Standard Terms and Conditions of Service


These Standard Terms And Conditions apply to all Internet site hosting and associated services (the Services) supplied by Webstream Limited (Webstream) to the Customer (the Customer). These terms form an integral part of any Webstream Service Agreement (Service Agreement) issued for the Services. These terms apply to you, the Customer, and are intended to ensure that you know your rights and obligations while using the Services. Please read these terms and conditions carefully. It is a condition of your use of the Services that you comply with these terms and conditions.

1. The Service Agreement - the Services are defined in the Service Agreement supplied to you at the time of first delivery and commence on the date entered on the Service Agreement, continuing until either party terminates by 90 days notice in writing to the other party except where otherwise agreed in the Service Agreement. On termination or expiry of any Service Agreement for any reason, Webstream may delete all of your data from any storage media. If for any reason you are not provided with a Service Agreement when the Services commence you must request one to protect your rights.

2. Revised Terms – due to the use of third-party network service providers for some of the Services, Webstream reserves the right to modify the technical specification or pricing structure of the Services at any time by general notice on a page of the Webstream Internet site located at www.webstream.co.nz and any use of the Services after publication of this notice will constitute acceptance of these revised terms.

3. Logins - Webstream will assign the Customer one or more logon names and passwords to access the Services. These login names and passwords are confidential and must not be revealed to unauthorised users. It is the responsibility of the Customer to ensure that these details are changed regularly and Webstream in not responsible for any data modification or data loss caused by the authorised or unauthorised use of these login names and passwords.

4. Maintenance - Webstream must perform equipment and network maintenance from time to time. Webstream will attempt to perform maintenance at times that will least affect users of the Services. If maintenance requires the Services to be off-line for more than 30 minutes, advance notice will if possible be given by e-mail to the customer contact specified on the Service Agreement. Webstream is not responsible for interruptions to the Services caused by third party network providers.

4.1 Network Outages - the Customer agrees that Webstream may from time to time without notice suspend the Services or disconnect or deny access to the Services during any technical failure, modification or maintenance involved in the Services and that these events may be caused by the failure of one or Internet devices or network circuits belonging to other network providers beyond the control of Webstream. It these cases Webstream will make all reasonable endeavours to resume the Services as soon as reasonably practicable.

5. Data Archiving - Webstream will archive Customer data onto magnetic tape or disk backup devices on a regular basis for the purposes of disaster recovery. In the event of equipment failure or data corruption, Webstream will restore the Services from the last known good archive and cannot be held responsible for any data loss so caused. Webstream requires that a complete copy of all data used for the Services be kept by the Customer at all times.

6. Public Domain – not withstanding any security mechanisms put in place for data protection, it is not possible for Webstream to guarantee the absolute confidentiality of any data provided by the Customer for use on the Internet. The Customer agrees that any data provided for the Services is released to the public domain even if password protected or digitally encrypted.

7. Payment - the Customer will promptly pay for the Services as agreed in the Service Agreement, including all time charges, minimum charges and other amounts incurred or incurred as a result of any use of any login, or as a result of any requested support operation or excess Internet traffic charge. Webstream reserves the right to withdraw the Services for non-payment.

8. Warranties and Liabilities - Webstream provides no warranty that the Services provided under any Service Agreement will be uninterrupted or error free, or that the Services will meet Customer requirements other than as expressly set out in the Service Agreement.

9. Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies in this agreement any term, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, Webstream liability for any breach of the term will, if permitted by that statute be limited, at our option, to the resupply of the services again; or payment of the cost of having the services supplied again.

10. Customer obligations - The Customer warrants that:

a. At the time of entering into this agreement the Customer is not relying on any representation made by Webstream which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material that Webstream has produced;

b. The Customer will conduct such tests and computer virus scanning as may be necessary to ensure that any data uploaded to Webstream equipment is free of any computer virus and will not, in any way, corrupt the data or systems of any person;

c. The Customer will keep secure any passwords used to upload data to the Server or provide access to any other Webstream service;

d. The Customer accepts responsibility for all information and material publicly issued during provision of the Services and indemnifies Webstream against any liability in relation thereto.

e. In particular the Customer undertakes not to publish or issue any information that is contrary to Webstream’s Acceptable Use Policy, illegal or offensive including but not limited to pornography, unsolicited e-mail, radical political statements or other material likely to offend any user of the Services.


11. Webstream Acceptable Use Policy

a. Webstream is not responsible for the content of user originated traffic;

b. Webstream exercises no direct supervision or control whatsoever over the content of the information passing through the Webstream network;

c. Responsibility for traffic that does not conform to this policy lies with the sender of the traffic.

d. If the Customer permits others to use the Services, the Customer is responsible for making all users aware of this policy and for obtaining compliance.

e. The Customer is also responsible for complying with the conditions of use of all other networks and must comply with any acceptable use conditions that apply to that network.

f. It is the Customer’s responsibility to use the Services in a manner that does not violate any applicable laws or regulations.

g. All users must respect the conventions of any Internet newsgroups, lists and networks that are used.

h. The Customer must respect the legal protection afforded by copyright, trademarks, license rights and other laws to any materials accessible via the Services.

i. The Customer must use the Services in a manner that does not interfere with or disrupt other network users, services or equipment, and refrain from acts that waste Internet resources or prevent other users from receiving the full benefit of the Services.

j. It is not acceptable to use the Service for any purpose that violates local, State, Federal or international laws.

k. It is not acceptable to use the services to violate copyright or other intellectual property rights, illegally store, use or distribute software, transmit threatening, obscene or offensive materials; engage in electronic ‘stalking' or other forms of harassment such as using abusive or aggressive language.

l. It is not acceptable use to misrepresent or defame others, commit fraud or gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet.

m. It is not acceptable use to damage, modify or destroy the files, data, passwords, devices or resources of any Internet user, engage in misleading or deceptive on-line marketing practices, conduct any business or activity or solicit the performance of any activity that is prohibited by law, make an unauthorised transmission of confidential information or material protected by trade secrets

n. It is not acceptable use to distribute messages to inappropriate or unrelated forums, newsgroups or mailing lists (`spamming'), send unsolicited commercial messages, propagate computer worms, viruses and other types of malicious programs.

12. Account monitoring – The Customer agrees that Webstream may from time to time monitor use of the Services, but only to ensure that the Services are performing correctly in accordance with the Service Agreement. Webstream fully respects Customer privacy.

13. Release of information – The Customer agrees that Webstream may be required by present and/or future legislation to provide information or facilitate the provision of information about any Customer use of the Services to authorities and law enforcement agencies from time to time. The Customer agrees that Webstream will provide this information on request as required by New Zealand law.

New Zealand Unsolicited Messages Act 2007

The New Zealand Unsolicited Electronic Messages Act came into force in 2007. The Act prohibits electronic spam with a New Zealand link. A useful guide to these regulations has been published by the Department of Internal Affairs and this is available for download here.