Web & Database Hosting Terms & Conditions

By using Computer Craft Limited’s (trading as 'Computer Craft') hosting services you are agreeing to the following terms and conditions. We take the security of our servers seriously and aim to avoid any disruption of hosting service for our clients.

Lawful Use

All services provided by Computer Craft may be used for lawful purposes only. Transmission or storage of any information, data or material in violation of any New Zealand law is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret or other statute. You agree to indemnify and hold us harmless from any claims resulting from the use of the service that damages you or any other parties.

NOTE: Pornography and sex-related merchandising are prohibited on any Computer Craft server. Computer Craft will be the sole arbiter as to what constitutes a violation of this provision.

NOTE: Spamming, or the sending of unsolicited email, from a Computer Craft server or using an email address that is maintained on a Computer Craft machine is strictly prohibited. Computer Craft will be the sole arbiter as to what constitutes a violation of this provision.
Your Privacy

Here at Computer Craft we take your privacy seriously and will only use your personal information to administer your account and to provide the products and services you have requested from us.

We undertake to take due care your personal information, however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
Network Access

Any access to other networks connected to Computer Craft must comply with the rules appropriate for that other network.
Payment

Payment is due upon receipt of invoice. All payments must be in New Zealand dollars and must be able to be withdrawn at a New Zealand bank. Accounts are in default if payment is not received within 30 days after date of invoice. If a subscriber’s cheque is returned by the bank as unredeemable, you will be deemed to be in default, and will be liable for a “returned cheque” charge of $25.00. Computer Craft reserves the right to change the rate by notifying you not less than 15 days in advance of the effective date of the change.
Accounts in Default

Accounts in default are subject to a late payment charge of $25 and an interest charge of 1.5% per month on the outstanding balance. If you default, you agree to pay Computer Craft its reasonable expenses, including solicitor and collection agency fees, incurred in enforcing its rights under these terms and conditions.
Non-Payment

Accounts unpaid 30 days after date of invoice may have their service interrupted. Such interruption does not relieve you from the obligation to pay the amount outstanding.
Data Retention

All files, information, database structures, database records and mail under your account will be preserved for 60 days from the date the payment is due. If the payment is not received after 60 days, all files, information and mail under the account may be deleted. If you wish to use the service again, you must re-apply as a new subscriber. For this, an activation fee will be required.
Data Deletion

You agree that Computer Craft has the right to delete all data, files or other information that is stored in your account if your account with Computer Craft is terminated, for any reason, by either Computer Craft or you.
Account Access

System accounts cannot be transferred or used by anyone other than you without prior permission from Computer Craft.
Backup Recovery

Depending on the time frame concerned, the recovery of customer backup data may incur a fee to cover Computer Craft time and/or associated costs.
Login Sessions

No more than one login session may be used at any time by you or any system account. If you have multiple accounts, you are limited to one login session per system account at any time. User programs may be run only during login sessions. Accounts which have been transferred to other parties or show other activity in violation of this clause are subject to immediate cancellation.
Account Suspension

Computer Craft shall have the right to suspend service to you at any time, and for any reason, without notice. If such a suspension is to last for more than 2 days, you may be notified as to the reason. Account suspension will not be activated without good reason (such as an account been hacked or corrupted).
Service Cancellation

Services provided by Computer Craft may be cancelled in writing at any time by either party without penalty provided one-month notice is given in writing. Any monies paid in advance for the cancelled services is non-refundable. Associated fees like Domain Registration and/or email hosting costs is also non-refundable.
Service Provision

If you request that Computer Craft provide services not delineated herein any time during the 30-day period and thereafter, you agree to pay Computer Craft’s price for such services in effect at the time such service was rendered.
Data Control

Computer Craft exercises no control whatsoever over the content of the information passing through Computer Craft’s servers.
Copyright and intellectual property

You guarantee that all elements of text, images or other artwork you provide are either owned by you, or that you have permission to use them. We reserve the right to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books.
No Warranties

Computer Craft makes no warranties of any kind, whether expressed or implied, for the service it is providing. Computer Craft also disclaims any warranty of merchantability or fitness for a particular purpose. Computer Craft will not be responsible for any damage suffered. This includes loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions. Use of any information obtained via Computer Craft is at your own risk. Computer Craft specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Exclusion of Liability
1. Any defect in the services or in their maintenance shall not entitle you to immediate cancellation of this agreement.
2. Without limiting the other terms of this agreement, your sole remedy against Computer Craft shall be limited to breach of agreement and Computer Craft’s sole and total liability for any such claim shall be limited to, at our option, either the re-supply of the services or the amount of our charges for the period during which the breach allegedly occurred.
3. Subject only to our liability for breach of agreement (if any) pursuant to clause 18 (b) above, we will not be liable to you for any claim for breach of agreement, breach of statute or breach of duty in tort (including negligence) or for any claim in equity or otherwise at law for any losses or damages whether general, exemplary, punitive, direct, indirect or consequential (including any claim for loss of profits) however caused which may be suffered or incurred by you or any third person or which may arise directly or indirectly out of or in respect of this agreement or the services (or its maintenance) or by reason of any act or omission on our part to comply with our obligations under this agreement.
4. Notwithstanding anything herein contained or implied no employee, agent or director of Computer Craft will be liable to you for any breach of duty or care in agreement, tort, equity or otherwise in relation to the performance of obligations under this agreement or in relation to the subject matter of this agreement.
5. To the maximum extent permitted by law, all terms, warranties or representations, whether statutory or otherwise and whether express or implied, oral or written as to the state, merchantability, quality, fitness for purpose or fitness of our services and their maintenance are hereby excluded.
6. If you are in business the provisions of the Consumer Guarantees Act 1993 do not apply to our services and this agreement.
7. This clause shall survive termination of this agreement.
Relationship of the Parties
1. You warrant you have not relied on any representation made by or on behalf of Computer Craft which has not been expressly stated in this agreement, or upon any publicity material or brochures produced by or on behalf of Computer Craft.
2. This agreement constitutes the complete and exclusive understanding between the parties in relation to the subject matter hereof and supersedes all prior agreements, proposals, communications and representations made by either of us (whether oral or written) and this agreement may only be modified if such modification is in writing and signed by a duly authorized representative of each party. This agreement shall prevail over any inconsistent terms and conditions in any other agreement between the parties whether in correspondence or otherwise and any conditions or stipulations to the contrary are hereby excluded and extinguished. Except as otherwise expressly stated in this agreement, neither party has any other responsibility or obligation to the other.
Non-Waiver

Failure by either of us to enforce any right or obligation with respect to any matter arising in connection with this agreement shall not constitute a waiver as to that matter or any other matter either then or in the future. Any waiver of any right or obligation under this agreement shall only be of any force and effect if such waiver is in writing and is expressly stated to be a waiver of a specified right or obligation under this agreement.
Agreement Provisions

Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.
Terms & Conditions Acceptance

These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of Computer Craft’s service constitutes acceptance of these Terms and Conditions.

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