These Terms and Conditions apply to the use of this web site, including the purchase of any goods, products or services (together, the “Services”) supplied to you by Professional Hosting Network. By using this web site for these or any other purposes, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must refrain from using the web site. In these Terms and Conditions, “ProHostNet” is Professional Hosting Network and “the Subscriber” is any legal person using a prohostnet website or purchasing Services from Professional Hosting Network.

General

1          The Subscriber is required to:

a)     Comply with all applicable laws, regulations, standards and codes, including in particular (but not limited to) the Privacy Act 1993, the Fair Trading Act 1986, the Copyright Act 1994, the Defamation Act 1992 and the Crimes Act 1961.

b)     Use the Services for lawful purposes only. Transmission or storage of any information, data or material in violation of any New Zealand law is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret or other statute. The Subscriber agrees to indemnify and hold harmless ProHostNet from any claims resulting from the use of the service which damages the Subscriber or any other parties.

NOTE: Pornography and sex-related merchandising are prohibited on any ProHostNet server. ProHostNet will be the sole arbiter as to what constitutes a violation of this provision.
NOTE: Spamming, or the sending of unsolicited email, from a ProHostNet server or using an email address that is maintained on a ProHostNet machine is STRICTLY prohibited. ProHostNet will be the sole arbiter as to what constitutes a violation of this provision.

c)       Ensure that all information provided to us is current and correct.

d)      Ensure that all people who use the Services provided to the Subscriber or via the Subscriber’s account also complies with these Terms and Conditions.

e)     Maintain the confidentiality of the Subscriber’s user name, login, password, and any other account information and/or identifier provided to the Subscriber in relation to the Services. The Subscriber accepts complete responsibility for all use of his/her/its account and of the Subscriber’s identifier(s), and ProHostNet is entitled to rely entirely upon use of any password or other identifier as evidence of the Subscriber’s identity and authority.
 

2          These Terms and Conditions constitute the entire agreement between ProHostNet and the Subscriber and it is expressly agreed that there are no other understandings, representations of warranties of any kind (either express or implied) forming part of the contract between ProHostNet and the Subscriber. In particular:

(a)    No condition advised by the Subscriber which is inconsistent with, qualifies, or is contrary to these Terms and Conditions shall have any effect unless that condition is expressly accepted in writing by ProHostNet.

(b)    No variation or waiver of these Terms and Conditions shall have any effect unless accepted in writing by ProHostNet.

3          Any Subscriber with access to other networks connected to ProHostNet must comply with the rules appropriate for that other network.

4          By using the Services the Subscriber certifies that he or she is at least 18 years of age.

Payment

5          The Subscriber agrees to pay for the Services provided to the Subscriber or under his/her/its account, regardless of whether it is the Subscriber or someone else who uses them. All our account will be set up an automatic payment.

6          Payment is due upon receipt of invoice. All payments must be in NZ dollars and withdrawable at a NZ bank. Accounts are in default if payment is not received within 30 days after date of invoice. If a Subscriber's cheque is returned by the bank as unredeemable, the Subscriber will be deemed to be in default, and will be liable for a "returned cheque" charge of $25.00.

7         Accounts unpaid 30 days after date of invoice may have their service interrupted. Such interruption does not relieve the Subscriber from the obligation to pay the monthly charge. Only a written request to terminate the service relieves the Subscriber of obligation to pay the monthly account charge from the date of such request.

8          Accounts in default are subject to a late payment charge of $25 and an interest charge of 1.5% per month on the outstanding balance. The Subscriber agrees to pay ProHostNet its reasonable expenses, including solicitor and collection agency fees, incurred in enforcing its rights under these Terms and Conditions.

9          No deduction or set-off against any amount due is permitted.

10         Professional Hosting Network reserves the right to change rates and prices by notifying the Subscriber 14 days in advance of the effective date of the change.

11         All files, information and mail under the account will be preserved for 14 days from the date the payment is due. If the payment is not received after 14 days, all files, information and mail under the account will be deleted. If the Subscriber wishes to use the service again, the Subscriber must re-apply as a new subscriber. For this, an activation fee will be required.

Copyright

12         ProHostNet’s logos, product and service names are the property of Professional Hosting Network Copyright is asserted in all the contents of this web site (including text, graphics, logos, icons, sound recordings and software) and all promotional material produced by or on behalf of ProHostNet. Except as expressly authorised by these Terms and Conditions, the customer may not in any form or by any means:

(a)           adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or

(b)               commercialise any information, products or services obtained from any part of this web site;

- without ProHostNet’s written permission.

13         Relationship of the Parties

(a)        The Subscriber warrants it has not relied on any representation made by or on behalf of ProHostNet which has not been expressly stated in these Terms and Conditions; or upon any publicity material or brochures produced by or on behalf of ProHostNet.

(b)       These Terms and Conditions constitute the complete and exclusive understanding between the parties in relation to the subject matter hereof and supersedes all prior contracts, proposals, communications and representations made by either party (whether oral or written) and these Terms and Conditions may only be modified if such modification is in writing and signed by a duly authorised representative of each party. These Terms and Conditions shall prevail over any inconsistent terms and conditions in any other contract between the parties whether in correspondence or otherwise and any conditions or stipulations to the contrary are hereby excluded and extinguished. Except as otherwise expressly stated in these Terms and Conditions, neither party has any other responsibility or obligation to the other.

14         Non Waiver: Failure by any party to enforce any right or obligation with respect to any matter arising in connection with these Terms and Conditions shall not constitute a waiver as to that matter or any other matter either then or in the future. Any waiver of any right or obligation under these Terms and Conditions shall only be of any force and effect if such waiver is in writing and is expressly stated to be a waiver of a specified right or obligation under this contract.

Force Majeure

15        ProHostNet shall not be liable to the Subscriber or to any other person for any loss or damage directly or indirectly arising out of or in connection with any failure to perform any term of these Terms and Conditions where such failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation, or any other cause outside of ProHostNet’s reasonable control.

Severability

16         Should any provision of these Terms and Conditions be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall remain unaffected thereby unless otherwise stated.

Proper Law

17        These Terms and Conditions shall be governed by New Zealand law. The Subscriber agrees to submit to the exclusive jurisdiction of the New Zealand courts.

Amendments to Terms and Conditions

18        Professional Hosting Network (ProHostNet) reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this web site. The Subscriber’s continued use of the web site or the Services following such notification will represent an agreement by the Subscriber to be bound by the Terms and Conditions as amended.

Privacy Policy

19        Professional Hosting Network undertakes to comply with the terms of its privacy policy which is available on this web site.

20        The Subscriber is aware of his/her/its rights under the Privacy Act 1993 to have access to personal information held by ProHostNet and to request correction to the information and to be informed of action taken in response to any such request and/or to request that there be attached to the information a statement which the Subscriber can supply to ProHostNet relating to the fact that the Subscriber has requested a correction. The Subscriber agrees to pay ProHostNet the reasonable charges requested by ProHostNet in relation to time and attendances involved in complying with the Subscriber’s request in this regard.

Security of Information

21        No data transmission over the internet can be guaranteed as totally secure. While ProHostNet strives to protect such information, ProHostNet does not warrant and cannot ensure the security of any information which the Subscriber transmits to ProHostNet. Accordingly, any information which the Subscriber transmits to ProHostNet is transmitted at the Subscriber’s own risk. Nevertheless, once ProHostNet receives the Subscriber’s transmission, ProHostNet will take reasonable steps to preserve the security of such information.

Backups and Data Loss

22 Your use of the service is at your sole risk. We are not responsible for files and data residing on your account <<Make Sure>>you backup your files and data. If you lost your files and data and need us to restore back for you we will charge you our labour fees for $35+GST. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.  

Changes to the Terms and Conditions

23         We reserve the right to revise its policies at any time without notice.