POLICIES

Restricted Content

Client is expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Client is expected to use his/her account for the purposes of maintaining a website only. Common sense is the best guide as to what is considered acceptable use.

kiwihost.com forbids websites with adult graphic content (softcore and/or hardcore), including, but not limited to, banners advertising any adult website(s), child pornography, and distribution of adult website passwords. Client's whose accounts are found in violation of this policy may, at the discretion of Kiwihost.com, have their account(s) terminated without notice.

All types of music files are not allowed. This also includes providing links to music files.

Publish material which consists of any form of occult, illegal activities, obscene and offensive language, racism and hate speech, violence, phishing, scams, plagiarism, hacking, stolen internet content, Malware, Spam URL's or other unacceptable content as determined in the sole and exclusive discretion of Kiwihost .


Sites promoting, or providing links to, any kind of the following activities and materials are also not allowed:


Indemnity

The Customer agrees to indemnify, defend and hold Kiwihost and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable solicitor's fees related to the Customer's breach of this Agreement.


Notwithstanding anything else in the Agreement, Kiwihost shall not be liable to the Customer for loss of profits, contracts, loss of reputation, loss caused by any third party deleting, removing, deactivating or tampering with the Kiwihost Service or other indirect or consequential loss whether arising from negligence, breach of contract or howsoever.

The Customer shall immediately indemnify Kiwihost against all proceedings, fees, expenses, payments, liabilities, injury, costs and damages arising out of:
 

(a) The breach by the Customer of any of its obligations under the Agreement; and

(b) Any express or implied warranties, representations, confirmations or acknowledgements that are given by the Customer which are untrue or misleading.

The Customer agrees that Kiwihost shall not be liable to the Customer for any force majeure event being any situation (other than a failure to pay money due to the other party) in which Kiwihost fails to comply with its obligations under the Agreement due to anything beyond its reasonable control.

The Customer agree that Kiwihost.net.nzt shall not be liable to the Customer for loss arising from or in connection with any representations, agreements, statements or undertakings made prior to the date of execution of the Agreement other than those representations, agreements, statements or undertakings confirmed by a duly authorised representative of Kiwihost in writing or expressly incorporated or referred to in the Agreement.

This Agreement represents the entire understanding between Customer and Kiwihost, regarding Customer's relationship and supersedes any prior statements or representations. 



Adult

Copyrighted content without permission of owner.
Illegal Content

Client's whose website promotes activities that violate federal, state, local laws and/or violation of U.S. export restrictions are also not welcome at Kiwihost.com. This includes "warez" sites (freely distributing copyright programs), or sites promoting hacking and/or cracking programs. Client's whose accounts are found in violation of this policy may, at the discretion of Kiwihost.com, have their account(s) terminated without notice.

Sites whose primary purpose is for file distribution or mirroring of a site are strictly prohibited.

IRC Bots, or any other automaton programs written in C, Perl or IRC-script used specifically in conjunction with IRC are not allowed. These programs tie up system resources and are in no way related to maintaining a website. Clients are not allowed to have any programs, including but not limited to, Eggdrop, or any other IRC-related programs, within their account. Client agrees not to upload the tar file for any of these programs or to execute them within their account. The first violation of this policy will result in the IRC-related program to be removed from the Client's account and Kiwihost.com will notify the Client immediately of the violation. The second violation of this policy may, at the discretion of Kiwihost.net.nz, result in the Client's account(s) being terminated without notice.

Simply put, we ask that you use your account for the purposes of hosting a non-adult oriented, legal website.

Kiwihost.net.nz RESERVES THE RIGHT NOT TO ACCEPT ANY OTHER TYPE OF CONTENT NOT LISTED ABOVE WITHOUT GIVING EXPLAINATION. A NOTICE OF ACCOUNT DEACTIVATION WILL BE GIVEN 7 DAYS BEFORE IT IS DEACTIVATED. ANY WEB HOSTING FUNDS COLLECTED FROM CLIENTS WILL BE PAID BACK TO THEM IMMEDIATELY IF THIS RIGHT IS USED BY Kiwihost.net.nz.


E-mail/Spam Policy


Spamming is the sending of unsolicited e-mail, regardless of size or volume, to persons the sender does not know or have prior consent to send the message to. Using fictitious e-mail addresses @Kiwihost.com or any domain name hosted with Kiwihost.com is strictly forbidden. Spamming also includes sending unsolicited advertisements to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user. A violation of this policy extends to clients who send unsolicited e-mail from a domain name not affiliated or hosted with Kiwihost.net.nz but the mail message makes mention of a website hosted with Kiwihost.net.nz.

Kiwihost.net.nz allows clients to send mailings to subscribers of their own mailing list. Such mailings must have explicit instructions to the recipient on how to remove his/her name from the list, and all requests to do so must be honored immediately. Client agrees not to send mailings to lists provided by an outside agency or individual. Client further agrees not to provide mailing list services to others. Due to the nature of a shared-server environment, Kiwihost.net.nz requests that mailing lists be sent during non-peak hours, specifically between the hours of 1:00 am and 5:00 am, Central Time. Kiwihost.com reserves the right to terminate a client's mailing program, whether provided by Kiwihost.net.nz or not, immediately and without notification to client if said list causes a problem with the e-mail services of other clients. Kiwihost.net.nz also reserves the right to forbid a client from utilizing any mail-sending program that jeopardizes the mail services of other clients.

Providing spamware or spam related programs is strictly prohibited. Additionally, clients may not have e-mail lists available for download on the site.

Due to the consumption of system resources and overloading of the e-mail server, Kiwihost.com forbids the use of the Gossamer Links program by any client.

Trolling, the posting of outrageous messages to generate numerous responses, is also not allowed. Mailbombing, the sending of multiple messages without significant new content to the same user and/or subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system is strictly forbidden. Kiwihost.net.nz reserves the right to determine what constitutes abuse of this policy. Clients whose accounts are found in violation of this policy may, at the discretion of Kiwihost.net.nz, have their account(s) terminated without notice. Sites closed for violations of this policy will not be reinstated under any circumstance.

Copyrighted Materials


It is the responsibility of the client to ensure that all information within their account is their own work. Due to distribution rights of shareware programs, clients may not distribute freeware software programs unless the programs are their own work. Clients agree to indemnify Kiwihost.com of any possible litigation involving trademark or copyrighted materials.

Client agrees not to modify any copyright notices in features (Perl programs, etc.) provided by Kiwihost.com. Modification of scripts provided by Kiwihost.net.nz without written permission is strictly prohibited.

Excessive Usage


Client agrees to take all responsibility for all programs including CGI scripts executed under their account. Programs that consume an excessive amount of CPU run time or Random Access Memory (RAM) are not permitted. Client agrees and understands that such excessive use can have an adverse effect on the performance of the webserver. Client agrees to accept responsibility for programs executed under his/her account, regardless of who authored the program. The use of cgi or html chat scripts or pages is strictly prohibited. Kiwihost.net.nz reserves the right to suspend accounts without notice to clients who violate these terms. Kiwihost.net.nz has sole discretion over what constitutes excessive usage.


Note: Kiwihost.net.nz may at any time, revise the Acceptable Uses Policy with advanced notice given to clients. Renewal of a virtual server with Kiwihost.net.nz constitutes acceptance to all modifications to the Acceptable Uses Policy.

Disclaimer


Kiwihost.net.nz WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Kiwihost.net.nz MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Kiwihost.net.nz DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTURRUPTIONS CAUSED BY Kiwihost.net.nz AND ITS EMPLOYEES. Kiwihost.net.nz RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION

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