By using Netuoso web services, you agree to abide by these terms and conditions outlined including additions and alterations that may be made in the future. Our Terms and Conditions of Use policy is one of zero tolerance. We reserve the right to immediately discontinue services without liability, refund or continuance of any prepaid service fees. By using Netuoso services, you constitute your approval of our policy.

2) BILLING - GENERAL:

All accounts are set up on a pre-pay basis. Accounts may be paid by credit card, cheque, money order or direct deposit. Customers who set up recurring credit card payments must ensure credit card information is kept current. It is the customers' responsibility to inform Netuoso on changes in credit card type, e-mail address or expiration date to their credit card. Accounts are billed quarterly, half yearly or yearly, depending on your selected option at the time of opening your account. If your credit card or cheque is declined you will have seven days to make the payment good, after which your account will be placed on hold until services are paid for. Any fees occured in reprocessing payments will be passed on to the customer.

3) BILLING TERM:

Netuoso billing terms are quarterly, half yearly or yearly. Currently one months free hosting is provided with each new account. This will make the amount of your first pre payment two thirds of the cost of your selected term. Accounts are payable before your hosting begins

4) CANCELLATIONS:

If for any reason you choose to discontinue using our services you may receive a pro rata refund back to your chosen cancellation date. If transfering to another host be sure to allow at least two days for DNS transfers to take place. Netuoso can not be held responsible for any of your content left on our servers once your account is closed.

5) CONTENT:

You will not in any way use html, java or perl code that will result in unnecessary traffic nor will you install any client side applications that will result in excess traffic. The intent of Netuoso is to provide space to serve web documents, not as an off-site storage area for electronic files. You will also not misrepresent the site in such a way that will result in needless traffic. Some examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, Spamware, Copyrighted MP3s and IRC bots. Netuoso does not support; (i) sexually explicit, obscene or pornographic content (whether in text or graphics); (ii) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise) or that promote any illegal activity; and/or (iii) graphic violence. We will terminate any account that does not conform to these requirements. Netuoso reserves the right to terminate any account, for any reason, without prior notice or warning.

6) E-MAIL:

You will not send out advertising e-mail, unsolicited bulk e-mail (UBE) or Spam, nor do anything that will result in excess mail traffic. You will not use your E-mail account to receive large files or programs over 5 MBs in size. Unsolicited advertising via e-mail or newsgroups is prohibited and will result in immediate account termination without compensation. Spamming, including (but not limited to) mass e-mailing, cross posting, or otherwise causing abuse to others on the Internet is prohibited and will be grounds for account termination without compensation. If you use the services of another provider to promote a web site hosted by or through Netuoso, then the provisions of the above Policy shall apply as if the unsolicited e-mail were sent through our servers.

NOTE: Any accounts caught Spamming, or running Spam scripts, will be charged a $200 clean-up fee.

7) FILTERING/SPAM PREVENTION:

Netuoso uses two filters on all shared servers to help reduce the amount of Spam our users receive. Netuoso has chosen ORDB.org, which is the Open Relay Database, and www.spamcop.net. ORDB.org is a non-profit organization which stores IP-addresses of verified open SMTP relays. These relays are, or are likely to be, used as conduits for sending unsolicited bulk email, also known as Spam. Spamcop will list any IPs that have been sending out reported Spam. If the Spam stops, the IP is released from the database after 48 hours. By using Netuoso, you understand and approve of such filtering. You understand that any person attempting to e-mail you from a server in the Open Relay Database or Spamcop database will be returned to the sender. (In addition Netusoso allows you the option of filtering mail you don't want from addresses you can enter in your control panel.) For more information on ORDB.org, please click here. For more information on Spamcop, please click here.

NOTE: Netuoso will open up IP Addresses if we feel the IP Addresses were added to the third party database erroneously. You will need to contact us and tell us the IP Addresses.

8) ILLEGAL ACTIVITY:

Illegal activities, to include; unauthorized distribution or copying copyrighted software, violation of NZ export restrictions, harassment, fraud, trafficking in obscene material, and other illegal activities will be reported to all regulatory, administrative and/or governmental authorities. Netuoso reserves the right to report all such activities.

9) ACCESS:

Access to our servers is for the express purpose of setting up and managing your web site and e-mail. You are not to use the access to compile or run programs that do not directly relate to the web site. You will not view or attempt to modify files that do not belong to you. It is a crime to access any information in the non-public part of a computer regardless of damage or security of the information. Any actions construed to be negligent or malicious attack is strictly prohibited.

10) RESOURCE USAGE:

Netuoso enforces a strict policy on resource use that all accounts must abide by. In order to keep our servers running at optimal levels, any sites running a process that requires more than 8Mb of memory, more than 30 CPU seconds, or uses more than 10% of all available system resources at any time will be required to move up to a dedicated solution or be hosted elsewhere. Web sites requiring the following are also limited and may not even be allowed at all:

• High CPU-use CGI Scripts - CGI script sharing with domains not hosted by Netuoso is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. If your web site has been shut down at another web host for high CGI resource use, you will certainly be shut down here as well. We will not allow a user's web site to affect the other web site owners on our servers.
• CGI-based Chat Rooms - Netuoso does not allow customers to install their own CGI-based chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. Netuoso does offer Java-based chat for its customers for an additional fee.
• CGI-based Forums - Netuoso does not allow customers to install their own CGI-based Forums. YaBB and Ultimate Bulletin Board Forums tend to require significant system resources and therefore cannot be permitted. Netuoso recommends vBulletin or phpBB.
• Background Running Programs and Cron Jobs - Netuoso may allow programs to run in the background. These programs will be considered on an individual basis. Customers will not be allowed to execute a cron more then once per hour with Netuoso. If you wish to run background programs please contact us so that we can arrange set-up.
• IRC - Netuoso does not allow IRC or IRC bots to be operated on our servers.
• Webcams - Netuoso does not allow web-cams to be refreshed more then once in a 5 minute period. If you require a refresh rate quicker then 5 minutes, you will need to host your site on a Virtual Dedicated Server.
• Hotlinking - Netuoso does not allow hotlinking of any kind (whether hosted by Netuoso or hosted elsewhere). This includes using your site to host images or content that is being used in HTML e-mails sent in bulk.
  

11) BANDWIDTH POLICY:

A generous allowance of bandwidth is included in the hosting price. A customer who regularly exceeds this allowance will be charged accordingly. Note some activities demand a higher bandwidth usage. These include the following:

• Web Portals/Communities/Forums - Any sites that have members and/or forums.
• Online Gaming - Includes online casinos and single/multiplayer online games.
• Image Galleries - Includes eBay or other online auction image dumps.
• Downloads - Any site that prompts for a download or has large applets.
• Audio/Video - Any streaming content, web-cams or audio/video downloads.
• Chat - Includes PHP and Java chat rooms. CGI-based chat is not allowed on our servers.
• Subdomains/Site Redirections - Any sites using our subdomain feature or our web site redirection service to a subdirectory.

12) 99.9% UPTIME GUARANTEE:

(1.) Coverage - This 99.9% Uptime Guarantee applies to any Netuoso client in good financial standing with Netuoso at the time of a service outage.

(2.) Service Level - Netuoso endeavors to have the content of your web site available for http access by any party in the world 99.9% of the time.

(3.) Credits - In the event that your web site is not available for more than 99.9%, Netuoso will credit the following month's service fee as follows. For any client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month.

In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by sending an electronic mail message to the Netuoso Billing Department. The body of this message must contain your account number, the dates and times of the unavailability of your web site, and such other customer identification requested by Netuoso. Credits will usually be applied within thirty (30) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.

(4.) Restrictions - Credits shall not be provided to you in the event that you have any outage resulting from; (i) scheduled maintenance as posted from time to time at Netuoso; (ii) your behavior or the performance or failure of your equipment, facilities or applications; (iii) circumstances beyond Netuoso' reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site; or (iv) a client breaking any item in Netuoso Terms and Conditions of Use policy causing a machine to fail as a result. Dedicated Server customers are only guaranteed 99.9% uptime for network connectivity, not server performance.

14) TRADEMARK AND COPYRIGHTS:

You hereby agree and warrant that any material submitted for publication or use through your account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful, and you indemnify Netuoso as to the same.

15) PRIVACY POLICY:

When you visit our Web site, we do NOT collect your e-mail address(es), aggregate information on what other pages on the Web you have accessed or visited, user-specific information on what pages you access or visit unless volunteered. Information volunteered by the consumer, such as survey information, online sign ups, and/or site registration will never be released. When using our services, we agree to NEVER release your e-mail addresses(es), domain names, and/or any other personal information to anyone at any time. For your privacy, we will also not reference any domain names we host.

16) BACK-UPS:

Full back-ups are made weekly, and back-ups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these back-ups. Back-ups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and information. A "Back-Up/Restore" feature is included with each hosting plan and a client can use this tool to back up their files. If loss of data occurs due to our error, we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, Netuoso will attempt to recover the data from the most recent archive for a $60.00 fee.

17) ACTIONS TAKEN :

The failure by a customer to meet or follow any of the Terms and Conditions of Use is grounds for account termination. Netuoso will be the sole arbiter as to what constitutes a violation of the Terms and Conditions of Use. Netuoso reserves the right to remove any account without prior notice.

When Netuoso becomes aware of an alleged violation of its Terms and Conditions of Use, we will initiate an investigation. During the investigation, Netuoso may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Netuoso may, at its sole discretion, restrict, suspend, or terminate a customer's account and/or pursue other civil remedies. If such violation is a criminal offense, Netuoso will notify the appropriate law enforcement authorities of such violation.

Netuoso does not issue credits for outages incurred through service disablement resulting from Terms and Conditions of Use violations. Netuoso does not issue refunds for accounts terminated for Terms and Conditions of Use violations.

18) WARRANTEES: