PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU ACCESS THE SERVICE PROVIDED TO YOU BY WEB WORLD. BY USING THE WEB WORLD SERVICE YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT AND THE WEB WORLD ACCEPTABLE USE POLICY. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS BELOW, YOU MAY NOT ACCESS OR USE THE SERVICE.
Web World, a division of Page 1 Limited ("Web World") provides the Service, which is defined below in Section 1, to you subject to your compliance with ALL of the terms and conditions below, which are collectively referred to as the "Agreement".
This Agreement is intended to establish the terms and conditions of only the Service defined in Section 1. Other services provided to you by Web World or by any of its affiliates will not be subject to the terms and conditions of this Agreement unless this Agreement is expressly incorporated into any other agreement regarding those services.
1. Service
1.1 The Service provided to you by Web World includes the following features:
1.1.1. Internet access
1.1.2. Electronic mail ("email") capability and the use of a single electronic mail address to enable you to send and receive email communications.
1.1.3. Homepage on Web World's server. Only one free 10 MB web site is given to a Web World member. A member with additional mailboxes is not entitled to additional free web sites.
1.1.4. Website Hosting and Domain Name Registrations
1.1.5. Website Design & Development
1.2. Any means of identification assigned to you by Web World in order for you to use the Service is and will remain the property of Web World. At Web World's sole discretion, this identification may be altered or replaced at any time.
1.2.1. These means of identification include but are not limited to account usernames and email addresses.
1.2.2. These means of identification must be used at all times in all external and internal use of Web World's service. To replace or otherwise change the Web World assigned identification is liable to be acted against due to potential libel or fraud conditions.
1.3. Web World makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. Web World reserves the right to change the Service at any time with or without notice. Features of the Service which are subject to change include, but are not limited to: access procedures, commands, documentation, hours of operation, menu structures, and vendors.
2. Registration Requirements
2.1. You must be at least 18 years old to register for this Service. By indicating your acceptance to this Agreement, you also indicate that you meet this age requirement.
2.1.1. Minors who access this Service are assumed to have parental or guardian consent before accessing this Service as required by the signed application you returned.
2.2. You agree to provide Web World with accurate and complete billing information. This information must include your legal name, address, and telephone number. Any changes to this information must be reported to Web World no later than 14 days after such change becomes effective.
2.3. By indicating your acceptance to this Agreement, you agree that you will be responsible for all charges posted to your account until you cancel the account through contact with Web World in one of the specified methods in Section 11.
2.3.1. The cancellation process is considered complete upon your receipt of a confirmation number from Web World.
2.3.2. Charges to your account stop accruing on the day you receive this confirmation number. Web World issues pro rata fee refunds with conditions.
2.3.2.1.Any discounts obtained through pre-payment are reversed and the charges recalculated at the then-current monthly rates. Then, any full unused month is refunded on a pro rata basis. Refunds on partial months are not made.
3. Fees
3.1. Any setup fee you are charged by Web World is nonrefundable.
3.2. Internet access is offered by Web World subject to the following limitations.
3.2.1. Toll-free (0800 or 0508 access) is not included in this offer. This service may require payment of additional hourly charges and/or data charges on top of applicable setup and periodic charges. See the Rate Chart for full details.
3.2.2. Local access dialup numbers may not be available in all areas served by Web World.
3.2.3. It is your responsibility to contact your local telephone company to determine if use of a particular Web World dialup number will cause you to incur toll charges. Web World is not responsible for paying any long distance or toll charges incurred by you through your use of your Web World account.
3.3. Current prices for Web World services are posted on our web site. These prices may also be obtained by faxing (09) 302 1414 or calling (09) 5253496.
3.3.1. Web World reserves the right to change prices and institute new fees. Web World will announce price increases or decreases online at the above site at least 30 days before such changes are to take effect.
3.4. If a payment made in any form is dishonoured, Web World will charge a $25.00 dishonour fee.This fee will appear on your next month's invoice.
3.5 If your account is delinquent at the beginning of the next accounting cycle, your account may be suspended or cancelled at Web World's sole discretion.
3.5.1. If your account is suspended, regular charges continue to accrue until you cancel your account.
3.5.2. Web World will charge a fee of $29.95 to reinstate a suspended account.
3.5.3. All Web World Websites designed and/or developed by Web World remain under the control of the administrator until all relevant charges are paid in full.
3.6. Interest charges of 1% per month (or the highest rate permitted by law if lower than 1% per month) will accrue daily on any unpaid balance which is more than 30 days old.
3.7.You agree to pay all Sales Taxes (GST), Duties, or Levies which are required by applicable law.
3.8. You agree to pay all legal and collection fees arising from efforts to collect any unpaid balance on your account.
3.9. If you believe that Web World has billed you in error, you must contact the Customer Service Department within 60 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges which are more than 60 days old.
3.9.1. In Section 11, you will find a listing of acceptable methods to use to contact the Web World Customer Service Department.
4. Use of the Service
4.1. You and any members of your household are the only individuals who are authorized to access the Service through your Web World account.
4.1.1. You must not permit any other individual or entity to access the Service through your account.
4.1.2. You must ensure that all authorized users of your account comply with all of the terms and conditions of this Agreement.
4.1.3. You are responsible for maintaining the confidentiality of any and all passwords used by you or members of your household to access the Service.
4.1.4. You are responsible for all activities and charges assessed as a result of use of your passwords and account in connection with the Service. However, Web World will not hold you responsible for activities and charges attributable to an unauthorized user's access to your account without the permission of an authorized user of your account, provided that both of the following conditions are satisfied:
4.1.4.1.You must notify Web World within 24 hours of discovering any such unauthorized use of your account
4.1.4.2. The unauthorized use must not be attributable to the failure of any authorized user to exercise reasonable efforts to maintain the confidentiality of the account or password.
4.2. You are responsible for all local and long distance telephone charges for connection to the Service by you and by those who access the Service through your account.
4.3. You are responsible for providing all computer equipment and software necessary to access the Service. You will be responsible for the maintenance of any equipment or software.
4.4. You agree not to use the Service or permit others to use the Service through your account in any way which violates any international, regional, municipal, or local law or regulation; subjects Web World to liability; or is in contravention of Web World's Acceptable Use Policy. Web World reserves the right to modify the Acceptable Use Policy at any time after thirty days' prior notice.
4.5. You agree to comply with all Web World security procedures and standards.
4.5.1. You must use your Web World assigned user id and your real name on e-mail, Usenet and other communications.
4.6. You agree to be bound by the terms and conditions of the End User License Agreements for any software used by you to gain access to, or use the Internet through, Web World.
5. Monitoring the Service; Disclosure of Member Information
5.1. Web World has no obligation to monitor the Service.
5.2. Web World may monitor the Service electronically and may disclose information regarding your use of the Service.
5.2.1. This disclosure may be made by Web World to satisfy laws, regulations or governmental requests; to operate the Service properly; to protect itself or its members.
5.2.2. Web World will not disclose member information to outside persons or entities for the purpose of soliciting Web World's members.
5.3. YOU UNDERSTAND AND AGREE THAT WEB WORLD MAY PROVIDE YOUR NAME, SUBSCRIBER INFORMATION, AND INFORMATION REGARDING USE OF THE SERVICE BY YOU AND OTHERS WHO HAVE ACCESS TO THE SERVICE THROUGH YOUR ACCOUNT TO THIRD PARTIES.
5.4. In its sole discretion, Web World reserves the right to remove or to refuse to post any information or materials, in whole or in part, which are unacceptable, undesirable, or in violation of this Agreement.
5.5. Any disclosure of subscriber information will always be according to the principles of the Privacy Act.
6. No Warranties Provided by Web World
6.1. Except for certain products and services specifically identified as being offered by Web World, neither Web World nor any of its affiliates controls any information, products, or services on the Internet.
6.2. Except for such Web World-identified content, all merchandise, information, and services offered, made available, or are accessible on the Internet are by third parties who are not affiliated with Web World or its affiliates. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET BY YOU OR AUTHORIZED USERS ON YOUR ACCOUNT.
6.3. NEITHER WEB WORLD NOR ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH ANY WEB WORLD SERVICE OR ON THE INTERNET GENERALLY.
6.3.1. NEITHER WEB WORLD NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY COSTS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
6.3.2. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
6.4. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICE THROUGH YOUR ACCOUNT.
6.4.1. YOU ACCESS SUCH MATERIALS AND PERMIT OTHERS TO ACCESS SUCH MATERIALS THROUGH YOUR ACCOUNT AT YOUR OWN RISK.
6.4.2. WEB WORLD HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS.
6.5. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.5.1. NO ADVICE OR INFORMATION GIVEN BY WEB WORLD, ITS AFFILIATES, ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY.
6.5.2. NEITHER WEB WORLD NOR ITS AFFILIATES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
7. Your Remedies
7.1. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your Web World account in one of the methods outlined in Section 11.
7.2. UNDER NO CIRCUMSTANCES SHALL WEB WORLD, ITS AFFILIATES, OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF (OR THE USE OF OTHERS ACCESSING THE SERVICE THROUGH) YOUR ACCOUNT OR YOUR INABILITY TO USE THE SERVICE; ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON 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.
8. Indemnity
8.1. You agree to defend, indemnify, and hold Web World and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable legal fees, related to or arising from:
8.1.1. Any violation of this Agreement by you or those who access the Service through your account.
8.1.2. The use of the Service or Internet.
8.1.3. The placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account.
9. Term of Agreement
9.1. This Agreement is effective from your acceptance of these terms and conditions upon the first use of the Service through your account.
9.2. If you are a current Web World member when this Agreement is activated, your continued Service signals your acceptance of the terms of this Agreement.
10. Termination of Agreement
10.1. You may terminate this Agreement at any time. The termination will be effective immediately upon your giving notice to Web World in one of the acceptable methods outlined in Section 11.
10.2. Web World may terminate this Agreement:
10.2.1. At any time upon 30 days prior notice.
10.2.2. Immediately upon notice if:
10.2.2.1. You, or any person who has access to the Service through your account, commit a material breach of this Agreement, including but not limited to a breach of any obligation imposed under Section 4 of this Agreement.
10.2.2.2. You fail to pay any invoice within 60 days of the date of the invoice.
10.3. Upon termination of this Agreement, all rights granted to you and authorized users in your household under this Agreement shall immediately cease and terminate.
10.4. You must destroy or return to Web World at your cost all copies of software, documentation and other materials that you received from Web World.
10.5. Termination of this Agreement does not release you from the obligation to pay all accrued charges under Section 3 of this Agreement.
10.6. Web World's right to enforce the provisions of Sections 3, 5, 6, 7, 8, 11, and 12 shall survive termination of this Agreement.
11. Notice
11.1. These are the acceptable forms for you to communicate with Web World to change or cancel your Web World membership.
11.1.1. Electronic This email address is being protected from spambots. You need JavaScript enabled to view it.
11.1.2. Mail via NZ Post or courier companies. Mail must have adequate postage and be addressed as follows: Web World, PO Box 112081, Penrose, Auckland. (New Zealand)
11.2. Web World may provide notice to you by the following methods:
11.2.1. Electronic mail (email) at the address provided to you to access Web World's electronic mail (email) feature.
11.2.2. Mail or courier post to the address you provided Web World in connection with your registration.
11.3. All notices or other communications from Web World to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or posting or on the fourth (4th) calendar day following the date of mailing or couriering.
12. Miscellaneous
12.1. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties. The remainder of the provisions shall remain in full force and effect.
12.2. Web World's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. The course of conduct between parties shall not act to modify any provision of this Agreement.
12.3. This Agreement shall be governed by and construed in accordance with the laws of New Zealand.
12.4. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
12.5. Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferable by you to any third party without Web World's prior written consent.
12.6. This Agreement, our account pricing, the Acceptable Use Policy, Home page policy, and the Anti Spam policy, constitute the entire agreement between you and Web World with respect to the Service.
12.7. Web World reserves the right to alter, amend or modify this Agreement at any time upon thirty (30) days notice.
12.7.1. No amendment or modification to this Agreement by you shall be valid or binding on Web World unless made in writing and signed by both parties.