Acceptable Use Policy
Website Content
The Lime Hosting servers may be used only for lawful purposes. Users may not use Lime
Hosting'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 or hateful.
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:
Pirated software
Hackers programs or archives
Warez Sites
Irc Bots
Media Files, e.g. MP3, MPEG, wav, ogg, quicktime. (Exemption: Files for which you
own the copyright, or have express permission of the copyright owner, or are in the
public domain, or which have been obtained under a copyleft license such as Creative
Commons or GFDL.
We will be the sole arbiter as to what constitutes a violation of this provision.
Server Abuse
Any attempts to undermine or cause harm to a server is strictly prohibited.
CGI Scripts
Customers are free to use any CGI-Scripts provided with their account or add any additional
ones they require.
Any CGI-Scripts deemed to be adversely affecting the Server performance or the Network
integrity may be shut down without prior notice. For the purpose of this clause, "CGI script"
includes any script which processes on the server regardless of scripting language.
CGI-Script sharing with Domains not hosted by Lime Hosting is not allowed.
Background Running Programs
Background Daemons in general are prohibited.
Commercial Advertising — Email:
Lime Hosting's servers may not be the source, intermediary, or destination address involved
in the transmission of spam (unsolicited email), 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 any mass unsolicited message in the mediums of:
Newsgroups (including usenet, google groups, yahoo groups)
Email
Instant Messaging (including but not limited to ICQ, MSN, AIM, Yahoo messenger,
Skype, Jabber)
any similar communication technologies which may emerge.
"Comment spam": off-topic comments on web-logs or web forums which link to your
website.
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.
You are permitted to operate bulk mailing lists so long as they use an opt-in process with a
clear audit trail and so long as unsubscription requests are honoured promptly.
General
Lastly, we reserve the right to determine what violates this policy.
As such, any violation may result in immediate deactivation of services without refund.
Web Hosting Terms and Conditions
This page is important. It gives you, as the customer, a summary of your rights and
responsibilities and requires you to formally agree to them before your application proceeds
further. By proceeding further you agree to these terms and conditions.
PARTIES
The following words and expressions shall have the meanings hereby assigned to them
except where the context otherwise requires:
"Us", "We" and "Our" means Lime Hosting;
"System", means the computer system, programming and communication facilities required
by Lime Hosting for the operation of the service;
"Service", "Services", means Internet WebHosting and/or Email services provided by Lime
Hosting to customers subscribing for the same;
"Client", "Customer(s)", and "You" and "Your" mean the party or parties who enter into this
agreement with Lime Hosting.
TERMS
1. The Terms and Conditions set out on this page relate only to your WebHosting/Email
services with Lime Hosting.
2. You must notify Lime Hosting when any of your contact details change.
Without limiting the indemnity and liability provisions below, Lime Hosting will not
be responsible in any way for any losses, damages, costs or expenses as a result of
your failure to comply with this clause.
3. You must contact us by E-mail to accounts@limehosting.co.nzif you wish to cancel
your WebHosting/Email services.
4. By accepting these terms and conditions you agree to abide by Lime Hosting's
Acceptable Use Policy together with such modifications and updates to it as may be
issued by Lime Hosting from time to time. Failure to follow such policies may result
in the supply of WebHosting services being immediately suspended without notice
until such time as your site again complies with the policies.
5. Lime Hosting reserves the right to modify, enhance or withdraw the service at any
time without prior notice and alter its Policies and these Terms and Conditions at
anytime and without notice. We will always endeavour to give reasonable notice of
any changes wherever possible. You agree to comply with all policies and service
guidelines we may issue at any time.
TERMS OF PAYMENT
6. In consideration for Lime Hosting providing you with the service, you agree to make
payment of your relevant account charges by the due date.
7. The acceptable methods of payment for Lime Hosting WebHosting/Email services is
annually by Direct Credit, in advance; or monthly, quarterly, bi-annually or annually
by Credit Card, in advance.
8. A minimum period of 3 months will apply for any service billed.
9. Customers paying by Direct Credit will receive renewal notices issued by Email prior
to the expiration of the 12-month term. Customers paying by Credit Card will
automatically be debited on the expiration of the term of the customers recurrence
payment pattern.
10. Provided payment of the renewal cost is made prior to expiration of the chosen term,
supply of your WebHosting/Email services will roll over without disturbance.
11. If any amount which you are due to pay remains outstanding longer than 5 days from
the due date we reserve the right without warning to immediately discontinue the
services and in such circumstances you agree that Lime Hosting will not be liable for
any cost, loss, expenses or damages which result from such services being
discontinued.
LIMITIATION OF LIABILITY AND INDEMNITY
12. Lime Hosting shall not be liable for:
a. Any costs, losses, expenses and/or damages whether direct or indirect which
are incurred by you as a result of your failure in whole or in part to comply
with any of these terms and conditions.
b. Any costs, losses, expenses and/or damages whether direct or indirect which
are incurred by you as a result of our failure to fulfil our commitments under
this agreement in circumstances where the failure is due in whole or in part to
any cause or event outside the reasonable control of Lime Hosting.
c. Any or all special, indirect or consequential costs, losses, expenses and/or
damages (including but not limited to loss of profits) that result from any
breach or failure or any act or omission on the part of Lime Hosting.
d. Any third party claims and/or third party costs, losses, expenses and/or
damages whether brought against Lime Hosting or you and which relate to
your site. Further you agree to indemnify Lime Hosting, it's employees,
owners and directors against all such third party claims, costs, losses, expenses
and/or damages, including any reasonable legal costs of and incidental to Lime
Hosting (and/or it's employees, owners and directors) defending itself.
e. Any amount by way of claim not otherwise excluded above, which exceeds in
total an amount equal to 12 months WebHosting fees.
FORCE MAJEURE
13. Neither party to this agreement shall be responsible for failure to fulfill its
commitments in this agreement if such failure is due to any circumstances outside its
reasonable control. Such circumstances comprise, but are not confined to, acts of God,
war, riots and sabotage, technological deficiency in the Internet, telephone network or
other network or facilities owned and/or operated by third parties or similar.
ASSIGNMENT
14. You agree that Lime Hosting may without notice or warning to you, sell, transfer or
assign our interest in this Agreement with you, to a third party. Every reasonable
endeavour will be made to notify you by email of an assignment at your last notified
contact email address but we will not be liable in any way nor prevented from
assigning our interest in this Agreement if we fail for any reason to provide notice to
you.
SERVICE LEVELS AND GUARANTEE
15. Server Uptime is defined as the percentage of time the server is running and capable
of responding via its Ethernet port, excluding any scheduled downtime whether
notified or not. Server uptime shall be assessed over a minimum period of one month.
Lime Hosting undertakes to make every reasonable effort to maintain Server uptime
of 99.9%.
16. Notwithstanding the earlier limitations as to liability contained in section 12, in the
event of any breach of Service levels established by this section, Lime Hosting's
liability under this section shall be limited to a maximum of one month's fee for the
affected service.
17. In all cases server uptime shall be subject to any event of Force Majeure.
18. Lime Hosting will not provide support for third party products, installed applications,
scripting or database issues. Any changes made to ensim PowerTools or SiteBuilder
software after installation will not be supported by Lime Hosting. Lime Hosting is
unable to undertake any customisation of these programmes.
APPLICABLE LAW
19. The Consumer Guarantees Act 1993 may apply to any services we provide to you if
you acquire these services for personal, domestic or household use. If this act applies,
all rights you may have under it apply in addition to the rights you may have in this
agreement. Nothing in this agreement will limit or exclude your rights under this act.
20. Where you acquire or hold yourself out as acquiring our services for the purpose of a
business, then you agree that the provisions of the Consumers Guarantee Act 1993
will not apply to our service or the provision of any other services to you.
21. This agreement shall be deemed to be an agreement made in New Zealand and shall
be subject to, governed by and interpreted in accordance with the laws of New
Zealand.
CANCELLATION
Either party may terminate the agreement at any time without cause. No refunds for early
cancellation will be made. Any cancellation shall be subject to the provisions of clause 12 as
to the exemption from liability that Lime Hosting has in such circumstances. Any
cancellation shall be notified to you by email at your last notified email address.
Lime Hosting reserves the right to cease to provide the services immediately without liability
and to terminate the agreement if you should go into liquidation or bankruptcy or if you fail
to comply with any obligation in accordance with these Terms and Conditions or any policy
or service guideline whether or not we have provided or attempted to provide any notice of
your failure to comply.
This agreement shall become effective on the date of your order form been submitted to us
for the said service.
You shall be deemed to have read this agreement and agree to be bound by this agreement.
This agreement shall supersede all proposals or prior agreements, oral or written, and all
other communications between the parties relating to the subject matter of this agreement.