The Terms of Service below apply to Dynamite Design & Hosting’s email hosting services.
Acceptable Conduct
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using Dynamite Design & Hosting. You will not engage in any activity that interferes with or disrupts Dynamite Design & Hosting’s services or networks connected to Dynamite Design & Hosting
Invoicing and Payment
You agree that Dynamite Design & Hosting shall be permitted to charge you on a monthly or annual for providing services. Payment is due at the end of the month the invoice is issued. Service may be interrupted on accounts that are still outstanding one full month afterissue, unless other arrangements are made. Accounts that are not collectable by Dynamite Design & Hosting may be turned over to an outside collection agency for collection. The account holder will be liable for all collection costs in this instance.
You are aware that Dynamite Design & Hosting may prospectively change the specified rates and charges from time to time.
Dynamite Design & Hosting is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Dynamite Design & Hosting. Currency exchange settlements will be based on agreements between you and your bank or credit card provider. All refunds are subject to a $5.00 service charge unless cancelling with the 30 day money-back guarantee period.
Account Cancellation or Suspension
Dynamite Design & Hosting reserves the right to suspend network access to any customer if, in the judgment of the Dynamite Design & Hosting network administrators, the customer's website or email is the source or target of a violation of any of the other terms of service or for any other reason which Dynamite Design & Hosting chooses. Dynamite Design & Hosting will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. Dynamite Design & Hosting reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's website(s) or email(s) were suspended.
If at any time it becomes necessary for Dynamite Design & Hosting to cancel a customer's service without cause, Dynamite Design & Hosting will provide 30 days advance notice.
You may cancel the service at any time calling us on 0800 Web Guy, or sending an email to support@dynamite.net.nz. Cancellation of service does not relieve customer of responsibility for the payment of all accrued charges.
Data Integrity
The customer is responsible for keeping a complete and current copy of their website/email files as a backup on a remote system (not solely on Dynamite Design & Hosting servers).
Dynamite Design & Hosting is not responsible for any lost files, information or data.
Dynamite Design & Hosting makes regular internal backups of internal system configurations and databases. These backups are not intended for keeping backups of customer websites.
Although Dynamite Design & Hosting backups may include customer sites and information for disaster recovery purposes, these backups are not to be relied on by the customer. Dynamite Design & Hosting does not guarantee to possess the most current copy of a subscriber's website/email in its own backups, however, if a customer is to require part of their website/email restored from a previous backup, this will be charged at $50 per hour.
Fair Use
All our Services are subject to this fair use clause. We may apply this fair use clause where in our reasonable opinion your use of our Services is excessive and/or unreasonable as detailed below.
We have developed this fair use clause by reference to average customer profiles and estimated customer use of our Services.
If your use of our services materially exceeds estimated use patterns over any month, then your use will be excessive and/or unreasonable.
If your use is excessive and/or unreasonable Dynamite Design & Hosting may contact you to advise you that your use is in breach of this fair use clause.
We may then request that you stop or alter your use to come within our fair use clause.
If you’re excessive or unreasonable use continues after receipt of a request to stop or alter the nature of such use, we may without further notice, apply charges to your account for the excessive and/or unreasonable element of your use of our services.
Limitation of Liability
Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Dynamite Design & Hosting and that damages resulting from any interruption of service are difficult to ascertain. Therefore, customer agrees that Dynamite Design & Hosting shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Dynamite Design & Hosting. Customer further acknowledges that Dynamite Design & Hosting liability for its own negligence may not in any event exceed an amount equivalent to charges payable by customer for services during the period damages occurred. In no event shall Dynamite Design & Hosting be liable for any special or consequential damages, loss or injury. Dynamite Design & Hosting is not responsible for any damages your business may suffer. Dynamite Design & Hosting does not make implied or written warranties for any of our services. Dynamite Design & Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Dynamite Design & Hosting.
Disclosure to Law Enforcement
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, customer agrees that Dynamite Design & Hosting may disclose any and all customer information account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the customer. In addition, Dynamite Design & Hosting shall have the right to terminate all service set forth in this Agreement.
Warranty Disclaimer
You agree that your use of Dynamite Design & Hosting shall be at your sole risk. All services provided by Dynamite Design & Hosting are available as is, without warranty.
Indemnity
Dynamite Design & Hosting wishes to emphasize that in agreeing to the Dynamite Design & Hosting Terms of Service, customer indemnifies Dynamite Design & Hosting for any violation of the Terms of Service that results in loss to Dynamite Design & Hosting or the bringing of any claim against Dynamite Design & Hosting by any third-party. This means that if Dynamite Design & Hosting is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Dynamite Design & Hosting, plus all costs and reasonable attorney's fees.
Notice
You agree that Dynamite Design & Hosting may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Dynamite Design & Hosting services.
Entire Agreement
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Dynamite Design & Hosting and govern your use of Dynamite Design & Hosting services, superseding any prior agreements between you and Dynamite Design & Hosting for the use of Dynamite Design & Hosting services.
Waiver and Severability of Terms
The failure Dynamite Design & Hosting to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Dynamite Design & Hosting services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Uptime Guarantee
Dynamite Design & Hosting provides a 98% uptime guarantee on all Dynamite Design & Hosting hardware and network connectivity. If your website or email is down more than 2% for the previous month, you may request a full months refund. Refund requests must be made within 60 days of the end of the month which your website or email was down for more than 2%.
Support Boundaries
Some of Dynamite Design & Hosting services may require a certain level of knowledge in the use of Internet languages, protocols, and software, while other services may be handled for you. This level of knowledge varies depending on the anticipated use and desired content of your website/email or the services to which you subscribe.
Your Privacy
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.
Complaints Procedure
Informal procedure
Anyone who experiences a problem with their web service provided by Dynamite Design & Hosting should raise the matter directly by calling us on 0800 Web Guy, or emailing support@dynamite.net.nz , giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.
Dynamite Design & Hosting will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Dynamite Design & Hosting, PO Box 31418, Lower Hutt 5040, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
Spam
Dynamite Design & Hosting has a zero tolerance policy on spam, junk e-mail or UCE. Spam, junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail message, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of the Dynamite Design & Hosting servers and/or network. Violation of the above terms will result in one or all of the following:
- A warning from Dynamite Design & Hosting personnel by E-Mail or Telephone.
- Removal of DNS for the advertised/originating site
- Temporary shutdown of the website/server or a block on outgoing mail
- Permanent disconnection of service, without refund
Repeat violation of the above terms will result in the following actions:
- Immediate disconnection of service with no re-activation
- A $1000.00 NZD fee charged to your account for violation.
- Absolutely no refunds for any reason.
Additional $50 NZD fee charged to your account per E-Mail sent after notification.
If your actions have caused Dynamite Design & Hosting servers or IP Addresses to be placed on ANY blacklists and other mail filtering software systems used by ISP’s and Web Hosting companies around the world, you will be charged $1000 NZD charge to your account and $150 NZD per hour for administrative charges incurred to remove and protect our servers and/or IP Addresses. If you have further questions about our mass mailing policy, please send them to support@dynamite.net.nz. If you want to report abuse by one of our customers, please send the e-mail to abuse@dynamite.net.nz .
Mailing Lists
Dynamite Design & Hosting’s mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.
Access to Other Computers or Networks without Authorisation
Attempting unauthorised and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
