SpamBlocker

Terms

General Principles
We will do our best to ensure our systems are always up and running. Our systems are monitored and staff is notified of any system outage. As such, faults are attended to and resolved as quickly as possible. We always request you call us to advise us immediately of any issues you may be experiencing in case we have not been made aware of them.
We have no responsibility for the nature, quality or content of any other information you receive using the service and undertake no responsibility to exercise any editorial control over it.

Terms and Conditions Binding
These Terms and Conditions form part of our contract with you. We may amend these Terms and Conditions, and our products and service packages, at any time. Where possible we will provide you with 30 days notice of any amendments. Your ongoing use of the relevant products and services will constitute acceptance of the amended Terms and Conditions.

Your Responsibilities
You agree:
That you are at least 18 years of age and that you are authorised and able to pay for the products and services to which you subscribe;
That you are responsible at all times for any use of the products and services you subscribe to, and you will ensure that anyone else who uses those products and services also abides by these Terms and Conditions; To use the products and services for the purpose for which they are provided;
To ensure that none of our products and services are resold except with our prior written consent.
To comply with New Zealand law, and the laws of any other country that may apply. In particular, you agree not to use the products and services for any illegal, unlawful, or offensive act including:
Uploading transferring any illegal or offensive material (including material that is injurious to others either through loss of dignity or physical harm);
Uploading or transferring any copyright files, pictures or software without the permission of the copyright owner;
In any way causing, or helping to cause, the security or integrity of our or any other computer system to be compromised.
Not to use the products and services in any way which could adversely affect our ability to provide the products and services to you or to any other customer.
To be a responsible citizen of the Internet. In particular, you agree to respect the privacy of other Internet users, and that any messages you post to Internet forums (eg. newsgroups, IRC etc.) will be posted only to those groups which are within the topic of discussion. You will refrain from spamming or any form of bulk, unsolicited mail;
To give us 30 days' written notice if you wish to close your account (you are responsible for all charges incurred, and anything done with the products and services to which you have subscribed, until the end of that 30 day notice period).
To provide reasonable access to our employees, contractors and authorised representatives to carry out any work required for the commencement and ongoing provision of our products and services to you, and for the maintenance of our network or the network of any other carrier.
To indemnify us against all costs, expenses, loss or liability incurred by us arising from any breach of these Terms and Conditions by you (other than a breach that arises from an event beyond your reasonable control) or from any negligent, fraudulent or unlawful act or omission by you.

SpamBlocker Responsibilities
We will:
Take reasonable care to ensure that the services to which you have subscribed are available 24 hours a day; If the services become unavailable, take all reasonable steps to restore the services to which you have subscribed as soon as possible;
Provide a free Help Desk service during the hours 8:30am to 5:30pm
Use our best endeavours to ensure Help Desk staff use reasonable skill and care when giving advice;
Monitor our system and take all reasonable steps to prevent the compromise of system security;
Inform you, via e-mail or by posting a message in an appropriate location on our web site, or by any other appropriate means, of any changes to the charges for the products and services to which you have subscribed;
Display our pricing in New Zealand dollars, unless otherwise stated.

Term of Contract
You agree to be bound by the terms of the contract for a minimum of 12 Months from the date of acceptance early termination of the contract will require the fees for the remaining months to be paid in full.

Your Information and Privacy

You agree to ensure that all the information you give us is correct and complete. You also agree to advise us of any changes to that information. In particular, you must inform us promptly of any changes to your contact details by emailing accounts@spamblocker.co.nz;
Collecting your information:
When you register as a customer with us, and while you remain a customer, we will collect personal information about you. This information will be collected from you and from others (such as credit reference agencies), and from our systems and equipment. You may:
Ask to see any information we hold about you (and we will let you see this information provided we can readily retrieve it);
Ask for any details that are wrong to be corrected (and we will correct those details).
Storing your information:
We will store your personal information securely in our database. If you close your account, we will:
Erase your details from our database within 12 months (except that if you owe us money, or there is a dispute between us and you, your information will be kept in our database until payment is made or the dispute is resolved).
Using your information:
We may disclose your personal information to our employees and contractors, our related companies, credit reference agencies and debt collection agencies so that we can:
- provide products and services to you and others;
- invoice you for products and services we provide;
- obtain payment for our products and services from you;
- tell you about products and services available to you from us and others;
- monitor your compliance with these Terms and Conditions;
- exercise any rights we may have against you in law.
We may disclose your personal information (other than your name and physical address) to network operators to enable you to use their and our products and services.
We may disclose your personal information to law enforcement authorities, such as the Police or the Department of Internal Affairs, when we think it necessary (such as when disclosure will help detect unlawful behaviour).
We may occasionally monitor telephone calls between you and our personnel, to help train our personnel to provide better customer service. Any information we collect in the process will be used in strict compliance with privacy laws.

Security
Mail that passes through SpamBlocker is only kept on our servers for as long as it takes to deliver that mail to your server/s. Once delivered all mail is permanently deleted from our system.

Payments
You agree:
To pay the specified fees for the products and services to which you subscribe, including usage (time or volume) charges, by the due date, regardless of whether it is you who uses them; That unless the law requires a refund to be made, all payments are non-refundable; That if you have a genuine dispute in relation to any amount in an invoice, you MUST pay the undisputed portion of the invoice by the due date for payment, and notify us promptly of the disputed amount and the reason it is disputed. We will investigate your claim, and you agree to abide by the outcome of our investigation. We are not obliged to investigate a disputed amount if you do not notify us about it within 30 days.
Our Rights:
If any payments are overdue, we may close your account and refer the debt to our debt collection agency, and you will be responsible for the costs of collection of that debt, and if the debt collection agent's costs, legal and other, arising from the collection of the debt exceeds the debt collection fee charged, our debt collection agent may also recover such additional costs from you. This term is intended to be for the benefit of and enforceable by our debt collection agent under the Contracts (Privity) Act 1982); We may at any time require you to pay a bond or provide us with other assurance of your ability to pay our charges. Any bond paid will not accrue interest and will be repaid to you when our contract with you ends, after deduction of any amounts you owe us at that time.
We may impose a credit limit on your account at any time. You agree that the credit limit imposed by us may be altered at our discretion with effect from the date we notify you of such change. You also agree that if at any time you exceed your credit limit we will be entitled to suspend the provision of our products and services to you. All costs and expenses of or incurred by us as a result of such suspension and any recommencement shall be payable by you upon demand.
Service Acquired for Business
You agree that if you are acquiring our service for business purposes as defined in the Consumer Guarantees Act 1993, the provisions of that act do not apply to anything we agree to provide as part of the service.

Suspension of Services
We may:
Refuse your subscription to any of our products and services without giving a reason for such refusal; Suspend or terminate your subscription to any of our products and services, at our discretion.
Without limiting the foregoing, we may:
Suspend or disconnect you from our network, and discontinue providing our products and services to you, if you do not meet all of your obligations under our contract with you (in this case, you may have to pay a recommencement fee before you can use our services again);
Suspend or disconnect you from our network if a carrier suspends or interrupts its service to us in a way which affects our ability to provide our services to you;
Suspend or restrict a service in an emergency or whenever doing so is considered necessary to protect persons, systems or other property.
Our normal charges, as set out in our price list, will continue to apply during any period of suspension or disconnection.

Liability
We are not liable to you:
For any loss of profit, or any consequential, incidental or indirect loss or damage suffered by you; For any defect in the quality of the Internet services which can be attributed to equipment provided by you; To the extent that any breach by us was caused or contributed to by your breach of these Terms and Conditions or by your negligent, fraudulent or unlawful act or omission; For any access or alteration to, or loss, theft or destruction of data files, programs, procedures or information caused by any third party that has achieved access to the network. Our liability under these Terms and Conditions shall not exceed: The aggregate of the amounts billed to you (excluding GST) under our two most recent invoices immediately preceding the occurrence of the breach, in respect of any one breach; and $1,000 in any twelve (12) month period, irrespective of the number of breaches in that period.

Assignment
We may assign or transfer, or subcontract the performance of all or part of, our rights and responsibilities under our contract with you to someone else.
You may not assign or transfer any of your rights or responsibilities under our contract with you to anyone else, except with our prior written consent.

Waiver
Any delay by us in exercising any of our rights under these Terms and Conditions shall not mean we have waived or given up those rights.

Severability
If a Court finds that any provision of our contract with you cannot be enforced, that provision shall be severed from our contract and the other terms of our contract shall remain binding.

Traffic (Volume) Based Rates Terms and Conditions
In addition to the SpamBlocker General Terms & Conditions, if you have a rate that is charged for the volume of data transferred through it (MB usage), you agree to abide by the following Terms & Conditions:
We charge for any traffic transferred to (or from) your computer via our system from (or to) any other computer. Due to the overhead in reliably sending information across the Internet, the amount of data transferred may be larger than the file size reported by third party sources.
We do not accept any responsibility for the accuracy of any file size reported by any third party, or for the overhead in sending information across the Internet.
At the end of the billing month excess usage charges will be rounded up to the nearest MB and then calculated.
From time to time we may specify that the traffic charges for information transferred from specified locations will be charged at a reduced rate, or that there will be no charge. We reserve the right to add locations to the specified list, or remove locations from the specified list. Any such changes will be notified to you by e-mail, or by placing a message in an appropriate location on the system, as defined above.
The definition of local, national and international traffic is at our discretion and will be based on publicly available routing information. We are in no way liable for inaccuracies within this system.

Internet Code of Practice
This is located at http://www.isocnz.org.nz/icop/icop99the-code.html. The code is not maintained by SpamBlocker and may be subject to change. Where practicable, SpamBlocker will advise all customers potentially affected by any changes.