Please read this agreement in its entirety. All users of our service will be bound by this agreement.
This User Agreement (the "Agreement") governs the terms of the use by Client of services offered by ProWeb Services Limited ("ProWeb").
Client agrees to receive access to the Server services according to the following terms and conditions:
Selection of Service Plan:
Client will select one of the service plans offered by ProWeb, and agrees to receive services according to the service plan selected.
Payment for Services:
Client agrees to a one (1) month contract beginning upon ProWeb's receipt of contract or payment.
This agreement will automatically renew unless cancelled in writing 1 calendar month prior to the renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to Contract revisions.
You shall pay on invoice the amount owed within 7 days of receiving e-mail invoice / statement. All payments are required to be paid within the current month. If payment is not received within the 7 days your account will be placed on hold and a reconnection fee of $10.00 will apply.
Compliance with Law:
Client will use the services offered by ProWeb in a manner consistent with all applicable local, state and federal laws and regulations.
While ProWeb maintains weekly file back up, ProWeb is not responsible for Client's files residing on ProWeb's servers. Client is solely responsible for independent backup of data stored on ProWeb's servers.
Prohibition of Publication of Certain Material:
Client shall not knowingly or unknowingly submit to ProWeb for publication any of the following material (including pictures, links, or any other content):
(a) any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;
(b) any material that is libellous or slanderous;
(c) any material which is or contains anything obscene, pornographic, or offensive including links to such material; or
(d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings.
Due to the public nature of the Internet, all material submitted by Client for publication will be considered publicly accessible. ProWeb does not screen in advance Client's material submitted to ProWeb for publication. ProWeb's publication of material submitted by Client does not create any express or implied approval by ProWeb of such material, nor does it indicate that such material complies with the terms of this Agreement.
DISCLAIMER OF WARRANTIES:
PROWEB'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROWEB SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROWEB BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROWEB HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROWEB'S SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROWEB SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO PROWEB FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
Limitation/Disclaimer of Liability:
ProWeb is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilise. ProWeb does not represent or warrant to Client that Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall ProWeb be liable to Client for any damages resulting from or related to any failure or delay of ProWeb to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond ProWeb's control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.
Client agrees to defend, indemnify and hold ProWeb harmless from and against any and all claims, losses, liabilities and expenses (including lawyers' fees) related to or arising out of the services provided by ProWeb to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by ProWeb, but excluding those related to the negligence of ProWeb.
Resale of ProWeb's Service:
If Client acts as a "reseller" of the services provided by ProWeb to Client hereunder, by Client providing similar services to its customers, then all the terms of this Agreement shall provide to the resale. Without limiting the foregoing, Client's obligations under Section 8 ("Indemnity") shall apply to any and all claims made against Client and/or ProWeb which arise out of the resale of ProWeb's services.
This Agreement shall be governed by the laws of New Zealand.
The Consumer Guarantees Act 1993 may apply to any services we provide to you if you acquire these services for personal, domestic or household use. If this act applies, all rights you may have under it apply in addition to the rights you may have in this agreement. Nothing in this agreement will limit or exclude your rights under this act.
Where you acquire or hold yourself out as acquiring our services for the purpose of a business, then you agree that the provisions of the Consumers Guarantee Act 1993 will not apply to our service or the provision of any other services to you.
This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.
Relationship of the Parties:
The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.
If any state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by ProWeb to Client under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then ProWeb may pass the direct amount of such cost on to Client, and Client shall promptly pay such cost.
ProWeb maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.