World Wide Web Services Agreement
Level One, Suite 135, West Wing, Science Alive Building,
Moorhouse Ave, Christchurch, New Zealand ("the Provider")
Last amended 10/5/98
1.Scope of Agreement
1.1 This agreement applies to the provision of Internet publishing facilities by the Provider to the Publisher.
Internet publishing facilities are primarily WWW publishing services including:
hosting web pages, hosting Virtual WWW servers, telehousing WWW servers with network connection and web promotion
services. This agreement is legally binding on the parties.
2.1 'Dynamic Programming Code' ('DPC') -
includes CGI, Java, ActivX, ASP, Perl and any other form of code or other programmatical
interaction that may be used over the Internet.
2.2 "Impressions" -
means the number of times a promotional banner advertisement is served to a client browser.
2.3 "Index Page" - means a page with at least three Links on that page.
2.4 "Internet Publishing" - may include, but is not restricted to, the following modes:
2.4.1 pages on a WWW server operated by the Provider,
2.4.2 the publisher's own virtual WWW domain server; or
2.4.3 telehousing and/or network connection for the publisher's own WWW domain server.
2.5 'Link' - means an active button, hypertext or graphic on a
WWW page linking to a command, script, item or address.
2.6 'Netiquette' - means Internet etiquette and includes the
Acceptable Use Policy as described from time to time by
2.7 'Publish' means placing material on a computer that is, or can
be, connected to the Internet as a server of information in such
a manner that the material is, or may be, accessible to anyone
other than the author/s of that material.
2.8 'The Provider' means Plain Communications Ltd (Plain Com.).
3. Publisher Obligation
3.1 As a Publisher you agree:
3.1.1 to observe Internet netiquette,
3.1.2 to pay all access charges and fees associated with, or charged to,
your WWW publishing account,
3.1.3 that the WWW publishing account is for the use of the
account holder only. It shall not be lent to any other party for
their use without prior arrangements with the Provider. The
publisher is at all times responsible for any use of the said
3.1.4 to be responsible for the security of your WWW publishing
account and password/s. Keeping your password/s confidential
is the only means of preventing others from gaining access
to your WWW publishing account and publishing facilities.
YOU MUST KEEP YOUR PASSWORD/S CONFIDENTIAL.
3.2 The Publisher shall notify the Provider immediately:
3.2.1 of any change of address, or change of use of the Internet connection.
3.2.2 should the WWW publishing account password/s be
disclosed to any third party, or if the Publisher becomes aware
of any security breach or irregular account activity.
4. Lawful Use
4.1 At all times the Publisher shall observe the laws of New Zealand
and SHALL NOT USE the webserver or associated computer systems for any
illegal or unlawful act including but not limited to the following:
4.1.1 Publication of registration keys to commercial software /
shareware, patches to crack protection on commercial software /
shareware, or commercial software unless this is part of an
authorised reselling operation.
4.1.2 Transfer of any illegal material, and by so doing violate any
applicable laws of the particular country.
4.1.3 Distribute copyrighted material without the permission of
4.1.4 Violate import/export restrictions of any country.
4.1.5 Publish any messages that are defamatory or that contravene
the Human Rights Act or other applicable legislation.
4.2 The Publisher shall fully indemnify the Provider for any and all
costs, and/or liabilities that the Provider may incur as a result
of a breach, or attempted breach, of clause 4.1 herein, by the
Publisher or its agents.
5. Provider's Obligations
5.1 The Provider agrees to use its best efforts to provide WWW
server availability to the Internet, 24 hours a day, 7 days a week.
HOWEVER the server may be taken off-line occasionally for brief
periods during low peak traffic for system maintenance.
5.2 The Provider shall schedule regular backups of material held on
the WWW server.
5.3 On occurrence of a system failure, the Provider will take all
reasonable measures to restore the services offered as soon as is
5.4 The Provider will monitor the system and take all reasonable
precautions to prevent compromise of system security but accepts
no liability for breaches of security.
6. Exclusion Of Liability
6.1 The Provider does NOT WARRANT that server availability will
be without interruption or errors.
6.2 The Provider SHALL NOT be responsible for any loss, financial
or otherwise, incurred by the Publisher, or any third party, arising
from system malfunction or unavailability.
6.3 The Provider SHALL HAVE NO obligation, responsibility or
liability imputed or implied to check the Publisher's material
for viruses or ensure that the Publisher's material is virus free.
7. Provider's Rights
7.1 The Provider may set publishing standards for hosted material
that is linked to (directly or indirectly) or associated with, any of
the Provider's domain names.
7.2 The Provider may require that the Publisher remove and/or
modify to an acceptable standard any items that are substandard,
unlawful, indecent, offensive or concerning which the Provider
has received complaints.
7.3 If the Publisher fails to comply with the Provider's requests to
remove and/or modify published material as required in by the
Provider pursuant to clause 7.2, then the Provider may take the
Publisher's material offline.
7.4 Should the Publisher repeatedly breach the terms of this
agreement, then the Provider may permanently or temporarily
withdraw the Publisher's access to publishing facilities and/or
terminate the Publisher's account.
7.5 The Provider reserves the right to charge for revisionary work
in relation to the Publisher's WWW material where the
Publisher's material infringes the terms of this agreement.
8. CyberMall New Zealand Listing
8.1 The Publisher agrees that the Provider may list the Publisher's
various materials in the indices relating to CyberMall New Zealand
or other search, directory or listing facilities provided or endorsed
by the Provider.
8.2 The Provider may from time to time determine the manner,
style and duration of such listings.
9. Reciprocal Linking
9.1 The Publisher's index pages will display a link to CyberMall New
Zealand and/or CyberPlace as requested by the Provider.
9.2 When the Provider requests a link as in 9.1 a reciprocal link from
CyberMall New Zealand and/or CyberPlace will be established by
9.3 The Provider may list the Publisher's HomePages and other
WWW material in appropriate categories in directories published
by the Provider.
9.4 Where the Publisher's material resides on the Provider's WWW
server or on the Provider's server as a virtual server, then the
Publisher's home page and other index pages shall carry an
appropriate icon and link to either the CyberMall New Zealand
Home Page or the CyberPlace Home Page, as appropriate.
9.5 Without prior approval from the Provider the Publisher may not
carry links to the home or index pages of other New Zealand based
Internet Service Providers, or online Internet Malls. Such
approval may, or may not be given, entirely at the Provider's
10. Dynamic Programming Code - ('DPC')
10.1 Guidelines. The Provider may specify from time to time
guidelines and standards to which all published DPC elements must
conform. For example, DPC elements must not be faulty or make
excessive demands on processor time and shall not be used in any
way to compromise system or network security.
10.2 All DPC elements shall be submitted to the Provider for review
prior to being published on any server owned or operated by the
Provider. The Provider may require that amendments or
modifications be made to DPC elements at the Publisher's cost
prior to publication.
10.3 The Provider may veto, amend or remove DPC elements which
do not conform to the Provider's guidelines and standards.
10.4 Where DPC elements contravene guidelines and standards the
Provider may levy a charge in respect of time taken to review or
amend DPC elements; or remove such code from the system.
10.5 Where there may be network security implications the Provider
is entitled to review any DPC elements on a server that it is
telehousing or to which it is providing network connection.
11. Computer Viruses
11.1 The Publisher agrees that it shall not publish computer viruses.
The Publisher agrees that any and all material that it publishes
or makes available from it's WWW site shall have been virus
checked and shall be free of computer viruses.
11.2 Where there is reasonable cause to suspect that the Publisher's
material contains a virus then the Provider may take any
reasonable steps that are necessary to determine whether the
Publisher's material is so infected.
11.3 Should any of the Publisher's material be found to contain a
virus, then the Publisher will take all practicable steps
necessary to contain the spread of the virus and eliminate the
virus infection. The Publisher shall immediately remove the said
virus from its published material.
11.4 Where the Publisher's material is found to contain a virus, then
the Provider may, entirely at its discretion, take all necessary
and expedient steps to apprehend the virus outbreak. Such steps
may include, but are not confined to, advising the Publisher of
the outbreak, taking the Publisher's material off-line, deleting
infected files, publishing a public announcement concerning the
outbreak, reviewing access logs to the Publisher's material and
mailing an alert to the recipient's.
11.5 The Publisher shall indemnify the Provider against all costs and
damages incurred as a result of it publishing virus infected
material. Any such sums may be invoiced to the Publisher
and treated as an item on the Publisher's account.
12.1 Telehousing and other charges are set out on your account. The
Provider reserves the right to change charges by giving six weeks'
notice to the Publisher.
13. Payments & Collection
13.1 The Publisher agrees to pay by the due date stipulated either by
invoice or within the time stipulated by the Provider's Terms Of
Trade. The Terms Of Trade are made available on the World Wide
Web site at:
13.2 Where the Publisher fails to pay by the due date the Provider
reserves the right to publish a default document in place of the agreed
service. The default document can be viewed on the Provider's World
Wide Web site at:
13.3 Where monthly payments are by credit card, the Publisher
expressly authorises the Provider to hold credit card details and
lodge payment authorisation requests in respect of the ongoing
monthly and traffic charges.
13.4 Should payments be overdue then interest on the overdue sum
shall be payable at the rate of 2% per month and shall continue to be
payable following judgment until the debt is paid in full. The
Provider may recover all actual costs from the Publisher arising
from or in relation to the collection of overdue moneys.
13.5 Any payments that are outstanding and overdue for more than 30
days may be referred to a collection agency for collection.
Should any such overdue payments be referred to a collection
agency then the Publisher agrees to meet all reasonable
additional fees levied by the agency, (typically 15% of the
13.6 Should the Publisher allow any payments to become outstanding
and overdue to the Provider, then the Publisher agrees not to publish
elsewhere over the Internet.
14.1 This agreement shall continue for an initial period of three months
and thereafter until either party gives notice pursuant to this
agreement that it intends to terminate.
14.2 The Provider may terminate this agreement on one month's
notice to the Publisher.
14.3 Provided that all fees are paid up to date as agreed herein, the
Publisher may terminate the agreement by giving one month's
notice of termination to the Provider.
14.4 The Provider may terminate this agreement immediately, if the
Publisher is in breach of the terms and conditions of supply.
15.1 If any provision of this agreement or part thereof is held by a
court to be unlawful, invalid, unenforceable or in conflict with
any rule of law, statute, ordinance or regulation then that
provision or part thereof may be deleted, the validity and
enforcement of the provisions remaining shall not be thereby
16.1 The terms of this agreement may be amended by the Provider
giving one month's notice. Amended terms and conditions are
made available on the Provider's World Wide Web site at:
17. New Zealand Law
17.1 This agreement shall be governed by New Zealand law.
Plain Communications Ltd 1998 ©.