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Update: Please see 3.6, 7.6, and 7.7
for new Anti-SPAM provisions in our T&C.
This agreement represents the complete agreement and
understanding between iGRIN Internet (iGRIN) and the account holder
(User) and supersedes any other written or oral agreement. Upon
notice published on-line, iGRIN may modify these terms and
conditions, amplify them, and/or modify the prices, as well as
discontinue or change the services offered. Where changes to Terms
and Conditions may have a material detrimental effect on the User,
iGRIN will provide a minimum of 10 Working Days notice of these
changes, which will be communicated to Users by e-mail and published
on iGRIN’s website at
http://www.igrin.co.nz/terms.html.
If you do not agree to these terms and conditions, please notify
our Customer Service Department on 09-430-3540 so that we may
initiate the termination of your user account. If you have any
questions about the iGRIN Terms and Conditions for Use, please call
or send an email to
igrin@igrin.co.nz.
Section 1 - Provision of Services
1.1 iGRIN will provide services on its computing and network
systems to individual Users in exchange for payment of fees and
compliance with the terms and conditions of this document.
1.2 iGRIN services include the provision of access to computing,
telecommunications, software, and information services provided by
others via the Internet.
1.3 iGRIN may also provide computer software and programs with
its user accounts. However, iGRIN does not provide a warranty,
either expressed or implied, as to the usability or behavior of
these programs.
1.4 iGRIN provides access to the USENET discussion groups
(newsgroups). Some of the discussions contain language, pictures or
other material about subjects intended for Adult audiences. Account
holders less than 18 years old must have a parent or legal guardian
agree to these conditions to indicate acceptance and knowledge of
this.
1.5 iGRIN provides connectivity to the Internet and allows
personal web pages to be placed on the World Wide Web per the terms
and conditions outlined in sections 2, 3 and 7 of this agreement.
1.6 iGRIN will publish a notice of any changes in frequency of
billing or fee increases on-line at least 10 working days before
such increases will take effect and these will also be communicated
to Users by e-mail.
Section 2 - Use of Material
2.1 Public Domain materials (e.g. images, text and programs) may
be downloaded or uploaded using iGRIN services. Account holders may
also re-distribute materials in the public domain. The User assumes
all risks regarding the determination of whether the material is in
the public domain.
2.2 As provided by International treaties, copyrighted materials
(e.g. images, text, and programs) may not be uploaded using iGRIN
services without the permission of the copyright holder. Except as
expressly permitted, materials under copyright may not be
distributed to others. Copyrighted material may not be changed nor
can the author attribution notices or the copyright notices be
modified.
2.3 Note that some materials available on the Internet are called
"SHAREWARE". These materials may be downloaded and used, but they
are copyrighted materials. The copyright holder usually gives
permission to use the material for examination. If you choose to
continue using the materials, the copyright holder requests that you
register your usage and may ask that you pay a license fee.
Section 3 - Use of Services
3.1 iGRIN user accounts are for individual users and the User
therefore agrees not to share the account with other users. The User
acknowledges that iGRIN will terminate the account after appropriate
notification if the User does not comply.
3.2 The User agrees to maintain a secure password to the account.
Secure passwords are those that are between 6 and 8 characters long,
contain lower case letters, and numbers or other characters, and can
not be found in direct or reverse order in a dictionary, without
regard to the language of the dictionary.
3.3 The User agrees not to use any process, program, or tool via
iGRIN services for guessing the passwords of users on iGRIN or other
systems. The User agrees not to use iGRIN services to make
unauthorized attempts to access the systems and networks of others.
3.4 The User agrees to use the services provided by iGRIN as
permitted by applicable laws. The User agrees, therefore, not to use
these services to conduct any business or activity or solicit the
performance of any activity that is prohibited by law.
3.5 The User acknowledges that iGRIN is a commercial entity.
iGRIN may be used by Users to conduct legal businesses. These
businesses should not, however, impinge upon the use of iGRIN
services by other users. iGRIN services should not be used to send
unsolicited advertising or promotional materials to other network
users. Electronic mail and appropriate USENET newsgroups may be used
in the conduct of legitimate businesses.
3.6 The User explicitly agrees not to use electronic mail
services provided by iGRIN for the use of unsolicited commercial
communication. This form of e-mail communication is known as "SPAM",
and is now illegal in New Zealand as per the Unsolicited
Electronic Messages Act 2007.
3.7 The User is permitted to establish a personal web site on
iGRIN's servers. A personal web site may not be used to conduct
business, including, but not limited to, selling a product, service
or goods, advertising, or any other type of electronic publishing
that iGRIN may deem to be of a commercial nature. If the User wishes
to publish such a web site, it must be done using one of iGRIN's
commercial presence accounts. Furthermore, bandwidth, or the number
of visits or hits that a site takes, are not monitored on personal
accounts. However, users who have personal sites that exhibit high
usage, which shall be defined as personal web sites that transmit in
excess of 1000 megabytes of data per month, may, at iGRIN's sole
discretion, be asked to upgrade the site to a commercial account or
remove the site from iGRIN's server.
3.8 The User acknowledges that iGRIN may, at its sole discretion,
disable or remove any material published on a User’s web site, that
iGRIN deems inappropriate. iGRIN may also disable a site that is
experiencing excessive usage as defined in section 3.7 of this
agreement, while the User is contacted to determine if the User
wishes to convert the site to a commercial web site or discontinue
the use of iGRIN's services.
3.9 iGRIN may scan emails through its system for Viruses and if
detected the email will not be delivered and notification of this
will be sent to the sender and the receiver.
3.10 All domains hosted with iGRIN agree to be hosted for no less
than 1 year. After 1 year, if a business wishes to change hosts,
they must supply 1 month's notice on their business letterhead
before hosting by iGRIN can cease.
Section 4 - Indemnification
4.1 The User acknowledges that iGRIN makes an honest effort to
keep the information available on iGRIN's systems accurate. However,
iGRIN can make no warranty of any kind, either expressed or implied,
regarding the quality, accuracy, or validity of the data and/or
information available. Use of information obtained from or through
iGRIN is at the risk of the User.
4.2 The User also acknowledges that the information available
through the interconnecting networks may not be accurate. iGRIN has
no ability or authority over the material. iGRIN can make no
warranty of any kind, either expressed or implied, regarding the
quality, accuracy, or validity of the data and/or information
residing on or passing through these networks. Use of information
obtained from or through iGRIN services is at the risk of the User.
4.3 The User agrees to indemnify and hold iGRIN harmless from any
claims, including solicitor's fees, resulting from the User
receiving iGRIN services that cause direct or indirect damage to the
User or another party.
Section 5 - Payment of fees and penalties
5.1 The iGRIN billing cycle is in 1 Month periods, starting with
the first day of each calendar month and ending on the last day of
each calendar month. Users will be billed in advance for each
month's usage during the first week of each month (i.e. a User will
be billed during the first week of January for January's access). A
User's initial billing will be prorated to put the User on the
calendar month cycle (i.e. a User who signs up on the 15th of the
month will be prorated and billed for the remaining 15 days of that
month). After the initial billing, the Users will be billed on the
monthly cycle. In the unlikely event of changes to the frequency of
billing, Users will be informed at least 10 Working Days before the
change by e-mail.
5.2 iGRIN user accounts may be paid by cash, cheque, credit card,
eft pos or automatic payment. Accounts paying by cash or cheque will
not be activated until payment is received. Users must pay the
invoice prior to the expiration of the account to avoid service
interruption. Payments are due by the 8th of each month.
5.3 Overdue accounts are those that are unpaid after the due
date, or those whose charges are refused by the User's credit card
company, or direct checking account debits that are refused by the
User's bank.
5.4 Accounts that are overdue are put on "accounting lock" and
may not be used. iGRIN accounts continue to accrue charges while
they are locked.
5.5 Accounts that are on accounting lock will only be "unlocked"
after the iGRIN Accounting Department has cleared the account and
the account is paid in full. Accounts will only be unlocked during
the hours of 9am-5pm Monday-Friday.
5.6 The User acknowledges full responsibility for the account
until payment in full is made.
5.7 Any accounts that have not been paid within 2 months will be
penalised with the addition of 10% of the money owed on their
account as at the date on which 2 months are owing.
5.8 Any unpaid Accounts or Bad Debts will be forwarded to our
Debt Collection Agency and any Extra Costs incurred will be added to
the User’s account.
5.9 A 25% late Penalty fee will be added onto all accounts, when
they are handed over to our debt collectors.
5.10 Any Bad Debts that are forwarded on to the Small Claims
Court will also be liable in paying for those Extra Court Costs,
which will be added on to your account at that time.
5.11 Any accounts paid by cheque may be required to pay a 25 cent
cheque fee.
5.12 The User agrees that they are liable for all of the charges,
for all of the services provided to them, regardless of who actually
uses them.
Section 6 - Account Cancellations
6.1 Signed cancellation requests for iGRIN accounts must be
received in writing via fax or postal service at iGRIN's office.
Such requests must be received before the 15th of each month in
order to be processed so that the customer is not billed for the
next usage period. An account cannot be cancelled before 2 months of
use or until the prepaid amount has been used. An account cannot be
cancelled if there is an outstanding balance owing.
6.2 In no event, other than the willful termination of an account
by iGRIN, will a prorated refund be given to User.
6.3 All iGRIN accounts must be paid in full before the
transaction will be considered complete.
6.4 iGRIN reserves the right to terminate any account at any
time, with or without cause or reason. In the event that iGRIN would
choose to take this action, the User understands and agrees that the
User's only compensation would be a prorated refund for the current
period that the User has already paid.
6.5 The User accepts that they are responsible for notifying
iGRIN of their desire to cancel services with iGRIN and that they
will not rely on the gaining provider's word that they will
undertake this, if they switch providing companies.
Section 7 - Abuse of Services
7.1 Any use of iGRIN system resources that disrupts the normal
use of the system for other iGRIN users is considered an abuse of
system resources and is grounds for administrative intervention.
7.2 Modification, alteration, reverse engineering, decompilation,
disassembly or creation of derived works based on iGRIN proprietary
installation software or associated setup utilities is an abuse of
iGRIN services.
7.3 Depending on the nature and the severity of the abuse, the
user may receive an e-mail warning or, if severe enough, have their
account suspended by iGRIN Technical Support without prior notice.
If the misuse is unintentional, the suspension may be rescinded
following discussion with iGRIN Technical Support. If the misuse is
intentional, the suspension may be rescinded at the discretion of
the Manager. Occasionally, unintentional misuse is misclassified as
intentional misuse. Customers who believe their activity has been
misclassified may appeal to the Manager.
7.4 Personal dial-up unlimited accounts are for the unlimited
usage of ONE person only, with reasonable ATTENDED unlimited use.
Reasonable unlimited use is defined as one person sitting at a
computer using the service, and does NOT include leaving systems
idle for excessive periods of time, leaving systems online for
others' use as file servers, etc. Users may not use "keep-alive"
programs or other time-out defeating programs to intentionally keep
the connection up even though no person is using the system.
7.5 iGRIN Personal WWW pages are for personal use only. They may
not be used for the advertising or promotion of a product, goods,
service, company, or person(s).
7.6 Sending unsolicited or large amounts of unwanted e-mail
messages (whether commercial or not), posting commercial
advertisements in USENET newsgroups, or making large numbers of
article posts to inappropriate newsgroups (behaviour commonly
referred to as "spamming") through iGRIN electronic mail or USENET
news servers is strictly prohibited.
7.7 Specifically, sending unsolicited commercial electronic
messages is illegal under the Unsolicited Electronic Messages Act
2007 and will result in account suspension / termination without
notice.
7.8 Users will not attempt to vandalise any portion of iGRIN's or
other systems connected to the Internet. "Vandalism" means any
malicious attempt to harm, destroy or disrupt the service in any
manner. This includes, but is not limited to, hacking attempts,
transmitting computer viruses, unauthorised use of User accounts,
the execution of programs that result in unwarranted network traffic
or server utilisation which may or may not disrupt the network load,
the transmission or execution of worms, trojan horses or any other
computer program code or data which may possibly damage or disrupt
the system(s). If a User has any question as to whether or not a
computer program is hazardous or considered inappropriate, please
contact iGRIN Customer Service on 09-430-3540 prior to running or
installing the program.
7.9 The use of profanity, sexually explicit language, or sexually
explicit material on World Wide Web homepages stored in an iGRIN
user account, or in electronic mail stored or transmitted through
iGRIN computer systems is strictly prohibited.
7.10 The use of copyrighted materials, without permission of the
copyright holder on World Wide Web homepages stored via an iGRIN
user account is also strictly prohibited and may infringe
international copyright laws.
7.11 Violations of any of the iGRIN conditions of use are
unethical and may be criminal offences. You are expected to report
to iGRIN any information you may have concerning instances in which
the conditions of use have been or are being violated. When iGRIN
becomes aware of possible violations, we will initiate an
investigation. At the same time, in order to prevent further
unauthorised activity, iGRIN may suspend access to services to the
individual account in question. Confirmation of violations may
result in cancellation of the individual account and/or criminal
prosecution. The account suspension may be rescinded at iGRIN's
discretion.
Section 8 - Indemnity
8.1 The Customer agrees to indemnify and hold harmless iGRIN from
any and all claims resulting from the Customer's use of iGRIN's
services that cause damage to the Customer or a third party.
Section 9 - Disclaimer
9.1 iGRIN makes no warranties of any kind, whether expressed or
implied, for the services it provides. iGRIN also disclaims any
warranty of merchantability or fitness for a particular purpose.
iGRIN will not be responsible for any direct, indirect or
consequential damages that may result from the use of its services
including loss of data resulting from delays, non-delivery or
interruption in service.
9.2 iGRIN accepts no liability for Consequential Damages when
installing Third Party software supplied by or downloaded from
iGRIN.
9.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL iGRIN OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY
OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE
ANY THIRD PARTY SOFTWARE PRODUCT SUPPLIED BY, OR DOWNLOADED FROM THE
iGRIN SERVER, EVEN IF iGRIN HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
Section 10 - General
10.1 These Terms and Conditions supersede all previous
representations, understandings or agreements and shall prevail
notwithstanding any variance with terms and conditions of any order
submitted. 10.2 In the event that any portion of this agreement is held to be
unenforceable, the unenforceable portion shall be construed in
accordance with applicable law as nearly as possible to reflect the
original intentions of the parties and the remainder of the
provisions shall remain in full force and effect. 10.3 iGRIN's failure to insist upon or enforce strict performance of
any provision of this agreement shall not be construed as a waiver
of any provision or right. Neither the course of conduct between
parties nor trade practice shall act to modify any provision of this
agreement. Section 11 - Force Majeure
11.1 In the event that either iGRIN Internet or the User is
incapable of performing its obligations to the other due to a Force
Majeure event, that party shall immediately attempt to give notice
to the other and must do everything reasonably possible to resume
performance without delay. The performance of this agreement will,
to the extent that it is made impossible by such circumstances, be
suspended until such circumstances cease to prevail. Failure by
either party to perform its obligations under this Agreement due to
a Force Majeure event shall not be a breach of those obligations.
11.2 Force Majeure means any act of God or act of nature, strike,
lockout, work stoppage or other labour hindrance, confiscation or
expropriation, embargo, electrical supply failure, fire, smoke
damage, flood, water damage, ice, explosion, nuclear accident,
sabotage, revolution, riot, act of war whether declared or not,
warlike operations, any act or terrorism, requirement or restriction
of governmental authorities, land slide, epidemic, quarantine
restriction, and any cause beyond the reasonable control of the User
or iGRIN Internet preventing either of them performing their
obligations under this Agreement.
Revised: 15th September 2008 |
