Please read this document carefully before using the services that we provide. It constitutes a legal agreement between you and Compunet Group Ltd ("Compunet", "we" or "us"). By purchasing any of the web hosting or domain name services that we provide, you indicate your acceptance of these terms and conditions.

Content Policies

• All services provided by Compunet may be used for lawful purposes only. Transmission, storage or presentation 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 that is threatening or obscene, material that is with "adult only" content, or material that is protected by trade secrets or other statutes.
• Pornography and sex-related merchandising are prohibited. This includes sexual content or direct links to adult content hosted elsewhere. Sites, promoting any illegal activity, violence or content that may be damaging to our servers or any other server, or links to such sites are also prohibited.
  
• Examples of non-acceptable content or links are: Pirated software or MP3 files, Hackers programs or archives, Warez Sites, Any form of pornography, Spamming Software.
• Compunet will be the sole arbiter as to what constitutes a violation of our acceptable content provisions.

Disk Space

• Compunet will monitor the customer's disk usage and if it exceeds the usage agreed upon, we shall have the right to take corrective actions. Such corrective actions may include assessment of additional charges, discontinuance of service, or termination of this agreement without refund.

Refund Policy

• Compunet offers an unconditional 30-day money-back guarantee on hosting services. If the customer wishes to cancel a hosting account within the initial 30-day period for any reason, he/she must notify Compunet via e-mail to This email address is being protected from spam bots, you need Javascript enabled to view it and the payment will be promptly refunded.
  
• If a domain was registered through us, the domain registration fee is non-refundable. As you are the sole owner of the registered domain name, arrangements can be made to transfer its registration to another provider.
  
• Compunet does not offer any partial or prorated refunds after the initial 30-day money-back guarantee period.
• If a customer disputes a setup / renewal charge for any account, we will not re-activate the service, unless the customer covers all fees involved, including the chargeback fee and any other transaction fees.
• Accounts terminated due to policy violations will not be refunded.

Dispute Resolution Policy

• In case of an ownership dispute, Compunet reserves the right to be the sole decision maker in settling the dispute. There are several guidelines, based on which Compunet will decide who is the rightful owner of the disputed hosting account or domain name:
  
• By default, Compunet will grant ownership to the person, who paid for the hosting account. If the purchase was made by credit card, the holder of the respective credit card will be considered the owner. If the purchase was made by bank transfer, cheque or some other similar way, the respective sender of the funds covering the purchase of the account will be considered the owner. Compunet reserves the right to confirm the identity of the owner by contacting him/her by e-mail or telephone, in the same order of preference.
• If the identity of the credit card holder or the sender of the funds as discussed above cannot be confirmed, Compunet will attempt to determine the owner in other ways, which include but are not limited to investigation of log files, investigation of the content hosted under the respective hosting account or domain name, and investigation of the sequence of annual payments for the disputed service.
• In case of death or serious disability of the original owner, that prevent him/her from continuing to manage the hosting account or the domain name purchased, Compunet may grant ownership to another person or organization, if enough proof is presented about the original owner's condition, and based solely upon the investigation that Compunet will undertake about this issue.
• We will consider a court decision overruling in case of ownership dispute, and will always comply with such a decision.

Lost Login Information Policy

• In case the customer has lost the hosting account or domain name login information, he/she can request it to be sent to the contact e-mail address for the respective service.
• If the contact e-mail address is outdated or incorrect, the customer should contact This email address is being protected from spam bots, you need Javascript enabled to view it , who will conduct an investigation of the issue, and assign a new proper contact e-mail address. In this case, the dispute resolution policy may be applied.

Traffic Guidelines

• Sites that go over their traffic limit will be charged additionally, in accordance with the characteristics of the plan purchased ($10 per additionally generated GB with the Gold plan, or $6 with the Platinum plan). In case of failure to cover the fees incurred by traffic overusage, Compunet reserves the right to take corrective actions such as discontinuance of service, or termination of this agreement. In case Compunet takes corrective actions under this provision, the customer shall not be entitled to a refund of any fees paid in advance.
  

Chat Rooms

• Running and linking to IRC servers or IRC bots and clients such as Eggdrop, ircii, etc., is strictly prohibited.

Background Running Programs

• Programs running in the background are not allowed.

Resource Usage

• To maintain the integrity of our shared hosting services, we have several special per-user resource limits in place. These include, but are not limited to:
• Memory limitations: Customers using shared hosting services will be able to use only a certain portion of the total available memory on the server.
  
• CPU usage limitations: Scripts that take too much real CPU time will be terminated.
• Simultaneous script execution limitations: Customers will be able to run only a certain amount of CGI scripts simultaneously. Whenever this limitation is triggered, execution of subsequent CGI script requests via the web will be delayed. A nice error message will be displayed to the visitor's browser, and the script will try to reload after 5 seconds.

Proxy Software

• We do not allow running of proxy software on our servers.

Distribution and/or Transmission of Obscene or Indecent Speech or Materials

• Violation of indecency and obscenity laws can result in criminal penalties.

Intellectual Property Rights

• Materials, accessible to the customer through Compunet's services, may be subject to protection under New Zealand or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when exclusively permitted by the owner of such rights, the customer may not use Compunet's services in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which the customer accesses or receives through Compunet's network. If the customer uses a domain name in connection with Compunet's service, he/she may not use that domain name in violation of any third party trademark, service mark, or similar rights.
  

Network Security

• Customers may not use Compunet's network in an attempt to circumvent user authentication or security of any host, network or account. This includes but is not limited to: accessing data not intended for the customer, logging into a server or account the customer is not exclusively authorized to access, password cracking, probing the security of other networks in search of weaknesses, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host or network. This includes, but is not limited to: flooding, mail bombing or other deliberate attempts to overload or crash a host or network. Compunet will fully cooperate with investigations of violations of systems or network security. This also includes cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
  

Defamation

• Defamatory speech distributed over the Internet can result in civil liability for the defamer.

Spam or Unsolicited Email

• The customer may not use Compunet's network, Compunet's equipment or Compunet's e-mail service in connection with the transmission of spam, flames, mail bombs, or similar unsolicited e-mail messages. The customer's domain may not be referenced as originator, intermediary or reply-to address in any of the above. This prohibition fully extends to sending of unsolicited mailings from another service that in any way mentions your domain name or implicates the use of the Compunet's network, Compunet's equipment or Compunet's e-mail services. A message is considered unsolicited if it is posted in violation of a newsgroup charter, or if it is sent to a recipient without his/her prior consent. For purposes of this provision, merely making one's e-mail address accessible to the public will not constitute a request or invitation to receive messages.
• In case sufficient evidence is presented about any violation of this provision, Compunet reserves the right to disable the customer's account without prior notice. For the purpose of acquiring such evidence, Compunet will use various techniques, including but not limited to: closely inspecting all spam reports sent to Compunet's anti-abuse department ( This email address is being protected from spam bots, you need Javascript enabled to view it ), searching the logs of Compunet's mail servers, and scanning the server space for popular "spamming" applications. Compunet will be the sole arbiter as to what would be considered sufficient evidence.

Abuse

• Any attempt to undermine, slander, libel, threaten or cause harm to Compunet's customers, employees and property, or to the company directly, is grounds for immediate termination without refund. In addition, any such attempts will be prosecuted to the fullest extent of the law.
  

Indemnification

• You agree to indemnify, defend and hold harmless, Compunet, its subsidiaries and other affiliated companies, its officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable lawyers' fees, resulting from any violation of these Terms of Use.
  

Legal Disclaimer

• Compunet, at its sole discretion, may change these terms and conditions at any time. By using Compunet's services the user agrees that Compunet may: (1) revise these terms and conditions; and (2) change the services provided. Any such revision or change will be binding and effective immediately on posting of the revised terms or change to the service(s) on Compunet's web site, or on notification to the customer by e-mail. The customer agrees to review Compunet's web site, including these terms, periodically to be aware of any such revisions. If the customer does not agree with any revision, he/she may terminate the services at any time by notifying This email address is being protected from spam bots, you need Javascript enabled to view it . Notice of the customer's termination will be effective on receipt and processing by Compunet. The customer agrees that, by continuing to use Compunet's services following notice of any revision to this Agreement or change in service(s), he/she abides by any such revisions or changes.

Refusal of Service

• Compunet reserves the right to refuse hosting for insecure applications that could be, for instance, utilized by an attacker to gain unauthorized access to the server and/or execute applications with the privileges of the customer that has uploaded the insecure application in question. Customers are responsible for keeping their applications up-to-date, checking for security issues with the application vendor, and updating to the latest secure version that is available. In the event that an insecure application is installed on the hosting account of the customer, Compunet reserves the right to disable access to it, or, if deemed necessary, to the hosting account in its entirety. This will be with the exclusive purpose of preventing damage to the customer and to the other customers hosted on the same server, and may be done with or (in case of emergency) without prior notice.
  
• Compunet reserves the right at its sole discretion to refuse or cancel service. Violation of any of Compunet's Terms could result in a warning, suspension, or account termination. Submitting fake personal information can also be grounds for suspension or termination.

Limited Liability

• The provisions of the Consumer Guarantees Act will only apply if the services provided by us are not used for business or commercial purposes.
• THE CUSTOMER AGREES THAT COMPUNET GROUP LIMITED SHALL NOT BE LIABLE FOR ANY:
  
• (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES AND WEB HOSTING SERVICES.
• (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES AND WEB HOSTING SERVICES.
• (3) INTERRUPTION OF COMPUNET'S SERVICES OR INTERRUPTION OF THE CUSTOMER'S BUSINESS.
• (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO COMPUNET'S WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS THE CUSTOMER EXPERIENCES IN RELATION TO THE SERVICES OFFERED BY COMPUNET.
• (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND COMPUNET'S CONTROL.
• (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION.
• (7) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORISED USE OR MISUSE OF THE CUSTOMER'S ACCOUNT
• (8) APPLICATION OF THE DISPUTE POLICIES. COMPUNET ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF COMPUNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  

Governing Law and Miscellaneous

• This agreement shall be governed by and construed in accordance with the laws of New Zealand.
• Nothing in this agreement shall derogate from whatever rights at New Zealand law, if any, you may have.