Part A Service Details

The Vodafone Netsite Hosting Service is a shared web hosting service providing hosting and Internet connectivity for web content. The Service provides the following:

Maximum email size for mail relay purposes is limited to 2MB per message.

Excess disk storage charges.

• $4 per month for 5MB
• $35 per month for 50MB
• $250 per month for 500MB

*Please note that all files stored on the Netsite Web Hosting server will count towards your disk space allocation, these files can include, but are not limited to database files, log files, image files and other webpage content files.
GST is payable in addition to the charges shown above.

Part B Specific Terms

1. You will, at all times:
   1. comply with, and ensure that anyone else who uses the Vodafone Netsite Hosting Service complies with these terms and conditions, Vodafone’s Business Terms, our Acceptable Use Policy (which is available at http://www.vodafone.co.nz/about/legal-stuff/terms/clearnet-acceptable-use/) and such other system operating procedures, instructions and acceptable use requirements as we may notify you of from time to time;
   2. avoid using the Vodafone Netsite Hosting Service for any unlawful or offensive act;
   3. be responsible for the content and quality of any material that is contained within any web-site that may be hosted by us for you as part of the Vodafone Netsite Hosting Service;
   4. avoid using the Vodafone Netsite Hosting Service to publish or distribute any information, software or other material, which is unlawful or which a reasonable person would consider offensive, abusive or defamatory.
   5. avoid using the Vodafone Netsite Hosting Service to gain or attempt to gain unauthorised access to any computer systems or in a manner that infringes the rights of any person;
   6. take all reasonable care (in accordance with industry accepted standards of best practice) to prevent the spread of viruses, or contamination by virus, of any software or hardware operated by any other person on the Internet, our system included; and
   7. be responsible and liable for any use of the Vodafone Netsite Hosting Service by any other person (including any charges associated with that use).
2. If we receive a complaint and form our own opinion to the effect that you are, or may reasonably be said to be, in breach of the usage rules contained in clause 1 of these terms and conditions then we may:
   1. require you to edit the material in question or we may edit that material ourselves;
   2. delete the material in question;
   3. suspend the Vodafone Netsite Hosting Service for an indefinite period; or
   4. treat that as a material breach for the purposes of clause 12.3 of Vodafone’s Standard Terms for Business Customers.
3. We may allocate you a password to enable you to use the Vodafone Netsite Hosting Service. If we do so you:
   1. must maintain the security of that password;
   2. must change your password at regular intervals, and at any time upon request by us;
   3. must advise us as soon as you become aware of any misuse or breach of security in relation to your password; and
   4. will be liable for any use (authorised or unauthorised) of the Vodafone Netsite Hosting Service by any person using your password, including any charges associated with that use.
4. In the event of an interruption in the Vodafone Netsite Hosting Service that is caused by a fault in our servers, we will take all reasonable measures to restore the Vodafone Netsite Hosting Service as soon as possible. We are not responsible for fixing faults that occur because of faults in your Equipment or because you have used the Vodafone Netsite Hosting Service incorrectly or because of any other event beyond our reasonable control, including, but not limited to, problems with the Internet. We are not responsible if and to the extent that any of your Equipment is damaged in any way through or as a result of your use of the Vodafone Netsite Hosting Service.
5. We will take all reasonable measures to back-up your data that is hosted on our servers however we will not be liable in any way for any loss or removal of any data belonging to you, from our servers or system.
6. We are not responsible in any way for the content (including its development and any errors in its code) or quality of the material contained or included within your web-site(s) or that you may obtain from the Internet as a result of your use of the Vodafone Netsite Hosting Service.
7. We may perform routine maintenance of our hosting server between 4am – 7am every Wednesday. At this time the Vodafone Netsite Hosting Service and your website may be unavailable.
8. Provision of Downloadable Raw Access Logs, free of charge, will be limited to the most recent two months. If you require Downloadable Raw Access Logs for a period earlier than two months before, a service charge may apply. Notwithstanding anything in this clause, Vodafone will not be responsible if Downloadable Raw Access Logs older than 2 months are not available.
9. Live Stats reporting is provided on a best endeavours basis. We will not be responsible for any omission or error in this information.
10. The Vodafone Netsite Hosting Service does not include registration of domain name(s) for use in connection with the Vodafone Netsite Hosting Service. You will be responsible for organising any associated DNS changes.
11. You agree that you will be responsible for the purchase of any additional software (that is not already provided free of charge by Vodafone) required to properly run your website. Vodafone reserves the right, at its discretion, not to install and run any additional software that you may require.
12. You will be responsible for purchasing any Secure Socket Layer (“SSL”) certificates should your website require SSL encryption.
13. You acknowledge that you have no ownership interest in the physical hardware used to store the contents of your website.
14. You agree that you may not access executable files through FTP.
15. You agree that we can collect information about you and the ways in which you are using the Vodafone Netsite Hosting Service from the records that are generated within our systems and equipment when you use the Vodafone Netsite Hosting Service.
16. Notwithstanding any other provision contained in this agreement, you agree to indemnify us, and keep us indemnified, against all loss, cost, damage or expense resulting from any claim made against us by any third party as a direct result of your use of the Vodafone Netsite Hosting Services, including material that is generated or disseminated by you through use of the Vodafone Netsite Hosting Services.