Terms & Conditions
Agreement between user and New Zealand Computing Solutions Ltd
The New Zealand Computing Solutions Ltd Web Site is comprised of various Web pages
operated by New Zealand Computing Solutions Ltd.
The New Zealand Computing Solutions Ltd Web Site is offered to you conditioned on
your acceptance without modification of the terms, conditions, and notices contained
herein. Your use of the New Zealand Computing Solutions Ltd Web Site constitutes
your agreement to all such terms, conditions, and notices.
Modification of these terms of user
New Zealand Computing Solutions Ltd reserves the right to change the terms, conditions,
and notices under which the New Zealand Computing Solutions Ltd Web Site is offered,
including but not limited to the charges associated with the use of the New Zealand
Computing Solutions Ltd Web Site.
Links to third party sites
The New Zealand Computing Solutions Ltd Web Site may contain links to other Web
Sites ("Linked Sites"). The Linked Sites are not under the control of New Zealand
Computing Solutions Ltd and New Zealand Computing Solutions Ltd is not responsible
for the contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. New Zealand Computing
Solutions Ltd is not responsible for webcasting or any other form of transmission
received from any Linked Site. New Zealand Computing Solutions Ltd is providing
these links to you only as a convenience, and the inclusion of any link does not
imply endorsement by New Zealand Computing Solutions Ltd of the site or any association
with its operators.
No unlawful or prohibited use
As a condition of your use of the New Zealand Computing Solutions Ltd Web Site,
you warrant to New Zealand Computing Solutions Ltd that you will not use the New
Zealand Computing Solutions Ltd Web Site for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the New Zealand Computing
Solutions Ltd Web Site in any manner which could damage, disable, overburden, or
impair the New Zealand Computing Solutions Ltd Web Site or interfere with any other
party's use and enjoyment of the New Zealand Computing Solutions Ltd Web Site. You
may not obtain or attempt to obtain any materials or information through any means
not intentionally made available or provided for through the New Zealand Computing
Solutions Ltd Web Sites.
USE OF COMMUNICATION SERVICES
The New Zealand Computing Solutions Ltd Web Site may contain bulletin board services,
chat areas, news groups, forums, communities,personal web pages, calendars, and/or
other message or communication facilities designed to enable you to communicate
with the public at large or with a group (collectively, "Communication Services"),
you agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy of publicity) unless you own or control the rights
thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose,
unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know,
or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
- Violate any applicable laws or regulations.
New Zealand Computing Solutions Ltd has no obligation to monitor the Communication
Services. However, New Zealand Computing Solutions Ltd reserves the right to review
materials posted to a Communication Service and to remove any materials in its sole
discretion. New Zealand Computing Solutions Ltd reserves the right to terminate
your access to any or all of the Communication Services at any time without notice
for any reason whatsoever.
New Zealand Computing Solutions Ltd reserves the right at all times to disclose
any information as necessary to satisfy any applicable law, regulation, legal process
or governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in New Zealand Computing Solutions Ltd's sole
discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. New Zealand Computing Solutions
Ltd does not control or endorse the content, messages or information found in any
Communication Service and, therefore, New Zealand Computing Solutions Ltd specifically
disclaims any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers and hosts
are not authorized New Zealand Computing Solutions Ltd spokespersons, and their
views do not necessarily reflect those of New Zealand Computing Solutions Ltd.
Materials uploaded to a Communication Service may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO New Zealand Computing Solutions Ltd OR POSTED AT ANY New Zealand
Computing Solutions Ltd WEB SITE
New Zealand Computing Solutions Ltd does not claim ownership of the materials you
provide to New Zealand Computing Solutions Ltd (including feedback and suggestions)
or post, upload, input or submit to any New Zealand Computing Solutions Ltd Web
Site or its associated services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission you are granting New
Zealand Computing Solutions Ltd, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. New Zealand Computing Solutions Ltd is under no obligation to post or use
any Submission you may provide and may remove any Submission at any time in New
Zealand Computing Solutions Ltd's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE New Zealand Computing Solutions Ltd WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. New Zealand Computing
Solutions Ltd AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE New
Zealand Computing Solutions Ltd WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE New
Zealand Computing Solutions Ltd WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
New Zealand Computing Solutions Ltd AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
New Zealand Computing Solutions Ltd WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
New Zealand Computing Solutions Ltd AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL New Zealand
Computing Solutions Ltd AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE New Zealand Computing Solutions
Ltd WEB SITE, WITH THE DELAY OR INABILITY TO USE THE New Zealand Computing Solutions
Ltd WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE New Zealand Computing Solutions Ltd WEB SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THE New Zealand Computing Solutions Ltd WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF New Zealand Computing
Solutions Ltd OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE New Zealand Computing Solutions
Ltd WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE New Zealand Computing Solutions Ltd WEB SITE.
TERMINATION/ACCESS RESTRICTION
New Zealand Computing Solutions Ltd reserves the right, in its sole discretion,
to terminate your access to the New Zealand Computing Solutions Ltd Web Site and
the related services or any portion thereof at any time, without notice. GENERAL
To the maximum extent permitted by law, this agreement is governed by the laws of
the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction
and venue of courts in King County, Washington, U.S.A. in all disputes arising out
of or relating to the use of the New Zealand Computing Solutions Ltd Web Site. Use
of the New Zealand Computing Solutions Ltd Web Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and New Zealand Computing
Solutions Ltd as a result of this agreement or use of the New Zealand Computing
Solutions Ltd Web Site. New Zealand Computing Solutions Ltd's performance of this
agreement is subject to existing laws and legal process, and nothing contained in
this agreement is in derogation of New Zealand Computing Solutions Ltd's right to
comply with governmental, court and law enforcement requests or requirements relating
to your use of the New Zealand Computing Solutions Ltd Web Site or information provided
to or gathered by New Zealand Computing Solutions Ltd with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and New Zealand Computing Solutions Ltd with respect
to the New Zealand Computing Solutions Ltd Web Site and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral or written,
between the user and New Zealand Computing Solutions Ltd with respect to the New
Zealand Computing Solutions Ltd Web Site. A printed version of this agreement and
of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent an d subject
to the same conditions as other business documents and records originally generated
and maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the New Zealand Computing Solutions Ltd Web Site are: Copyright
2002-2005 New Zealand Computing Solutions Ltd and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product, person,
or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.
