Created: 5th September 2016
Please read our Service Agreement in it's entirety. All users of our service will be bound by any other Service Agreements published by 1st Domains. We may update our Service Agreement from time to time. Your use of our services after the date on which updates are stated shows your unconditional agreement to them as set out below.
Definition of Terms
The following words and expressions shall have meanings hereby assigned to
them except where the context otherwise requires: "1st Domains", "us", "we"
and "our" means 1st Domains – a division of Voyager Internet Limited; "service", means
services provided by 1st Domains; "customer", ”your” and "you" means the party
or parties who the services are provided to, and agree with our Service Agreement.
Providing Us With Information
You agree to provide true, accurate, current and complete information relating
to who the services are being provided to, whether being an individual,
organisation or registered company. You also agree to maintain and promptly
update your account information to keep it true accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or 1st Domains has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 1st Domains has the right to suspend or cancel your account without notice and refuse any and all current or future use of our services.
We agree to keep your information private, unless you consent to it's disclosure, or we are legally required to disclose it. 1st Domains does not provided credit references unless specifically agreed upon by 1st Domains before the credit reference is requested by a third party.
User Eligibility
You represent and warrant that you are the person legally responsible for all
use of this service, and are at least 18 years of age. If you are under 18
years of age, you must have parental consent in order to use our services,
and the account must be opened and maintained by a parent or legal guardian,
in their name. You agree to provide 1st Domains with your full legal name,
postal address, telephone number and an email address.
Providing You With Service
To provide you with service, 1st Domains must be the Registrar for
the domain name that will be associated with the service.
If you use our services for personal or non-commercial use, you can
exercise your rights under the Consumer Guarantees Act 1993 (CGA)
and our Service Agreement does not limit your rights. However, if
you use our services for business purposes (or you have told us you
will do so) then we exclude all warranties implied under the CGA.
Terms of Payment
You agree to pay 1st Domains for the services requested in advance of the time
period during which such services are provided. Payment for services is only
accepted online at the time of purchase using a valid credit card. 1st Domains
accepts all major credit cards including Visa, Mastercard.
1st Domains reserves the right to refuse payments made by cash, cheque,
internet banking or any other 3rd party payment vendor. Eg. Paypal.
All 1st Domains web hosting services are non-refundable.
Right to Refuse
1st Domains may at any time and without notice to you, suspend, or refuse to
continue to provide service without providing any reason at any time prior to,
or after, the service has been suspended or refused. This right will not be
unreasonably exercised. 1st Domains reserves the right to refuse service to
any individual, organisation or company which has previously not complied with
this Agreement.
Cancellation of Web Hosting
A single web hosting account referred to as a 'slot' is active until the
service expires being the date paid up to in advance. Service cancellation
occurs automatically if you do not to renew the service before the expiry date.
All web hosting services will cease to function after this date. The web hosting
service can be reactivated within 90 days after this period by renewing the
service online. You cannot cancel a web hosting account but the status can be
changed to unassigned within your account if it is no longer required.
Web hosting accounts once provisioned against a domain name cannot be transferred or moved to an alternative domain name.
Cancellation of Web Hosting: Data Retention
If a web hosting account is not renewed by the expiry date
of an associated domain name, the service will be disabled
and the data held for:
- 40 days [all gTLD domain name extensions]
- 90 days [all .nz domain name extensions]
Where the web hosting account expires before the domain name expiry, the web hosting service will be disabled and the data held for:
- 90 days [all gTLD and .nz domain name extensions]
After these periods all data will be deleted from 1st Domains servers and is unrecoverable.
If a domain name which has been assigned to a web hosting account is cancelled or transferred away to another Registrar the web hosting account will be disabled and the data held until the web hosting service expires.
Web hosting accounts once provisioned against a domain name cannot be transferred or moved to an alternative domain name.
Backups and Data Loss
1st Domains performs daily backups, archived offsite for it's own
disaster recovery purposes only. 1st Domains does not warrant or
otherwise guarantee that these will be available or that data which
has been backed up can be retrieved. If any of your data is damaged,
deleted, lost or corrupted in any way, or becomes otherwise unavailable
due to termination or suspension of your account pursuant to this
Agreement, 1st Domains will have no obligation or liability to you.
1st Domains strongly recommends that you create regular backups of your data as the 1st Domains disaster recovery backups are not, under any circumstances able to be used for individual customer data recovery.
Acceptable Use
1st Domains services may only be used for lawful purposes. Any use which violates
any national or international laws which may apply to 1st Domains or any jurisdiction
that you may be subject to is strictly prohibited. While using a 1st Domains service,
you will not:
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any national or international law, including without limitation the laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution law.
1st Domains will be the sole arbiter as to what constitutes a violation of this provision and reserves the right to suspend your service without notice.
Acceptable Use: Server Performance
If your web site affects the performance or security of the server systems, 1st
Domains at it's sole discretion, without notice, may immediately suspend, throttle,
or perform any other action that will prevent your site from impacting other clients
and the server system as a whole.
Unacceptable Content / Material
The following hosted website content/material is not acceptable.
1st Domains reserves the right to suspend any website hosting the
following content with or without notice.
Top sites, file sharing/mirror scripts, proxy scripts, anonymisers, pirated software, warez, image hosting services, ip scanners, bruteforce programs/scripts/applications, mail bombers/spam scripts, banner-ad rotation services, video streaming [no more than a couple streams], high-yield interest programs, ponzi/mlm/pyramid scheme sites, gambling sites, pornographic sites, hateful/racist/harassment orientated sites, hacker focused sites/archives/programs, sites promoting illegal activities, forums or sites that distribute or link to warez/pirated/illegal content, fraudulent sites.
“Unlimited” - Definition and Policies
“Unlimited” - What it means
1st Domains does not set an arbitrary limit or cap on the amount of resources you can
use. In good faith and subject to this Agreement, 1st Domains makes every commercially
reasonable effort to provide you with all the disk space, database and bandwidth
resources needed to power your web site(s) successfully, as long as your use of the
service complies with this Agreement. By not setting limits on key resources, we are
able to provide simple, consistent pricing to you as you grow their website(s). As a
result, a typical website may experience periods of great popularity with increased storage
and bandwidth requirements without incurring any associated increase in hosting charges.
“Unlimited” - What it doesn't mean
1st Domains employs complex mechanisms to protect you and 1st Domains from abuse. The 1st
Domains offering of "unlimited" disk space, databases and bandwidth is not intended
to allow the actions of a single or few to unfairly or adversely impact the experience
of others. The 1st Domains service is a shared hosting service, which means that
multiple web sites are hosted from the same server and share server resources. The
1st Domains service is designed to meet the typical needs of small – medium business
web sites for customers in New Zealand. It is NOT intended to support the sustained
demand of large enterprises, high traffic web sites, or non-typical applications better
suited to dedicated web hosting services.
1st Domains will make every commercially reasonable effort to provide additional resources to you as long as your website does not breach this Agreement. However, in order to ensure a consistent and quality experience for all customers, 1st Domains does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system and other 1st Domains customers.
“Unlimited” Disk Space
1st Domains does not set arbitrary limits on the amount of disk space that you can
use for your website, nor does 1st Domains charge additional fees based on an increased
amount of disk space used, provided your use of storage complies with this Agreement.
However, 1st Domains has maximum daily FTP quotas per web hosting account to protect against abuse.
FTP Maximum Upload File Size: 5GB
FTP Maximum Download File Size: 5GB
FTP Upload Data Transfer Quota per Day: 10GB
FTP Download Data Transfer Quota per Day: 10GB
The quotas are reset daily at midnight and do not accumulate.
Please note, however, that the 1st Domains service is designed to host web sites. 1st Domains does NOT provide unlimited space for online storage, file-sharing, backups, or archiving of electronic files, documents, log files etc, and any such prohibited use of the service will result in the termination of your account, with or without notice. Accounts with excessive number of files negatively affect the performance of the server and 1st Domains may request that the number of files be reduced to ensure proper performance.
“Unlimited” Data Traffic
1st Domains does not set arbitrary limits on the amount of visitor traffic a web site
can receive or on the amount of content you can upload to your web hosting account in
a given month, nor does 1st Domains charge additional fees based on increased use of
bandwidth, as long as your use of the service complies with this Agreement. In most
cases, your web site will be able to support as much traffic as your web site can
legitimately acquire. However, 1st Domains reserves the right to limit processor time,
bandwidth, processes, or memory in cases where it is necessary to
prevent negatively impacting other customers.
“Unlimited” MySQL Databases
1st Domains does not set arbitrary limits on the amount of databases you can use for
your web site, nor does 1st Domains charge additional fees based on an increased
amount of databases or database storage used, provided your use of databases complies
with this Agreement.
Automated Script Installer Service
1st Domains offers the use of a automated script installer provided by a 3rd party
provider. Every effort is made to ensure that all scripts offered are compatible
and functional on the 1st Domains hosting servers. However, 1st Domains does not
provide any support for installed scripts, other than support for the automated
installation process itself. Customers are encouraged to seek support from the
scripts authors, forums and other public/private support channels.
Application and Script Security
Any applications or scripts installed to your hosting account either automatically
using our application installer or manually by yourself must be kept up-to-date and free from
publicly known vulnerabilities. In addition any form to email script must have
sufficient defenses in place (eg. Captcha) to prevent automated submission and
distribution of mail from anonymous users. 1st Domains reserves the right to suspend
or cancel your account without notice if a script installed by you contains a
vulnerability which can or is being exploited.
Zero Tolerance Spam Policy
1st Domains takes a zero-tolerance stance against sending unsolicited
email, commonly known as spam. Sending unsolicited email, from any
server located on the 1st Domains network is STRICTLY prohibited. 1st Domains will be the sole
arbiter as to what constitutes a violation of this provision. The accounts of
any user who sends spam will be terminated without notice, regardless of whether
the messages were sent from a 1st Domains server or from another server advertising
a site hosted on 1st Domains servers.
Server Maintenance & Updates
1st Domains performs regular upgrades and updates to server applications. These
upgrades/updates may require you to update/upgrade your code to be compatible with
new versions. You agree to take full responsibility for implementing these updates.
1st Domains is not responsible for web site malfunctions after upgrades/updates due
to clients running incompatible code.
Indemnification
You agree to fully defend and indemnify and hold harmless 1st Domains of and from
any and all third party claims, causes of action, demands, costs, damages including
both direct and consequential damages, specifically including lawyers fees and costs,
expert fees and costs and mediation and/or arbitration fees and costs incurred
(whether paid or not) as the result of any breach or claim of breach of this agreement
or your negligence whether active or passive or any negligence of 1st Domains in any
way related to your use of 1st Domains services or any portion thereof.
Limited Warranties
1st Domains makes every reasonable effort to maintain the uninterrupted operation
of the services, subject to regularly scheduled server and network maintenance cycles.
In no event shall 1st Domains be liable for any consequential, indirect, special or
incidental damages, even if 1st Domains has been advised by the user of the possibility
of such potential loss or damage. If the 1st Domains service to you is disrupted or
malfunctions for any reason, 1st Domains shall not be responsible for losses of income
due to disruption of service, or any other such issues whether due to the active or
passive negligence of 1st Domains.
Force Majeure
1st Domains shall not be liable for any failure or delay in performance of it's service,
which is caused by circumstances beyond the reasonable control of 1st Domains
including but not limited to fires, explosions, severe weather, industrial disputes,
insurrection, riots, requirements or regulations or any civil or military authority,
acts of war (whether declared or not), civil unrest, acts of God, earthquake, flood,
riot, embargo, government act, terrorist action, DNS caching, propagation or other DNS
issues outside 1st Domains's reasonable control or failure or outage of any telecommunications
links or other connections forming part of the Internet which are not under the control
of 1st Domains.
Severance
Each provision of this Agreement shall be construed separately. If the whole or any part
of any such provision may prove to be illegal or unenforceable, this shall not affect
the legality or enforceability of any other provision of this Agreement and the parties
shall try to agree substitute provision for that which is invalid or unenforceable.
Governing Law
The Service Agreement will be construed in accordance with and governed by the laws of New
Zealand. Each party agrees to submit to the exclusive jurisdiction of the New Zealand courts.
Dispute Resolution
1st Domains and you will negotiate in good faith and use their reasonable efforts to settle
any dispute that may arise out of or relate to this Agreement or any breach of it. If any
such dispute cannot be settled amicably through ordinary negotiations, the dispute shall be
referred to the representatives nominated by each party who will meet in good faith in order
to try and resolve the dispute. Nothing shall restrict either party's freedom to commence
legal proceedings to preserve any legal right or remedy or protect any proprietary or trade
secret right.
You shall indemnify and keep indemnified 1st Domains against all expenses and liabilities 1st Domains may incur (directly or indirectly and including legal and debt-recovery costs on a full indemnity basis) following any breach by you of any of it's obligations under this Service Agreement.
Amendment
1st Domains may without advance notice amend this Service Agreement from time to time,
and will do so by posting the new Agreement on the 1st Domains web site in place of the old.
Each and every such amendment shall be become effective immediately for all pre-existing
and future accounts. It is your responsibility to periodically check the 1st Domains web
site for updates of this Service Agreement.
Acknowledgement
You acknowledge that you have read this Service Agreement and agree
to all it's terms and conditions. You have independently evaluated
the desirability of using the service are not relying on any
representation, guarantee, or statement other than as set forth
in this agreement.
