Affilorama Web Hosting Terms and Conditions

These terms and conditions, together with the documents referred to in it (‘Terms and Conditions’) record the terms and conditions on which we agree to obtain for you the website hosting services described on our website www.affilorama.com through a third party provider (‘Hosting Services’) provided that you are a Premium Member of Affilorama (‘Paying Affiliate’).

Please read through these Terms and Conditions carefully before subscribing for any Hosting Services. By subscribing for any of our Hosting Services, you agree to be bound by these Terms and Conditions, as modified by us from time to time. You may wish to print a copy of these Terms and Conditions for future reference.

Please click on the button marked ‘I Accept’ at the end of these Terms and Conditions if you accept these terms. Please understand that if you do not accept these Terms and Conditions, you will not be able to subscribe for any Hosting Services through our website.

Information about us
1. Affilorama Group Limited (‘we’, ‘us’ and ‘our’) is a company registered in New Zealand. We have our registered office at C/-Polson Higgs, HSBC Tower, Level 8, 62 Worcester Boulevard, Christchurch 8140. www.affilorama.com (‘website’) is one of our websites.
Privacy policy
1. You acknowledge and agree to be bound by the terms of our privacy policy located at: https://www.affilorama.com/privacy.
Your status
1. By placing an order through our website, you warrant that:
  - You are legally capable of entering into binding contracts; and
  - You are at least 18 years old.
2. If you are acting on behalf of a company or other legal entity, you further warrant that you personally have the authority to bind that company or legal entity on whose behalf you are subscribing to the Hosting Services.
The subscription process
1. You may only subscribe for the Hosting Services if you are registered as a Paying Affiliate of www.affilorama.com and you may only use the Hosting Services while you remain a Paying Affiliate.
2. The Hosting Services allow a Paying Affiliate to subscribe for hosting for up to 15 websites.
3. Before you subscribe for any Hosting Services (by clicking the ‘I agree to the terms, please activate my account’ button you will be shown the details of the Hosting Services you wish to subscribe for. You will then have an opportunity to identify and correct any input errors in your subscription to the Hosting Services.
4. After you have subscribed for any Hosting Services we will send the details of the Hosting Services to you in an email, to the email address registered for your Affiliate member account.
Hosting Services providers
1. The Hosting Services are made available to you through our third party provider(s) (‘Third Party Providers’). Our Third Party Providers use reasonable endeavours to make their website hosting servers available for ninety-nine point nine (99.9) per cent of each calendar month.
2. We cannot and do not provide any guarantees as to the availability or uptime of the Hosting Services.
3. We do not warrant that the availability of the Hosting Services will be uninterrupted or error free.
4. We shall make reasonable efforts to provide you with advanced notification of all scheduled and emergency outages to the Hosting Services in the event that we are advised by our Third Party Providers of such outages.
5. We have no obligation to provide you with any compensation for any downtime or unavailability of the Hosting Services. However, we may (in our absolute discretion) elect to do so in limited circumstances.
Payment
1. Your access to and use any of the Hosting Services is conditional on your payment of all Affiliate member fees payable in relation to your Affiliate member account when such fees are due.
2. If you fail to pay all Affiliate member fees when such fees are due then, without prejudice to any other rights that we have under these Terms and Conditions or at law, we reserve the right to suspend either or both your Affiliate member account and your access to the Hosting Services.
Access to the Hosting Services
1. You are responsible for making all arrangements necessary for you to have access to the Hosting Services. You are also responsible for ensuring that all persons who access the Hosting Services through your internet connection are aware of these Terms and Conditions and that those persons comply with these Terms and Conditions and you shall be responsible for any consequences of non-compliance by such persons.
2. You shall comply with all access and security requirements that we may communicate to you from time to time.
3. You agree that we may block your access to the Hosting Services if we reasonably believe that the information you provided when registering your Affiliate member account is inaccurate.
Restrictions on use
1. You must not use the Hosting Services:
  - to send unsolicited electronic messages, bulk email, or unsolicited commercial email (spam);
  - to harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or harm to any person;
  - to transmit any material (by email, uploading, posting, peer-to-peer file sharing or otherwise) that infringes any copyright, trade mark, patent, trade secret or other proprietary rights of any third party, including, without limitation, the unauthorised copying of copyright material, the digitisation and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorised transmittal of copyright materials;
  - as a backup of, or repository for, your Material (as defined in clause 11.1); or
  - for any unlawful or illegal purposes.
2. You must not attempt to access the accounts of others, attempt to gain unauthorised access to any computer system, attempt to circumvent our security measures or the security measures of our Third Party Providers or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not your actions result in the corruption or loss of data.
Usage limitations
1. The Hosting Services may include a limited data storage space allowance. In the event that your use of the Hosting Services exceeds your allocated data storage space allowance you may be required to reduce the amount of data storage space that you are using. If you fail to comply with a request to reduce the amount of data storage space that you are using we may delete your data without liability or notice to you and we may suspend or terminate your use of the Hosting Services.
2. The Hosting Services may include a per calendar month maximum bandwidth allowance. The Hosting Services may be automatically suspended or restricted if this monthly bandwidth allowance is exceeded. In this event usual Hosting Services will resume at the start of the following calendar month.
3. There are limits on the maximum amount of our Third Party Providers’ server's processing capacity that you may use in relation to the Hosting Services. We reserve the right to suspend your use of the Hosting Services if your usage exceeds any such limitations as excessive use of the server's processing capacity may have a detrimental effect on our other customers.
4. The Hosting Services may include a number of mailboxes. You agree that any mailboxes that have not been accessed for one hundred (100) days may be automatically deleted by our Third Party Provider.
5. Our Third Party Providers may, from time to time, have to perform maintenance, upgrades or replacements to their servers. Our Third Party Providers reserve the right to suspend access to such server and the Hosting Services during the required time to do the maintenance, upgrade or exchange the server.
6. When using the Hosting Services, you must comply with our website terms of use as published at https://www.affilorama.com/terms from time to time. Any conflict between the terms of our website terms of use and these Terms and Conditions will be resolved in favour of these Terms and Conditions.
Changes to Hosting Services
1. We reserve the right to modify the Hosting Services without notice to you. However, we will use reasonable endeavours to notify you of any change to the Hosting Services which we consider may have an adverse effect on you or may detract from the overall performance of the Hosting Services at least sixty (60) days prior to the change taking effect.
Back-up of your material and our servers
1. It is your responsibility to maintain appropriate and up-to-date back-up copies of any data, information or other material you upload (or permit to be uploaded) (‘Material’) as part of your use of the Hosting Services. In the event of loss of or damage to your Material, you will not be given access to any server back-up that our Third Party Providers may maintain for their archival purposes.
2. We will not be responsible for any loss, destruction, alteration or disclosure of your Material caused by you or any third party or by your use of the Hosting Services.
Deletion of your data
1. If you cancel your subscription to the Hosting Services for any reason, you agree that we (or our Third Party Providers) may immediately and permanently delete any Material that is held or hosted by us or our Third Party Providers in relation to the Hosting Services that have been cancelled. Accordingly, you are strongly advised to make appropriate copies of your Material before you cancel your subscription to any Hosting Services.
Intellectual property rights
1. You, or your licensor, retain all intellectual property rights in your Material, and you grant to us (and our Third Party Providers) a worldwide, non-exclusive, royalty free licence to use, store and maintain your Material on our servers (our Third Party Providers’ servers) and to publish and transmit your Material on the internet for the purpose of providing the Hosting Service to you.
2. You warrant that your Material does not infringe the intellectual property rights of any third party and that you have the authority to grant the licence in clause 13.1 to us. We (or our Third Party Providers) may make such copies as may be necessary or expedient to perform our obligations under these Terms and Conditions, including making back-up copies of your Material.
3. You will defend, indemnify and hold us (and our Third Party Providers) harmless against any and all claims, actions, proceedings, losses, damages, expenses and costs (including, without limitation, court costs and reasonable legal fees) arising out of or in connection with your use of the Hosting Services or of any claim or action that your Material infringes, or allegedly infringes, the intellectual property rights of a third party.
4. If you download materials we own from our website, we grant you a non-exclusive, non-transferable limited licence to use such materials for the purpose set out on our website in relation to those materials. Such licence will automatically terminate when we stop providing you with access to the Hosting Services.
5. Any third party materials that you download from our website shall be licensed to you on the standard licence terms of the owner of the intellectual property rights in those third party materials as those licence terms are notified to you from time to time.
6. We or our Third Party Providers retain all intellectual property rights in the Hosting Services (other than in your Material) and in downloaded materials referred to in clause 13.4.
7. In the event of any claim that the Hosting Services infringe the intellectual property rights of any third party, we may (at our absolute discretion) obtain for you the right to continue using the Hosting Services, or replace or modify the Hosting Services so that they become non-infringing or, if such remedies are not available on a reasonable and practical basis, terminate these Terms and Conditions without liability to you. We will have no liability to take any of the above actions or have any liability to you if the alleged infringement is based on:
  - a modification of the Hosting Services by anyone other than us;
  - your use of the Hosting Services in a manner contrary to our instructions; or
  - your use of the Hosting Services after notice of the alleged or actual infringement from us or any appropriate authority.
8. This section 13 states your sole and exclusive rights and remedies, and our entire obligations and liability, for the infringement of any third party's intellectual property rights by the Hosting Services.
Third party websites
1. We may provide links on our website to the websites of other companies, whether affiliated with us or not. We cannot and do not give any undertaking that any products or services you may purchase from companies to whose website we have provided a link on our website will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect your statutory rights against the third party seller.
IP addresses
1. You will have no right, title or interest in any internet protocol address (‘IP address’) allocated to you, and any IP address allocated to you is allocated as part of your subscription for or use of Hosting Services and any such IP addresses are not portable or otherwise transferable by you in any manner whatsoever.
2. If an IP address is re-numbered or re-allocated by us, we shall endeavour to avoid any disruption to you.
3. You agree that you shall have no right, title or interest to any IP address upon expiry or termination of the Hosting Services or these Terms and Conditions, and that the acquisition by you of a new IP address following expiry or termination of the Hosting Services or these Terms and Conditions shall be solely your responsibility.
Support
1. If a problem has arisen with regard to the Hosting Services, you may request support through our support system
2. Our support team will help you to resolve any problems that you may have with the Hosting Services, although this support may often need to be escalated to our Third Party Providers. We will not in any event provide programming support to you.
Warranties
1. The Hosting Services are provided ‘as is’. We makes no representations or, to the extent legally permitted, warranties about the Hosting Services or our website, including without limitation, the suitability of the Hosting Services for any purpose.
2. To the extent legally permitted we disclaim or exclude all warranties and conditions with regard to the Hosting Services and our website, including without limitation, all implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and availability.
3. We do not warrant the accuracy, completeness or timeliness, of the Hosting Service or other information or service provided through the website.
4. We do not warrant that: the Hosting Services, our website or its content will meet your requirements; the Hosting Services, our website or its content, including without limitation, its operation, or the Hosting Services will be error-free without interruption or delay; or that any or all defects will be corrected.
Consumer Guarantees Act
1. You acknowledge that all goods and services being provided by us pursuant to these Terms and Conditions (including, without limitation, the Hosting Services) are being acquired by you for the purposes of a business, and, accordingly, the provisions of the Consumer Guarantees Act 1993 shall not apply in relation to the supply of such goods and services.
Liability
1. We do not monitor and will not have any liability for your Material or any other communication you transmit, or allow to be transmitted, by virtue of the Hosting Services.
2. You shall be liable for the content of any emails transmitted by virtue of the Hosting Services, for any material you upload to, or allow to be uploaded to, our servers and for ensuring compliance at all times with all relevant legislation (including, without limitation, the Unsolicited Electronic Messages Act 2007 and the Privacy Act 1993).
3. All conditions, terms, representations and warranties that are not expressly set out in these Terms and Conditions (or the documents referred to in them) are hereby expressly excluded.
4. We do not exclude or limit in any way our liability:
  - for death or personal injury caused by our negligence;
  - under Consumer Guarantees Act 1993 (except to the extent permitted by law);
  - for fraud or fraudulent misrepresentation; or
  - for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
5. We will not be responsible for the following types of losses (in any event whether direct, indirect, consequential, special or other) and whether or not they are caused by our negligence or otherwise:
  - loss of income or revenue;
  - loss of business;
  - loss of profits or contracts;
  - loss of anticipated savings;
  - loss of goodwill;
  - loss of software or data;
  - wasted expenditure (such as pay per click advertising costs); or
  - wasted management or office time.
6. Subject to clause 19.4 and clause 19.5, our maximum aggregate liability under or in connection with the performance or contemplated performance of these Terms and Conditions, whether in contract, tort ( including negligence) or otherwise, shall in no circumstances exceed the fees you have paid to us for Affiliate membership for the one month preceding the event giving rise to the liability in question.
Duration of the Hosting Services and cancellation
1. The Hosting Services will commence on the date you purchase your Premium Membership.
2. Unless your subscription to the Hosting Services is terminated in accordance with this section 20, the Hosting Services shall continue on a month to month basis until terminated by either party and you shall be liable to pay the price for the Hosting Services is included in your Affiliate membership fees.
3. You will not receive any refund of any amounts you have paid in Affiliate membership fees as a result of your subscription to any Hosting Services being terminated for any reason.
4. You may terminate your subscription to any Hosting Services by giving us at least seventy-two (72) hours prior written notice by emailing our support staff. Any purported cancellation that is not performed in accordance with this clause 20.4 will be ineffective.
5. Without prejudice to any other right to terminate or suspend the Hosting Services we may have under these Terms and Conditions or our website terms of use https://www.affilorama.com/terms, we may terminate your subscription to any Hosting Services by giving to you at least thirty (30) days’ prior written notice. We may give you notice by email addressed to the then current email address registered for your Affiliate member account.
6. Notwithstanding anything to the contrary in these Terms and Conditions, if you are in breach of an obligation of these Terms and Conditions or our website terms of use https://www.affilorama.com/terms we may suspend or terminate all of your subscriptions to the Hosting Services by written notice. We may also, at our absolute discretion, suspend or terminate without notice any individual Hosting Services we provide to you from time to time.
7. Expiry or termination of the Hosting Services shall be without prejudice to any rights and liability of either of us arising in any way under these Terms and Conditions as at the date of expiry or termination.
Additional and variations to terms
1. The Hosting Services may from time to time be subject to additional or varied terms and conditions. If so, we will advise you of such additional terms and conditions by email or by posting the additional or varied terms on our website.
2. We have the right to revise and amend these Terms and Conditions from time to time for any reason including, without limitation, to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
3. You will be subject to the policies and Terms and Conditions in force at the time that you subscribe for any Hosting Services or other services from us.
4. No variation of these Terms and Conditions shall be valid unless it is in writing and signed on our behalf.
5. Expiry or termination of the Hosting Services shall be without prejudice to any rights and liability of either of us arising in any way under these Terms and Conditions as at the date of expiry or termination.
Electronic communications
1. You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes described in our privacy policy and for communicating with you changes to our the Hosting Services, to notify you of planned outages and updates, and inform you about our Hosting Services . You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.
Notices
1. All notices given by you to us must be given though our support system. We may give notice to you at either the then current e-mail or postal address registered for your Affiliate member account with us.
Third party rights and transfer of rights and obligations
1. Neither you nor we intend that any term of these Terms and Conditions will be enforceable by virtue of the Contracts (Privity) Act 1982 by any person that is not a party to it.
2. You may not transfer, assign, charge or otherwise dispose of, or any of your rights or obligations arising under these Terms and Conditions without our prior written consent.
3. We may transfer, assign, charge, sub-contract any of our rights or obligations arising under these Terms and Conditions, at any time.
Events outside our control
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control (‘Force majeure event’).
2. A Force majeure event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
  - misuse, alteration or interference by you or any third party of our servers or systems (including virus and hacker attacks);
  - strikes, lock-outs or other industrial action;
  - civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  - fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  - impossibility of the use of public or private telecommunications networks; and
  - the acts, decrees, legislation, regulations or restrictions of any government.
3. Our performance under these Terms and Conditions will be deemed to be suspended for the period that the Force majeure event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force majeure event to a close or to find a solution by which our obligations under the Terms and Conditions may be performed despite the Force majeure event.
Waiver
1. If we fail, at any time during the term of these Terms and Conditions, to insist upon strict performance of any of your obligations under Terms and Conditions or the terms of our website terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under Terms and Conditions or our website terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
3. No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 23.
Severability
1. If any of these terms and conditions or any provisions of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Entire agreement
1. These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us both in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
2. We each acknowledge that, in entering into these Terms and Conditions, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such agreement except as expressly stated in these Terms and Conditions.
3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms and Conditions.
Law and jurisdiction
1. These Terms and Conditions shall be governed by New Zealand law. Any dispute arising from, or related to, these Terms and Conditions including, without limitation, the Hosting Services shall be subject to the exclusive jurisdiction of the courts of New Zealand.