1- Prohibited Activities

Actions which NZ WEB IT considers inappropriate and grounds for suspension or termination of your account include, but are not limited to, the following:

A) Utilize the Services to send unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward NZ WEB IT, but also because it can overload NZ WEB IT's network and disrupt service to its Customers subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, NZ WEB IT has the absolute and sole discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

B) Using your Website to sell any goods or services that are unlawful in the location at which the content is posted or received or the goods or services delivered;

C) Utilize the Services in connection with any tortuous or actionable activity. Without limiting the general application of this rule, Customers and Users may not:

1. Utilize the Services to publish or disseminate information that
   1. Constitutes slander, libel or defamation,
   2. Publicizes the personal information or likeness of a person without that person's consent or
   3. Otherwise violates the privacy rights of any person.
   4. Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or
   5. To solicit the performance of acts or services that are illegal under applicable law.
2. Utilize the Services in connection with any other disruptive or abusive activity.  

D) Using your Website to post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information, or assistance in causing or carrying out such violence;

E) Using your Website to post any content that holds NZ WEB IT (including its affiliates), employees or shareholders up to public scorn or ridicule or would in anyway damage or impair NZ WEB IT's reputation or goodwill;

F) Using your Website to post any content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others;

G) Failing to obtain all required permissions when using your Website to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws;

H) Deleting or altering author attributes, copyright notices, or other copyright management information, unless expressly permitted in writing by the author or owner;

I) Using your Website in a tortuous manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress;

J) Introducing viruses, worms, Trojan horses, or other harmful code on the Internet; or

K) Any other act or omission that NZ WEB IT in their sole discretion determines to be unacceptable, irrespective of whether such act is reasonable.

2-Technical Prohibitions

1. Use our services, your own or others to cause denial of service attacks against NZ WEB IT or other network hosts or Internet users or to otherwise degrade or impair the operation of NZ WEB IT’s servers and facilities or the servers and facilities of other network hosts or Internet Users;
2. Post messages, images, or any other item that consumes excessive CPU time or storage space;
3. Utilize NZ WEB IT’s services to offer mail services, mail forwarding capabilities, POP accounts, auto responders or similar goods or services other than for Your own NZ WEB IT account;
4. Utilize the Services to resell access to CGI scripts or any other features installed on NZ WEB IT’s servers;
5. Utilize the services to subvert, or assist others in subverting , the security or integrity of any NZ WEB IT systems, facilities or equipment;
6. Utilize services to gain unauthorized access to the computer networks of NZ WEB IT or any other entity or person;
7. Utilize the services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
8. Utilize the services to
   1. Forge the signature or other identifying mark or code of any other person,
   2. Impersonate or assume the identity of any other person, or
   3. Engage in any other activity, including but not limited to, spoofing, to attempt to deceive or mislead other persons regarding the true identity of the User;
9. Utilize the services to conduct port scans or other invasive procedures against any server.
10. Violate any term and condition of any agreement, you, your entity or the entity you represent has with NZ WEB IT, including but not limited to the terms and conditions of the terms and conditions of NZ WEB IT’s website hosting agreement, the terms and conditions of use, the NZ WEB IT Privacy policy, the NZ WEB IT spam policy, any NZ WEB IT affiliate or reseller agreement or the mentor forum or any other agreement with NZ WEB IT, all of which are hereby incorporated by reference as Exhibits;
11. Utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.

3-Violations

A. Disclaimer. NZ WEB IT expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this AUP. NZ WEB IT has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site.

B. Reporting Non-Copyright Violations. NZ WEB IT encourages Users to report violations of this policy by e-mail to: ABUSE@NZWEBIT.COM , including in any such report the name of the offending domain (for example, abcdefg.com) and the type of abuse (for example, Spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.

C. Reporting Copyright Violations. NZ WEB IT complies with the Digital Millennium Copyright Act ("DMCA"). NZ WEB IT encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA.

D. Remedies. If NZ WEB IT learns of a violation of this AUP, NZ WEB IT will respond to the applicable Customer and may, in NZ WEB IT's sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:

• Warning the Customer
• Suspending the offending Customer from the Services;
• Terminating the offending Customer from the Services;
• Imposing fees or charges on the offending Customer account in accordance with the applicable service contract;
• Removing the offending content; and Taking other action in accordance with this AUP, the applicable service contract or applicable law.

Reservation of Rights.

NZ WEB IT reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving NZ WEB IT's Services, Customers and other Users. NZ WEB IT reserves all other rights to respond to violations of this AUP to the extent of applicable law and in accordance with any applicable contractual obligations. NZ WEB IT may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this AUP and each Customer agrees that NZ WEB IT is authorized to monitor its communications through NZ WEB IT's network for such purposes.
 

 REVISIONS TO ACCEPTABLE USAGE POLICY

NZ WEB IT may revise in its sole discretion this Acceptable Use Policy, without prior notice. Any such changes shall be posted by NZ WEB IT on its Website http://nzwebit.com/aup.htm . You shall be responsible for periodically reviewing the online Acceptable Use Policy to apprise yourself of any changes thereto. You agree to be bound by all such changes.
 

NZ WEB IT™ provides services to clients all around the world. NZ WEB IT™ has the responsibility to protect each client and provide them with the best services available. The following guidelines were designed in an attempt to ensure that we can do such.

NZ WEB IT™ will be the sole arbiter as to what constitutes a violation of these provisions.

General:
Services provided by NZ WEB IT™ may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State, or City law is prohibited.

The subscriber agrees to indemnify and hold harmless NZ WEB IT™ from any claims resulting from the use of the service which damages the subscriber or any other party.

Content:
Examples of unacceptable content include, but are not limited to:

• Copyrighted media, without authority to distribute or display
• Unlicensed applications
• Cracking programs or key generators
• Child pornography or kidnapping material
• Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation
• Terrorist propaganda, racist material, or bomb/weapon instructions
• Virus/Virii, Spyware, Malware, or other infectious material
• Material protected by trade secret or other statute

Additionally, NZ WEB IT™ prohibits:

• IRC and associated programs (including psybnc, "bots", etc...)
• Scripts commonly used for abuse, attacks, or flooding
• Threatening, harrassing, or obscene content
• Any proxies which do not require authentication (including open mail proxies, unprotected anonymous web surfing proxies, etc...)

Legal adult content is permitted on all NZ WEB IT™/Nocster™ product lines. The viewing/downloading or possession of such information/data by NZ WEB IT™ clientele is not governed by NZ WEB IT™ policy, and is at your own discretion/free-will, and may be governed by your state/federal government.

Links to unacceptable content, as defined above, are also prohibited.

Online Activity:
Any attempts to undermine or cause harm to the NZ WEB IT™ equipment, network, operations, or clientele is STRICTLY prohibited. NZ WEB IT™ will pursue legal action to the fullest extent for all abuse/violation of such.

Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of NZ WEB IT™, is prohibited.
This includes, but is not limited to:

• Denial of Service Attacks (DOS/DDOS)
• Unnecessary Port Scans
• Mail Bombing
• Unsolicited Advertising via IM, Forums, Newsgroups, Email, etc..

Bulk Email: We understand that bulk email is an important mechanism for keeping people informed. However, spamming (unsolicited advertising), from the NZ WEB IT™ network, or spamvertising (unsolicited advertising of) sites hosted on the NZ WEB IT™ network is STRICTLY prohibited.

Legitimate bulk email meets the following criteria:

1) The recipient has confirmed his willingness to be added to the distribution list of the mailing, by responding to a verification email, or, otherwise, verifiably confirming permission. (Evidence of such must be retained and available by request.)

2) Messages include: Valid headers, removal instructions, and information on the method by which the subscribed address was obtained.

All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription.

If NZ WEB IT™ approaches a client for evidence of confirmation, this request must be honoured within 48 hours.

Failure to meet the acceptable criteria for bulk mail may lead to immediate termination.

Additionally, if such actions have caused mail servers or IP address ranges on the NZ WEB IT™ network to be blacklisted, NZ WEB IT™ reserves the right to assess a $100 charge to the customer account. This fee is set to cover administrative costs associated with removal from such lists.

Please make an effort to limit outgoing mail on your account to no more than 1000 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM - 8AM EST.

Policy Violations:
NZ WEB IT™ may, at any time, audit systems for any data/activity showing potential policy violations.

Warnings: The NZ WEB IT™ Abuse Dept makes an attempt to contact the client, via email, when the first sign of a possible violation is noted. These alerts are a courtesy. Responses to such alerts are required. If an alert is received from any NZ WEB IT™ staff member, the client is responsible for acknowledging his/her understanding and citing any action planned or taken, within 24 hours of the notice. Failure to do so may lead to suspension. Repeated failure to do so may result in termination.

Note: It is extremely important to ensure that the email address on record with the NZ WEB IT™ Customer Service Dept is valid. This is the address used for abuse notifications and warnings.

Suspension/Deactivation:
If any terms or conditions are failed to be followed, the client risks service suspension or termination. NZ WEB IT™ reserves the right to remove any account, without prior notice. If NZ WEB IT™ deactivates an account for violating policy, the client will forfeit any rights to a refund. No refunds for advance payments will be granted for deactivated accounts.

Reactivation:
If a service is suspended, the client will be required to pay a reactivation fee of $75.00, and when applicable, to cover any administrative costs associated with the offense/violation, as determined by NZ WEB IT™

Unauthorized Usage:
In any case involving unauthorized parties utilizing a NZ WEB IT™ service for abuse/violations, the client will be responsible for stopping all affected applications, until the source of the problem is found and corrected. NZ WEB IT™ may opt to disable all services until the client can perform such an investigation. If the technical support of NZ WEB IT™ is required for the investigation, the client agrees to compensate NZ WEB IT™ at a rate of $65/hour for such services performed, if such services are not included in the client's current service package.

In general, the client is responsible for maintaining a secure system. This includes, but is not limited to:

• Requesting kernel updates
• Applying application patches

Additionally, NZ WEB IT™ will not be responsible for securing third-party applications.

The client is expected to monitor his/her system(s) and/or service(s). Resource usage should be maintained within the level outlined in the service contract. Abuse caused by end-users or unauthorized parties may increase resource usage and it should be noted that overage fees may apply.

Certain clientele, such as those with Maximum Admin™ fully managed support services, may be entitled to a higher level of support than those clientele with only basic management included with their service(s). The above unauthorized usage responsibilities may differ for such clientele. Further details of technical support provided can be found in the NZ WEB IT™ Managed Services Definition and Backup Policy.

Resource Usage:
NZ WEB IT™ will be the sole arbiter as to what constitutes a violation of resource usage limitations.

Bandwidth: Overage fees will apply to any service utilizing more than it's assigned bandwidth allocation, except for those services advertised/sold as "UNMETERED". Overages will be calculated based on overall amount of GigaBytes (GB) transferred in a monthly period, unless a service is sold based on Megabits per Second (MBPS). Services sold by MBPS, will be calculated via the industry standard 95% method, unless specified in contract otherwise. MRTG or other bandwidth reporting is available upon request for all services. Client is responsible for all usage, and any corresponding overages fees, that result from a service that may be hacked and/or flooding. NZ WEB IT™ may require a deposit should a client utilize/require large amounts of bandwidth beyond their standard bandwidth allocation.

Port Usage: Basic Dedicated & Co-Located servers are installed on 100MBPS unthrottled ports, unless service is sold as a specified port size (ie...10MBPS UNMETERED) or specified/requested as a capped port. NZ WEB IT™ reserves the right to monitor network usage, and if a service significantly exceeds average usage, to throttle the available speed to conserve network resources and to prevent any large billing anomalies. This will generally not include short spikes in usage, but will include, but not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If at any time any client's data transfer rate affects other NZ WEB IT™ clientele, NZ WEB IT™ reserves the right to throttle and/or disconnect the service causing such a problem.

Filtering: NZ WEB IT™ reserves the right to block/filter or throttle ports and/or ip address ranges, at its discretion. This may include, for example, blocking Port 6667 (IRC), denying access from a known-spamming IP address range, or limiting the speed of point-to-point file-sharing programs (Kazaa, Limewire, Donkey, etc...). This may also include giving priority to certain traffic types, such as Voice-over-IP (VOIP) phone call transmissions.

Unmetered: Services advertised/sold as "UNMETERED" will not be subject to bandwidth overage fees. Bandwidth is supplied from a shared pool, and is not supplied as guaranteed/dedicated bandwidth. Burstable usage of the UNMETERED service/port is permitted, however, a service that has heavy sustained usage may have their port capped or be asked to upgrade to a dedicated service plan. UNMETERED service is supplied on a "best-effort" basis---which may result in some slowdowns during peak traffic times.

Virtual Hosting: NZ WEB IT™ is pleased to offer our Virtual Hosting clientele unlimited traffic/hits and server usage. Unlimited Traffic/Hits refers to the number of visitors to your website, NOT the amount of bandwidth/data transfer. Your account is still limited to the alotted bandwidth/data transfer included with your selected package. To maintain the integrity of our service, the following usage may be limited/disallowed on Virtual Hosting service:

• Banner, graphic, or CGI scripts running from the service, and being utilized on other domains/websites
• Large graphic or download archives/galleries
• Large chat room gatherings
• Heavy system resource utilization

If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or, NZ WEB IT™ may relocate your site to a different server and/or IP address, to reduce the load on the server on which you are currently residing.

Virtual Private Servers (VPS): To maintain the integrity of our service, VPS service that utilizes heavy amounts of system resources may be required to be upgraded, or, NZ WEB IT™ may relocate your site to a different server and/or IP address, to reduce the load on the server on which you are currently residing.

Internet Access: NZ WEB IT™ does not allow multiple dial-in connections on a single dial-up access account. Multiple computers/networks are permitted to utilize a single NZ WEB IT™ Internet Access service. Internet Access clientele are responsible for maintaining/securing their computer systems, and should such become infected with a virus and/or spyware which causes/threatens harm to the NZ WEB IT™ network, NZ WEB IT™ may at its discretion suspend service until which time the source of the problem is found and corrected.

Backup Service: To maintain the integrity of our service, NZ WEB IT™ may relocate your backup service to a different server and/or IP address, to reduce the load on the server on which you are currently residing. Download/FTP sites, web-serving (httpd), and/or usage that results in heavy upstream/outgoing bandwidth consumption beyond that of normal backup operations is not permitted on the backup service. This service is meant for the backup/restore/sharing/storing of data/files, and not for usage normally performed by web/database servers.

Idle Timeouts:
NZ WEB IT™ may disconnect any idle connection to the network.
Average timeouts are:
FTP - 300 seconds
Dial-Up - 10-15 minutes
Telnet/SSH - 2 hours
 

Abusive Clientele:
NZ WEB IT™ may at it's discretion suspend or terminate service of any client that is abusive/harassing to NZ WEB IT™ and/or NZ WEB IT™ employees. Examples of such activity include, but are not limited to;

• Verbal abuse - cursing, yelling, threatening, etc...
• Ongoing disregard for warnings or notices
• Consistent mistakes/errors/changes causing unnecessary workload
• Spamming NZ WEB IT™ email addresses, ticket systems, or servers
• Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage
• Consistent late payments or responses
• Issuing a chargeback or bouncing a payment
• Continuous activation of problematic end-users
• Activity which affects the service(s) of other NZ WEB IT™ clientele