Hosting Terms and Conditions of Service
OPERATIVE CLAUSES
1. Definitions
For the purposes of this Agreement the following words have the following meanings assigned to them:
“Us”, “We” and “Our” means Dori Media.
“Customer”, “You” and “Your” means the Registrant.
“DNC” means the office of the Domain Name Commissioner.
“GDPR” means General Data Protection Regulation.
“Privacy Policy” means the privacy policy from time to time adopted and followed by Dori Media and posted on its official website.
The “Service” means the provision of Dori Media services including but not limited to: web hosting, domain name registration and registrar services by Dori Media, virtual private server hosting, SSL certificates and labour.
The “Agreement” means Terms and Conditions and the details on the Application for an account.
The “Users” refers to the Customer’s employees, agents, affiliates and customers.
2. Application and Variation of these Terms
These terms and conditions are the terms on which Dori Media provides the Service to the customers, modified only by any written variation between Dori Media and the Customers in any particular case. The terms so modified constitute the agreement in its entirety and supersede all prior agreements. Dori Media may modify these terms, the pricing structure for the Service and the operation of the Service by notice to (the last email address provided to Dori Media by) the Customer.
Dori Media retains the right to refuse service to anyone at any time.
3. Charges
a) The Service is a automatically renewing subscription payable in advance.
b) Payments can be made by Bank Transfer, Cheque, Visa, Mastercard, American Express and Diners.
c) If the Customer chooses to pay by credit card, the card will be securely stored and used for processing future payments including renewals, overuse charges, labour and upgrades. Notification of all charges will be provided via email at least 7-days in advance, or in lieu of advance notice will require written confirmation of acceptance from the customer. Upon request, cards will be removed from the Dori Media billing system.
d) The Customer must pay for all Service charges and other amounts incurred by the Customer or its Users or incurred as a result of any use of the Customer Password (whether authorised or not) in accordance with the billing option selected. In addition, the Customer may be liable for all charges and expenses incurred by Dori Media resulting from any security breach or attack or customer error that involves Customer hardware, software, or network configuration, including IP addresses.
e) The Customer is liable for all overuse on their account and must pay all service overuse charges as they arise.
f) Dori Media reserves the right to upgrade accounts that regularly exceed their quota, where this is a lesser charge than overuse. In the event of an upgrade, Dori Media will provide 7-days written notice of the change and any fees that may apply. Customers can downgrade accounts at any time once usage has been reduced.
4. Customer Costs
The Customer must provide and pay for all equipment and related software and services needed to access or utilise the Service at their own cost.
5. Payment of Accounts
Invoices are sent by email to the last email address provided to Dori Media by the Customer.
a) Payment for all service is due upon the invoice due date. The Customer must pay all amounts billed in accordance with the billing option selected by the Customer. Any questions regarding the charges on an account must be addressed within 14 days of the billing date. Where a charge is in dispute the Customer may withhold the disputed portion whilst it is investigated but non-disputed charges may not be withheld.
b) No credit terms are given, all accounts must be paid by the due date.
c) Accounts with an overdue balance may be suspended without further warning. Suspended accounts may not be altered or closed until full payment is received.
d) Suspended accounts may be sent to Dori Media’s debt collection agency without further notice. Any expenses incurred in the recovery of debt, including but not limited to legal and debt collection costs, shall be payable by the Customer.
Dori Media will endeavour to notify by email where an account is overdue and facing suspension, however no responsibility is accepted for the successful receipt of email messages.
6. Security Deposit
Dori Media may require the payment of a security deposit before providing, or as a condition of continuing the Service, and may use the security deposit to meet any costs, loss or liability incurred by the Customer. When the Customer has fully performed his or her obligations, Dori Media shall return the outstanding balance of the security deposit, without interest.
7. Credit Checks Privacy Consent
The Customer consents to Dori Media obtaining credit reports and information containing personal information (as well as information concerning commercial credit worthiness and activities) for the purpose of assessment by Dori Media of an application for credit (whether commercial or personal) or for the purpose of the collection of payments that are overdue.
8. Privacy
Dori Media will not reveal, sell, or in any way divulge information about the Customer or the Internet usage of the Customer to any individual, business, marketing, or research group without prior consent of the customer or without legal warrant.
9. Publication at Customer’s Risk
The Customer accepts responsibility for all information and material issued by the Customer over the Service, and indemnifies Dori Media against any liability in relation thereto. In particular the Customer undertakes that it shall not publish, distribute or issue any information that is illegal, including defamatory or copyrighted materials. The Customer also acknowledges that Dori Media does not vet or approve, and therefore does not accept any liability for any information or material available through any service. To the full extent permitted by law the Customer accesses and uses such information and material at his or her own risk.
10. Provision of Service
Dori Media endeavours to provide continuous uninterrupted service at all times; however the Service provided to the Customer is not fault-free and relies on factors outside the control of Dori Media. The Service is provided to the Customer at such times and means as Dori Media decides.
11. Exclusion of Liability
Except as provided in clause 12 Dori Media is not liable to the Customer or any other person for:
a) any cost, loss or liability (including loss of profit or other consequential damage) arising from Dori Media’s supply or failure or delay in supplying Service including as a result of our own negligence.
b) the content, context, or confidentiality of any communications made using the Service. Dori Media does not provide support for third party software, including software downloaded from the Internet.
12. Limitation of Liability
Except as provided below, all terms, warranties, undertakings, inducements and representations, written or verbal, express or implied, relating to the provision of any Service or goods are excluded and Dori Media will not be liable for any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) in respect of any Service inclusive of any software material hosted or designed by Dori Media. However, Dori Media’s liability for any breach of such implied term or warranty will be limited at Dori Media’s option in accordance with this clause or in any way permitted by the legislation.
13. Breaches
The Customer shall indemnify Dori Media against any loss (including any loss of profit) incurred by Dori Media as a result of any breach of the terms of any agreement with Dori Media including damages in respect of any period up to and including the date of actual termination (including termination under clause 16).
14. Indemnity
The Customer shall indemnify Dori Media against all claims, expenses, damages, loss of income or other liabilities arising directly or indirectly from using the Service.
15. Termination
Either party may terminate a non-fixed term agreement with written notice. Any balance owing on an account must be paid prior to closure. After reasonable notice is given Dori Media may terminate any agreement of the provision of any Service if:
a) the customer breaches any term of any agreement; or
b) for any other reason by giving you one month’s notice.
All outstanding charges become immediately payable on giving of such notice and in no circumstances shall the Customer be entitled to any refund of payments made under this Agreement. Normally, we will charge a $55.00 cancellation fee to cover Administration charges in the process of a refund.
Upon the request of the Customer for termination or due to an Dori Media procedure, all customer data, email, back-ups and configurations will be deleted from our servers.
16. Suspension of Service
Dori Media may from time to time (without notice, for reasons other than non-payment, reasonable notice will be given when possible) suspend any Service or disconnect or deny the Customer access to any Service:
a) during any technical failure, modification or maintenance involved in the Service although Dori Media will endeavour to procure the resumption of the Services as reasonably practicable; or
b) if the Customer fails to comply with any agreement (including failure to pay charges due, having been notified of the overdue amount) until the breach (if capable of remedy) is remedied, or does, or allows to be done anything which in Dori Media’s opinion may have the effect of jeopardising the operation of any service.
Notwithstanding any suspension of any Service under this clause the Customer shall remain liable for all charges due through the period of suspension. An account that is suspended may not be altered or closed until full payment on any outstanding balance is received.
17. Information Received
Except as otherwise expressly permitted in writing, no person may reproduce, redistribute, retransmit, publish or otherwise transfer or exploit any information which they receive regarding the Service in any way which is to be used for purposes which are or could be competitive with the Service.
18. Assignment
The Customer cannot assign its rights under the agreement without the prior written consent of Dori Media. Dori Media may transfer our rights and responsibilities under this assignment to another party with 30 days’ written notice to you.
19. Governing Law
This Agreement is governed by the laws of New Zealand and the parties submit to the jurisdiction of the New Zealand Courts.
20. Acceptable Use
Users of Dori Media are expected to adhere to all the policies of Dori Media, available in writing upon request.
While spamming and port scanning may not currently be fully illegal activities in New Zealand, Dori Media does not support or condone these activities without the express consent of the recipient or administrator of the recipient system.
The Dori Media servers may be used only for lawful purposes. Users may not use Dori Media’s Network in order to transmit, distribute or store material (a) in violation of any applicable law, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or (c) that is obscene, threatening, abusive, hateful or otherwise defamatory.
Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited.
In addition any site selling or promoting bulk email services is not allowed.
Examples of non-acceptable content or links include: pirated software, hacker programs, warez sites, IRC bots and file archives (such as audio/video).
Dori Media will be the sole arbiter as to what constitutes a violation of this provision.
21. Credit Card Data
Dori Media does not permit the storing of credit card data (in any format) on its servers. It is the customers sole responsibility to ensure they are compliant with their merchant agreements, Dori Media is not responsible for identifying card data or notifying customers of compliance issues.
22. Server Abuse
Any attempts to undermine or cause harm to a server is strictly prohibited.
23. Scripts
Customers are free to use any CGI/PHP/ASP (not an exhaustive list) Scripts provided with their account or add any additional ones they require. Any scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. Script sharing with Domains not hosted by Dori Media is not allowed.
23. (a) Scripts that are adversely affecting server performance may be stopped, reset or fixed by Dori Media staff at a cost to the customer as an alternative to shutting down a web site. Labour will be charged up to $120 without prior authorisation at Dori Media’s discretion where it is deemed to be the less harmful option to the customer (e.g. shutting down a site late evening, where the customer may not be aware of the problem until the following day).
24. Background Running Programs
Background Daemons in general are prohibited. Virtual Private Servers (VPS) accounts are not prohibited from running Background Daemons.
25. Spam
Dori Media’s servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames or mail bombs. Your Domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam to include any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your Domain.
We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy.
As such, any violation will result in immediate deactivation of services without refund.
26. Client Content, Back-ups and Data Loss
Dori Media performs backups of Shared Hosting (Standard Hosting and Reseller Plans) content on a daily basis. Dori Media makes every effort to ensure that these back-ups are valid. Dori Media assumes no liability for any information published to any server including all customer web site content, related files, backup files, databases or mail belonging to any customer hosted at Dori Media. Back-up arrangements for client content for any frequency other than the standard backup frequency must be made by written contract and acceptance by Dori Media and any such contract will be subject to premium monthly charges. Dori Media backups VPS for the purpose of disaster-recovery and makes no warranty as to the availability of backups of individual files.
Dori Media assumes no liability for lost content if a hardware or system failure occurs and data maintained on the affected servers cannot be recovered from the most recent backups. Access to your own customer content is provided to the Customer at any time. It is the sole responsibility of the account owner to ensure that they maintain their own backup copy of any materials placed on Dori Media Servers, or of any database maintained on any server operated by Dori Media in the event Dori Media is unable to restore customer content from backup.
AT NO TIME SHALL DORI MEDIA ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.
27. Resale of Services
Any Customer reselling Dori Media’s Service agrees that:
a) there is no direct relationship between Dori Media and the Customer’s Users;
b) the Customer will not refer their Users to Dori Media for support;
c) the Customer will ensure its Users understand who to contact for User support;
d) this agreement otherwise also applies to the Customer’s Users.
28. IP Addresses
Dori Media maintains control and any ownership of any and all IP numbers and addresses that may be assigned to the Customer and reserves the right to change or remove any and all IP numbers and addresses.
29. Notices
All notices under this agreement shall be given to the last known e-mail address of the Customer, either the address on the Application or as advised by the Customer to Dori Media at any time after the Customer enters into this agreement. The Customer shall ensure that it keeps Dori Media informed of the current and active e-mail address of the Customer.
30. Each Clause Separately Binding
Each clause of the agreement you have with us is separately binding.
31. Rights and Responsibilities that Continue
The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards.
32. More Than One Person
You are responsible for everybody who you permit to act for you as a User. We will take reasonable care to satisfy yourself that you have permitted those persons to act for you.
33. Law and Jurisdiction applying to this Agreement
Unless we otherwise agree in writing, this Agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of the services are provided or where you reside. This will be the case until this agreement is cancelled except to the extent clause 16 says otherwise.
To that extent legally permitted:
33.1 All our services are provided under New Zealand law;
33.2 Any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you;
33.3 Except as otherwise stated, you may take action against us only in New Zealand Court;
33.4 Where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you.
34. Cancelling the Agreement
34.1 We may cancel or suspend this agreement by giving you one month’s notice if you do not meet your duties to us except in the event that we take action under clause 7 or 8.
34.2 We may end the agreement for any other reason by giving you one month’s notice.
35. More than One Person
You are responsible for everybody who you permit to act for you as a registrant. We will take reasonable care to satisfy our self that you have permitted those persons to act for you.
36. Each Clause Separately Binding
Each clause of the Agreement you have with us is separately binding.
If for any reason we, you, or any of the persons specified in clause 7 cannot rely on any clause, all other clauses of it are binding.
37. Rights and Responsibilities that Continue
The cancelling of any Agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under 2, 5 – 11, 13 – 14, and this clause 15.
38. Privacy Option
38.1 Registrants who are individuals are able to elect a privacy option (if this option is elected, and the Registrant is eligible, the only contact information displayed in the results returned from a Query (refer Section 22) is the name, email and country. Detailed address and phone information will be withheld (“Withheld Data”) and not be displayed.
38.2 Registrants are able to elect the privacy option at the time of registering the domain name or at any later time. Registrants are able to change their selection at any time through their Registrar.
38.3 To be eligible for the privacy option, Registrants must be
38.3.1 Natural person (“individuals”) and
38.3.2 Not using the domain name to any significant extent in “Trade” as that term is defined and used in the Fair Trading Act 1986.
This agreement was last updated 3rd February 2019.