Terms of Service

This Agreement between the parties shall remain in effect between the parties unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein.

Read Our SPAM Policy.....

Termination

Either party may terminate this Agreement without cause upon written notice to the other party. Nothing in this paragraph however shall limit Deepweb Web Design right to terminate Customer immediately and without prior notice for improper use and violations as set forth herein.

Termination of any domain or account will not be processed without the required documentation. Any person wishing to terminate their account or any domain within their account must log on to their hosting account and follow the control panel menu to terminate a domain. Terminations will not be accepted without completing the termination process under their account. No exceptions will be made. The termination process is required for your protection as well as ours. The policy provides evidence that the individual terminating the account is authorized to do so. Email terminations will not be accepted.

In the event that Deepweb Web Design elects to terminate Customer as a result of its improper acts and breach of the terms and conditions contained herein, Customer shall not be entitled to a refund of the balance.

In the event Customer elects to terminate this Agreement, same shall be considered a breach and Customer shall not be entitled to any refund.

In the event that Deepweb Web Design elects to terminate Customer without cause, Customer shall receive a full refund of any balance. However, if Customer terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of any remaining balance.

Liability

Customer agrees that Deepweb Web Design shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.

Customer further agrees that Deepweb Web Design shall not be liable for any damages or losses sustained by Customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.

Customer agrees that it shall not hold Deepweb Web Design liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.

Deepweb Web Design is not liable for customer site content backups on their shared hosting platforms. Deepweb Web Design has made every reasonable attempt to protect the security and integrity of customer's web sites but offers no warranty as to the ability to restore site content in the event of a server failure.

IN NO EVENT SHALL DEEPWEB WEB DESIGN LIABILITY EXCEED THE TOTAL VALUE PAID TO DEEPWEB WEB DESIGN BY CUSTOMER.

Representation and/or Warranties

Deepweb Web Design makes no representations and cannot guarantee that Customer's domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer shall not hold Deepweb Web Design liable for any damages, injuries or losses incurred by Customer as a result of any action instituted by a third party.

Client Content, Backups and Data Loss

Deepweb Web Design assumes no liability for lost content in the event a hardware or system failure occurs and data maintained on the effected servers cannot be recovered from the most recent backup tapes.

Access to client content is provided to all customers at any time. It is the sole responsibility of account owner to insure that they maintain their own backup copy of any materials placed on Deepweb Web Design Servers, or of any database maintained on any server operated by Deepweb Web Design in the event Deepweb Web Design is unable to restore customer content from tape backup.

Statistics, if provided by the plan, are generated by a third party software system. Deepweb Web Design assumes no liability for the accuracy of the statistics provided. Statistics data is kept indefinately, but is limited to the space of your web hosting plan. The management of this statistical data is the clients responsibility

AT NO TIME SHALL DEEPWEB WEB DESIGN ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.

Security

Customer understands that the Internet and other various networking communications are not secure. Deepweb Web Design makes every effort to attempt to secure their networks and servers however client content placed on these servers without prior review by Deepweb Web Design may introduce security problems that could affect a single server or multiple servers. Deepweb Web Design is not responsible for any security issues arising from the use of scripts and content on shared, dedicated, or colocated servers.

Deepweb Web Design has the right to immediately remove or disable any feature of any web site or server belonging to any customer hosted by Deepweb Web Design if it has been determined that the customers content or script is causing a potential security issue or has already affected the operation of the server. Deepweb Web Design will not seek approval to remove or disable any program or user deemed to be a security risk on network.

Illegal activities will be immediately stopped by Deepweb Web Design once found and all content on the servers along with logs and any private customer information will be turned over to the authorities.

Applicable Laws

Customer will ensure that its use of the Internet and any service provided by Deepweb Web Design to it complies with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy, and pornography. In the event that Customer violates this provision, Deepweb Web Design shall have the right to consider same a breach of this Agreement by customer which shall entitle Deepweb Web Design to terminate Customer immediately without prior notice.

It shall be within the sole discretion of Deepweb Web Design to deem material as inappropriate.

Integrity of Information

Customer is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.

Account Security

Customer shall be solely responsible for protecting the security of its Internet account and usage. Customer's password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. Deepweb Web Design shall not be liable for any breach of security caused by Customer or third parties. IN NO EVENT SHALL DEEPWEB WEB DESIGN LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN DEEPWEB WEB DESIGN AND CUSTOMER.

Deepweb Web Design will use its best efforts to maintain the integrity and security of Customer's password.

Domain Name Ownership

Customer shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for moving same. Customer shall make payment directly to the issuer. Under no circumstances shall Deepweb Web Design be responsible for this cost.

Mail Services

Deepweb Web Design mail services are available for hosted customers only. Unauthorized use of the mail services is prohibited.

Web based e-mail is provided by Deepweb Web Design for their hosted customers only. This service is not intended to be used as a secure repository for customer e-mail. Deepweb Web Design does not backup the mail accounts of its customers and customers store their e-mail on Deepweb Web Design servers at their own risk.

POP Mail services are not to be used to transfer system backups or disk images. POP3 Mail accounts are limited to via your Control Panel

Bandwidth Usage

Deepweb Web Design reserves the right to review and limit bandwidth on any hosting account package or domain exceeding usage over and above the specified maximum package limits in accordance with the current price list published on the web site. For domains that exceed the stipulated package limit an option of increasing the package limit will be given.

Hosting Account Ownership

The billing contact, as registered with Deepweb Web Design is considered to be the account owner. Deepweb Web Design will not transfer ownership, content, or access to any other party without written consent of the registered Account Owner.

Legal Action

Customer agrees to indemnify and hold Deepweb Web Design harmless in any legal action which arises as a result of Customer's use of Deepweb Web Design services, without limitation or exception including, but not limited to any action brought against Customer by a third party.

Jurisdiction and Governing Law

This Agreement shall be governed by the laws of New Zealand and jurisdiction shall lie within New Zealand. CUSTOMER HEREBY CONSENTS TO SUBMIT TO THE JURISDICTION OF NEW ZEALAND.

Headings

Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions.

Modification

The terms and conditions of this Agreement may be modified at the discretion of Deepweb Web Design with 30 days notice to Customer.

Entire Agreement

This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.

Failure to properly notify Deepweb Web Design via e-mail, telephone or regular mail of disagreement with the above terms and conditions will constitute Customer's acceptance of same.

Renewal

Customer's failure to properly notify Deepweb Web Design of its objections to any of the terms and conditions set forth herein shall constitute Customer's acceptance of same.

This Agreement shall automatically renew itself unless otherwise cancelled or terminated by either party in accordance with the notice provision set forth herein.

In the event this Agreement is automatically renewed, Customer agrees to be bound by the Terms and Conditions currently in effect. Deepweb Web Design's current Terms and Conditions may be viewed at www.deepweb.co.nz

Spam Policy

* NOTICE CONCERNING MAILING LISTS, UNSOLICITED MAILINGS (SPAM)*

DEEPWEB WEB DESIGN STRICTLY PROHIBITS THE USE OF THEIR SERVERS TO SEND OR RELAY UNSOLICITED MAIL (SPAM). IF ANY DOMAIN HOSTED BY DEEPWEB WEB DESIGN, PARTICIPATES IN THE SENDING OF UNSOLICITED MAIL, UNSOLICITED BULK MAILINGS, UNSOLICITED SPOT MAILINGS OR ANY OTHER FORM OF MAILING COMMONLY KNOW AS SPAM, THE DOMAIN WILL BE CANCELLED IMMEDIATELY AND ALL ACCESS TO DEEPWEB WEB DESIGN WILL BE TERMINATED. TERMINATION OF THE HOSTING ACCOUNT ON OUR SERVERS APPLIES REGARDLESS OF THE SOURCE/SERVER THE MAIL IS DISTRIBUTED FROM. DEEPWEB WEB DESIGN DOES NOT SUPPORT THE PRACTICE OF SPAM AND WILL TERMINATE THEIR ASSOCIATION WITH ANY COMPANY HOSTED BY OUR SERVERS IF THAT COMPANY HAS BEEN IDENTIFIED AS THE SOURCE OF UNSOLICITED E-MAIL/SPAM REGARDLESS OF THE ORIGINATING SERVER. ALL INFORMATION STORED ON DEEPWEB WEB DESIGN SERVERS WILL BE REMOVED IMMEDIATELY, DNS WILL BE TERMINATED, AND MAIL WILL BE SENT TO THE ABUSE DESK OF THE DOMAIN'S ISP. THERE ARE NO EXCEPTIONS AND NO SECOND CHANCES.

MAILING LISTS HOSTED ON DEEPWEB WEB DESIGN SERVERS ARE NOT TO BE USED TO DEVELOP UNSOLICITED MAILING LISTS OR BULK MAILING LISTS.

I ACKNOWLEDGE THE POLICY CONCERNING UNSOLICITED MAILINGS AS STATED ABOVE AND I HEREBY AGREE NOT TO USE THE EQUIPMENT OWNED AND OPERATED BY DEEPWEB WEB DESIGN OR ANY OTHER SMTP SERVICE FOR THE PURPOSE OF SENDING ANY UNSOLICITED BULK MAILINGS.