3) Suspension of Services

Affordable Domains has the right to suspend, change, withhold, limit, restrict, replace or terminate service to the Subscriber at any time, and for any reason, without notice. Where Services are suspended or terminated, the Subscriber will be notified of the reason. If suspension or termination results from a breach of these terms and conditions, no refund will be available.

5) Fees

Affordable Domains retains the right to alter its fees at any time. Customers will be notified of any changes to the fee structure where applicable. All fees are quoted in New Zealand dollars exclusive of Goods and Services Tax (GST), and are applicable only to New Zealand residents.

7) Exclusion of Liability

• If the Subscriber uses the Services for business purposes (or has told or represented to Affordable Domains that the Subscriber will do so) then the Subscriber agrees that the Consumer Guarantees Act 1993 does not apply to any Services supplied to the Subscriber by Affordable Domains.
• Any defect in the services or in its maintenance shall not entitle the Subscriber to immediate cancellation of this contract.
• Without limiting the other terms of this contract, the Subcriber's sole remedy against Affordable Domains shall be limited to breach of contract and Affordable Domains's sole and total liability for any such claim shall be limited to, at the option of Affordable Domains, either the re-supply of the Services or the amount of the current monthly Subscriber's Levies for the month during which the breach allegedly occurred.
• Subject only to Affordable Domains's liability for breach of contract (if any) pursuant to clause 7) 3. above, Affordable Domains will not be liable to the Subscriber for any claim for breach of contract, breach of statute or breach of duty in tort (including negligence) or for any claim in equity or otherwise at law for any losses or damages whether general, exemplary, punitive, direct, indirect or consequential (including any claim for loss of profits) however caused which may be suffered or incurred by the Subscriber or any third person or which may arise directly or indirectly out of or in respect of this contract or the services (or its maintenance) or by reason of any act or omission on the part of Affordable Domains to comply with its obligations under this contract.
• Notwithstanding anything herein contained or implied no employee, agent or director of Affordable Domains will be liable to the Subscriber for any breach of duty or care in contract, tort, equity or otherwise in relation to the performance of obligations under this contract or in relation to the subject matter of this contract. This exclusion extends to InternetNZ, the registry and any other entity we are in business relationship with.
• To the maximum extent permitted by law all terms, warranties or representations, whether statutory or otherwise and whether express or implied, oral or written as to the state, merchantability, quality, fitness for purpose or fitness of the services and its maintenance are hereby excluded.
• This clause 7 shall survive termination of this contract.
• 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;
• Where the Subscriber or any registrant for whom the Subscriber act supplies incorrect information regarding a domain name and Affordable Domains incurs cost in any matter concerning that name then we may recover the costs incurred from the Subscriber.

9) Non Waiver

Failure by any party to enforce any right or obligation with respect to any matter arising in connection with these Terms and Conditions shall not constitute a waiver as to that matter or any other matter either then or in the future. Any waiver of any right or obligation under these Terms and Conditions shall only be of any force and effect if such waiver is in writing and is expressly stated to be a waiver of a specified right or obligation.

11) Force Majeure

Affordable Domains shall not be liable to the Subscriber or to any other person for any loss or damage directly or indirectly arising out of or in connection with any failure to perform any term of these Terms and Conditions where such failure is caused directly or indirectly by an act of God, fire, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or facilities and accidents, interruptions of, or delay in transportation, or any other cause outside of Affordable Domains's reasonable control.

13) Jurisdiction

These Terms and Conditions shall be governed by New Zealand law. The Subscriber agrees to submit to the exclusive jurisdiction of the New Zealand courts.

15) Linked Sites

This web site may contain links to other web sites ("linked web sites"). Those links are provided for convenience only and may not remain current or be maintained.

Affordable Domains is not responsible for the content or privacy practices associated with linked web sites.

Links with linked web sites should not be construed as an endorsement, approval or recommendation by Affordable Domains of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

17) Privacy

Affordable Domains undertakes to comply with the terms of its privacy policy which is available on this web site.

The Subscriber is aware of his/her/its rights under the Privacy Act 1993 to have access to personal information held by Affordable Domains and to request correction to the information and to be informed of action taken in response to any such request and/or to request that there be attached to the information a statement which the Subscriber can supply to Affordable Domains relating to the fact that the Subscriber has requested a correction. The Subscriber agrees to pay Affordable Domains the reasonable charges requested by Affordable Domains in relation to time and attendances involved in complying with the Subscriber's request in this regard.

Part II

.NZ Domains

1) Registrar's Obligations

We agree that we will:

1.1 comply with all .nz policies and accurately represent these to you;

1.2 disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain name sought to be used by you, including price and billing information;

1.3 comply with your lawful directions in a diligent and timely manner regarding your .nz domain name, (for example, registration, cancellation, amendment, deletion, and associated technical support and billing);

1.4 process any new .nz domain name registrations with the registry within 1 hour from the time we receive all the information required to complete a registration if it is within our advertised business hours of 9:00 am - 5:00 pm [Monday-Friday], and otherwise within 24 hours;

1.5 notify you of the registration of your domain name(s), including the details of: the domain name, your own contact details, our contact details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant;

1.6 arrange for correction of any error in the information in the register about any domain name registered to you when requested;

1.7 provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge;

1.8 use your personal information only as authorised by you;

1.9 take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s);

1.10 comply with any order of any authority having jurisdiction regarding any domain name registered to you;

1.11 use our best endeavours to deal with any complaints you may have about the services we provide for you.

3) Registation of a Domain Name

When a domain name in the .nz domain name space is registered to you, or in your name as directed by you, then you agree:

3.1 that the following information becomes available to any member of the public:

• your name,
• your own contact details and
• the domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name.

3.2 the domain name is registered in your name only because no other person has it according to the records of the register; and

3.3 neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the "who is" database shall not be taken as evidence of anything other than such registration; and

3.4 that you protect us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.

5) Payment of Fees

5.1 You agree to pay for the services we provide for you.

5.2 If you transfer a domain name registered to you to another registrant or to be managed by another registrar, all charges owing to us shall become immediately due and payable on the date of that transfer.

5.3 We may alter our fees from time to time. When we alter them we will send you notice of the alteration 30 days before the new fee takes effect.

5.4 Our usual fees are for [specify what the registrant normally pays the registrar for]. We may also charge for [specify type of additional services that registrar may provide] provided by us. We will tell you before any additional charge is incurred. All license fees, including any increases, will be passed on to the client irrespective of their billing term. Advance notice of changes will be provided whenever possible.

5.5 Our prices are stated in [New Zealand] dollars and include GST [applicable local tax].

5.6 Should the monthly renewal option be exercised, it is agreed by the reseller that the monthly option is duly passed on to any 3rd party/registrant. Should it come to our attention that any 3rd party/registrant is not being afforded the monthly option, Affordable Domains reserves the right to deal with the said 3rd party/registrant directly.

7) Cancellation of a Domain Name

If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to that registration, we will give you fourteen days notice before we initiate action to cancel that domain name.

9) Limitation of our Liability

We have excluded all other liability we or any of the persons specified in clause 8 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 8 then this clause applies.

Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the services we provide for you (together) is the amount of the last month's fee paid by you under this agreement.

11) Cancelling the Agreement

11.1 We may cancel or suspend this agreement by giving you one months notice if you do not meet your duties to us.

11.2 We may end the agreement for any other reason by giving you one month's notice.

13) 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 8 cannot rely on any clause, all other clauses of it are binding.

Part III

Acceptable Usage Policy

In order to provide a professional service, we have set up a few guidelines for users of our service. Some of these guidelines may seem strict, but they ensure a safe, functional, and trusted environment for all our customers to publish their information on the Web

Many of our competitors do not require their customers to comply with these guidelines. If any of our potential customers are unwilling or unable to comply with these guidelines, we respectfully invite them to visit one of our competitors.

2) Things we will not tolerate

You may not publish/host any material that is grossly offensive, including , exploitation of children, blatant expressions of bigotry, hatred, harassment, defamation, or invasion of privacy.

Obscene publications* include but not limited to Child Pornography, Bestiality, golden/scat (NZ), abduction/rape/snuff films.

Hacking, cracking, piracy, phreaking, phishing, scamming, warez, pyrotechnics, exploitive software or text that educates or encourages this activity and/or use.

Anything Tor related Eg: Tor hidden servers, exit nodes, relays, directories.

You may not store or index any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organisation, this includes housing a seed box for torrenting infringing content or any hosting of ROMs or Emulators.

IRC clients are OK. If you attract attention to yourself by spamming or getting DDoS'd your service will be terminated immediately. If we find that your VPS server is being used to direct/control any botnet, malicious content or traffic it will also be terminated immediately.

You are solely and fully responsible for the content of your account. Any and all repercussions will be borne solely by you as the account holder.

4) Server Abuse

Any attempts to undermine or cause harm to a Affordable Domains server or subscriber of Affordable Domains is strictly prohibited including, but not limited to:

• Logging into a server or account that you are not authorised to access.
• Accessing data or taking any action to obtain services or information not intended for you or your use without the consent of the owner.
• Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorisation.
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computers functionality or the operation of the Affordable Domains's systems.
• Monitoring data or traffic on any network or system without the express authorisation of the owner of the system or network.
• Interfering with, intercepting or expropriating any system, data or information which you do not have the right to access.
• Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding", "mail bombing", or "crashing" any computer system.
• You agree that we may quarantine or delete any data stored on the Affordable Domains network if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the network or other customers data that is stored on the network.

6) Fraudulent Activities

Affordable Domains prohibits utilising network services for fraudulent activities. Participation in fraudulent activities is in direct violation of state and federal law and Affordable Domains's AUP.

8) Distribution of Malware

Affordable Domains prohibits the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, keystroke capture programs and other programs normally used in malicious activity. The use of such programs in the normal ordinary course of business, however, may be requested by Customer and approved by Affordable Domains on a case by case basis. Example: Security company using the Services to analyse the latest root kit for new security analysis/software.

10) Vulnerability Monitoring and Testing

You may not attempt to probe, scan, penetrate or test the vulnerability of a Affordable Domains system, subsystem or network or to attempt to breach security or authentication measures, whether by passive or intrusive techniques, without Affordable Domains's express written consent.

12) Bulk Mail

You may not use any Affordable Domains Service to send Bulk Mail. Bulk Mail means email messages of similar content that are sent to more than two hundred and fifty (250) recipients. Attempts to circumvent this restriction by breaking up bulk email over time, using multiple accounts, or other means will be a violation of this restriction. A mail message sent to other users within your domain names hosted on the Affordable Domains system is not considered Bulk Mail.

14) Message Source

You may not obscure the source of your email in any manner, including by intentionally omitting, forging, or misrepresenting messages headers or return addresses.

16) Illegal Activities

Customers caught using our system for illegal activities, including but not limited to breaking into remote systems, credit card fraud, theft, vandalism, threats, or violence, will have their accounts immediately canceled without refund of any fees.

18) Right To Refuse Service

Affordable Domains reserves the right to refuse service to anyone for any reason. We enforce this policy to ensure a professional environment for the users of our system. This includes any programs, such as CGI programs that are using excessive amounts of system resources. Excessive amounts is defined as any amount that results in substantial degradation of server performance. Affordable Domains is the sole determinant of what constitutes degraded server performance. On some occasions, we allow heavy usage depending on the situation. However, additional fees may apply.