Terms and Conditions of
a) This agreement is required to obtain and maintain service with
MRM Hosting. It acts as protection for both MRM Hosting and its customers, to prevent misunderstandings, and to provide the framework for a legal recourse in the
event of a dispute or violation.
b) MRM Hosting services may only be used for lawful purposes. Transmission or solicitation of any material which violates
national &/or international laws which may apply in
our local jurisdiction or your local area, is prohibited. This includes material which is obscene, threatening, harassing,
libellous, or a violation of intellectual property laws. PORNOGRAPHIC
& WAREZ SITES ARE STRICTLY
c) You agree to indemnify and hold harmless
in any legal action which arises as a result of your use of our services, without limitation or
d) MRM Hosting makes no warranties or representations of any kind for the services being offered, including warranties of merchantability or fitness for
any purpose. You agree not to hold MRM Hosting responsible for any loss you suffer as a result of using our services, including but not limited to loss
resulting from service delays and incomplete or interrupted service, regardless of cause. However,
MRM Hosting agrees that any complete service interruption in excess of 24 hours may justify a refund or credit to its customers for the appropriate amount, but that no further compensation will
be made. Scheduled outages and account suspensions do not count towards our refund policy.
e) You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification
procedures, obtaining access beyond that which you are authorised for, and impairing the availability, reliability, or quality of service for other
customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at
f) You agree that the security of your account or server is
your own responsibility. You further agree that if you believe the security
of your account or server has been compromised in any way, you will notify
immediately. You agree that if you become aware of
misuse of your account or server, and do not notify MRM Hosting, you will be held responsible for that misuse.
g) You agree not to transmit unsolicited or prohibited advertising through electronic mail or inappropriate Usenet
postings through MRM Hosting's Server services. You specifically agree
that the use of MRM Hosting's services for transmission or
intended destination of unsolicited mass mailings or postings (commonly known as "Spam") will cause your services to be terminated
immediately and without warning, and that you will be held legally responsible for
any and all damages to MRM Hosting, both monetary and in reputation, as well as hourly fees for reading the complaints which may arise.
h) You agree that we have the right and responsibility to fully cooperate in any legal investigation regarding any aspect of our services, including
services sold to you.
i) You agree that backup of files is your responsibility
and that MRM Hosting is in no way responsible for the loss of, or for saving or returning any data,
files or directories stored on the server for/to the Client.
j) This agreement supersedes any written, electronic, or oral communication you may have had with
MRM Hosting or any representative thereof, and constitutes the complete and total agreement between the parties.
k) Violation of any of the terms and conditions of this contract may result in the immediate termination of your services with
MRM Hosting, at our discretion. Criminal or civil prosecution may result in extreme cases.
a) Your personal and/or
You agree to supply a current and truthful name, postal
and billing address and telephone number for our records. Financial
information that is collected is used for billing purposes only. Personal information held by
us may include your name, date of birth, current and previous addresses,
telephone/mobile/fax phone number(s), e-mail address(es), bank account or credit card
details, occupation, login name and passwords. We also hold
details of your web hosting services, including their status. If you choose not to provide
personal information, we may not be able to provide you with the services
you require, or the level of service on which we pride ourselves.
b) How we collect personal
MRM Hosting collects personal
information in a number of ways, including:
- directly from you, when you
provide information by phone or in documents such as an application form;
- from third parties such as
our related companies, credit reporting agencies or your representatives;
- from publicly available
sources of information; from the organizations identified below under �When we disclose your personal information�;
- from our own records of how
you use our services;
- or when legally required to do so
c) How we use your personal
Your personal information
may be used in order to:
- provide the services you require;
- administer and manage
those services, including charging, billing and collecting debts;
- inform you of ways the services provided to you
could be improved
- conduct appropriate
checks for credit-worthiness and for fraud;
- research and develop
- gain an understanding
of your information and communication needs in order for us to provide you
with a better service; and
- maintain and develop
our business systems and infrastructure, including testing and upgrading of
Your personal information is
also collected to promote and market other services which we consider may be
of interest to you. If you do not wish us to contact you regarding other
services please email us at [email protected]
d) When we disclose your
For the purposes set out above we may
disclose your personal information to organizations outside MRM Hosting. The
organizations to which we disclose information include:
- outsourced service
providers who manage the services we provide to you, including:
- customer enquiries;
- mailing systems;
- billing and debt-recovery functions;
- information technology services;
- installation, maintenance and repair
- marketing, telemarketing and
door-knocking services; and
- market research;
- your representatives
(eg. your authorised representatives or legal advisers); � credit-reporting and
- credit providers for
credit related purposes such as credit�worthiness, credit rating, credit
provision and financing;
- our professional
advisers, including our accountants, auditors and lawyers;
- government and
regulatory authorities and other organizations, as required or authorised by
- organizations involved
- a transfer/sale of all or part of our
assets or business (including accounts and trade receivables);
- and managing our corporate risk and
funding functions (eg. securitisation);
- other telecommunication
and information service providers; and
- our related businesses.
e) Help us to ensure we hold
accurate information MRM Hosting
takes all reasonable precautions to ensure that the personal information we
collect, use and disclose is accurate, complete and up-to-date. However, the
accuracy of that information depends to a large extent on the information
you provide. That�s why we recommend that you:
- let us know if there
are any errors in your personal information; and
- keep us up to date with
changes to personal information such as your name or address.
f) You can access your personal
You have a right to access
your personal information, subject to some exceptions allowed by law. If you
would like to do so, please let us know. You may be required to put your
request in writing for security reasons.
MRM Hosting reserves the right to
charge a fee for searching for and providing access to your information.
a) Client agrees to a monthly, quarterly or
yearly contract, and signifies such agreement by acknowledgement in
the account set-up form or subsequent written agreement. A month is considered to be a calendar
month. All accounts are effective 1st of the month. The date at which a
new account becomes active shall be the date upon which notification is sent
to the client of the IP number of the Client server, regardless of a new
Domain Name being applied for or transfer of an existing Domain Name to the
b) The first three months fees for a Domain Name account, plus
set-up charges (if applicable), and
registration fees (where applicable), shall be due prior to account activation.
If an account is established within the first seven days of a month then the full
monthly fee will apply. Accounts established after this period will be charged
a pro rated amount for the first month plus the following two months in full.
c) This agreement will automatically renew for successive single monthly,
3 monthly or yearly periods unless
cancelled in writing at least thirty days prior to the monthly renewal date. Client will receive an invoice
via Email for hosting charges on or about the 1st of the month and payment is due
20th of the month. Renewal prices
are subject to change. Renewal of services by client indicates agreement to
any and all changes in the Terms & Conditions (this document).
d) (1) Accounts which are overdue
by 28 days will have an overdue fee of $10.00 added to the invoice.
(2) Accounts which remain unpaid 7 days after this will be suspended & a reactivation fee of $25.00 added to the
outstanding invoice. The hosting account will be suspended until
payment in full is received.
e) MRM Hosting reserves the right, in its sole discretion, to deactivate
or suspend the Client's account(s) upon an indication of credit problems
including delinquent payments. In such case MRM Hosting is not responsible for saving or returning any data, files or directories stored
on the server for/to the Client.
f) MRM Hosting reserve the right to
increase charges at any time. Such increases will be advised at least one
month prior to invoicing.
a) Client is not allowed to resell the storage and/or
transfer services provided by MRM Hosting unless the express permission of
MRM Hosting is sought.
Software & other properties
a) Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the
MRM Hosting's services. MRM Hosting makes no
representations, warranties or assurances that Client's equipment will be
compatible with MRM Hosting's
b) IP Numbers: MRM Hosting 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.
c) System Data Backups:
Full backups are made weekly, and backups of new/changed data made nightly. No
guarantees are made of any kind, either expressed or implied, as to the
integrity of these backups. Backups are made for server restoration purposes
only. It is the clients� responsibility to maintain local copies of their web
content and information. If loss of data occurs due to an error of MRM Hosting , MRM Hosting will attempt to recover the
no charge to the client. If data loss occurs due to negligence of client in
securing their account, by an action of the client or due to hacking MRM Hosting
will attempt to recover the data from the most recent archive for a fee
a) Client certifies that he or she is at least 18 years of age.
These include spamming
(sending unsolicited commercial email, as defined by the
New Zealand Spam Act 2003) through the customers hosting account which
is provided provided by MRM Hosting ; mailbombing (inundating a user
with email without any serious intent to correspond). Distribution of
mass emailing programs is also prohibited. If you are not sure if your actions will be
in violation, please ask first [email protected].
b) 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. MRM Hosting 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 any customer.
Where there are allegations that a customer�s on-line activity has violated
the legal rights of a third party, MRM Hosting will not substitute
itself for a court of law in deciding tort claims raised by the third party.
MRM Hosting reserves the right to report illegal activities to any
and all regulatory, administrative, and/or governmental authorities for
c) Abuse of the law:
MRM Hosting�s 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; 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.
MRM Hosting 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.
d) Other Behaviour:
The following examples
of unacceptable behaviour 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 [email protected]
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.
e) Privacy of
Due to the public nature
of the Internet, all information should be considered publicly accessible, and
important or private information should be treated carefully. MRM Hosting is not liable for protection or privacy of electronic mail or other
information transferred through the Internet or any other network MRM Hosting or its customers may utilise. Client hereby agrees to indemnify and hold
harmless MRM Hosting from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's
a) Client expressly agrees that use of MRM Hosting 's service is at Client's sole risk.
MRM Hosting, its employees, affiliates, agents, third party
information providers, merchants, licensers or the like, cannot warrant that
the MRM Hosting's service will not be interrupted or
error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the
accuracy, reliability or content of any information service or merchandise contained in or provided though the
MRM Hosting Server service, unless otherwise expressly stated in this Agreement.
b) Client hereby agrees that any material submitted for publication by
MRM Hosting through Client's account(s) will not contain anything
leading to an abusive or unethical use of the server product(s) or the host server(s). Abusive or unethical materials and uses include,
but are not limited to: pornography, obscenity, violations of privacy, computer viruses, any harassing and harmful material or
uses, any illegal activity or material(s) advocating illegal activity, and any infringement of privacy or libel.
c) Client hereby agrees to indemnify and hold harmless
MRM Hosting from any claim resulting from Client's publication of material or
use of those materials. MRM Hosting may or may not give notice before deactivating the use of an account(s) which
MRM Hosting decides
is an abusive or unethical use of, or a potentially illegal use of the Server account(s) or host server(s). In such case
MRM Hosting is not responsible for saving or returning any data, files or directories stored on the server for/to the Client. Client hereby agrees to
indemnify and hold harmless MRM Hosting for any claim resulting from the submission of illegal materials.
d) Under no circumstances, including negligence, shall
MRM Hosting, its officers, agents or anyone else involved in
creating, producing or distributing MRM Hosting's service be
liable for any direct, indirect, incidental, special or consequential
damages that result from the use of or inability to use MRM Hosting 's services; or that results from mistakes, omissions,
interruptions, deletion or loss of files or data, errors, defects, delays in
operation, or of performance, whether or not limited to acts of God,
communication failure, theft, destruction or unauthorised access to MRM Hosting 's records, programs or services.
e) Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort
including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement
and any reasonable attorney's fee and court costs.
a) Client agrees that it shall defend, indemnify, save and hold
MRM Hosting harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorneys' fees, ("Liabilities") asserted against
MRM Hosting, agents, its clients, servants, officers and employees, that may
arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or
b) Client agrees to defend, indemnify and hold harmless
against Liabilities arising out of (i) any injury to person or property
caused by any products or services sold or otherwise distributed in connection with
MRM Hosting's Server service; (ii) any material supplied by Client
infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Server.
Agreement may be terminated by either party, without cause, by
giving the other party 30 days written notice.
b) MRM Hosting
may at its sole discretion, cancel an account at any time if, in its opinion,
the client has failed to abide by this agreement. In such case MRM Hosting shall be entitled to all reasonable costs and expenses of such enforcement including collection fees, court costs, and attorney's fees.
c) If the account is cancelled without due
notice by the client, MRM Hosting may remove the hosting account
from its servers. In such case MRM Hosting is not responsible for
saving or returning any data, files or directories stored on the server for/to
the Client. MRM Hosting will be entitled to payment for the month
in which the account was cancelled. If the account has been paid for in
advance MRM Hosting may, at its discretion, provide a refund or
partial refund of the balance of the credit minus admin costs.
a) A full
refund is given within 30 days of an application & acceptance of an
account and or upon completion of work done if the customer is not
satisfied with the service or work performed.
30 days no refund is given for the cancellation of a hosting account.
and the remainder of the term of the account minus the used portion
of the account will be given. The used portion is calculated at the
maximum monthly cost. Original setup fees & administration charge of
$100 also apply.
is no refund given for design or other work performed after the 30
registered with the relevant authorities, we cannot issue refunds on
a) Acknowledgement and acceptance of this agreement is required for an account to be
MRM Hosting. By signing-up for hosting services you indicate that you have read, and understand, this service agreement in it's
entirety and agree to be bound by it's content for the duration of an active
or inactive account.
b) This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this
Agreement thereto are agreed to by the
both parties upon renewal of services.
Effective 1 Jan 2005
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