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Rainbow Net

in association with gay.co.nz

RAINBOW NET TERMS & CONDITIONS OF SERVICE

01. Our Services
02. Payment for Services
03. Cancellation of Services
04. Our Responsibilities
05. Your Responsibilities
06. Retrieval of Access Details
07. Changing Your Details
08. Our Liability to You
09. Resale of our Services
10. IP Addresses
11. Compliance with Law

Rainbow Net is referred to as "we" or "Rainbow Net" in this document, and Client is referred to as "you".

01. Our Services

Rainbow Net provides a range of Internet products and services, including: web hosting, domain registration, and server hosting.

When you select to subscribe to any of these services it is with your understanding of what each service is, what you can expect to receive, what the costs are, and the payment terms.

We retain the right to refuse service to anyone at any time.

02. Payment for Services

Our services all operate on a pre-paid basis. This means you must pay for all services in advance.

If you upgrade or downgrade from 1 to 12 months, or vice versa, you will be automatically billed or credited.

If you fail to make payment within due date we may suspend or restrict the services on your account.

It is your responsibility to keep your contact details up-to-date to ensure you receive invoices and notifications from us. You will be advised by email if your account is due to be suspended, and in some cases, by telephone.

You will be responsible for any costs incurred to recover your debt.

03. Cancellation of Services

You agree to give at least 30 days notice of cancellation of services (excluding Domain registration).

Any prepaid credit will be refunded, once we have deducted the difference between discounted months and full-paid months of service.

04. Our Responsibilities

We agree:

(a) to provide high performance Internet services to you;
(b) to be available 24 hours by telephone for support and inquiries;
(c) to be available by email at all times for support and inquiries;
(d) to correct all problems as soon as they occur;
(e) to provide email support only for community hosting.

05. Your Responsibilities

You agree:

(a) to provide us with correct contact details, and to keep them up-to-date;
(b) to keep your account current, and not let invoices fall overdue;
(c) to keep your private access details (usernames and passwords) confidential;
(d) to keep back-up copies of all files you publish to our servers;

We prohibit the publication of the following content on our servers (including pictures, links, and text):
(a) any material that infringes any copyright, trademark, patent, common law, or rights of others;
(b) any material that is libelous or slanderous;
(c) any material which is or contains anything obscene, pornographic, or offensive including links to such material; or
(d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings.
(e) file archives of music, videos, images, without permission.
(f) IRC clients, bots, servers.

We also prohibit the use of our servers for:
(a) very high-trafficked websites, without permission;
(b) offering free email or webmail services to the public.

We do not screen the material you publish to our servers. Any material you publish is considered publicly accessible.

If you publish prohibited material you will be responsible for the traffic charges relating to all downloads of that material.

06. Retrieval of Access Details

If you lose your access details there are three things in the following order you can do:

(a) request an automatic password re-send, if available;
(b) phone or email our support staff to re-send them to the address we have on record; or
(c) send a fax or letter on your company letterhead requesting changes, which must be signed by the account holder, or a company director.

07. Changing Your Details

Contact us to change your details

08. Our Liability to You

As a residential customer you have rights under the Consumer Guarantees Act and this section does not limit those rights. However if you use our services for business purposes (or have told us you will do so) then you agree that that Act does not apply to the services we provide you.

To the extent that the law allows us to do so, we exclude all other liability to you in connection with our provision of services to you.

We are not liable for the protection or privacy of electronic mail or other information transferred through the Internet or any other network provider.

We do not make claim that you will receive continual and uninterrupted service during the term of this Agreement. In no event shall we be liable to you for any damages resulting from or related to any failure or delay to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond our control.

09. Resale of our Services

If you act as a reseller of any of our services, i.e. you bill your client for services you buy from us, you agree:

(a) there is no direct relationship between us and your client;
(b) you will not refer your customer to us for support services;
(c) you will make it clear to your client that you are the contact for all purposes; and
(d) this agreement also applies to your clients.

10. IP Addresses

Rainbow Net maintains control and any ownership of any and all IP numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses.

11. Compliance with Law

You agree to use our services in a manner consistent with all applicable Australian laws. If you wish to make a claim against us you must do so in a NSW court.

12. Rainbow Net is owned and operated by Rainbow Tourism International Pty Ltd, an Australian company based in NSW.

Rainbow Net Contact Details:

Gay NZ QRA
Contact Rainbow Net

copyright © 1995-2008 Rainbow Net - A division of Rainbow Tourism International Pty Ltd