our terms and conditions of trading

Updated: 12 Oct 2004

SERVICES

This Service Agreement ("Agreement") applies to the purchase of all services, packages, options, including but not limited to related web design, programming, and technical support services (collectively, the "Services") ordered by you at any time and from time to time. Emdee Enterprises Ltd ("Emdee") reserves the right to amend its web hosting and related Service offerings and to add, delete, suspend or modify the terms and conditions of the Services, at any time and from time to time, and to determine whether and when any such changes apply to both existing or future customers.

Emdee provides web hosting to numerous clients which means that we have a responsibility to protect each client and to provide the best services available. The following was established to ensure these crucial obligations are met.

These Policies, Guidelines, and Disclaimer are intended for all domains residing on Emdee servers.

BILLING AND PAYMENT

You shall pay the fees and other charges for each Service as provided in the Emdee website and in our pricing and plans statement or our standard schedule of prices, as the same may be amended from time to time. Emdee reserves the right to change rates by notifying you thirty (30) days in advance of the effective date of the change. Service fees and charges shall be invoiced in accordance with the terms and conditions set forth both herein. You will pay a late payment charge equal to 1.5% (or the highest amount permitted by law, whichever is lower) per month or portion thereof on the outstanding balance of any invoice remaining unpaid after the date upon which payment is due ("Due Date"). Accounts unpaid after the Due Date may have service suspended or terminated. Such suspension or termination shall not relieve you of your obligation to pay the fees and charges due. You agree to pay Emdee its reasonable expenses, including legal fees and collection agency fees, incurred in enforcing its rights under this Agreement.

AUTOMATIC CONTRACT RENEWAL:

When your contract is up, we automatically renew it unless you ask to cancel your account. You will be billed either monthly, quarterly, bi-annually, or annually, whichever you choose when you signed up. If you would like to cancel your contract, you must email support@emdee.co.nz requesting account termination. Allow at least 72 hours for account deletion. As a policy, we do not offer refunds or credits beyond our 30 day money back guarantee.

TRAFFIC RESTRICTIONS:

Our hosting plans are setup to enable our customers to host their website without risk of it being shutdown or billed for excess traffic.

To ensure all customers recieve a high level of service sites we do not host sites that are likely to generate very high levels of traffic. If you think your site is likely to generate greater than 10GB of traffic per month please contact us for a custom quote.

UNACCEPTABLE ACTIVITIES:

These include spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message; passive spamming (promoting a web site hosted by Emdee by spamming from some other source), trolling (posting controversial messages in newsgroups to generate responses), mailbombing (inundating a user with email without any serious intent to correspond), generating a higher volume of outgoing mail than a normal user (20% or more of available system resources), and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. Any customer repeatedly "mailbombed" or that attracts such behavior will be asked to leave. If you are not sure if your actions will be in violation, please ask first abuse@emdee.co.nz. We also do not allow sites selling spamware.

Age. The client must be at least 18 years of age to obtain our service.

Abuse of the legal rights of others:

Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers. Emdee supports free speech on the Internet, and will not suspend or cancel a customer’s account simply because it disagrees with the views expressed by the customer. Where there are allegations that a customer’s on-line activity has violated the legal rights of a third party, Emdee will not substitute itself for a court of law in deciding tort claims raised by the third party.

ABUSE OF THE LAW:

Emdee services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; stalking; Linking to illegal material is also prohibited. Emdee reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

PORNOGRAPHY:

Pornography and sex-related merchandising, or links to such material, even if legal is not acceptable use of our servers unless prior consent to a customer has been given. Consent can only be granted to a customer by Emdee. You must contact us if you intend to use our servers for this purpose.

Abuse of Emdee Server Resources:

Running programs in the background on a Emdee server without Emdee’s prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of Emdee’s servers. Further, any usage of twenty percent (20%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds twenty percent (20%) of system resources, you will be contacted and asked to eliminate the problem. In addition, any domain that exceeds ten gigabytes of bandwidth traffic can be terminated without prior notice.

HACKING/CRACKING:

Emdee reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

OTHER BEHAVIOR:

The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please ask abuse@emdee.co.nz.

Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.

IP NUMBERS:

Emdee 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.

MONEY BACK GUARANTEE:

Should you become unsatisfied with our hosting services within the first 30 days of your account activation, Emdee will refund your hosting fees.

Domain Names: Emdee will refund domain names if cancelled within 5 days of registering, after this period no refund can be given.

LIMITATION OF LIABILITY:

Emdee shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Emdee's servers going off-line or being unavailable for any reason whatsoever. Further, Emdee 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 Emdee's servers. All damages shall be limited to the immediate termination of service.

Emdee shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Emdee reserves the right to terminate an account at any time and for any reason that causes harm to any of Emdee's customer's web sites. Emdee reserves the right to delete all content and files upon termination. Emdee reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Emdee reserves the right to refuse, cancel, or suspend service at our sole discretion.

Emdee reserves the right to change these Policies without prior notice or warning. Non-enforcement of any part of these Policies does not constitute consent.

Violations of these Policies should be referred to abuse@emdee.co.nz