SupaWeb is a New Zealand registered company, also known as SupaWeb Limited, agrees to furnish services to the Subscriber/Client subject to the following Terms of Service (TOS).
Client is required to adhere to these terms of service and the associated AUP. In the case of a breach of any of these conditions, SupaWeb reserves the right to terminate the offending account without prior notice or refund. Any changes made to this document, and AUP by SupaWeb shall not be grounds for early contract termination or non-payment.
Disclosure to Law Enforcement
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Client agrees that SupaWeb may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Client. In addition, SupaWeb shall have the right to terminate all service set forth in this Agreement.
Payment & Refund
Client agrees to pay SupaWeb the necessary subscription fee based on the hosting plan and billing terms subscribed to. All sales are final to all delivered services and we provide NO REFUND unless otherwise stated or advertised in a non-expired promotion, proof must be presented. It is considered delivered services upon Client's use of provided account user name and password to access our network & services. SupaWeb shall only provide full or partial payment refund when SupaWeb failed to deliver Client ordered hosting services within 2 working days after receipt of payment. SupaWeb reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. All fraudulent payment and filing of payment disputes/chargebacks will be subjected to immediate termination of your account/service as you are deemed to have not paid for the service.
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to understood by the Subscriber. Subscriber is aware that SupaWeb may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon SupaWeb achieving and maintaining its cost of service goals including but not limited to rates charged to SupaWeb by its suppliers.
You agree to provide SupaWeb with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail, and street address, or telephone and fax number, or any other information that you provide to SupaWeb in order to receive or to continue receiving services. Further, you agree to provide with updated contact information within a reasonable period of time following the change in circumstance that creates the need for updated information, providing false or misleading information shall result in immediate account termination with no refund.
Invoicing for Service renewals
SupaWeb shall send invoice and payment reminder at least 10 days before due date unless custom arrangement has been mutually agreed.
Provision of Services
SupaWeb will provide Client with the Services ordered that are described in the Hosting Package/Features after passing preliminary examination and validation of Client's provided details and payment by our automated fraud detection system or manually by our staff within the maximum period of no more than 2 working days. All suspected fraudulent orders shall be subjected for immediate account termination. SupaWeb reserves the right to refuse any Client and or withdraw any hosting plans, feature and specifications as advertised by providing at least 2-days written notice to affected Clients.
Client must submit service cancellations by opening a ticket through our client portal or using the portal's service cancellation request at least 7 days but not more than 30 days before the end of the service's billing cycle. Cancellation requests are not accepted through phone, email, fax, or any other method besides through opening a ticket through our client portal. You must have all account information to cancel an account. Only the authorized account holder may cancel the account. In the event of cancellation, Client will automatically be billed for any excess bandwidth usage during the then-current monthly billing cycle. All terminated accounts that doesn't undergo to proper account cancellation procedure will be totally blacklisted from accessing our websites and shall be deemed as undesirable Client with no possibility of requiring any services with us in the future.
Suspension of Service
SupaWeb shall suspend all provided services before or after 48 hours of accounts overdue and will be automatically subject to service termination within further 24 Hours unless otherwise prior arrangement has been mutually agreed. Repeated suspension due to overdue invoices may result in $10 late fee and or $15 reconnection fee. If a service is suspended due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. All services suspended due to violation of terms of service (TOS) on second offence will be liable to pay $5 reactivation fee.
Harassment and Abuse
SupaWeb does not tolerate abuse of any kind towards its staffs. This includes all verbal harassment, yelling, swearing, rudeness, threats, and any intentionally disruptive behavior directed at SupaWeb or any of it's staff or agents. Client agrees to engage us in a professional manner whether in email, helpdesk tickets, live chat, forums, or on the telephone. Any abuse will be construed as a violation of this Terms of Service agreement. No refunds will be provided for any service termination which arises as a result of a violation of this clause.
Digital Millenium Copyright Act (DMCA)
It's SupaWeb's policy to comply with DMCA. All notices are dealt with extreme importance. We will give the Client no more than 24 hours to review and comply with DMCA takedown request. Failure to comply will result to suspension of Clients service(s). Subsequent violations will require payment of at least $5 administrative fee before re-activation of Clients service. We reserve the right to immediately terminate your service for copyright infringement violations.
SPAM and Unsolicited Commercial Emails (UCE)
SupaWeb takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over the network(s) used by SupaWeb. Simply put this means that Clients of SupaWeb may not use or permit others to use our network to transact in UCE.
Clients of SupaWeb may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam. we reserve the right to occasionally sample bulk email being sent from servers.
Violation of SupaWeb's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, SupaWeb will initiate an immediate investigation (within 48 hours of notification). During the investigation, SupaWeb may restrict Client access to the network to prevent further violations. If a Client is found to be in violation of our SPAM policy, SupaWeb may, at its sole discretion, restrict, suspend or terminate Client's account. Further, SupaWeb reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. SupaWeb may notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an account suspension will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of at least $25.00 and or immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $100.00 per hour that SupaWeb personnel must spend to investigate the matter. Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the Client. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
All IP addresses which are assigned to Client must be justified per ARIN Guidelines at http://www.arin.net/policy/nrpm.html. If it is determined that IP addresses which have been assigned to Client are not being used in accordance with these guidelines, they may be revoked.
Client agrees that bandwidth usage shall not exceed the number of gigabytes per month for the services ordered by Client. SupaWeb shall have the right to take corrective action if Client's bandwidth usage exceeds the amount allocated by Client's service plan ("Allocation"). Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this agreement, which actions may be taken is in SupaWeb's sole and absolute discretion. SupaWeb believes in communicating with our clients and will try to work with our clients to resolve any overage issues before taking action which could cause a client's service to become unavailable. Bandwidth usage is measured on a monthly basis coinciding with Client's billing cycle. Both incoming and outgoing traffic are counted.
In the event that a Client exceeds the included allocation, SupaWeb may, at its sole discretion, collect applicable deposit amount per GB for the projected overage for the month, immediately against Client's credit card on file with SupaWeb. Client agrees to pay SupaWeb any additional fees for bandwidth overages within 3 days of the invoicing period at a applicable rate per GB of bandwidth used over the Allocation. Any bandwidth overage bill not paid within three (3) days of invoicing will subject the server and services to suspension. Unused bandwidth allocations cannot be carried over to future months, or applied to other servers.
SupaWeb agrees to provide reasonable technical support unless otherwise the service is "unamaged/self-managed server hosting" by email or support ticket to Client during SupaWeb's normal technical support hours. SupaWeb will provide Client support by telephone if the Client purchased telephonic support time. SupaWeb's support responsibility to all unmanaged/self-managed hosting services Client is limited to hardware and network related issues. SupaWeb does not extend it's support service to third party clients or clients of our clients.
Client is responsible for backing-up their data, we are not responsible for all data loses if Client don’t provide their own data back-ups unless otherwise they subscribed to any of our back-up services.
System and Network Security
Users are prohibited from violating or attempting to violate the security of the SupaWeb. Network. Violations of system or network security may result in civil or criminal liability. SupaWeb will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
-Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
-Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
-Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
-Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
-Taking any action in order to obtain services to which such User is not entitled.
Rights to the Web Site and Content. With the exception of any Third-Party Materials and Background Technology, Client or copyright owner owns the Client Content."Client Content" means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Client to SupaWeb. "Third-Party Materials" means any content, software, or other computer programming material that is owned by an entity other than SupaWeb, and licensed by SupaWeb or generally available to the public, including Client, under published licensing terms, and that SupaWeb will use to display or run a Web site. SupaWeb owns the rights to the design of the web site. If a Client stops paying the monthly fee for the hosting service upon cancellation the Client is not entitled to use or access the service for any purposes what so ever.
Limited License to the Background Technology. "Background Technology" means computer programming/formatting code or operating instructions developed by or for SupaWeb and used to host or operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs thatlink multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background Technology does not include any Client Content. Client may not duplicate or distribute any Background Technology to any third party without the prior written consent of SupaWeb. All rights to the Background Technology not expressly granted to Client hereunder are retained by SupaWeb. Without limiting the foregoing, Client agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.
Limited License to Content. Client hereby grants to SupaWeb the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit Web site, any Client Content, or any Client Marks provided to SupaWeb hereunder, solely for the purpose of rendering SupaWeb' Services under this Agreement or by providing data backup service. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.
Content Standards & Copyright Protection
Content Standards. Client agrees not to provide Client Content, and SupaWeb will not intentionally provide to Clients any content, that (a) infringes on any third party's intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens' rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Client is international, then Client agrees to comply with all applicable local and national laws. SupaWeb reserves the right to refuse any other subject matter it deems inappropriate.
Any advertised unmetered/unlimited means fair-use and without hidden or extra data charges, it is provided in good faith and under “as-is” basis, therefore we would not tolerate abuse that will affect the operations of our own and our provider’s network and services. We reserve the right to discuss with you your upgrade options or terminate your unmetered services and or charge you for excess usages if found not in accordance with our TOS and AUP. You are free to use any unmetered/unlimited services anyway you like as long as it is within our AUP.
Except as expressly provided in this Agreement, the Services are provided "as is," and SupaWeb expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that SupaWeb will not be liable for any temporary delay, outages or interruptions of the Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by SupaWeb to a Client will be deemed accepted when delivered.
Client agrees that SupaWeb's failure at any time to enforce any of the provisions of this TOS or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this TOS. The exercise by SupaWeb of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice SupaWeb from exercising thereafter the same or other rights, remedies, or options.
You agree that SupaWeb is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other occurrences beyond its control whether or not similar to those listed above. Assignment Neither this TOS nor any of the rights, interests or obligations hereunder may be assigned by the Client (whether by operation of law or otherwise) without the prior written consent of SupaWeb. SupaWeb may assign this TOS without the consent of Client. Subject to the foregoing, this TOS shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and permitted assigns.
Limitation of Liability.
SupaWeb's LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY Client TO SupaWeb DURING (1) MONTH PERIOD BEFORE THE ACTION AROSE. SupaWeb SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SupaWeb HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Client ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, SupaWeb WOULD NOT ENTER INTO THIS AGREEMENT.
Compliance with Applicable New Zealand Laws
Terms and conditions are governed by the New Zealand and any dispute under them shall be subject to the jurisdiction of the Courts of New Zealand.
We reserve the right to refuse service to anyone at any time for any reason. SupaWeb is not responsible for data integrity on equipment reclaimed for non-payment. You, as SupaWeb's client, are solely responsible for the content stored on and served by SupaWeb's service. Anything not explicitly stated in this TOS is subject to interpretation at SupaWeb's sole and absolute discretion.