Upon signing up for Six50's services, all customers agree to comply with Six50's Terms of Use. The policy is aimed to ensure our customers are using Six50's services with due regard to the rights of other Internet users and in conformity with the requirements of Six50's network environment.

This Agreement shall be governed by and interpreted in accordance with the laws of New Zealand, and the courts of the judicial district of the City of Auckland shall have exclusive jurisdiction in respect of any proceedings in connection with this Agreement.

Illegal Use

Six50 servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.

Furthermore, use of Six50' servers, or other network resources, to gain unauthorized access to other Internet users and/or other networks, is strictly prohibited.

Adult Content

Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited on shared servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Security

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

CGI Scripts

Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice.

Server abuse

Any attempts to undermine or cause harm to a Six50 server, or any customer of Six50, is strictly prohibited. Any sub-networks of Six50, must adhere to the above policies. The failure to meet, or follow any of the above guidelines, are grounds for account deactivation. We reserve the right to remove any account without prior notice, if we have reason to believe that any of the terms outlined in this Agreement, are violated.

Any client who uses Six50’ servers for development or debugging an application, or who knowingly runs an application, that crashes or causes harm to the server, is violating this Agreement and risks account termination. We will not allow any services or programs that in any way potentially affect the security, speed, and/or stability of our servers. This includes but is not limited to third party COM objects, CFX tags, CF tags or DLLs (please see Third-Party Software below) that we feel present a risk; the use of ODBC RDS; anonymous FTP upload; access attempts targeted at other customer directories or databases; the use of CGI programs making remote calls via TCP/IP ports; and any other product or activity which in any way, shape or form diminishes the functionality of Six50’ servers. Any customer that is found in violation of the above is in danger of account termination.

No proxy or bouncing services are allowed on our servers. This includes irc, cgi, and web proxyies. Anything designed to hide an end users IP address is not allowed.

If there is any doubt as to what is acceptable to run on the server, please contact our Customer Support department via e-mail to: support@650.co.nz.

UCE (Unsolicited Commerce Email) - SPAM

Spamming, or the sending of mass unsolicited email, from or through a Six50 server, to a Six50 customer(s), or using an email address that is maintained on a Six50 machine is STRICTLY prohibited. Six50 will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a Six50 server as a maildrop for responses, you are in violation. Violators will face an immediate suspension and indefinite removal from our network, as well as a minimum fine of $250 and other recourse, as applicable.

Server Resources

Any web site that uses a high amount of server resources, such as, but not limited to, CPU time, memory usage, and network resources, will be given the option to pay additional fees, which will depend on the resources required or reduce the resources used to an acceptable level. Six50 shall be the sole arbiter of what is considered to be a high server usage level.

Any hosting account deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice.

Six50's resources may not be resold or redistributed under any circumstances unless prior permission is given. Services included in the reseller packages do not apply.

Virtual Domain and Sub-Domain access may not be given to third parties unless prior permission is given. Services included in the reseller packages do not apply.

IRC

Six50 does not allow IRC or IRC bots to be operated on our servers.

Modification

Six50 reserves the right to add, delete, or modify any provision of this Policy at any time, we will provide 30 days notice to all customers.

Billing and Payment

All fees for web hosting or other services are due in advance and shall be in accordance with Six50' fee schedule, which is incorporated herein by reference and may be amended from time to time. In the event that customer elects to pay with a credit card, the Customer authorizes Six50 Ltd. to charge all fees owed to such credit card at the time or up to 30 days before they become due. Customer agrees to pay a $25.00 (twenty-five dollars) late fee if customer's account or accounts become more than fifteen (15) calendar days overdue or if the Customer's credit card is not accepted when a charge is processed. Fees for renewal periods after the Initial term shall become due within the 30 day period before the first day of such renewal period. Globat may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance or a lesser amount where required by law for each month or portion thereof the overdue amount remains unpaid. In addition, in the event that any amount due to Six50 remains unpaid thirty (30) calendar days after such payment is due, Six50 Ltd, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. Customer agrees that Six50 may impose a $30.00 (thirty dollars) fee to reinstate accounts that have been terminated or suspended. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of Six50 Ltd.) shall be paid by the Customer.

Customer agrees that Six50 Ltd. may charge in advance all fees due for the Services provided to Customer under this agreement to the credit card supplied by Customer during registration or at any time thereafter and the Customer specifically agrees not to charge-back or dispute any payments Six50 Ltd. processes through the Customer's credit card.

To avoid interruptions in service, accounts are billed on a recurring, subscription basis. Accounts will automatically renew unless explicitly cancelled prior to the renewal date.

Technical Support

Although our staff will work hard to tackle any technical issues you may run into, we can not offer any tutorial services and can not help you build or maintain the design of your website. Basic Internet knowledge is required to use our services. Customers are expected to understands concepts such as Email, FTP, HTML, and navigating the Web using a Web Browser. Customers are also required to have a working email address which does not reside on our network.

Cancellation Policy

Six50 aims to deliver premium web hosting and e-commerce services by incorporating the latest in technologically advanced infrastructure, and an experienced and dedicated support staff. Further, in an effort to reduce initiation costs to our customers we have waived setup fees on many of our service plans. Certain packages will have non-recurring, one-time setup charges, to offset provisioning costs.

In order to cancel your web hosting service, you must submit your request in writing, by e-mail, to: billing@650.co.nz before your services renewal date, or a penalty cost may apply. The cancellation request MUST be submitted from the account's primary email address for authenticity purposes. Cancellation requests made by telephone, or by e-mail to any other department, will not be processed.

If Six50 cancels this Agreement pursuant to any of the terms outlined in this agreement Six50 shall not refund to Customer any fees paid or prepaid in advance of such cancellation and Customer shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. Prepaid hosting fees are not refundable, if Six50 terminates this agreement for cause. Six50 shall also have the right to charge customer a minimum of $50.00 Breach-Of-Contract fee.

Under our "30 Day Money Back Guarantee" program, Six50 will provide customers with a full refund on all hosting services paid, if the customer requests the service cancellation with a valid customer service complaint, within the first thirty (30) days of account activation. Thereafter, refunds on all accounts (including annual and quarterly packages) will be pro-rated, based on the monthly rate. This guarantee does not apply to accounts that have been closed or suspended due to a violation of this Agreement. Accounts that have been suspended or deactivated as a result of a violation of this Agreement are not eligible for refunds.

To avoid interruptions in service, accounts are billed on a recurring, subscription basis. Accounts will automatically renew unless explicitly cancelled prior to the renewal date.

EXCLUSIVE REMEDY

YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE(S) DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL Six50, ITS LICENSORS AND CONTRACTORS (INCLUDING THIRD PARTIES PROVIDING SERVICES AS PART OF THE SUBSCRIPTION SERVICE FOR WEBSITES FROM Six50) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF Six50 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN Six50' LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES.