Policy and Service Guidelines
We want to provide the best possible service to our customers and to do so, we have to set forth some guidelines for everyone to follow. Even if you place your order by phone, you are bound by these terms and conditions. These terms and conditions override any email, chat session, or contact of any kind with any of our staff. This Agreement will become effective when accepted by both parties.
Content
All services provided by us may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any New Zealand or United States, Federal, State, City, Country or Province law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Spot Way from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography and sex-related merchandising and material is prohibited on all sites hosted by Spot Way. This includes sites that may infer sexual content, or links to adult content elsewhere. Spot Way will be the sole arbiter in determining violations of this provision. If pornography is found on our server, the offending domain will be deleted immediately with no warning and no refunds of money will be given.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to Spot Way servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
Pirated software
Hacker / Cracker programs or archives
Warez sites
Spot Way will be the sole arbiter as to what constitutes a violation of this provision.
Spamming, or the sending of unsolicited e-mail or message board posts including, without limitation, commercial advertising and informational announcements, from our server(s) or using an e-mail address or domain that is maintained on an Spot Way machine as reference in that spam is STRICTLY prohibited. Domains and sites are subject to being canceled immediately off of our server as well as fined no less than $500 US. A user shall not use another site's mail server to relay mail without the express permission of the site. Spot Way will be the sole arbiter as to what constitutes a violation of these provisions.
To reduce loads on our servers we have imposed a restriction on how many times you may check your e-mail in an hour. This limit is 60 times. This does not mean that you will lose any e-mail during that given time, it just means that you cannot sit with your e-mail program open and hit the receive button every 30 seconds.
To reduce the possibility of spam and to reduce the load on our servers we have imposed a restriction on how many e-mails each domain may send out in a given hour. That limit is 250 per hour. We believe that 6000 e-mails in a 24 hour period of time is plenty.
Hosting Packages
We reserve the right to change the packages that we offer in any way without prior notice. We normally will send out an announcement when we change things but we reserve the right not to.
System and Network Security
Violations of the Spot Way system or network security are prohibited, and may result in criminal and civil liability. Spot Way will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, but not limited to, the following:
1. Unauthorized access to or use of data, systems or networks,
including any attempt to probe, scan or test the vulnerability of
a system or network or to breach security or authentication measures
without express authorization of the owner of the system or network.
2. Unauthorized monitoring of data or traffic on any system or network
without express authorization of the owner of the system or network.
3. Interference with service to any user including, but not limited
to, mail bombing, flooding, deliberate attempts to overload a system
and broadcast attacks.
4. Forging of any TCP-IP packet header or any part of the header
information in an e-mail or a newsgroup posting.
Spot Way reserves the right to report illegal activities to any
and all regulatory, administrative, and / or governmental authorities
for prosecution.
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
Age
The client must be 18 years of age to obtain our hosting services. If a client is under the age of 18 and would like to obtain our hosting services then it is necessary for a parent or guardian to enter this agreement.
Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of Spot Way is strictly prohibited.
Newsgroups
Posting the same or similar message referencing your domain hosted with us in any way to one or more news groups (excessive cross-posting or multiple-posting, also known as "SPAM") is explicitly prohibited.
Background Running Programs and Responsible CGI use
We may give you the freedom in executing CGI programs at no cost.
Other providers limit their users access to CGI. We do not. The
only favor we ask in return is that you respect CPU usage. It would
be unfair to other users to run a program that hindered the performance
of a server. We reserve the right to disable any CGI script that
affects normal server operation.
No database may be used for logging of information available through
our server logs. Databases are only to be used for Spot Way hosted
web sites, and no outside access will be granted. No cron job may
run more than once every two hours and must be set up to "nice"
at a value of 10 or greater.
We may allow programs to run continually in the background. These
are considered on a case-by-case basis and an extra charge will
be incurred based on system resources used and operational maintenance
needed.
Excessive Use of Resources
Excessive use of resources will cause your account to be suspended
or terminated. A warning will be issued prior to suspension and/or
termination. Excessive use is defined as using more then 3% of system
resources.
IP Numbers
Spot Way maintains control and any ownership of any and all I. P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. (you retain the ownership of your domain name and all material owned by you contained in your site.)
Indemnity
You agree to defend, indemnify and hold harmless Spot Way and the directors, officers, employees and agents of Spot Way, for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof. We do not claim ownership of your content. It is completely yours. All content on your web site is considered a publication of yours and we are not to be held responsible for anything you present on the web through your domain in any way.
Limitation of Liability (Hosting)
Spot Way shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Spot Way servers going off-line or being unavailable for any reason whatsoever. Further, Spot Way 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 Spot Way servers. All damages shall be limited to the immediate termination of your service. We will always do our best to keep things running smoothly and to ensure that your web experience is the best. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Number, Password or security authentication; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your Web site; (8) loss or liability from your inability to use our mail service; or (9) loss or liability from the use of our mail service; or (10) loss or liability that you may incur in connection with our processing of your application for our services, or your agents failure to pay any fees, including the initial registration fee or re-registration fee.
Account Activation
All sales/services/subscriptions are FINAL, no refunds. By activating your account with Spot Way, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.
Payment
Payment is due on a set day of each month which is determined at
the time of your registration.
Payments not received within 5 days of the due date subjects your
account to suspension.
Payments not received within 30 days of the due date subjects your
account to deletion.
Refusal of Service
Spot Way shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Spot Way reserves the right to terminate any account at any time and for any reason. Spot Way reserves the right to delete all content and files upon termination. Spot Way reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Spot Way, reserves the right to refuse, cancel, or suspend service at our sole discretion.
In the event that any provision of this Agreement is deemed unenforceable or invalid, such un enforceability or invalidity shall not affect the remainder of this Agreement. Spot Way may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Spot Way as reflected in the original provision.
This Agreement and all rights hereunder shall be governed by the laws of New Zealand. Any action relating to this Agreement or to your use of the Spot Way site shall be brought exclusively in the courts of New Zealand.
Spot Way reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent.
This Agreement, the Spot Way fee schedule, the hosting terms of use and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and Spot Way, and supersede and govern all prior proposals, agreements, or other communications.
All Sub-Networks and distributive hosting sites of Spot Way must adhere to the above policies.
Complaints regarding Illegal Use or System or Network Security issues and complaints regarding email abuse or SPAM should be sent to our abuse team.
Failure to follow any term or condition will be grounds for immediate
shut down.
Violation of any of these terms shall nullify any right to refund.