Last updated 26 June 2006

SECTION 1 - DEFINITION OF TERMS

The following words and expressions shall have meanings hereby assigned to them except where the context otherwise requires:

"BCMPweb", "BCMP", "BCMPweb's Internet Hosting Service", "us", "we" and "our" means BCMPweb Ltd;

"System", means the computer system, programming and communication facilities required by BCMPweb Ltd for the operation of the service;

"Service", means your Internet Hosting provided by BCMPweb Ltd;

"Client" and "You" means the party or parties who enters into this agreement with BCMPweb Ltd;

SECTION 2 - SCOPE OF SERVICES

BCMPweb Ltd reserves the right to modify, enhance and withdraw the Service upon these Terms and Conditions and alter policies and service guidelines it may issue at anytime and without notice.

SECTION 3 - TERMS OF PAYMENT

In consideration of BCMPweb Ltd providing you with the Service, you agree to make payment of your relevant account charges within 21 days of receipt of your invoice.

If we are forced to hand your account over to our debt collection agency for collection you will be liable for these collection costs.

If collection is unsuccessful within a reasonable time, we may discontinue the Service on 5 working days notice.

The minimum charge for any changes to a website shall be a half hour charge i.e. $50.  To maximize the effectiveness of the use of this service, our clients are advised to “save up”   the changes that they require,  so that the time taken to carry them out will be approximately one half hour each time.

If the changes are urgent and can not be “saved up”, then it will be up to the discretion of BCMPweb as to whether or not these changes are charged for and the customer will be informed accordingly.

If the customer is not happy with the charges,  BCMPweb are open to discussion.

SECTION 4 - VALIDITY OF THE AGREEMENT

Either party may terminate the agreement on 1 month notice to the other party without cause.

BCMPweb Ltd reserves the right to cease immediately without liability to provide the Service and to terminate the agreement if you should go into liquidation or bankruptcy or if you fail to comply with any obligation in accordance with these Terms and Conditions or any policy or service guideline.

SECTION 5 - LIABILITIES

(A) Personal & Home Use Clients

If you are using our Service for personal domestic or household purposes, the Consumer Guarantees Act will apply and nothing in these Terms and Conditions shall derogate from that. Thereafter all statutory and implied warranties which can be excluded are deemed hereby to have been excluded to the fullest extent possible.

(B) Business Clients

If you are using our Service for any purpose in respect of which the Consumer Guarantees Act does not apply then you agree that the Act and all other statutory or implied warranties will not apply to this contract with you and they are excluded to the fullest extent possible.

(C) General Liability Provisions

Subject to the foregoing the following provisions shall apply to all contracts between BCMPweb Ltd and a client:

(a) You agree we will not be liable under any circumstances for any or all special, indirect or consequential damages (including without limitation loss of profits) that result from a breach or a failure or any act or omission on our part.

(b) You agree our maximum liability under all circumstances for any event or occasion causing you loss or damage shall be the aggregate hosting fees paid by you during the 12 months immediately preceding the event or occasion causing the loss or damage.

(c) We will not be liable for any third party claims and/or third party costs, losses, expenses and/or damages whether brought against BCMPweb Ltd or you and which relate to your site. Further you will agree to fully indemnify BCMPweb Ltd, its employees, owners and directors, against all such third party claims, costs, losses, expenses and/or damages including all reasonable legal costs of and incidental to BCMPweb Ltd and/or its owners, employees and directors defending themselves.

SECTION 6 - FORCE MAJEURE

Neither party to this agreement shall be responsible for failure to fulfil its commitments in this agreement if such failure is due to any circumstances outside its reasonable control. Such circumstances comprise, but are not confined to, acts of God, war, riots and sabotage, technological deficiency in the Internet or similar.

SECTION 7 - GOVERNING LAW

This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.

SECTION 8 - INTERNET CONTENT

All services may be used for lawful purposes only. Through BCMPweb's Internet Hosting Service, you may have access to Chat Areas, Bulletin Boards, Web Pages, email, or other Services that enable you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display through the Service any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any New Zealand Law. You are solely responsible for the content you make accessible through the Service. You may not use the Service to assist any other person or entity to violate any New Zealand Laws, Ordinances or Regulations.

BCMPweb Ltd is not obligated to monitor the Service to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, BCMPweb Ltd has the right, but not the obligation, to edit, remove or deny access to such content. BCMPweb Ltd may disclose any content or records concerning Customer's account as required to satisfy any Law, Regulation, Governmental Request or Court Order.

Pornography and sex-related merchandising are prohibited on all BCMPweb Ltd Servers. This includes Sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for Sites that promote any illegal activity or content that may be damaging to BCMPweb Ltd's Servers or any other Server on the Internet. Links to such materials are also prohibited. In addition, any Site Selling or promoting Bulk email Service is not allowed. Below are some examples of non-acceptable content or links:

• Adult Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.
• Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
• Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
• Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet Sites or Providers.

SECTION 9 - NETWORK SECURITY

Customers may not use the Service with an 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 the Customer, logging into a Server or Account the Customer is not expressly authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation's Security Policy. Customers may not attempt to interfere or deny service to any User, Host or Network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a Host or Network. BCMPweb Ltd 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. Users who violate System or Network Security may incur Criminal or Civil Liability.

SECTION 10 - SERVER RESOURCES

Any Web Site that uses a high amount of Server resources (such as, but not limited to CPU Time, Memory Usage, and Network Resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.

SECTION 11 - COMMERCIAL ADVERTISING/ MASS MAILINGS

You must not use the Service in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your Domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the BCMPweb's Internet Hosting Service. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.

If you are found to have spammed, without warning, BCMPweb Ltd reserves the right to disable the Service. In addition, BCMPweb Ltd may impose a penalty for each spam policy violation. BCMPweb Ltd solely reserves the right to refuse or cancel service to known spammers. Lastly, BCMPweb Ltd reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.

Distribution and/or Transmission of Obscene, Indecent Speech or Materials Violation of Indecency and Obscenity Laws can result in Criminal Penalties.

SECTION 12 - INTELLECTUAL PROPERTY RIGHTS

Material accessible to you through BCMPweb's Internet Hosting Service may be subject to protection under the United States, New Zealand or other Copyright Laws, or laws protecting Trademarks, Trade Secrets or Proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through BCMPweb's Internet Hosting Service. If you use a domain name in connection with the Service or similar service, you must not use that Domain Name in violation of any Trademark, Service Mark, or similar rights of any third party.

SECTION 13 - MISCELLANEOUS

This agreement shall become effective on the date of commencement of the Service.

You shall be deemed to have read this agreement and agree to be bound by this agreement. This agreement shall supersede all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this agreement.

SECTION 14 - ASSIGNMENT

You agree that we may without notice or warning to you, sell transfer or assign our interest in this Agreement with you, to a third party. Every reasonable endeavour will be made to notify you by email of an assignment at your last notified contact email address but we will not be liable in any way nor prevented from assigning our interest in this Agreement if we fail for any reason to provide notice to you.