Internet Products and Services Terms and Conditions
Intangible Products and/or Services
These products and/or services include, but are not limited to:
- Internet domains
- Cloud services (including products resold to you via Google, Microsoft, Amazon, 3CX, etc.)
- Device management (including products resold to you via Hapara, Family Zone, Cisco, Jamf, Lightspeed, etc.)
Our Obligations as a Domain Name Registrar
We agree that we will:
- comply with applicable law and the terms and conditions set forth by the DNC, NZRS, SRSPlus or ICANN ("Relevant Register") and accurately represent these to you;
- disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain name sought to be used by you, including price and billing information;
- comply with your lawful directions in a diligent and timely manner regarding your domain name (e.g. registration, cancellation, amendment, deletion, and associated technical support and billing);
- process any new domain name registrations with the Relevant Register within a reasonable time after we have received all the information required to complete a registration;
- notify you of the registration of your domain name(s), including the details of:
- the domain name;
- your own contact details;
- our contact details;
- the registration period;
- the unique authentication ID for your domain name; and
- your obligations as a registrant;
- arrange for correction of any error in the information in the Relevant Register about any domain name registered to you through us when requested;
- in the case of a .nz domain, provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge;
- comply with any order of any authority having jurisdiction regarding any domain name registered to you through us;
- use our best endeavours to deal with any complaints you may have about the services we provide for you.
Your Obligations as a Domain Name Registrant
You agree that you will:
- comply with the applicable law and the terms and conditions set forth by the DNC, NZRS, SRSPlus or ICANN. You agree that you have read and understood the current policies;
- make sure all information you give us is accurate and complete, keep us informed of changes to any information you give us, and that you have the authority to enter into this agreement;
- keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure;
- satisfy yourself that your use of a domain name will not infringe on anybody's intellectual property rights and protect us, and everybody we are in any business relationship with to provide services to you, from any such claim;
- ensure that you only use our services for a lawful purpose;
- ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
- ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
- protect us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you.
You agree to make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.
Registration of a Domain Name
- Operation of the domain name requires the collection of information, including some personal information, from you. In order to have a domain name registered in your name, this information must be entered into the register (see the clause The Register and Registry below for more details regarding the register);
- By entering into this agreement, you consent to provide us with the following personal information ("personal information"):
- country; and
- phone number.
- While you have the right to withdraw your consent to providing us with your personal information, without this personal information we cannot perform our obligations under this agreement (including registering and maintaining a domain name for you) because:
- the personal information is necessary in order for your domain name to be recorded on the Relevant Register;
- we need to be able to contact you in relation to the administration of the domain name; and
- we are required by Domain Name Commission policies to collect your personal information.
- If you decide to transfer management of your domain name to another registrar, or if your domain name is cancelled, or if this agreement ends for any other reason, we will continue to store your personal information for a period of not less than 6 years for limitation and tax administration purposes;
- You further agree that:
- the domain name is registered in your name only because no other person has it according to the records of the register; and
- neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the Query Service shall not be taken as evidence of anything other than such registration; and
- you protect us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.
The Register and Registry
- The register is the authoritative database of domain names and the details shown in the register is treated as the correct record. In the case of .nz domains, the register is operated by the registry branch of InternetNZ ("registry");
- In order to have a domain name, it is necessary that the registry store your personal information on the register;
- When a domain name is no longer registered in your name, the registry will continue to store your personal information ("historical personal information"). Historical personal information may only be disclosed where authorised or required by the Relevant Register's governing law;
- To the extent GDPR applies, EU registrants have the right to object to the registry storing historical personal information and/or disclosing it as authorised or required by the Relevant Register's governing law;
- Despite the above clause, pursuant to Article 21 of GDPR, the registry maintains that it has compelling legitimate grounds for storing an historical auditable record of all domain names and disclosing historical personal information as authorised or required by New Zealand law. This is because without carrying out these functions, the integrity and operation of the register would be significantly undermined.
Domain Name Commission, SRSPlus and ICANN
- The Domain Name Commission (DNC), SRSPlus, and the Internet Corporation for Assigned Names and Numbers (ICANN) are the relevant entities which regulate their respective domain name market space;
- DNC provides a domain name registration data query service (Query Service). Through the Query Service, the public is able to access the register with respect to a particular domain name from DNCL’s website. Subject to the Individual Registrant Privacy Option (“IRPO”) referred to in clause IRPO subclause below, in response to a Query, registrants’ personal information will be available (along with the domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name);
- When a .nz domain name is cancelled it holds a pending release status. During the pending release period of 90 days from date of cancellation, a registrar may fully re-instate the domain name for the registrant, so that it becomes active again. This means that your personal information remains viewable on the Query Service for that 90 day period. Following the 90 day period when your name is released, your personal information will no longer be disclosed on the Query Service;
- To the extent GDPR applies, EU registrants have the right to object to their personal information being made available through the Query Service. However, pursuant to Article 21 of GDPR, DNC maintains that it has compelling legitimate grounds for disclosing the personal information on the Query Service. This is because, without the Query Service, the integrity of the .nz domain name space would be significantly undermined;
- For the avoidance of doubt, by entering into this agreement, you hereby give consent to your personal information being made available on the Query Service;
- To the extent GDPR applies, EU registrants have the right to withdraw their consent under the previous subclause. However, any withdrawal of consent is without prejudice to DNC’s position that it has a legitimate interest in disclosing the personal information on the Query Service;
- The IRPO is an optional feature available for individuals who are not using the domain name it is applied to in significant trade. If you are eligible and choose to use IRPO, your telephone number and contact address information will not be disclosed on the Query Service (“Withheld Data”). If you use your domain name for significant trade purposes you will not be eligible for the IRPO (see section 8 of .nz Operations and Procedures policy for further details);
- Despite the previous clause, Withheld Data may be released in the following circumstances:
- Where applications are made by any person, entity or organisation who have established a legitimate need for the Withheld Data (see sections 22.2-22.22 of .nz Operations and Procedures policy);
- Where disclosure is ordered by a court of competent jurisdiction or is required by any other order with the force of law (see sections 22.23 - 22.24 of .nz Operations and Procedures policy);
- Where an entity has a Memorandum of Understanding with DNC, such that the entity has automatic access, or alternatively streamlined access, to the Withheld Data (see sections 22.25 to 22.40 of .nz Operations and Procedures policy).
- To the extent that GDPR applies, EU registrants, who are eligible for the IRPO, have the right to object to Withheld Data being disclosed in the circumstances described in the previous subclause. However, pursuant to Article 21 of GDPR, DNC maintains that, based on the Privacy Act 1993 (or any substitute enactment) (and in particular Principle 11) it has compelling legitimate grounds to disclose Withheld Data on these circumstances.
You represent and warrant that you are the person legally responsible for all use of our products and/or services, and are at least 18 years of age. If you are under 18 years of age, you must have parental consent in order to use our services, and the account must be opened and maintained by a parent or legal guardian, in their name. You agree to provide Entity with your full legal name, postal address, telephone number and an email address.
Providing You with Service
To provide you with service, Entity must be either the Registrar or Registrant for the domain name that will be associated with the service. If you use our services for personal or non-commercial use, you can exercise your rights under the Consumer Guarantees Act 1993 and our Service Agreement does not limit your rights. However, if you use our services for business purposes (or you have told us you will do so, or we have credible cause to believe that you will do so) then we exclude all warranties implied under the Consumer Guarantees Act.
Cancellation of Service
Your account is active until the service expires being the date paid up to in advance. Service cancellation may occur automatically if you do not renew the service before the expiry date. All related services will cease to function after this date. These services can be reactivated within 90 days after this period by renewing the service and by paying all outstanding invoices.
We reserve the right to cancel/disable any/all services if you have an invoice(s) outstanding for more than 30 days. This may cause a disruption in services not related to the outstanding invoice(s).
Data Retention Following Cancellation of Service
If your account is not renewed by its expiry date, the service will be disabled and we may continue to hold the data for a period up to 90 days.
After these periods all data may be deleted from Entity's servers and will be unrecoverable.
If a domain name which has been assigned to a web hosting account is cancelled or transferred away to another Registrar the web hosting account will be disabled and the data held until the web hosting service expires.
Backups and Data Loss
Entity performs regular backups, archived offsite for its own disaster recovery purposes only. Entity does not warrant or otherwise guarantee that these will be available or that data which has been backed up can be retrieved. If any of your data is damaged, deleted, lost or corrupted in any way, or becomes otherwise unavailable due to termination or suspension of your account pursuant to this Agreement, Entity will have no obligation or liability to you.
Entity strongly recommends that you create regular backups of your data as the Entity disaster recovery backups are not, under any circumstances able to be used for individual customer data recovery.
Entity's services may only be used for lawful purposes. Any use which violates any national or international laws which may apply to Entity or any jurisdiction that you may be subject to is strictly prohibited. While using an Entity service, you will not post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any national or international law, including without limitation the laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution law.
Entity will be the sole arbiter as to what constitutes a violation of this provision and reserves the right to suspend your service without notice.
Acceptable Use: Server Performance
If your website affects the performance or security of the server systems, Entity at its sole discretion, without notice, may immediately suspend, throttle, or perform any other action that will prevent your site from impacting other clients and the server system as a whole.
The following hosted website content/material is not acceptable. Entity reserves the right to suspend any website hosting the following content with or without notice:
- Top sites;
- File sharing/mirror scripts;
- Proxy scripts;
- Pirated software, warez, or illegal image hosting services;
- IP scanners;
- Bruteforce programs/scripts/applications;
- Mail bombers/spam scripts;
- Banner-ad rotation services;
- Video streaming (unless a separate agreement has been specifically signed and agreed to);
- High-yield interest programs, ponzi/mlm/pyramid scheme sites;
- Gambling sites;
- Pornographic sites;
- Hateful/racist/harassment orientated sites;
- Hacker focused sites/archives/programs;
- Sites promoting illegal activities; or
- Forums or sites that distribute or link to sites that match the above.
Exclusion of Liability
We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of:
- InternetNZ, the registry and any other entity we are in any business relationship with;
- every officer, employee, contractor, agent of us or any entity in the above subclause;
- anyone else we get to perform our duties under any agreement you have with us.
None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.
Limitation of our Liability
We have excluded all other liability we or any of the persons specified in the clause Exclusion of Liability may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in the clause Exclusion of Liability then this clause applies. Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the services we provide for you (together) is the amount of the last month's fee paid by you under this agreement.
Definition and Policies
- "Unlimited hosting"
- What it does mean:
Entity does not set an arbitrary limit or cap on the number of resources you can use. In good faith and subject to this Agreement, Entity makes every commercially reasonable effort to provide you with all the disk space, database and bandwidth resources needed to power your website(s) successfully, as long as your use of the service complies with this Agreement. By not setting limits on key resources, we are able to provide simple, consistent pricing to you as you grow your website(s). As a result, a typical website may experience periods of great popularity with increased storage and bandwidth requirements without incurring any associated increase in hosting charges.
- What it does not mean:
Entity employs complex mechanisms to protect you and Entity from abuse. The Entity offering of "unlimited" disk space, databases and bandwidth is not intended to allow the actions of a single or few to unfairly or adversely impact the experience of others. The Entity service is a shared hosting service, which means that multiple websites are hosted from the same server and share server resources. The Entity service is designed to meet the typical needs of education and small-to-medium business websites for our customers. It is NOT intended to support the sustained demand of large enterprises, high traffic websites, or non-typical applications better suited to a dedicated web hosting service.
Entity will make every commercially reasonable effort to provide additional resources to you as long as your website does not breach this Agreement. However, in order to ensure a consistent and quality experience for all customers, Entity does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system and other Entity customers.
- "Unlimited Disk Space"
Entity does not set arbitrary limits on the amount of disk space that you can use for your website, nor does Entity charge additional fees based on an increased amount of disk space used, provided your use of storage complies with this Agreement.
However, Entity has maximum daily FTP quotas per web hosting account to protect against abuse:
- FTP Maximum Upload File Size: 128MB
- FTP Maximum Download File Size: 128MB
- FTP Upload Data Transfer Quota per Day: 2GB
- FTP Download Data Transfer Quota per Day: 2GB
- "Unlimited data traffic"
Entity does not set arbitrary limits on the amount of visitor traffic a website can receive or on the amount of content you can upload to your web hosting account in a given month, nor does Entity charge additional fees based on the increased use of bandwidth, as long as your use of the service complies with this Agreement. In most cases, your website will be able to support as much traffic as your website can legitimately acquire. However, Entity reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other customers.
- "Unlimited MySQL databases"
Entity does not set arbitrary limits on the number of databases you can use for your website, nor does Entity charge additional fees based on an increased amount of databases or database storage used, provided your use of databases complies with this Agreement.
Application and Script Security
Any applications or scripts installed to your hosting account either automatically using our installers or manually by yourself must be kept up-to-date and free from publicly known vulnerabilities. In addition, any form to email script must have sufficient defences in place (eg. Captcha) to prevent automated submission and distribution of mail from anonymous users. Entity reserves the right to suspend or cancel your account without notice if a script installed by you contains a vulnerability which can or is being exploited.
Zero Tolerance Spam Policy
Entity takes a zero-tolerance stance against sending unsolicited email, commonly known as spam. Sending unsolicited email, from any server located on Entity's networks is STRICTLY prohibited. Entity will be the sole arbiter as to what constitutes a violation of this provision. The accounts of any user who sends spam will be terminated without notice, regardless of whether the messages were sent from an Entity server or from another server advertising a site hosted on Entity's servers.
Server Maintenance and Updates
Entity performs regular upgrades and updates to server applications. These upgrades/updates may require you to update/upgrade your code to be compatible with new versions. You agree to take full responsibility for implementing these updates. Entity is not responsible for website malfunctions after upgrades/updates due to clients running incompatible code.
You agree to fully defend and indemnify and hold harmless Entity of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including lawyers fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of Entity in any way related to your use of Entity's services or any portion thereof.
Entity makes every reasonable effort to maintain the uninterrupted operation of the services, subject to regularly scheduled server and network maintenance cycles. In no event shall Entity be liable for any consequential, indirect, special or incidental damages, even if Entity has been advised by the user of the possibility of such potential loss or damage. If the Entity service to you is disrupted or malfunctions for any reason, Entity shall not be responsible for losses of income due to disruption of service, or any other such issues whether due to the active or passive negligence of Entity.