Use Policy (Service Contract)
Signetique is a Web Presence Provider. User accounts on our
Internet servers are subject to compliance with the terms
and conditions set forth below. Under the terms of this agreement,
your placement of information on Signetique's servers is an
acknowledgement that you have read and understood this agreement,
and that you agree to be bound by the terms and conditions
below. If you do not wish to be bound by these terms and conditions,
you should not proceed to place any information of any kind
on Signetique's servers.
whose registered office is 206 East Delaware Avenue, Newark,
New Castle County, Delaware.
Provider is in the business of offering online services available through its web site cleverinternet.co.nz to its customers.
(A) Customer 's accounts on the Provider's Internet servers on its aforesaid Web sites are subject to compliance with the terms and conditions set forth below and such terms and conditions as are found in its Web sites when the Customer avails itself of the services at that Web site.
(B) Under the terms of this Agreement, the Customer placement of any information on Provider's server is an admission of having read and understood the terms and conditions of this Agreement, and to be bound by the terms and conditions below.
1. The Provider through its web site at cleverinternet.co.nz arranges for its online services as described in the said web sites and to enable its customers to have an online presence for the conduct of its activities.
2. The services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied in any and all usage of any services offered by the Provider. Any advice or information given by Provider or its agents or employees shall not create a warranty.
3. Provider gives no warranty that the service shall be uninterrupted or error free or that any information, software or other materials accessible on its services are free from viruses or other harmful components.
4. Provider shall under no circumstances be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from Customer's use of or inability to use the services, or for third parties' use of the service to access Customer's Web space, or to access the Internet or any part thereof, or any third parties' reliance of or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.
5. The Provider reserves the right to carry out amendments, modifications or replacements where in its opinion such amendments modifications or replacements are necessary to remove or amend any material which are or are likely to be construed as being illegal, obscene threatening defamatory
discriminatory promoting illegal or unlawful activity or otherwise objectionable or in violation of any rules regulations or laws to which the website is subject and the provider shall notify the Customer accordingly.
6. The Provider reserves the right to refuse to carry out amendments, modifications or replacements where in its opinion such amendments modifications or replacements are or are likely to be construed as being illegal, obscene threatening defamatory discriminatory promoting illegal or unlawful activity or otherwise objectionable or in violation of any rules regulations or laws to which the website is subject and the Provider shall notify the Customer accordingly.
7. The Provider reserves the right to terminate its service to the Customer at Provider's sole discretion and to deny access to all or part of the service without notice if Customer engage in any conduct or activities that Provider in its sole discretion believes violates any of the terms and conditions in this Agreement and the Customer agrees that it shall have no cause of action for any loss of business/profits and or for any damages whatsoever. The Provider shall also have the right to notify directly all the clients and the users of the Customers of its website of the closure.
8. The Provider's services shall be used for lawful purposes only. It is strictly prohibited to use any of these services if the use thereof by the Customer violates any laws rules and or regulations in any jurisdictions.
9. While using the Provider's service, Customer shall not
(a) restrict or prevent any other user from using and having such access to the Internet
(b) post or transmit any material likely to be construed as being illegal, obscene threatening abusive offensive indecent libelous defamatory discriminatory promoting illegal or unlawful activity or otherwise objectionable or in violation of any rules regulations or laws to which the website is subject to including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability
(c) Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
(d) Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);
10. The Customer agrees that as the person legally liable or as the authorized person for use of this account, complies with the minimum age of 18 years of age and shall furnish the Provider with a current and truthful name, postal address and telephone number for its records, and this obligation shall continue throughout the duration of this Agreement any changes to be notified to the provider in writing within 3 days from the change taking into effect.
11. The Customer consents to the Provider monitoring the services electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers.
12. The Customer unconditionally accepts that by placing information on Provider's servers that such information becomes available to all Internet users and that Provider would not be able to limit or restrict access to such information or protect such information from copyright infringement.
13. The Customer undertakes complete responsibility
and risk in using the Provider's servers and the Internet
and it shall be the Customer sole responsibility (a) to evaluate
the accuracy, completeness, and usefulness of all opinions,
advice, services and other information, and the quality and
merchantability of all merchandise offered by the Provider
or on the Internet generally. (b) for the files and data residing
on Customer's account and for files and data transferred and
to maintain all appropriate backup of files and data stored
on Provider servers. (c) to update the Provider with the latest
administrative contact information as and when these are changed.
14. Customer agrees not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access outside to that which Customer is authorized for, and impairing the availability, reliability, or quality of service for other customers.
15. Customer further agrees not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access and to comply with the Acceptable Use Policy of any network or service connected to.
16. Customer shall adhere and comply to system policies whether now or in the future as published online by Provider, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service by Provider.
17. Customer accepts that the security of its account is its sole responsibility and shall notify Provider immediately in writing by registered mail, return receipted, to Provider at the above address in the event the Customer believes that the security of its account had been compromised in whatsoever manner. The Customer shall be wholly responsible for any misuse or compromise of its account for which Provider had not been properly notified.
18. The Customer shall pay for the services received from Provider, in advance of the time period during which such services are provided. Customer agrees that all setup fees and domain name fees are non-refundable once setup is completed and that until and unless Provider is notified of the cancellation of any or all services received, those services will be billed on a recurring basis.
19. In the event of payments being effected by credit card Customer shall accept prepayments to be billed and charged automatically, and that Provider may apply the amount due to the provided credit card at any time. However Provider agrees that pro-rated refunds for unused time periods shall be provided upon written request, in the event of account termination and the computation of the refund to be made shall be at the sole discretion of the Provider.
20. If the payments were effected through credit card, the Customer admits being an authorized user of any credit card that it supplies to Provider and accepts that the Provider has an obligation to fully investigate any possible fraudulent credit card use as necessary.
21. The Provider shall suspend and or terminate at its discretion
in the following situations immediately and without notice
and , namely
(a) Customer's use of the Provider's system to engage in software
piracy or other violations of law;
(b) The Customer accepts that if any security violations are
believed to have occurred in association with its account,
pending an investigation and its resolution;
(c) Customer shall not transmit unsolicited or prohibited
advertisement or other materials harassing or illegal through
electronic mail, Usenet postings, or other Internet media
thorough the use of Provider or any other service with reference
to services obtained through Provider, for unsolicited mass
mailings, postings, or other activities considered an annoyance
to others, commonly referred to as "spamming";
(d) use of any material which are or are likely to be construed
as being illegal, obscene threatening defamatory discriminatory
promoting illegal or unlawful activity or otherwise objectionable
or in violation of any rules regulations or laws to which
the website is subject.
(e) Customer's non-payment
22. In any of the above situations the Provider shall notify the appropriate authorities accordingly and release all information to the appropriate authorities even if such information is confidential or received confidentially and in pursuance thereof cooperate in any government or legal investigation regarding any aspect of services rendered or sold to the Customer
23. In any of the above situations the Provider shall not be liable for any damages expenses loss of business/profits costs howsoever caused to the Customer by the decision taken by the Provider to suspend or terminate the Customer's accounts with the Provider.
24. In the event Customer is dissatisfied with Provider service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue/terminate the service and such refunds if any to be made by the Provider to the Customer shall at the sole discretion of the Provider.
25. The Provider is under no obligation to notify any third-party
providers of services, merchandise, or information, nor any
liability for any consequences resulting from such discontinuance
or lack of notification. However the Provider may do so if
in the discretion it considers necessary. Further, it is the
sole responsibility of Customer to notify Provider of any
changes in mailing address, phone numbers, email address or
any other contact information. Failure to notify Provider
of such changes may prevent Provider to communicate with or
notify Customer of important information that may in turn
result in the loss of Customer's domain name(s) or suspension
or termination of Customer's account. It is the sole responsiblity
of Customer to ensure that such changes/updates have been
received by Provider.
26. This Agreement supercedes all prior agreements,arrangements and understandings whether written electronic or oral between the parties and constitute the entire agreement between the parties relating to the subject matter herein. No addition to or modification of any provision of this Agreement shall be binding upon the parties unless made by a written instrument signed by a duly authorized representative of each of the parties.
27. Notwithstanding that the whole or any
part of the clauses in this Agreement may prove to be invalid
or unenforceable all other clauses of this Agreement and the
remainder and parts of the clauses in question shall remain
in full force and effect and the invalidated or the unenforceable
parts of the clauses shall be read and applied in a manner
as to render it valid and enforceable in accordance with the
laws of the State of Delaware, USA ("Delaware").
28. This Agreement shall be interpreted and
enforced in accordance with the applicable laws of the State
of Delaware, USA ("Delaware") and the United States
of America. Customer agrees that all services provided by
Provider shall be deemed to have been requested and provided
in the State of Delaware. Customer further agrees that the
Court of Common Pleas of the state of Delaware, shall have
personal jurisdiction over Customer and exclusive subject
matter jurisdiction over any and all controversies or claims
arising from or relating to this agreement or the services
provided by Signetique LLC. Customer agrees to accept service
of process related to this agreement by ordinary mail, postage
prepaid, to the most recent address provided by Customer.
29. Any notice or communication under or
in connection with the Agreement shall be in writing and shall
be delivered by way of post e-mail or facsimile to the Customer's
above address or to such address as the Customer had notified
the Provider in writing.
30. Proof of posting or dispatch of any notice
or communication to a party shall be deemed to the proof of
receipt: (a) in the case of letter posted in Delaware on the
7th working day after posting; (b) in the case of facsimile
when confirmed by an activity report indicating that the correct
number of pages was sent to the correct facsimile number and
(c) in the case of e-mail where such-mail has actually been
received by a person designated by the recipient to receive
such a message and such message is in a format decipherable
by the recipient's message or its information system.
31. The Customer shall indemnify, defend
and hold harmless the Provider from any and all liability,
penalties, losses, damages, costs on a solicitor and client
basis, expenses, attorneys' fees of whatever nature arising
out of or in connection with any claim or action made against
the Provider caused by or resulting directly or indirectly
from the use of the services herein without any limitation
or exception or from the conduct of the Customer. This indemnification
and hold harmless agreement extends to all issues associated
with your account, including but not limited to domain name
selection and Web site content.