Sunday September 24 , 2017
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ChristianSiteSpace is a division of Kiwi Services that creates and maintains websites for Christian churches and organizations. You will know if it is a ChristianSiteSpace website if you see our logo at the bottom of the page. To see if we are taking on any new projects, contact us.

Terms of Service

Terms of Service

Using our service means you agree to our Terms of Service. Please read and keep to our policies. Please note that any references to Kiwi Services shall from hereon be in reference to Kiwi Services Ltd. Furthermore, all users of Kiwi Services’s services shall hereon be referred to as members or subscribers.

 

The basics…

We have a 30 day money back guarantee period for our hosting packages. There is a 100% money back guarantee for our Core package. Our Plus and Go Large packages are 100% less a $24NZD administration fee. There are no refunds for our Semi-Dedicated packages.

Websites must be used for the initial intended purpose and the fundamentals must not be changed without the permission of Kiwi Services (e.g if the website is suppose to be used as a church website, you cannot go changing it to a website about cars). This policy is more lenient for people on a Plus or Go Large package. If you are on one of these packages, your main website must be used for the initial intended purpose, however, you can use your addon domains for other websites outside of that purpose. Semi-Dedicated packages can be used for any purpose as long as it abides by these Terms of Service.

Members must ensure they keep their own backups stored locally on their computers. Kiwi Services is not liable for any loss of data. Please see below for more information on backups.

Kiwi Services reserves the right to refuse its services to anyone at anytime.

You understand that Kiwi Services is a division of Kiwi Services Ltd and that the actions of Kiwi Services and its staff are on behalf of Kiwi Services Ltd.

 

The more nitty gritty…

Network Performance

Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in immediate termination of your account without warning.

You are prohibited from excessive consumption of resources, including CPU time and memory. You may not use resource-intensive programs which negatively impact other members or the performances of Kiwi Services’s systems or networks. Kiwi Services reserves the right to terminate or limit such activities.

 

Payments and Refunds

We have a 30 day money back guarantee period for our hosting plans. There is a 100% money back guarantee for our Core package. Our Plus and Go Large packages are 100% less a $24NZD administration fee. There are no refunds for our Semi-Dedicated packages.

We reserve the right to refuse a refund to members if we deem the reason for their refund is not valid. This could be, but not restricted to: their lack of knowledge to use our hosting/software, rudeness to staff or generally no real reason for cancellation.

If you use PayPal and for some reason your PayPal subscription link is ever cancelled, you MUST email us and tell us why straight away. If after 5 days we have no email we will assume you have ended your hosting and we will suspend your account at the renewal date.

 

Disk Space & Bandwidth Allocation

Kiwi Services allots server space for your domain hosted account. We add server space continually as it's used on our servers, as the server space is used by the domain accounts on the servers we have the ability to add more server space and remove older log files to free space on our servers.

Kiwi Services allots x # Mb’s of monthly bandwidth to your domain account. Should you go over your allotted bandwidth you will receive an email alert. If you go over your alloted bandwidth, your account will be suspended. To un-suspend your account, you can either pay an extra $0.50NZD for each 1 GIG of extra bandwidth used or wait for a new month for your bandwidth to reset.

 

SSL Support

Kiwi Services servers support SSL but you will need to acquire your own third party SSL certificate through an SSL certificate registrar to take advantage of SSL services and upgrade to a Dedicated IP account which costs $10NZD/month.

 

Backups

It is the member’s responsibility to do all backups of their site. If, in the unfortunate event, something happens to your files, it is your responsibility to have a local copy of your files. Kiwi Services will NOT be held liable in any way for any files, money, time, effort, etc... lost due to this unfortunate event. Furthermore, if your files are lost, we will attempt to restore them as a gesture of good faith, but make no promises what so ever about whether the files will be brought back successfully or not. Again, backups are the member’s responsibility.

The only exception to the above is for Semi-Dedicated members who will get weekly backups completed by us. This is due to the size of the backups.

 

IRC & Server Processing

  • We do not allow IRC or IRC bots to be operated on our servers.

  • We do not allow eggdrops to be operated on our servers.

  • We do not allow BNC to be operated on our servers.

 

Acceptable Use Policy

Kiwi Services has a responsibility to protect each member and to provide the best services available. The following guidelines were designed to ensure these obligations are met.

 

Content

All services provided by Kiwi Services may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any New Zealand or United States law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Kiwi Services from any claims resulting from the use of the service which damages the subscriber or any other party. Kiwi Services will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Kiwi Services’s servers or any other server on the internet. Links to such materials are also prohibited.

We do not allow any pornography related content. Any sites containing child pornography, or beastiality, rape, or other materials deemed illegal in New Zealand or USA are strictly prohibited and if found, will be turned immediately over to law enforcement officials and blocked from the network.

Examples of unacceptable content:

  • Warez sites

  • Pirated software

  • Cracking programs of any kind

  • Illegal FTP Sites for large downloads

  • Spam supporting material (email lists)

  • Uploading illegal MP3/Real Audio™/Real Video™/Video

Kiwi Services will be the sole arbiter as to what constitutes a violation of this provision.

 

Commercial Advertising - Email

Spamming, the sending of unsolicited email, or the selling of spam supporting material from a Kiwi Services server is prohibited. Using an email address or domain that is maintained on a Kiwi Services machine as reference, or as a location of such activity is STRICTLY prohibited. Kiwi Services will be the sole arbiter as to what constitutes a violation of this provision.

 

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of Kiwi Services is strictly prohibited.

 

Terms of Service General Information

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this TOS. Kiwi Services may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this TOS may result in the suspension or immediate termination of either your Kiwi Services account or other actions WITHOUT PRIOR NOTICE.

This document is intended to provide a basic understand of Kiwi Services’s Terms of Service. The following are guidelines for the establishment and enforcement of Kiwi Services’s TOS:

  • Ensure reliable service to our members

  • Ensure security and privacy of our systems and network, as well as the networks and systems of others

  • Comply with existing laws

  • Maintain our reputation as a responsible service provider

  • Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services

  • Preserve the value of Internet resources as a conduit for free expression and exchange of information

  • Preserve the privacy and security of individual users

Kiwi Services intends to provide its members access to everything the Internet has to offer. While Kiwi Services is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both Kiwi Services and the Internet and cannot be permitted under the guise of free speech. The resources of Kiwi Services and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your virtual site to publish material, which Kiwi Services determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, chat programs, video recordings, and audio recordings (MP3 files). Excessive storage of MP3 files & Video files are not permitted as these files consume excessive resources on our servers.

If you're not the copyright holder of the material placed on your site (unless the material is public domain) please do not place this material on your virtual site as this will result in the possible cancellation of your account. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings (MP3 files).

NO adult orientated, Chat or Warez material may be stored on your virtual site.

If a Kiwi Services account is used to violate our TOS, we reserve the right to terminate your service without notice. We prefer to advise members of inappropriate behavior and any necessary corrective action, however, flagrant violations of the TOS will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly.

 

VIOLATIONS OF KIWI SERVICES’S TERMS OF SERVICE

The following constitute violations of this TOS:

Illegal use: Kiwi Services’s services may not be used for illegal purposes, or in support of illegal activities. Kiwi Services reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm to minors: Use of Kiwi Services’s service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Threats: Use of Kiwi Services’s service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment: Use of Kiwi Services’s service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity: Use of Kiwi Services’s service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Unsolicited commercial e-mail: Use of Kiwi Services’s service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Kiwi Services account.

E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Kiwi Services account.

E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through Kiwi Services’s service is in violation of the TOS.

Usenet SPAMing: Kiwi Services has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Unauthorized access: Use of Kiwi Services’s service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Kiwi Services or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Kiwi Services account is subject to immediate termination.

Copyright or trademark infringement: Use of Kiwi Services’s service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Collection of personal data: Use of Kiwi Services’s service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Network disruptions and unfriendly activity: Use of Kiwi Services’s service for any activity which affects the ability of other people or systems to use Kiwi Services’s Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Kiwi Services will not tolerate any member attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Kiwi Services’s services could result in suspension/cancellation of service.

Third Party Accountability: Kiwi Services’s subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Terms of Service.

 

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by another user under you account, friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure.

  • Sharing your password and account access with unauthorized users is prohibited.

  • You should take care to prevent others from using your account since you will be held responsible for such use.

  • Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

  • You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. Kiwi Services will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

 

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion. Failure to follow any term or condition will be grounds for immediate account deactivation. Kiwi Services reserves the right to deny the refund of any monies paid thus far if these policies are broken.

 

REVISIONS TO THIS TERMS OF USE POLICY

Kiwi Services reserves the right to revise, amend, or modify the Terms of Service, and our other policies and agreements at any time and in any manner without notifying its members. However, we will put a date of when the Terms of Service was last modified so that members know if there have been any changes. It is the member’s job to regularly check to see if there have been any changes.