O2Host - Legal

Legal

1. Terms

O2Host Provides World Wide Web page hosting, O2Host Reserves the right to suspend or cancel any customer's access to any or all services provided by O2Host. When O2Host Decides that the account has been inappropriately used or otherwise. Inappropriate use of accounts are not entitled to a refund of any kind.

2. Communication

Communication between the company O2Host its employee's and our clients is regarded as strictly confidential, therefore we stress that any Phone, written or email communication is not to be published anywhere, which includes a website, message forum, newspaper or any other media without the written permission of CEO; Nathan Hutchinson .

3. Server use

Personal accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away web-hosting services of their website to other parties.
Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.
O2Host. Reserves the right to refuse service and/or access to its servers to anyone.
O2Host. does not allow any of the following content to be stored on its servers:

- Illegal Material - This includes copyrighted works, commercial audio, video, or music files and
any material in violation of any Federal, State or Local regulation.
- Warez - Includes pirated software, ROMS, emulators, freaking, hacking, password cracking, IP
spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

4. Use policy

You can run any CGI and non-CGI scripts you desire, however we reserve the right to disable any script that dramatically affects server performance.

6. Banned scripts

GreyMatter
UBB (all versions)
IkonBoard (perl/cgi version)
YaBB (perl/cgi version)
Any IRC related software
Proxy Servers
nph-proxy
The Anonymizer
lstmrge.cgi
topsites.cgi
bindshell
psybnc

Furthermore we strictly prohibit the use of Bulletin boards which run server intensive flat file systems, we do supply a fully pre-installed Bulletin Board phpbb.

7. Adult content policy

We do not host or link to any websites which display adult content such as pornographic material, escort services or the like.

8. General content policy

We do not host or link to any websites which contain, advertise or display content which we consider to be gambling related or alcoholic beverage sales.

9. E-mail policy

O2Host strictly prohibits harassment, whether through language, frequency, or size of messages. Forging of header information is not permitted.

O2Host does not allow unsolicited mail (UCE). This includes "Spamming" and "Bulk Mail" sent to persons who have otherwise not requested to receive such mail. The reason for this is that not only is it generally frowned upon by the internet community, but it also demands extra bandwidth to handle the effects of such mail. Websites found to be sending UCE will be terminated without notice.

"Safe-In Lists" O2Host views this as opt-in spam lists and is viewed as abuse toward our service offerings, O2Host does not allow customers to host, or offer safe-in list hosting or mailing lists unless an exception is given directly by management.
If its found any client has setup an account with O2Host, for the express terms of sending unsolicited email, O2Host reserves the right to charge a one time administration fine of $500.00 and immediate account suspension and removal of files from our servers If O2Host can show proof the client has sent the email from O2Host servers or network. High penalty yes it is, we can lose our right to proceed as a business and worse still it jeopardizes ongoing performance and viability for our current customers.

10. Payment policies

All accounts are set up on a prepay basis. Although O2Host. Reserves the right to change prices of accounts or services at any time.

Payment is due each anniversary year or month following the date the account was established. Customers WILL automatically be charged again at the end of their prepay period.

In situations where the card number on file is declined O2Host. Will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully.

In addition, O2Host. Reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was To reactivate a suspended account (due payment problem) a $10 reactivation fee must be paid for each suspended domain/account.

Established to the time that the customer sends a written cancellation request
No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via e-mail shortly after the online purchase has been made. At this point the customer's card will be charged automatically. All payment is only accepted in US dollars. We will however send invoices via snail mail to larger clients.

Cancellation of services requires at least 5 days notice, although O2Host does not add on a setup fee, there is a cost which is built into the first months hosting, any refunds will be an amount less the first months hosting plan.

11. Payment options

In order to streamline our accounting procedures and keep costs down O2Host. Accepts:
MasterCard, Visa , Discover , American Express, Bank Deposit, cheque and Paypal. We prefer that all users pay via bank deposit. If you intend to pay via CC then a fee of up to 5% may be incurred. If paying via cheque please mae sure you write it out to: IAG INVESTMENTS LTD.

12. Cancellation and refunds

O2Host. Reserves the right to cancel the service at any time. Customer refund requests are to be sent to o2host@O2.net.nz and will only be processed in the cases of service non-performance that might be caused by O2Host's side, Refund requests will be refused if it's requested for any cause that's out of O2Host's side, For example:
- Domain transfer failure.
- Failure of any third party programs that are not supported by O2Host.
- Customers leakage of experience in dealing with web basics and communication protocols
- Network outages beyond our control such as DOS attacks to the network

13. Indemnification

Customer agrees that it shall defend, indemnify, save and hold O2Host. Harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against O2Host., Its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless O2Host. Against liabilities arising out of:
(1) any injury to person or property caused by any products sold or otherwise distributed in
connection with O2Host's server.
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
(3) copyright infringement.
(4) any defective products sold to customer from O2Host's server.
DISCLAIMER
O2Host. Will not be responsible for any damages your business may suffer, O2Host. Makes no warranties of any kind, expressed or implied for services we provide.
O2Host. Disclaims any warrantor merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by O2Host. and its employees.

14. Hosting policies

(Terms of Service (TOS) and Authorized Use Permit (AUP))

The Basics (but not limited to) in plain English:
1. Nothing illegal! - no illegal spamming, unsolicited email (opt-ins are ok), warez, serial numbers, cracks, codes, stolen MP3's etc...
2. No Adult anything.
3. No Server abuse.
4. We bill monthly - or yearly your choice..
5. If you violate any of the above policies, O2Host will cancel your account (we always contact you first).
This document contains the general terms and conditions on which O2Host (we, us, our) provide:
1. domain name hosting services or accounts
2. email services or accounts
3. web hosting services or accounts - personal web space and reseller
4. associated services or software (such as account management software, helpdesk support or content filtering).
Who is the Subscriber (you, your)?
The subscriber in this document is the person who provides their personal details when purchasing a web hosting service by telephone, in writing or by using O2Host's on-line sign up page. By signing up on-line, over the phone or by signing a written application, you promise that you are over 18 years of age. If not then you are not authorised to sign up to our service. You may, however arrange for a parent or guardian to sign up instead of you.
The Legal Version
Authorized Use Policies (AUP)

(for all accounts) O2Host (O2Host ) has certain ethical, legal and moral responsibilities consisting with the use of its servers and equipment involved in the services of web site hosting, marketing and design. O2Host reserves the right to suspend, deny or cancel a subscriber's access to any or all services provided by O2Host whenever O2Host decides the services it has rendered have been inappropriately used. Use of O2Host 's service constitutes acceptance and agreement to our policies.

Web Site, Server, and Network Content/Use Provisions

(for all accounts) All services provided by O2Host and its underlying service providers may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian federal, state or city law is prohibited. This includes, but is not limited to: any material that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction material we judge to be threatening, obscene, profane or objectionable in any way, violent or teaching violence, material that would cause harm to minors, threats and harassment, forgery, fraud, unfriendly network disruptions, and distribution of viruses. The subscriber is also responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. The subscriber agrees to indemnify and hold harmless O2Host from any claims resulting from the use of the service which damages the subscriber or any other party. The subscriber also agrees that O2Host may disclose, without subscribers consent, any and all information related to the subscriber and their service with O2Host to any law enforcement agent who makes a written request.

O2Host is not responsible for any material input by anyone other than O2Host and/or posted to the O2Host by anyone other then O2Host . This includes the content and links on websites hosted by O2Host . O2Host disclaims any liability and responsibility relating to inappropriate use or inappropriate content of anything hosted by O2Host that O2Host did not solely create and post to the O2Host.

Pornography and sex-related merchandising are prohibited on any O2Host server. O2Host will be the sole arbiter as to what constitutes a violation of this provision. O2Host also reserves the right not to host sites that it considers, in its sole discretion, to be religiously or racially offensive or inflammatory. O2Host will not host warez sites or anything related to, promoting, or offering warez, serial numbers, cracks, illegal mp3's or anything else that would considered illegal by the laws governing the citizens of the Australia and its states..

With the few exceptions listed above and below, we support the uncensored flow of information and ideas over the internet. We do not actively monitor the information that our subscribers transmit and receive, however, we do react immediately to any alleged violations of any of our policies in which case we reserve the right to monitor anything on our network and any packet of information that traverses our network.
The subscriber is responsible for sending mail in accordance with any relevant legislation, including but not limited to the Commonwealth Spam Act (2003) and for sending the same in a secure manner. O2Host will take all reasonable steps to ensure accurate and prompt routing of messages but will not accept any liability for non-receipt or misrouting or any other failure of email. In the event of deliberate transmission of unsolicited commercial email (UCE), O2Host reserves it right to terminate services without prior notification

Bandwidth usage for dedicated and collocated servers: (for dedicated and collocation accounts) Subscriber agrees to pay for all bandwidth they use that is above the amount included in their package, at the current rate which is listed on O2Host 's dedicated server page. Subscriber may elect to have their bandwidth capped at any amount at their choice, or they may elect to have no cap and simply pay for the additional bandwidth used above what is included in subscribers package.

Background-running Programs: (for virtual accounts) O2Host may allow programs to run continuously in the background. These are considered on an individual basis and an extra charge may be incurred based on system resources used and operational maintenance needed.

IP address's: (Applies to dedicated and co-location subscribers only, does not apply to virtual accounts.) All IPs that are assigned to O2Host 's subscribers must be used under the authorized use stipulations within 24 hours of being assigned the IP. Authorized use stipulations are taken from ARIN, the organization that manages IPs. There are to be no unused IP's on O2Host 's networks, except those in reserve for O2Host to assign its subscribers on an as needed basis. subscribers are only allocated IPs that they will use within 24 hours. Subscribers are not allowed to keep IP's in reserve.

O2Host assigns and allows its subscribers to use IP addresses that are owned or are given to O2Host to use. O2Host retains ownership of all IPs assigned to subscribers. Name-Based hosting must be used where possible as per ARIN rules.

Server Abuse Issues: (for all accounts) Any attempts to undermine or cause harm to O2Host servers or the servers of its underlying service providers or a subscriber of O2Host or its underlying service providers is strictly prohibited.

Network Security: (for all accounts) O2Host shall use reasonable endeavours to ensure the integrity and security of the Server, however we do not guarantee that the Server will be free from unauthorised users or hackers. Subscribers are prohibited from violating or attempting to violate the security of the O2Host or any of its other subscribers, and should a violation take place, civil or criminal liability may result. O2Host will investigate any alleged violations and cooperate fully with law enforcement. Violations include but are not limited to the attempt to login to any machine which the subscriber is not exclusively paying for, interfering with any service by ddos attacking, mail bombing or anything else that would be detrimental to the services that O2Host provides, attempting to probe or scan or test vulnerability of any machine on the O2Host, forgoing any IP address, and taking any action in an attempt to receive services that the subscriber is not paying for. A violation of any of the above may result in immediate removal from the network.
O2Host does not warrant whatsoever that our virus protection services on our servers will stop every virus from reaching the subscriber's computer network. O2Host makes no warranty that the service will be error free or free from interruption of failure, and O2Host expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.

Resellers - Any sub-networks or re-seller networks of O2Host must adhere to all of the O2Host policies above and following:
You agree that in your capacity as reseller of O2Host services, that you will not incur any liability on the part of O2Host or in any way pledge or purport to pledge our credit or purport to make any contract binding on O2Host..
O2Host does not accept the liability or default of your own customers as affecting or limiting your obligations under this agreement and we suggest that you require your customers to sign a form of this agreement.
As a reseller of O2Host Services, you are responsible for ensuring that any promotional, advertising or other material you distribute to your customers (whether in paper form or electronically):
a. does not contain any misrepresentation relating to O2Host or the nature of your relationship with O2Host;
b. is in accordance with all applicable advertising standards;
c. does not contravene any law of the relevant jurisdiction;
d. is appropriate in all the circumstances;
and that you otherwise comply with all laws and regulations governing the exercise of your right as reseller under this agreement.
e. retain the right to require you to cease distribution of any advertising, promotional and/or other material which in our view is unacceptable by reference to the criteria referred to at paragraph 4 above.
You agree to indemnify, keep indemnified and hold O2Host harmless from and against any claim brought against it by a third party resulting from the provision of our Services by you to your customers, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities whatsoever suffered and howsoever incurred by us as a consequence of your breach or non-observance of the Reseller and ISP Terms.
Any sub-networks or re-seller networks of O2Host must adhere to all of these policies.
Terms of Service (TOS)

Right To Refuse Service and Cancel Accounts: (for all accounts) O2Host reserves the right not to accept accounts for hosting for any reason it deems appropriate. We also reserve the right to cancel an account at anytime, for any reason, other than those stated specifically in this policy statement, with 5 working business days notice. Accounts that violate any of the policies specifically stated herein, including late payment or non-payment of fees owed, may be cancelled with no notice.

15. Communication

(for all accounts) Our primary means of communications with clients, including for billing purposes and technical support is by email. You must supply us with your current email address so that we may contact you at any time. We cannot be held responsible for not notifying you of any changes to our services or your account cancellation if you do not supply us with your correct and current email address. You should check your email regularly to make sure you do not miss an important notice. We do have a phone number for subscribers to call (07) 3807 2859.

Passwords
You must keep confidential the password you use to subscribe to the service. You remain responsible for any use of the service made using your password.

16. Technical Support

(for all accounts) O2Host shall use reasonable endeavours to provide continuing availability of the Server and the Services but O2Host shall not, in any event, be liable for Service interruptions or down time of the Server. Technical Support is available 24/7/365 from our website under the technical support section (see the Help Desk, , FAQ section and the Users Guide). Email technical support is available at info@O2Host.co.nz or support@O2Host.co.nz Priority is given to the Help Desk in all cases - phone support is not given priority except in emergencies.

For all virtual accounts, tech support covers connecting to the server, setup, email, path, uploading files issues and more but does dot included troubleshooting and editing your perl or other scripts or databases. O2Host has a PERL expert on hand to assist you if needed at $40/hour.

For dedicated accounts, tech support is limited to initial setup, and thereafter only network related issues - the dedicated account holder must be or have someone be the sysadmin for their computer. O2Host can support and admin your server but that service is not included in the price of the dedicated server. For information on what it would cost to have O2Host be the sysadmin on your dedicated server, call us at +64 9 974 4417 or email info@O2Host.co.nz . For all Co-Located computers, tech support is limited to initial setup and thereafter network problems only. The Co-Located account holder must be or have someone be the sysadmin for their server. O2Host can support and admin your server but that service is not included in the price of the Co-Located server. For information on what it would cost to have O2Host be the sysadmin on your Co-Located server, contact

17. Deactivation and Termination

(for all accounts) If any of these terms or conditions are not followed it will result in grounds for account deactivation. Any account on O2Host servers that is an adult site, contains illegal content as stated in this agreement, caught spamming (sending any unsolicited email legal or not), violating any of O2Host 's hosting policies, or abusing the server in any way will automatically be terminated. We may terminate this agreement immediately if you are a company and you go into insolvent liquidation, or if you are a person you are declared bankrupt. We reserve the right to remove any account without notice if any of the terms or conditions stated herein are violated. If such an occurrence takes place, the fees for that month/quarter/yearly service will not be refunded to the subscriber. Fees for the entire month/quarter/year are due if the account is active even just one day of that period. On termination of this agreement O2Host shall be entitled immediately to block your Web Site and to remove all data located on it. After holding the data for a period of no longer than five working business days, O2Host shall be entitled to delete all such data if it has not been retrieved at the subscriber's expense. Data retrieval is charged to the subscriber at a fee of $25.00 O2Host shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.

If we deem it necessary to cancel an account for any reason other than those specifically stated in this document, we will give you a five working business day notice of cancellation by email.
If you wish to terminate your account with O2Host, the subscriber must notify O2Host by email info@O2Host.co.nz within five working business days of the account renewal date. Verbal instruction for cancellations will not be accepted. Your account will be automatically renewed for the same subscription period and you will be liable for, and immediately invoiced upon the commencement of, such additional subscription period if O2Host does not receive email authorization for account termination from the subscriber. There will be no credits or refunds to the subscriber's account once an invoice has been generated. On receipt of a subscriber's termination request, O2Host will endeavour to cancel that account at quickly as possible.

O2Host reserves the right to make any changes to its policies and Hosting plans, pricing, and features offered at any time as necessary and in no way implies fitness of purpose warranties. O2Host reserves the right to refuse service to anyone. O2Host reserves the right to determine what violates any of O2Host 's policies.

18. Payment Policies

(for all accounts) All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. The subscriber is responsible for all money owed on the account from the time it was established to the time that the subscriber notifies O2Host in writing for a request for termination of services (see deactivation and temination above). All payment is in Australian and US currency and must be prepaid via direct deposit, credit card, cheque, money order, TT and mailed 10 work business days in advance of due date.
Subscribers may prepay multiple months in advance however a discount applies only when a discount is advertised on O2Host's website. A subscriber who prepays and then wants to downgrade their hosting package can do so, but will not be eligible for a refund of any prepaid monies, or a reduction in yearly or monthly charges until the pre-paid period is up.

There is a $5 late fee for all payments that are not on time. This includes all credit card payments that do not go through as of the due date of the monthly payment due to the card being declined or expired, no longer good, or any other problem. It is the subscribers responsibility to inform O2Host of any changes in their credit card information including expiration dates. The subscriber authorizes O2Host to use whatever means necessary to effect payment for overdue accounts or cancellation fees, if any. This includes making the charge to the subscribers credit card, even if the subscriber does not usually pay by credit card. Once an account is 1 day overdue for payment, the account will be suspended if prior arrangements with O2Host have not been made. For cheques, O2Host may choose to suspend the provision of services if the subscriber does not make payment within the times set out above until we have received your cheque and it has been accepted as cleared funds by our bank. Suspension of account will cause loss of website service and email service to and from that account. O2Host reserves the right to turn over any debts owed to O2Host to a collection agency or to attorneys in that order.

If the subscriber desires domain name registration
O2Host do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, the subscriber should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.
We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.
The subscriber acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other services are set to expire. It is the responsibility of the subscriber for all domain registration payments. The subscriber is to ensure that the subscriber's domain does not expire unless the subscriber so chooses. Domain registration renewals are the sole responsibility of the subscriber. O2Host accepts no responsibility for domains pertaining to the subscriber which may expire. The payment policy for domain registration is the same as all accounts.
Web Site Hosting/email/Secure Web
Refunds and Disputes

(for all accounts) All payments to O2Host are non-refundable. Monthly and Quarterly accounts are non-refundable. Yearly accounts are non- refundable, including Domains. All our yearly web hosting accounts are at a discounted price and therefore will not be pro-rated on cancellation. If you dispute a charge made to your credit card by O2Host and it is found that the charge was valid, you agree to pay O2Host a $100 administration fee. O2Host reserves the right to cancel service at any time. Any violation of policies which results in extra costs to O2Host will be billed to the Subscriber (i.e. transfer, space etc.)

19. Service Rates

(for all accounts) Subscriber acknowledges that the initial costs and specifications of the service that the subscriber is subscribing to have been disclosed to the subscriber. O2Host reserves the right to change pricing and specifications of its service at any time due to market fluctuations, cost to provide service, changes in cost of hardware etc... When changes are made to pricing or specifications of the service O2Host is providing that result in lower pricing or in better specifications, O2Host will make every effort to pass those changes on to the subscriber, however, in some circumstances additional fees will apply. When changes are made to pricing or specifications of the service O2Host is providing that result in higher pricing or in lower specifications, O2Host will make every effort NOT to pass those changes on to the subscriber. O2Host is not obligated to change the rates and specifications of subscribers existing service for any reason at any time, and it will be at the sole discretion of O2Host and based on financial evaluations of what is required to keep O2Host a profitable operating company, able to provide the highest quality services to the subscribers.

20. Term (length) of service

(for all accounts) All hosting packages are yearly, quarterly, month to month billing with the minimum being 1 month. O2Host does not pro-rate monthly billing fees. O2Host does not require any long-term contracts for any of its accounts.

Indemnification

(for all accounts) Subscribers agrees that it shall defend, indemnify, save and hold O2Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against O2Host , its agents, its subscribers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by subscriber, it's agents, employees or assigns. Subscribers agrees to defend, indemnify and hold harmless O2Host against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with O2Host 's server; (2) any material supplied by subscriber infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to subscriber from O2Host 's server. This means if O2Host is sued because of a subscriber or a subscriber of an O2Host 's subscriber's activity, the subscriber will pay for any and all damages and associated court costs and attorneys fees that O2Host incurs.

21. Disclaimer

O2Host. Will not be responsible for any damages your business may suffer, O2Host. Makes no warranties of any kind, expressed or implied for services we provide.
O2Host. Disclaims any warrantor merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by O2Host. and its employees.

O2Host. Reserves the right to revise the above mentioned policies at any time.

22. Dispute resolution and governing law

(for all accounts)
This agreement shall be governed by the laws in force in the state of New Zealand. Both parties hereby submit to the exclusive jurisdiction of the Courts of that State.
Federal and state legislation may give you additional rights beyond those set out in these terms and conditions. Also, such legislation may imply additional terms or warranties in these terms and conditions which cannot be varied. Nothing in these terms and conditions is intended to be inconsistent with, or vary, such rights, terms or warranties.

O2Host. Reserves the right to revise the above mentioned policies at any time.