Website Hosting

These terms and conditions apply to your use of Spark's Shared Web Hosting Service (Hosting Service).

If there is any inconsistency between the Business General Terms and these terms and conditions, these terms and conditions will prevail to the extent of that inconsistency.

Charges

The charges for the Hosting Service are available for viewing (Hosting Charge). We may change these at any time.

When you selected your Hosting Service you chose a plan size which sets limits on the bandwidth (data transfer allowance) we provide to you. Where your use of the bandwidth exceeds the limit set under your chosen plan we may charge you for such excessive bandwidth usage.

Provision of Hosting Service

We will always do our best to provide the Hosting Service in a reliable and high-quality manner. However, we do not guarantee that the Hosting Service will always operate uninterrupted or error-free. We do not make any representation or guarantee as to the suitability or legality of use of this service outside New Zealand.

You acknowledge and agree you are solely responsible for backup of your software and data including website content.

Provision of information

In addition to collecting the above information we or our service providers may monitor your bandwidth and/or disk usage and utilise technology to limit such usage to amounts ordered by you and/or to charge you for any excessive usage.

We may suspend access to your website, script or other application in the event we reasonably believe that such website, script or other application is the cause of interruptions to our provision of services to other customers. Any such suspension or termination will not relieve you of your obligation to pay any applicable Hosting Charge. In the event of any such suspension, we will notify you as soon as practicable so that you may take remedial action in order to regain access to your website, script or other application.

You acknowledge and agree that in an effort to control spam:

• we may utilise certain technologies to block incoming and outgoing email which we determine, in our sole discretion, may be spam;
• our servers will not accept connections from unsecured system (including, without limitation, open relays, open proxies, open routers or any other system that has been determined to be available for unauthorised use); and
• we may, in our sole discretion, reject connections from systems that use dynamically assigned or residential Internet Protocol addresses or from any Internet Protocol address that do not have reverse domain name records.

Your other responsibilities

• To access the Hosting Service you must have a suitable PC and internet connection. Any fees associated with your internet connection are your responsibility.
• You are responsible for the data, website content and information accessed, transmitted, processed and/or received via the Hosting Service.
• You agree to keep us protected against any legal action taken against us in connection with your use of the Hosting Service.
• You are responsible for ensuring that no unauthorised access is obtained to the Hosting Service through your use of these services. You will be entirely responsible and liable for all activities conducted through your Hosting Service whether authorised by you or not and any consequences if any person misuses your Hosting Service or fails to comply with these terms and conditions.

You represent and warrant to us that no information you provide to us in relation to the Hosting Service shall infringe any intellectual property or other legal rights of any third party

Your use of the Hosting Service

You must not use, and you must take all reasonable precautions to ensure that no one uses, your Hosting Services:

• fraudulently or in connection with a criminal offence;
• to send, knowingly receive, upload, download or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
• to cause annoyance, inconvenience or needless anxiety;
• to spam or to send or provide unsolicited advertising or promotional material or knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party; and
• in an unlawful manner, in contravention of any legislation, laws, license or third party rights or in contravention of any Acceptable Use Policy we may have in place from time to time.

As part of the Hosting Service you will be able to create your own website(s). If you do this you are responsible for the material that you or anyone else puts on your website(s). Material on your website(s) must not, and the use of it must not, in any way be unlawful

Term

All website hosting plans come with a 12 month minimum term. You may terminate this service before the end of your 12 month term, however you will still be required to pay the service’s fee for the remaining months.

Termination and cancellation

We may terminate your Hosting Service immediately if you cease to have an account with Spark. We may terminate your Hosting Service with you by giving you one month's notice.

We reserve the right to suspend, cancel, transfer or modify any Hosting Service immediately:

• in response to an order from a court of competent jurisdiction; or
• in the event our arrangements with our service provider(s) ends for any reason and we are unable, or it is no longer viable for us, to continue to provide the services.

Changes to these terms and conditions

We may change these terms and conditions at any time by giving you one month's notice.

Export laws

Individuals, organisations, and businesses located in countries subject to United States embargoes as well as any person, listed on the U.S. Treasury Department's list of Specially Designated Nationals, or listed on U.S. Commerce Department's Table of Denial Order or Entities List may not purchase the Hosting Service from us. By submitting your application form, you acknowledge that you are not such a person, organisation or business.