Hosting Terms & Conditions
These Terms and Conditions are an agreement between you (The Client) and go FORWARD (the Company), which provides Web hosting services via a third party Provider (Our Provider).
Your agreement to be bound by these Terms and Conditions is acknowledged by your use of and payment of the Company Services, Support Services and/or any software made available to you by the Company.
Hosting Services includes but is not limited to the following services:
- Website Hosting
- Email Hosting
- Domain Names Registrations
- Related add-ons to the above products/services
Annual Billing Agreement
- The minimum term of an annual billing agreement for provision of Hosting Services is 12 months, renewable annually for further periods of 12 months.
- Provided payment of the renewal fee is made prior to the expiration of the existing agreement, supply of your Hosting Services will roll over without disturbance.
- Renewal notices by way of an invoice will be issued by email approximately 60 days prior to expiration of your 12 month agreement.
- Payment of renewal can be made at any time in or prior to the expiration of the 12 month agreement you are renewing.
- Payment received in the 60-day period does not change the expiration/anniversary date, which remains 12 months from the date of initial commencement of services.
- If payment of the renewal fee is not received by 14 days after expiration date, your Hosting Services will be automatically terminated.
- You may cancel your annual Hosting Services at any time by advising the Company via email that you wish to do so. In this case, no refund will be given for Hosting Services that have been prepaid.
Monthly Billing Agreement
- The minimum term of a monthly billing agreement for provision of Hosting Services is 12 months. After the initial 12 month agreement, your Hosting Services agreement will change to a month by month agreement.
- After your initial 12 month agreement, you can cancel your Hosting Services agreement by giving 30 days notice to the Company in writing. Your Hosting Services will be terminated 5 days after your agreement has expired.
- The Company will issue an invoice on the 1st calendar day of each month. Provided payment of the invoice is made prior to 14 days after the date of the invoice, supply of your Hosting Services will continue without disturbance.
- If payment of your monthly invoice is not received by 30 days after the date of the invoice, your Hosting Services will be automatically terminated.
2. Server Use
The Client may not use their site to publish material, which our Provider determines at their sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, audio recordings, or violates their Acceptable Use Policy.
The following constitutes violations of our Provider's Acceptable Use Policy:
- Illegal use: Our Providers services may not be used for illegal purposes, or in support of illegal activities. Our Provider 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 our Providers service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, child paedophiliac material (pedo hard pics).
- Threats: Use of our Providers 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 our Providers service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
- Fraudulent activity: Use of our Providers 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."
- 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.
- Unsolicited commercial e-mail / unsolicited bulk e-mail (SPAM). Use of our Providers service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending account.
- E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending account.
- E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through our Providers service is in violation of these Terms and Conditions.
- Usenet SPAMing: Our Provider has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
- Unauthorized access: Use of our Providers service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of our Provider 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 account is subject to immediate termination.
- Copyright or trademark infringement: Use of our Providers 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 our Providers service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
- Network disruptions and unfriendly activity: Use of our Providers service for any activity which affects the ability of other people or systems to use our Provider 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. Our Provider 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.
- 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.
- Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using our Providers services could result in suspension service.
- Third Party Accountability: Our Providers subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
- Violation of our Providers Virtual Accounts: It is absolutely forbidden to host pornographic content or IRC servers on Virtual Hosting/Reseller Accounts. Virtual hosting/Reseller accounts found hosting this material will be subject to immediate cancellation without refund.
- IRC networks: It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers/hosting found to be connecting to or part of these networks will be immediately removed from our network without notice. The server/hosting will not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server/member guilty of a second violation will result in immediate account termination.
- Adult Content: Explicit adult content (pornography) will be grounds for immediate suspension of your account. Sites containing only links to adult content will be immediately suspended. Our Provider will be the sole arbiter as to what constitutes a violation of this provision. Adult-oriented sites, pornography and sex-related merchandising are prohibited. We also prohibit sites that provide storage, sale, distribution, hypertext link to, advertisement, promotion or hosting of material that is unlawful, defamatory, obscene, harmful, threatening, harassing, or an intrusion of privacy or publicity rights, or otherwise objectionable. Note: Artistic nudity may be acceptable, but this is at the sole discretion of our Provider.
- Banned Scripts: The following scripts are banned from use on our shared and reseller hosting and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc. Banned Scripts include: IRC egg drops; Proxy servers; Mail bombers; Anonymous mailers; IP spoofers; Port scanners; nph-proxy; UBB (Ultimate Bulletin Board, all versions); Ikonboard, Yabb (all versions); lstmrge.cgi; FormMail scripts and clones; Greymatter (gm.cgi); Cgi/Perl Content management systems; Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives; Any script that uses & processes a massive number of flatfiles or large flatfile databases
3. Hosting Service Usage Policy
The Client should use all resources provided by our Provider in a manner that does not endanger the quality of the overall server performance. Such resources include but are not limited to: Server Memory Usage, CPU usage, MySQL server usage, mail server usage, web server usage etc. Failure by the Client to maintain his/her account in full compliance with the terms listed below may result in a warning, suspension or immediate account termination with no refund. Our Provider has the right to decide what constitutes a violation of the terms below:
- Client's use of traffic (bandwidth) - Client's account monthly traffic is limited in accordance with the Client's hosting plan. If the monthly traffic limit is reached before the end of the month the Client's account will be suspended until the beginning of the next month. Additional traffic can be ordered for the given month, so that account suspension is avoided. No traffic can be transferred from month to month.
- Client's use of disk space - Client's account disk space is limited in accordance with the Client'shosting plan. The Client should pay fee for additional disk space consumed.
- Client's use of email service - The Client should use the email and other related services in full compliance with the terms below:
- Each Client's account is allowed to send a maximum of 100 emails per hour. Any account that exceeds this limitation is endangering the overall server performance.
- Each Client's account is allowed to send a maximum of 800 emails per day. Any account that exceeds this limitation is endangering the overall server performance.
- Each email sent by the Client should have NO more than 20 recipients. Sending a single email to more than 20 recipients simultaneously is endangering the overall server performance.
- The use of email clients with IMAP protocol is allowed for mailboxes with a maximum size up to 50MB. Any use of IMAP with a bigger mailbox is endangering the overall server performance.
- The use of email clients with POP3 protocol is allowed for mailboxes with a maximum size up to 50MB. Any use of POP3 with a bigger mailbox is endangering the overall server performance.
- The Company allows up to 30 checks to POP3/IMAP mailboxes per domain per hour. Any use of the POP3/IMAP service to check a mailbox more often than 30 times per domain per hour is endangering the overall server performance.
- Client's use of Database Resources - The Client should use the MySQL database server resources in a way that does not endanger the quality of the overall server performance. A database that generates more than 10% of the database queries longer than 1 second at any given time endangers the overall server performance. The Client is responsible to manage his/her database(s) so that it is in compliance with this policy.
- Client's Use of Shared Server CPU - The Client account should NOT use more than 10% of the shared server CPU for a period longer than 5 seconds. Any account that is using more than 10% of the shared server CPU for more than 5 seconds is endangering the overall shared server performance.
- Client use of Server Memory - The Client account should NOT use more than 65MB of the server memory resources at any given time. Any account that is using more than 65 MB of the shared server memory is endangering the overall shared server performance.
- Other Client's account limitations - The limitations listed below apply to each Client's account and failure by the Client to comply with them will endanger the overall server performance:
- No more than 20 simultaneous processes will be executed by the Client's account at any given time.
- No Cron Jobs with execution period shorter than 30 minutes will be executed from the Client's account.
- No more than 10 simultaneous connections from a single IP to the Client's account are allowed.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
- Your password provides access to your account. It is your responsibility to keep your password secure.
- Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
- Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
- You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
- You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
- You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
- Users who violate systems or network security may incur criminal or civil liability. Our Provider will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
5. Server Maintenance
Our Provider will need from time to time perform maintenance, upgrades or replacements to their servers. They reserve the right to suspend access to such server during the required time to do the maintenance, upgrade or exchange the server.
The Company, its employees, and our Providers, cannot be held responsible for any damage caused to your business or yourself, even if the damage is directly caused by one of our employees. The Company and Our Providers cannot be held responsible for any loss of data or service interruption, but will do its best to help the Client.
The Client is solely responsible for the content stored on and served by their website.
The Comany or Our Provider do not provide a backup service for your site. The Client is solely responsible for making backup copies of their website and content.
The Company or our Provider has no liability or obligation to create, store or provide any backup copy to the Client website, databases and other content. The Company and our Provider cannot be and will not be liable for any damage, loss of data, loss of use or other loss occurring because of lack of a copy of the Client's website and other content or having an outdated back up copy of Client's website and other content.
You are responsible for maintaining adequate backups of your content.
8. Limitation of Liability
The Company and our Providers shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our Providers servers going off-line, or being unavailable temporarily or permanently for any reason whatsoever.
Furthermore, the Company and our Providers shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any website from one of Our Providers servers. All damages shall be limited to the immediate termination of service.
9. Technical Support
The Company provides technical support to the Client via our website: http://www.goforward.co.nz/support-ticket/ and in accordance to our Terms of Trade.
10. Suspension and Termination
The Company or our Provider may at their sole discretion suspend or terminate your hosting in part or whole if the Client violates any of these Terms and Conditions. You will be advised by email or letter, and no refund will be given.
The Company reserves the right to amend these Terms and Conditions at anytime without notice to the Client.
Document Revision Date: 26th September 2016
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