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THIS IS A LEGALLY BINDING CONTRACT. IF YOU HAVE ANY QUESTIONS CONCERNING YOUR RIGHTS OR RESPONSIBILITIES UNDER THIS CONTRACT CONTACT AN ATTORNEY BEFORE YOU ORDER OR USE ANY SERVICES. Ordering a Hosting Plan or other services with U-Turn Internet Services Ltd. (hereafter “U-Turn Internet”) signifies that the Customer agrees to and abides by the following contractual provisions (hereafter "Agreement"). In consideration of U-Turn Internet's providing services to the Customer, in which the Customer agrees to timely pay for said services, which each party acknowledges as good and valuable. Both parties agree that the purpose of this Agreement is for U-Turn Internet to provide web hosting services to the customer which includes, but is not limited to, the following services: providing disk space on an internet server, allowing said disk space to be accessible over the internet, providing e-mail capability to the customer and to generally provide the customer with the services more fully described on the hosting plans web page at the time the customer orders hosting services. These hosting services may increase or decrease over time, however before any decrease in services the Customer will receive written notification of a decrease in services and be provided with either a future account credit or the ability to terminate the Agreement, whichever U-Turn Internet agrees to at the time of the decrease. There shall be no compensation of any sort past the date of acceptance of the decrease provided by U-Turn Internet at the time of the decrease of services. The Customer understands and agrees that U-Turn Internet's web portal system on offer or e-commerce web portal solution is adapted from php-nuke, which is provided to the Customer for free and released under the terms and conditions of the General Public License Agreement (GNU), hence comes with NO WARRANTY WHATSOEVER. U-Turn Internet is not responsible or liable for any harm caused by or related to this software. U-Turn Internet is under no obligation to provide support for this software's maintenance or use. The Customer agrees that Customer will abide by, at all times, all the terms conditions in the current Acceptable Use Policy located here. Failure to do so is considered a breach of this Agreement and the Customer agrees that in the event of a Customer breach due to violations of the Acceptable Use Policy the Customer shall forfeit any monies paid to U-Turn Internet as compensation for said breach in addition to all damages suffered by U-Turn Internet due to a violation of the Acceptable Use Policy. In the event the breach involves spamming, or any related activity to spamming, the Customer agrees to pay a penalty of $800.00 (U.S. Dollars) for each violation in addition to any damages caused to U-Turn Internet. The Customer acknowledges that there may be limits upon the Customer's account and that violating said limits of the account shall incur additional fees above and beyond the base price for the hosting plan. A few of these additional fees which may be charged to the Customer's account, without the Customer's prior knowledge include, but are not limited to, overages on the amount of disk space used by the Customer, overages of the transfer rate for the Customer's account, and/or using an account in violation of the current Acceptable Use Policy. Overages based upon the transfer rate will be rounded up to the next highest gigabyte for fee calculations. It is the Customer’s responsibility to be aware of the fee schedule and to monitor the Customer’s account. There is no responsibility for U-Turn Internet to notify the Customer of an upcoming overage or notification that the Customer may exceed the Customer’s limit. The Customer acknowledges that the Customer's account will automatically renew after the initial term of the hosting plan unless the Customer provides U-Turn Internet a written cancellation 20 days before the expiration of the current contract period. Under no circumstances will U-Turn Internet raise the prices of the renewal term without first contacting the Customer for the Customer's approval. The Customer may, however, terminate this Agreement at any time before the expiration of the contract period but will not receive a pro-rata refund for any portion of the hosting plan contract period not utilized. The Customer will receive a full refund, however, if the Customer terminates the account in writing within 30 (thirty) days of the initial order date of the hosting plan provided that the Customer has not violated the current Acceptable Use Policy, in which case, if the Customer has violated said policy the Customer agrees to forfeit as partial compensation for damages all monies paid to U-Turn Internet by the Customer with no possibility for refund and the possibility of spamming violation charges as previously mentioned. The Customer further acknowledges that U-Turn Internet can terminate this Agreement at any time for violations of the current Acceptable Use Policy and not provide the Customer a refund of any monies paid if the Customer has violated the current Acceptable Use Policy. If U-Turn Internet decides to terminate this Agreement for any other reason besides violations of the current Acceptable Use Policy, the Customer will receive a pro-rata refund of the hosting plan period not utilized by the early termination by U-Turn Internet based upon the amount of days left not utilized. The Customer acknowledges that if the Customer uses U-Turn Internet's services and then initiates a chargeback(s) after using services defined under this Agreement, U-Turn Internet will notify the local law enforcement office of the theft of services and will institute civil proceedings to recover the monies due under this Agreement. The Customer acknowledges that if U-Turn Internet institutes civil proceedings to recover said monies, the Customer agrees that the Customer will be liable for all court costs, and will be liable to U-Turn Internet for all attorneys' fees U-Turn Internet has to pay to proceed in the recovery of said monies. U-TURN INTERNET RESERVES THE RIGHT TO REFUSE
SERVICE TO ANYONE FOR ANY REASON NOT PROHIBITED BY LAW. U-TURN INTERNET ALSO
RESERVES THE RIGHT TO TERMINATE SERVICE TO ANY CUSTOMER FOR ANY REASON NOT
PROHIBITED BY LAW. YOU AGREE TO USE ALL U-TURN INTERNET'S SERVICES AT YOUR OWN
RISK. U-TURN INTERNET SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE AND IN NO EVENT SHALL U-TURN INTERNET BE
LIABLE FOR ANY LOSS, OR LOSS OF DATA, OR OTHER COMMERCIAL DAMAGE, INCLUDING BUT
NOT LIMITED TO SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES CAUSED BY ANY
NEGLIGENCE BY U-TURN INTERNET OR ANY SUPPLIER, PROVIDER OR OTHER BUSINESS
ASSOCIATED WITH U-TURN INTERNET. THE CUSTOMER FULLY UNDERSTANDS THAT THE
CUSTOMER IS ULTIMATELY RESPONSIBLE FOR THE BACKUPS OF ALL OF THEIR WEBSITE DATA
AND THE CUSTOMER CANNOT HOLD LIABLE U-TURN INTERNET FOR THE LOSS OF SUCH DATA. Neither party is liable for any delay or failure to
perform any of its obligations under to this Agreement if such delay or failure
is due to Force Majeure. If a delay
or failure by a party to perform its obligations is caused by Force Majeure, the
performance of that party’s obligations will be suspended. The Customer may not transfer, assign, sublease,
subcontract, sublicense, novate or otherwise part with its interest or any
right, obligation or entitlement under this Agreement without the prior written
consent of U-Turn Internet. The Customer agrees that it shall defend, indemnify, save and hold U-Turn Internet harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against U-Turn Internet, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless U-Turn Internet against liabilities, including but not limited to, the following: 1. Any injury to person or property caused by
any products sold or otherwise distributed in connection with U-Turn Internet
services; The Customer agrees that the Customer's sole remedy in the event of a default by U-Turn Internet is the recovery of the amount of money paid to U-Turn Internet by the Customer as liquidated damages and that there shall be no money paid for damages based upon negligence, tort liability, punitive damages, consequential damages and/or any attorneys' fees paid the Customer in pursuing any rights the Customer may have under this Agreement or the law. The Customer agrees that the Customer is the end user of these services and that the Customer cannot assign, sublet, resell or otherwise distribute these services to anyone else without prior written consent of U-Turn Internet. The Customer and U-Turn Internet agree that venue and jurisdiction for any disputes arising from this Agreement shall be litigated in the county of the state where U-Turn Internet's business office is currently located and all disputes against U-Turn Internet by the Customer must first go to non-binding mediation, and attempt to resolve the dispute in good faith, in the venue and jurisdiction of U-Turn Internet's business office. Failure of the Customer to attempt a good faith resolution in non-binding mediation shall prohibit the Customer from proceeding in a civil court action. This Agreement constitutes the entire Agreement between the parties. There are no other representations, either oral or written (except those mentioned herein), between the parties with respect to this Agreement. This Agreement is the result of negotiations by both parties and the authorship of this Agreement shall be neutrally interpreted and not strictly interpreted against the drafter. If a court of competent jurisdiction shall invalidate any provision or section within this Agreement such adjudication shall not render the rest of this Agreement invalid or void. This Agreement is subject to, shall be interpreted by, and governed by the laws of the New Zealand.
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GENERAL
TERMS
AND CONDITIONS |