites via IRC or USENET in clear violation of the policies of the IRC channel or USENET group.
  
  Customer Security Obligation:
  
  Each Customer must use reasonable care in keeping each server or network devices attached to Web Wide Hosting infrastructure up-to-date and patched with the latest security updates. Failure to use reasonable care to protect a server may result in a security compromise by outside sources. Web Wide Hosting is not responsible for Customer server level security unless a security administration package, firewall security administration package or fully managed operating system package is contracted for and maintained. A compromised server creating network interference will result in immediate Customer notification and will be disconnected from the network immediately so as to not directly affect other Customers. No service credits will be issued for outages resulting from disconnection due directly to breached server security. The Customer is solely responsible for any breaches of security affecting servers under Customer control, including repairing the system, terminating the account(s) of the abusive user(s), and reporting occurrence of the issue to abuse@Web-Wide-Hosting.co.nz. If a Customer intentionally creates a security breach, the cost to resolve any damage to Customer's server or other servers will be charged directly to the Customer. The labor used to resolve such damage is categorized as emergency security breach recovery and is currently charged at $250.00 NZ per hour.
  
  It is Customers responsibility for keeping their account passwords with Web Wide Hosting secure and sharing it with unauthorized users is prohibited. Any actions by sub-users of the account will be the responsibility of the main account holder. Users who violate system or network security including, but not limited to, attempting to circumvent security of any network or host, attempting to interfere with service by use of flooding, DDoS or DoS may incur civil or criminal liability.
  
  LIMITATION OF LIABILITY:
  
  Web Wide Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Web Wide Hosting servers going off-line or being unavailable for any reason whatsoever. Furthermore, Web Wide Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Web Wide Hosting servers. All damages shall be limited to the immediate termination of service.
  
  Violations of these Acceptable Uses Policies should be referred to abuse@Web-Wide-Hosting.co.nz
  
  All complaints will be investigated promptly.
  
  Failure to follow any term or condition will be grounds for immediate account deactivation.
  
  DISCLAIMER:
  
  Web Wide Hosting cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Web Wide Hosting are resold. Thus, certain equipment, routing, software, and programming used by Web Wide Hosting may not be directly owned or written by Web Wide Hosting. Moreover, Web Wide Hosting holds no responsibility for the use of our clients accounts. If any terms or conditions fail to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Web Wide Hosting sees fit.
  
  

VIOLATIONS OF ACCEPTABLE USE POLICY:

Web Wide Hosting will take any one or more of the following actions on notification of violation of AUP, these may change depending on severity of situation, timeframe of notification given and previous violations:

- Issue written or verbal warnings via e-mail, support issue, telephone call, mail
- Disable access to service temporarily for Customer
- Terminate customer's service
- Remove violating content
- Remove DNS for account
- Block outgoing e-mail

REPEAT VIOLATIONS:

If violation happens repeatedly service will be terminated with no refund given and a $250.00NZ fee will be accessed to customer for time taken to investigate all violations.

NOTICE:

If you sign up for an account and do not follow our terms. No refunds will be given. We will however let you know by email or phone before any action is taken and you will be given the opportunity to resolve the matter.

Web Wide Hosting retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

Terms of Service

The company Web Wide Hosting refers to all accounts under the Web Wide Hosting name as well as all subsidiaries. This document is designed to provide specific information about service and terms accepted once sign-up has been completed.

ACCEPTANCE OF AGREED TERMS

Use of service constitutes acceptance and agreement to Web Wide Hosting Terms of Service, Acceptable Use Policy, Privacy Policy, Guarantees Policy, Domains Policy and Management Policy. Once above mentioned documents have been agreed to Web Wide Hosting agrees to furnish services to client. Any of the above mentioned documents may be changed at any time without notification to client.

SERVICE RATES

Clients agree that they are bound by the service term specified on account order form as well as the rates specified on order forms. Charges will be made immediately after order form is submitted and then service will be made available within 48 hours after payment has been verified.

PAYMENT

Client agrees to pay for all services rendered in advance of each monthly term. Client agrees to pay the full sum on due date each month and payment cannot be made then a 15 day grace period is given to make the payment before account is suspended. If account is suspended a $10NZ late fee will be charged to have it re-activated or it will be removed off of our servers within 30 days with no backups being made.

REFUNDS AND FEES

Unless 30 day money back guarantee is made clearly visible when signing up for an account, no refunds will be given on monthly, yearly or one-time setup fees. Under no circumstances does the 30 day money back guarantee cover one-time or setup fees of any kind.

ACCOUNT CANCELLATION

All account cancellation requests must be submitted via the helpdesk. Cancellation requests will be handled within 24 hours.

IMPORTANT: A Cancellation request MUST be made AT LEAST 7 days before the next renew date or else service WILL NOT be cancelled until the following month. This policy ESPECIALLY applies to dedicated servers because we are unable to refund the next months payment under any circumstances.

Chargebacks will result in the immediate deletion of any and all accounts held by the credit card holder issuing the chargeback. There is a $250.00 NZ administrative fee for any illegitimate chargebacks placed against us. Any illegitimate chargebacks or threatened illegitimate chargebacks are grounds for immediate account cancellation.

NATURE OF SERVICE PROVISION

While Web Wide Hosting will do our best to keep downtime to a very minimum and maintain our guarantees. In the changing world of technology many things can happen and therefore Web Wide Hosting cannot be held responsible for any downtime or service outage, and therefore cannot be held responsible for any damages incurred by the customer. While we do issue service credits for downtime as decided on a case by case basis by Web Wide Hosting this is as far as our responsibility for any downtime goes. In no event shall the company be liable for any special or consequential damages, loss or injury.

DOMAINS

When registering a domain, it takes up to 48 hours to fully register and propagate to our servers and it may take longer depending on when DNS is updated. Customer knows and agrees to this.

AGREEMENT BY THIRD PARTIES

If customer is reselling this service to a third party, Customer must ensure that third party has also agreed to a copy of our Terms and Conditions and Acceptable Use Policies and we recommend that Customer creates their own stricter version since Customer is responsible for all actions made by the third party while using our services.

ACCOUNT OWNERSHIP

The Customer who is paying for the package owns it. Therefore, if a change is needed the Customer must authorise it and we will not listen to anybody but the Company. If a third party requests, for instance, a password change or a server reboot, it will be refused until authorisation is obtained from the Customer.

IMDEMNIFICATION

Web Wide Hosting wishes to emphasize that in agreeing to the Web Wide Hosting Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Web Wide Hosting for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Web Wide Hosting or the bringing of any claim against Web Wide Hosting by any third-party. This means that if Web Wide Hosting is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Web Wide Hosting, plus all costs and attorney's fees.

DENIAL OF SERVICE

We reserve the right to refuse service to anyone at any time for any reason.

SUPPORT

Web Wide Hosting accounts are classified as user self-supported accounts. Web Wide hosting will provide basic Support and maintain our guarantees around the basic provision of service only. We do not provide end-user support for accounts. Should any problems occur, Web Wide Hosting are not responsible for any damages, data corruption or removal of your files or services.

Limitation on Company Liability shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any

(i) weather conditions, natural disasters or other acts of God,
(ii) action of any governmental or military authority,
(iii) failure caused by telecommunication or other Internet provider, or
(iv) other force or occurrence beyond its control.

The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement.

WEB WIDE HOSTING SHALL NOT BE LIABLE FOR

(i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY'S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR
(ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.

WEB WIDE HOSTING PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WEB WIDE HOSTING DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.

LAWS

Customer agrees not to engage in activity that violates New Zealand, United States, United Kingdom or Australian laws applicable to the service terms described herein.

FINAL PROVISIONS

A waiver by Web Wide Hosting of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of Web Wide Hosting. Web Wide Hosting may assign Agreement at anytime without consent from or notice to Subscriber. Web Wide Hosting reserves right to cancel customers rights under this contract at anytime without further obligation.

Web Wide Hosting takes no responsibility for any material input by others and not posted to the Web Wide Hosting Network by Web Wide Hosting. Web Wide Hosting is not responsible for the content of any other websites linked to the Web Wide Hosting Network; links are provided as Internet navigation tools only. Web Wide Hosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

Web Wide Hosting is not responsible for any damages your business may suffer. Web Wide Hosting does not make implied or written warranties for any of our services. Web Wide Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Web Wide Hosting.