REGISTRATION FORM AND SUBCRIPTION AGREEMENT
The terms set forth below (the “Terms of Service” or “Agreement”) govern your use of Etown New Zealand Services Ltd (the “Service”). By using or operating the Service, you expressly agree to be bound by this Agreement and to follow all its terms and any applicable laws and regulations governing the Service. If you do not agree with any of the following terms, your sole recourse is not to use the Service.
” Etown New Zealand Services Ltd “, ” Etown New Zealand ” or other variations of “the Company”, “We”, “Us” and “Our” refer specifically and exclusively to Etown New Zealand Services Ltd, with its principal place of business at 36, Kelvin Street, Invercargill 9810, New Zealand. “User,” “End-user,” or “Customer” means the person or organization who ordered Etown New Zealand ‘s services and includes other users authorized on the Customer’s account and employees, contractors and volunteers using the Customer’s services. “Hosting services” refers to any of the Internet hosting services marketed and provided by Etown New Zealand unless other meaning is expressly specified in text. “Internet” means the collection of routers, servers, websites and service providers which constitute the public Internet beyond Etown New Zealand ‘s internal network services and hosting platform. “Agreement” or “TOS” or “Terms of Service” means this Terms of Service document unless otherwise expressly specified. “Content” means information such as but not limited to data, text, software, music, sound, photographs, graphics, video, messages and similar material materials. When gender specific pronouns are used, the same terms of service applies equally to the other gender or business entity – likewise uses of the plural refer equally to the singular and vice versa.
Description of services
Website subscription is an online service, which allows you to have a website within the parameters specific to your plan.
Integration with hosting platform; ownership of websites
The websites created by Etown New Zealand are built on and integrated with Etown New Zealand ’s hosting platform, and any attempt to migrate or otherwise transfer any such website to another hosting provider is a violation of this Agreement.
Except for the content provided by you, the websites created by Etown New Zealand belong to Etown New Zealand Services Ltd, and all such websites (including all copies thereof) are subject to copyright, trademark, patent, and other intellectual property laws of the New Zealand and foreign countries. Etown New Zealand grants you a restricted license in the website for the duration of your Website subscription. Cancellation of your Website subscription for any reason terminates your license to the website thereafter. You agree to prevent any unauthorized copying of the websites created by Etown New Zealand . Unless otherwise specifically provided in this Agreement, no right or license under any copyright, trademark, patent, or other intellectual property right or license is granted by this Agreement. Etown New Zealand reserves all rights not expressly granted herein.
By uploading content for your website, you grant Etown New Zealand an unrestricted license (i) to use the content for the purpose of including in your website, and (ii) to display screenshots in marketing materials, or in other manners as determined by Etown New Zealand in its sole and absolute discretion. In addition, you represent and warrant to Etown New Zealand that (a) you have all necessary rights to distribute such content, either because you are the author of the content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the content, and (b) you do not violate the rights of any third party. As used herein, “content” shall include without limitation any text, software, widgets, applications, scripts, source code, API, photographs, illustrations, images, graphics, sounds, music, audio, video and interactive features (and the trademarks, service marks and logos contained therein). You acknowledge and agree that content you upload into Website may be immediately available. Content provided may also be cached for up to one year and deleting content from Website does not remove cached versions of the content. Etown New Zealand is the sole owner of the content, source code and all intellectual property rights. No source code will be provided. Customer is responsible for the images and datas provided by him. Any legal consequence arises because of that should be borne by the customer. Customer agrees that it shall defend, indemnify, save and hold Etown New Zealand harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Etown New Zealand , 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 Etown New Zealand , its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Etown New Zealand against liabilities arising out of; (a) any injury to person or property caused by any products sold or otherwise distributed in connection with Etown New Zealand ; (b) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (c) copyright infringement and (d) any defective products sold to customers from Etown New Zealand .
Terms of Service subject to changes.
Etown New Zealand shall have the right to modify these terms at any time, which modification shall be effective immediately upon posting to http://www.Etown New Zealand .com/ /terms-service, without notifications. Accordingly, we encourage you to periodically review these terms.
Email is primary communication means.
Etown New Zealand uses email as the primary means to communicate with you. Email is used for sending invoices, statements, service interruption notices, changes in services or policy and invitations to Etown New Zealand ‘ sponsored events. The Customer agrees to regularly check their listed email address or ensure that Etown New Zealand has a valid, active contact email address to contact the customer. Additionally, the Customer is responsible for informing Etown New Zealand of any changes in billing address or billing contact person.
The Customers is entirely responsible for the security and integrity of and and all account passwords assigned for Internet services. If you feel your password(s) has been compromised, you may change most passwords online using Etown New Zealand ‘s designated support procedure and built in password change tool. The customer is responsible for changing passwords on their end-user equipment if required.
USE OF SERVICE
Etown New Zealand aims to provide quality services for all Customers and allow you to use your account for any legal Internet activity not disallowed in this Agreement. To ensure quality service, all Customers are required to abide by the policies set forth in this Agreement. Violations of the this Agreement may result in suspension or termination of service at the sole discretion of Etown New Zealand .
Use of the Service
You understand and acknowledge that the Service is made available to you “AS IS” and “AS AVAILABLE”. Etown New Zealand reserves the right to modify, suspend or stop the Service (or any part thereof), either temporarily or permanently, at any time, or from time to time, with or without notice to you. The content and software providing the Service is the property of Etown New Zealand and/or its licensors and is protected by New Zealand and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
You Will Not
You agree that you will not:
1. Interfere or attempt to interfere with the proper working of the Service, the Etown New Zealand servers or any activity being conducted on the Etown New Zealand servers.
2. Collect personally identifying information about other Etown New Zealand customers or use information obtained from or through the Service for the purpose of direct marketing, spamming, or unsolicited contacting of other Etown New Zealand customers, or other impermissible activities, including, without limitation, activities that violate anti-spamming laws and regulations.
3. Use any software or intellectual property for which you do not have an appropriate license.
4. Use the Service to promote, facilitate or permit gambling.
5. Post, transmit, facilitate, or link to (i) content that Etown New Zealand determines constitutes pornography, sexually explicit, or adult in nature or (ii) illegal activities, including, without limitation, child pornography and libelous, defamatory or otherwise malicious information.
6. Advocate or facilitate activities that (i) contain threats or incite violence towards individuals or entities, (ii) are harmful to any person or entity or (iii) are discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age.
7. Impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are an employee or representative of Etown New Zealand or its affiliates for any purpose, including, without limitation, phishing or pharming.
8. Post, upload or transmit any content or other material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other proprietary rights.
9. Post, upload or transmit any information, software or other material that contains viruses, unauthorized data, malware, Trojan horses, spyware, worms or other harmful or corrupted components.
10. Violate, misappropriate, or infringe the rights of any third party.
11. Engage in or facilitate illegal export of any restricted or controlled items, including, without limitation, software, algorithms or data that is subject to export laws or regulations.
User Contributions and Privacy
There are many opportunities within the Service for you to actively participate. In the process of doing so, you may provide certain comments, suggestions, data, or other information to Etown New Zealand (collectively “Information”). Etown New Zealand shall have the right to retain and use any such Information in current or future products or services, without further compensation to you. To the extent such Information is protectable under intellectual property laws, you agree to cooperate with Etown New Zealand as needed to obtain such protection as Etown New Zealand may desire and you agree to assign your rights in such Information to Etown New Zealand . Furthermore, Etown New Zealand may share aggregate (not personally identifiable) Information with its business partners or other third parties. Etown New Zealand will not, however, knowingly disclose personally identifiable Information to third parties unless required to do so in order to comply with any valid legal process, such as a search warrant, subpoena, statute, court order, or if necessary or appropriate to address an unlawful or harmful activity.
No Support Obligations
This Agreement does not commit Etown New Zealand to any support obligations to you in connection with the Service. Such obligations, if any, will be specified in a separate agreement between you and Etown New Zealand .
Please note that the services provided as part of this Service are experimental in nature, and Etown New Zealand does not represent that they are reliable, accurate, complete, or otherwise valid. ACCORDINGLY, THE SERVICE IS PROVIDED “AS IS” WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. ETOWN NEW ZEALAND ITS OFFICERS, DIRECTORS, EMPLOYEES AND LICENSORS EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. Some states do not allow the exclusion of some warranties, so the above exclusions may not apply to you. Etown New Zealand shall not be responsible for any damages your business may suffer. Etown New Zealand makes no warranties of any kind, expressed or implied for services we provide. Etown New Zealand disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Etown New Zealand and its employees. Etown New Zealand disclaims all verbal commitment. The customer agrees to indemnify and hold harmless Etown New Zealand from any claims resulting from the use of our services.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ETOWN NEW ZEALAND BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER OR NOT ETOWN NEW ZEALAND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL ETOWN NEW ZEALAND BE LIABLE TO YOU FOR ANY AMOUNT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
Release and Waiver
To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Etown New Zealand and its officers, directors, employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Service. Residents similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
Violations of Terms
In addition to any legal remedies that Etown New Zealand may have for your violation of the terms of this Agreement, Etown New Zealand shall also have the right in its sole discretion to suspend or terminate your access to the Service.
Compliance with Laws
You agree while using the Service to comply with all applicable laws and regulations.
Either party may terminate this Agreement at any time, with or without cause, upon notice to the other party. The agreement will automatically terminate if you discontinue the Etown New Zealand subscription or did not renew your Etown New Zealand subscription.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify Etown New Zealand , and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Etown New Zealand will provide you with written notice of such claim, suit or action.
You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Etown New Zealand ’s prior written consent. Any such purported assignment or delegation by you without Etown New Zealand ’s prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by Etown New Zealand at its sole and absolute discretion.
Relationship of the Parties
Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Etown New Zealand ’s failure to act with respect to a breach by you or others does not waive Etown New Zealand ’s right to act with respect to subsequent or similar breaches. The failure of Etown New Zealand to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This agreement shall be interpreted in accordance with the laws in New Zealand without regard to its provisions on the conflict of laws. This Agreement constitutes the entire agreement between Etown New Zealand and you with respect to the subject matter hereof.
Access and Availability of Network Services
Etown New Zealand cannot guarantee access to your website from any address on the Internet. The Internet is a decentralized system of networks and Etown New Zealand is in no way responsible for ensuring the access or performance of any Internet website or service, at any time. Parts of the Internet may be disabled, interrupted or closed without reason or notice. No web site development services, training, or any other Internet content subscriptions, memberships, discounts, promotions or other such premiums are included or implied with any of Etown New Zealand ‘s services.
Etown New Zealand makes best efforts to maintain a stable and robust network architecture and will attempt to notify Customers of planned maintenance network interruptions; however Etown New Zealand accounts do not have guaranteed uptime. Service interruptions many occur at any time whether intentionally for maintenance or upgrade or unintentionally due to network error, outage, equipment failure or event.
Limits of Claim
Any claim for damages by a Customer due to service interruption, displeasure with service, inability to connect, or any other objective or subjective reason, is limited to a pro-rated payment refund for the disputed period paid within 45 days of agreement of resolution of claim. The Customer acknowledges that they cannot claim for lost income, punitive damages, or any additional civil claims due to service interruption, loss of use, or lack of satisfaction with Etown New Zealand ‘s services.
The Customer understands and accepts that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the Customer, and not Etown New Zealand , is entirely responsible for all Content that uploaded, posted or otherwise transmitted via the Etown New Zealand Hosting Services. Etown New Zealand does not control the Content posted on the Etown New Zealand Hosted Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Displaying abuse contents and abuse images is prohibited. Etown New Zealand take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Etown New Zealand is not responsible for the discontinuation of domain by Registrar due to spam threat.
General rules of conduct; Social Media restrictions
You specifically acknowledge and agree that: In packages that include social media (Face book, twitter, Google plus etc) as an included publisher. If you access the Social media Pages, you shall not use it to launch a social media page that promotes, provides content referencing, facilitates, contains, or uses any of the following:
Alcohol-related content or sale of tobacco products, ammunition and/or firearms;
Content that infringes upon the rights of any third party, including intellectual property rights, privacy, publicity, moral or other personal or proprietary rights, or that is deceptive or fraudulent;
Gambling, including without limitation, any online casino, sports books, bingo or poker;
Illegal activity and/or illegal contests, pyramid schemes, sweepstakes or chain letters (if you run, reference, or facilitate a legally permissible sweepstakes, contest, or other promotion you are subject to social media provider’s Promotions Guidelines located in their respective websites); or Content that is hateful, threatening, defamatory, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
If you access the social media Page Designer’s, you must ensure that you own or have secured all rights necessary to copy, display, distribute, deliver, render and publicly perform all content of or within your application to all users in all countries where you make the content available.
Accept Social media’s “Statement of Rights and Responsibilities” and any other applicable terms and conditions and policies of all social media terms and indemnify, defend and hold harmless Etown New Zealand and its third party providers for any failure to comply with the Terms.
Special Admonitions for International
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
The following domain offers apply to the first year of registration only. No set up fees. Second year and subsequent year’s regular prices apply. First year subscription included a domain from the below mention Tlds.
Free domain Tlds: .com| .us| .net| .org.|.biz|.
An included domain (.com| .net| .org| .us| .biz) means the price of this domain is included in the package. The other top level domains cannot be used as included domains.
If customer choose a domain other than the above mentioned Tlds customer have to pay the additional domain amount according to the domain selected.
A domain name must be paid for in full at the beginning of the registration period. For your convenience, domains are automatically renewed every 12 months from date of purchase unless, otherwise specified.
Domain name registration fees are not refundable.
Paid domain names can be transferred externally at any time, with no release fees, with the exception of .ws domain names (which do not allow for transfers).
Domain names are registered to the customer unless otherwise stated. Domain confirmed through email to owner of the organization will not be changed after confirmation. If any change in domain name after confirmation will be charged extra $25-$75 depend upon the Tlds selected.
Due to New Zealand Department of Commerce regulations, private domain registration is not available for .us or .co and .ca domains.
Etown New Zealand will not provide domain C-panel login details during membership or subscription period. After discontinuation of Etown New Zealand membership it will be provided to customer on request.
Retaining the domain name is the sole responsibility of customer. Etown New Zealand is not responsible for the non renewal of domain name by customer before domain expiry. No guarantee will be given by Etown New Zealand for retaining the old domain for the renewals initiated by customer after the expiry of domain.
BILLING AND PAYMENT FOR SERVICES
Etown New Zealand will invoice the Customer for services starting from the day on which registration start. Invoices and Statements are sent by email to the address specified as the billing contact address on the Customer’s contact information form provided by the Customer.
Products or website will be hosted in our server and link we are provided to you. And it may take approximately one to three weeks to reach you. To more details contact:support@EtownNew Zealand.com
We are selling subscription only. So no source code will be provided. If you need source code then you have to pay premium amount for that.
Payment and Refund
All prices listed are in New Zealand currency. Customer is required to use PayPal or payment gateway as the Payment Solution for your account.
All sales of products are final.
Prices for products offered via the EtownNewZealand .com may change at any time, and the EtownNewZealand.com does not provide price protection or refunds in the event of a price reduction or promotional offering. No refund of subscription amount at any stage after 30 days from the registration date.
TERMS AND CONDITIONS FOR 30-DAY MONEY BACK GUARANTEE
Refund applies only to monthly fees and setup fees
No refund for domain name registration fees
The Etown New Zealand Money Back Guarantee starts on the date of the initial order was placed and if cancelled within 30 days from the registration date, then the amount will be refunded according to the plan subscribed.
Payments or part of payments made are non-refundable and non-adjustable under any circumstances after the completion of 30 days from the registration date.
No Refund at any cost when:- Speed is lower than client expects.
Paid domain names can be transferred externally at any time, with no release fees, with the exception of .ws domain names (which do not allow for transfers).
The subscription period will start from the registration date. Please note that your signup date would be your billing date for renewal payments in case of bank deposits or delayed payments. For example, if you have signed up on the 2nd day of the month and did not pay for 8 days, the billing system would still generate your next invoice on the 2nd day of the that month next year even though your account would be setup only after the payment has been received for the service. So we urge you to make payments without delay when using offline payment methods to avoid account setup delays.
Renewal subscription and domain renewal amount will be subject to change.
Customer availed any additional features like blog, payment gateway etc the renewal amount will change according to the feature they opted.
The normal renewal price is applicable to only .com,.net,.biz, and .in domains. Others the renewal price will change according to the domain they selected.
Chargebacks/ Disputed Charges
Etown New Zealand strives for accuracy and efficiency when billing for services, however from time to time in the normal course of business, errors, omissions or other inaccuracies may occur. Etown New Zealand ‘s liability is limited to crediting the Customer’s account a pro-rated amount minus the domain charge $35 for the disputed charge if terminated after 30 days from the registration date – the Customer shall have no additional claim for losses, fees, hardship or other damages.
You accept and take full responsibility towards the ownership/possession and use of your credit card or any other card or your internet banking password or access. This understanding that you will have no right to claim any charge back is a material condition of this agreement and once you hereby expressly agree to it you shall be stopped from challenging/disputing it in any adjudication/proceeding before any bank/financial institution/Internet banking service provider or Court or Tribunal or Ombudsman or otherwise.
Dispute Resolution Policy
In the event of a disputed charge or concern, question, or other related billing issue, the Customer can contact Etown New Zealand billing support department stating disputed charge and reasons for dispute and await Etown New Zealand ‘s reply to resolve the situation within 10 business days.
Technical Support and Problem Resolution
Etown New Zealand provides technical support to ensure customers are able to access their account. Etown New Zealand is not responsible for the Customer’s configuration beyond supplying standard settings and necessary information to access Customer’s account. In the event that the Customer cannot access website for technical reasons, Etown New Zealand ‘s liability is limited to crediting the Customer’s account pro-rated amount for the period of non-connection whether the technical reason was fault of Customer, Etown New Zealand or unknown.
This Agreement is entered into voluntarily by both Etown New Zealand and the Customer. This Agreement does not include or imply any contractual term or time limit and may be severed by either party with written (email or postal mail) cancellation notice. Such notice will include last day of service and arrangements to balance account charges. Etown New Zealand retains the right to bill the Customer for remaining charges due at time of account cancellation.
Scope and Governance
This Agreement applies to all Etown New Zealand Customers, including Customers of downstream providers and resellers as applicable. Etown New Zealand reserves the right to modify this Agreement without prior notice, and at any time. Etown New Zealand may attempt to notify customers if this Agreement changes; however, all policies remain applicable regardless of whether any such notification is provided. Use of Etown New Zealand ‘s networks and/or services constitutes unconditional agreement to the terms of this Agreement, and by such use you agree to indemnify and hold harmless Etown New Zealand from any and all costs or damages you may incur consequent to Etown New Zealand ‘s enforcement – or lack thereof – of this Agreement. Etown New Zealand further reserves the right to refuse access and/or service to anyone, at any time, for any reason.
Any manual correction in the system generated registration form or renewal form is invalid.
By signing the service registration or renewal form you are submitting and giving consent to the terms and conditions and Privacy policies of Etown New Zealand and its websites. Please refer the website for details.
URLS: http://www.EtownNewZealand.com/termsconditions ; http://www.EtownNewZealand.com/privacy; http://EtownNew Zealand .com/, www.etown.com
Contact our customer care number or support@EtownNewZealand.com for all service related issues or queries.