• Communication
• Server Use
• Use Policy
• High resource user policy
• Banned scripts
• Adult content policy
• General content policy
• E-mail policy
• Payment policies
• Payment options
• Cancellation and refunds
• Indemnification
• Hosting policies
• Web Site, Server, and Network Content/Use Provisions
• Communication
• Technical Support
• Deactivation and Termination
• Payment Policies
• Service Rates
• Term (length) of service
• Indemnification
• Disclaimer
• Dispute resolution and governing law

Host Master provides World Wide Web page hosting, Host Master reserves the right to suspend or cancel any customer's access to any or all services provided by Host Master. When Host Master decides that the account has been inappropriately used or otherwise. Inappropriate use of accounts are not entitled to a refund of any kind.

Communication

Communication between the company Host Master its employee's and our clients is regarded as strictly confidential, therefore we stress that any phone, written or email communication is not to be published anywhere, which includes a website, message forum, newspaper or any other media without the written permission of CEO Wayne Davies .

Host Master provides World Wide Web page hosting, Host Master reserves the right to suspend or cancel any customer's access to any or all services provided by Host Master when Host Master decides that the account has been inappropriately used or otherwise. Inappropriate use of accounts are not entitled to a refund of any kind.

Server use

Personal accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away web-hosting services of their website to other parties.
Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads.
Host Master reserves the right to refuse service and/or access to its servers to anyone.
Host Master does not allow any of the following content to be stored on its servers:
- Illegal Material - This includes copyrighted works, commercial audio, video, or music files and any material in violation of any Federal, State or Local regulation.
- Warez - Includes pirated software, ROMS, emulators, freaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

Use policy

You can run any CGI and non-CGI scripts you desire, however we reserve the right to disable any script that dramatically affects server performance.

High resource user policy

Resources are defined as bandwidth and/or processor utilization. Host Master may implement the following policy to its sole discretion:
When a website is found to be monopolizing the resources available, Host Master reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.

Banned scripts

GreyMatter
UBB (all versions)
IkonBoard (perl/cgi version)
YaBB (perl/cgi version)
Any IRC related software
Proxy Servers
nph-proxy
The Anonymizer
lstmrge.cgi
topsites.cgi
bindshell
psybnc

Furthermore we strictly prohibit the use of bulletin boards which run server intensive flat file systems, we do supply a fully pre-installed bulletin board phpbb.

Adult content policy

We do not host or link to any websites which display adult content such as pornographic material, escort services or the like.

General content policy

We do not host or link to any websites which contain, advertise or display content which we consider to be gambling related or alcoholic beverage sales.

E-mail policy

Host Master strictly prohibits harassment, whether through language, frequency, or size of messages. Forging of header information is not permitted.

Host Master does not allow unsolicited mail (UCE). This includes "Spamming" and "Bulk Mail" sent to persons who have otherwise not requested to receive such mail. The reason for this is that not only is it generally frowned upon by the internet community, but it also demands extra bandwidth to handle the effects of such mail. Websites found to be sending UCE will be terminated without notice.

"Safe-In Lists" Host Master views this as opt-in spam lists and is viewed as abuse toward our service offerings, Host Master does not allow customers to host, or offer safe-in list hosting or mailing lists unless an exception is given directly by management.
If its found any client has setup an account with Host Master, for the express terms of sending unsolicited email, Host Master reserves the right to charge a one time administration fine of $500.00 and immediate account suspension and removal of files from our servers if Host Master can show proof the client has sent the email from Host Master servers. High penalty yes it is, we can lose our right to precede as a business and worse still it jeopardizes ongoing performance and viability for our current customers.

Payment policies

All accounts are set up on a prepay basis. Although Host Master reserves the right to change prices of accounts or services at any time.
Payment is due each anniversary year or month following the date the account was first billed. Customers WILL automatically be billed again at the end of their prepay period.
In addition, Host Master reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was created. To reactivate a suspended account (due payment problem) a $10 reactivation fee must be paid for each suspended domain/account established to the time that the customer sends a written cancellation request.
No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via e-mail shortly after the purchase has been made. All payment is only accepted in New Zealand and US dollars.

Cancellation of services requires at least 5 days notice, although Hostmaster does not add on a setup fee, there is a cost which is built into the first months hosting, any refunds will be an amount less the first months hosting plan.

Payment options

In order to streamline our accounting procedures and keep costs down Host Master accepts:
Direct bank transfer, Cheque (NZ only), PayPal.

Cancellation and refunds

Host Master reserves the right to cancel the service at any time. Customer refund requests are to be sent to sales@HostMaster.co.nz and will only be processed in the cases of service non-performance that might be caused by Host Master's side, refund requests may be refused if it's requested for any cause that's out of Host Master's side, for example:
- Domain transfer failure.
- Failure of any third party programs that are not supported by Host Master
- Customers lack of experience in dealing with web basics and communication protocols
-Network outages beyond our control such as DOS attacks to the network

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Host Master harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Host Master, Its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Host Master against liabilities arising out of:
(1) any injury to person or property caused by any products sold or otherwise distributed in
connection with Host Master's server.
(2) Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party.
(3) Copyright infringement.
(4) Any defective products sold to customer from Host Master's server.
DISCLAIMER
Host Master will not be responsible for any damages your business may suffer, Host Master makes no warranties of any kind, expressed or implied for services we provide.
Host Master disclaims any warrantor merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Host Master and its employees.

Hosting policies

(Terms of Service (TOS) and Authorized Use Permit (AUP))

The basics (but not limited to) in plain english:
1. nothing illegal! - No illegal spamming, unsolicited email (opt-ins are ok), warez, serial numbers, cracks, codes, stolen MP3's etc...
2. No adult anything.
3. No server abuse.
4. We bill monthly - or yearly your choice.
5. If you violate any of the above policies, Hostmaster will cancel your account (we always contact you first).
This document contains the general terms and conditions on which Hostmaster (we, us, our) provide:
1. domain name hosting services or accounts
2. Email services or accounts
3. Web hosting services or accounts - personal web space and reseller
4. Associated services or software (such as account management software, helpdesk support or content filtering).
Who is the subscriber (you, your)?
The subscriber in this document is the person who provides their personal details when purchasing a web hosting service by telephone, in writing or by using Host Master's on-line sign up page. By signing up on-line, over the phone or by signing a written application, you promise that you are over 18 years of age. If not then you are not authorized to sign up to our service. You may, however arrange for a parent or guardian to sign up instead of you.
The legal version
Authorized Use Policies (AUP)

(For all accounts) Hostmaster has certain ethical, legal and moral responsibilities consisting with the use of its servers and equipment involved in the services of web site hosting, marketing and design. Hostmaster reserves the right to suspend, deny or cancel a subscriber's access to any or all services provided by Hostmaster whenever Hostmaster decides the services it has rendered have been inappropriately used. Use of Hostmaster's service constitutes acceptance and agreement to our policies.

Web Site, Server, and Network Content/Use Provisions

(For all accounts) All services provided by Hostmaster and its underlying service providers may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any New Zealand law is prohibited. This includes, but is not limited to: any material that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction material we judge to be threatening, obscene, profane or objectionable in any way, violent or teaching violence, material that would cause harm to minors, threats and harassment, forgery, fraud, unfriendly network disruptions, and distribution of viruses. The subscriber is also responsible for maintaining insurance cover in respect of any loss or damage to data stored on the server. The subscriber agrees to indemnify and hold harmless Hostmaster from any claims resulting from the use of the service which damages the subscriber or any other party. The subscriber also agrees that Hostmaster may disclose, without subscribers consent, any and all information related to the subscriber and their service with Hostmaster to any law enforcement agent who makes a written request.

Hostmaster is not responsible for any material input by anyone other than Hostmaster and/or posted to the Hostmaster network by anyone other then Hostmaster. This includes the content and links on websites hosted by Hostmaster. Hostmaster disclaims any liability and responsibility relating to inappropriate use or inappropriate content of anything hosted by Hostmaster that Hostmaster did not solely create and post to the Hostmaster network.

Pornography and sex-related merchandising are prohibited on any Hostmaster server. Hostmaster will be the sole arbiter as to what constitutes a violation of this provision. Hostmaster also reserves the right not to host sites that it considers, in its sole discretion, to be religiously or racially offensive or inflammatory. Hostmaster will not host warez sites or anything related to, promoting, or offering warez, serial numbers, cracks, illegal mp3's or anything else that would considered illegal by the laws governing the citizens of New Zealand.

With the few exceptions listed above and below, we support the uncensored flow of information and ideas over the internet. We do not actively monitor the information that our subscribers transmit and receive. However, we do react immediately to any alleged violations of any of our policies in which case we reserve the right to monitor anything on our network and any packet of information that traverses our network.
The subscriber is responsible for sending mail in accordance with any relevant legislation, including but not limited to the Commonwealth Spam Act (2003) and for sending the same in a secure manner. Hostmaster will take all reasonable steps to ensure accurate and prompt routing of messages but will not accept any liability for non-receipt or misrouting or any other failure of email. In the event of deliberate transmission of unsolicited commercial email (UCE), Hostmaster reserves it right to terminate services without prior notification

Server Abuse Issues: (for all accounts) Any attempts to undermine or cause harm to Hostmaster servers or the servers of its underlying service providers or a subscriber of Hostmaster or its underlying service providers is strictly prohibited.

Network security: (for all accounts) Hostmaster shall use reasonable endeavors to ensure the integrity and security of the server; however we do not guarantee that the server will be free from unauthorized users or hackers. Subscribers are prohibited from violating or attempting to violate the security of the Hostmaster network or any of its other subscribers, and should a violation take place, civil or criminal liability may result. Hostmaster will investigate any alleged violations and cooperate fully with law enforcement. Violations include but are not limited to the attempt to login to any machine which the subscriber is not exclusively paying for, interfering with any service by ddos attacking, mail bombing or anything else that would be detrimental to the services that Hostmaster provides, attempting to probe or scan or test vulnerability of any machine on the Hostmaster, forgoing any IP address, and taking any action in an attempt to receive services that the subscriber is not paying for. A violation of any of the above may result in immediate removal from the network.
Hostmaster does not warrant whatsoever that our virus protection services on our servers will stop every virus from reaching the subscriber's computer network. Hostmaster makes no warranty that the service will be error free or free from interruption of failure, and Hostmaster expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.

Right to refuse service and cancel accounts: (for all accounts) Hostmaster reserves the right not to accept accounts for hosting for any reason it deems appropriate. We also reserve the right to cancel an account at anytime, for any reason, other than those stated specifically in this policy statement, with 5 working business days notice. Accounts that violate any of the policies specifically stated herein, including late payment or non-payment of fees owed, may be cancelled with no notice.

Communication

(For all accounts) Our primary means of communications with clients, including for billing purposes and technical support is by email. You must supply us with your current email address so that we may contact you at any time. We cannot be held responsible for not notifying you of any changes to our services or your account cancellation if you do not supply us with your correct and current email address. You should check your email regularly to make sure you do not miss an important notice. We do have a phone number.

Passwords:
You must keep confidential the password you use to subscribe to the service. You remain responsible for any use of the service made using your password.

Technical Support

(For all accounts) Hostmaster shall use reasonable endeavors to provide continuing availability of the server and the services but Hostmaster shall not, in any event, be liable for service interruptions or down time of the server. Technical support is available 24/7/365 from our website under the technical support section (see the Help Desk, FAQ section and the Users Guide). Email technical support is available at support@HostMaster.co.nz. Priority is given to the Help Desk in all cases - phone support is not given priority except in emergencies. For all virtual accounts, tech support covers connecting to the server, setup, email, path, uploading files issues and more but does dot included troubleshooting and editing your perl or other scripts or databases.

Deactivation and Termination

(For all accounts) If any of these terms or conditions are not followed it will result in grounds for account deactivation. Any account on Host Master's servers that is an adult site, contains illegal content as stated in this agreement, caught spamming (sending any unsolicited email legal or not), violating any of Hostmaster 's hosting policies, or abusing the server in any way will automatically be terminated. We may terminate this agreement immediately if you are a company and you go into insolvent liquidation, or if you are a person you are declared bankrupt. We reserve the right to remove any account without notice if any of the terms or conditions stated herein are violated. If such an occurrence takes place, the fees for that month/quarter/yearly service will not be refunded to the subscriber. Fees for the entire month/quarter/year are due if the account is active even just one day of that period. On termination of this agreement Hostmaster shall be entitled immediately to block your web site and to remove all data located on it. After holding the data for a period of no longer than five working business days, Hostmaster shall be entitled to delete all such data if it has not been retrieved at the subscriber's expense. Data retrieval is charged to the subscriber at a fee of $85.00 Hostmaster shall further be entitled to post such notice in respect of the non-availability of your web site as we think fit.

If we deem it necessary to cancel an account for any reason other than those specifically stated in this document, we will give you a five working business day notice of cancellation by email.
If you wish to terminate your account with Hostmaster, the subscriber must notify Hostmaster by email accounts@HostMaster.co.nz within five working business days of the account renewal date. Verbal instruction for cancellations will not be accepted. Your account will be automatically renewed for the same subscription period and you will be liable for, and immediately invoiced upon the commencement of, such additional subscription period if Hostmaster does not receive email authorization for account termination from the subscriber. There will be no credits or refunds to the subscriber's account once an invoice has been generated. On receipt of a subscriber's termination request, Hostmaster will endeavor to cancel that account at quickly as possible.

Hostmaster reserves the right to make any changes to its policies and Hosting plans, pricing, and features offered at any time as necessary and in no way implies fitness of purpose warranties. Hostmaster reserves the right to refuse service to anyone. Hostmaster reserves the right to determine what violates any of Hostmaster's policies.

Payment Policies

(For all accounts) All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. The subscriber is responsible for all money owed on the account from the time it was established to the time that the subscriber notifies Hostmaster in writing for a request for termination of services (see deactivation and termination above). All payment is in New Zealand and US currency and must be prepaid via direct deposit, paypal, cheque and mailed 10 work business days in advance of due date.
Subscribers may prepay multiple months in advance however a discount applies only when a discount is advertised on Host Master's website. A subscriber who prepays and then wants to downgrade their hosting package can do so, but will not be eligible for a refund of any prepaid monies, or a reduction in yearly or monthly charges until the pre-paid period is up.

There is a $5 late fee for all payments that are not on time. The subscriber authorizes Hostmaster to use whatever means necessary to effect payment for overdue accounts or cancellation fees, if any. Once an account is 1 day overdue for payment, the account will be suspended if prior arrangements with Hostmaster have not been made. For cheque, Hostmaster may choose to suspend the provision of services if the subscriber does not make payment within the times set out above until we have received your cheque and it has been accepted as cleared funds by our bank. Suspension of account will cause loss of website service and email service to and from that account. Hostmaster reserves the right to turn over any debts owed to Hostmaster to a collection agency or to attorneys in that order.

If the subscriber desires domain name registration
Hostmaster do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, the subscriber should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.
We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organization regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.
The subscriber acknowledges that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other services are set to expire. It is the responsibility of the subscriber for all domain registration payments. The subscriber is to ensure that the subscriber's domain does not expire unless the subscriber so chooses. Domain registration renewals are the sole responsibility of the subscriber. Hostmaster accepts no responsibility for domains pertaining to the subscriber which may expire. The payment policy for domain registration is the same as all accounts.

Web Site Hosting/email/Secure Web
Refunds and Disputes

(For all accounts) All payments to Hostmaster are non-refundable. Monthly and Quarterly accounts are non-refundable. Yearly accounts are non- refundable, including Domains. All our yearly web hosting accounts are at a discounted price and therefore will not be pro-rated on cancellation. If you dispute a charge made to your credit card by HostMaster and it is found that the charge was valid, you agree to pay Hostmaster a $100 administration fee. Hostmaster reserves the right to cancel service at any time. Any violation of policies which results in extra costs to Hostmaster will be billed to the Subscriber (i.e. transfer, space etc.)

Service Rates

(For all accounts) Subscriber acknowledges that the initial costs and specifications of the service that the subscriber is subscribing to have been disclosed to the subscriber. Hostmaster reserves the right to change pricing and specifications of its service at any time due to market fluctuations, cost to provide service, changes in cost of hardware etc... When changes are made to pricing or specifications of the service Hostmaster is providing that result in lower pricing or in better specifications, Hostmaster will make every effort to pass those changes on to the subscriber, however, in some circumstances additional fees will apply. When changes are made to pricing or specifications of the service Hostmaster is providing that result in higher pricing or in lower specifications, Hostmaster will make every effort NOT to pass those changes on to the subscriber. Hostmaster is not obligated to change the rates and specifications of subscribers existing service for any reason at any time, and it will be at the sole discretion of Hostmaster and based on financial evaluations of what is required to keep Hostmaster a profitable operating company, able to provide the highest quality services to the subscribers.

Term (length) of service

(For all accounts) All hosting packages are yearly, quarterly, month to month billing with the minimum being 1 month. Hostmaster does not pro-rate monthly billing fees. Hostmaster does not require any long-term contracts for any of its accounts.

Indemnification

(For all accounts) Subscribers agrees that it shall defend, indemnify, save and hold Hostmaster harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Hostmaster, its agents, its subscribers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by subscriber, it's agents, employees or assigns. Subscribers agree to defend, indemnify and hold harmless Hostmaster against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Hostmaster's server; (2) any material supplied by subscriber infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to subscriber from Hostmaster's server. This means if Hostmaster is involved in any legal action because of a subscriber or a subscriber of a Hostmaster's subscriber's activity, the subscriber will pay for any and all damages and associated court costs and attorneys fees that Hostmaster incurs.

Disclaimer

Host Master will not be responsible for any damages your business may suffer, Host Master makes no warranties of any kind, expressed or implied for services we provide.
Host Master disclaims any warrantor merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Host Master and its employees.

Host Master reserves the right to revise the above mentioned policies at any time.

Dispute resolution and governing law

(For all accounts)
This agreement shall be governed by the laws in force in the country of New Zealand . Both parties hereby submit to the exclusive jurisdiction of the courts of that country.
Federal and state legislation may give you additional rights beyond those set out in these terms and conditions. Also, such legislation may imply additional terms or warranties in these terms and conditions which cannot be varied. Nothing in these terms and conditions is intended to be inconsistent with, or vary, such rights, terms or warranties.

Host Master reserves the right to revise the above mentioned policies at any time.