All Internet Services are provided on an "as is, as available" basis.

We suggest that you thoroughly read and familiarize yourself with these terms and conditions to ensure you understand the terms and conditions of the agreement you are entering into with Hosting Direct.

1.1 To the extent that there is any uncertainty in the construction of the terms of this contract, the definitions listed in Schedule 1 shall be used to construe the proper meaning of the terms of this contract or the terms shall be construed in the ordinary meaning.

1.2 Hosting Direct gives no warranty, express or implied, for the Product/Services, including any reimbursement for losses of income due to disruption of services by Hosting Direct or its providers for any amount greater than the fees paid by the Customer to Hosting Direct for the services. The Customer irrevocably, waives all right to claim reimbursements for lost business income as a result of interruptions to Product/Services provided by Hosting Direct.

1.3 The Customer warrants to Hosting Direct that they will use the Product/Services provided by Hosting Direct in a manner consistent with the laws of New Zealand and any local laws to which the Customer is subject in its use of the Internet. The Customer further indemnifies Hosting Direct against all liability for the illegal use of the Internet and any criminal, civil or other sanctions which may result from the illegal use of the Internet in any and all jurisdictions in which Customer operates using Hosting Direct’s Network in any way.

1.4 You may have the benefit of statutory guarantees under the Consumer Guarantees Act 1993. Unless you use, or hold yourself out as using, the services for the purposes of a business.

1.5 While we take all reasonable security precautions, the nature of telecommunications services means that we cannot guarantee the confidentiality of any calls or transmissions you make using our Product/Services.

1.6 We may vary the Product/Service or price from time to time, or decide to stop providing a particular Product/Service. We will notify you prior to making a variation to your Product/Services via email.

2.1 Hosting Direct retains the right to refuse service to anyone at any time for any reason.

2.1 The Customer is required to provide and regularly update Hosting Direct with correct contact details for billing and technical notification purposes. Hosting Direct accepts no liability for disruption to services due to inability to contact the Customer. It is the Customer's responsibility to provide Hosting Direct with a valid email address that allows emails from Hosting Direct that can get through your spam filter, which is not at the domain(s) The Customer is signing up under. Hosting Direct retains the right to refuse service to anyone at any time for any reason.

2.2 FreeB Accounts - Terms and Conditions:

(a) Hosting Direct offers a Free Hosting service with new domain name registrations or transfers. Hosting Direct reserves the right to put a small, non-removable text ad on each page of the freely hosted site. Removal of this ad will result in a cancellation of the Customer’s FreeB service.

(b) Customer must retain the domain name associated with the FreeB account with Hosting Direct to keep the FreeB account open.

(c) Customer must renew their domain name associated with the FreeB account with Hosting Direct to keep the FreeB account open.

(d) Customer must have their domain name DNS associated with the FreeB account pointed to Hosting Directs nameservers to keep the FreeB account open.

(e) Hosting Direct reserves to right to deny our FreeB services to anyone at anytime for any reason, without further notice.

(f) Hosting Direct offers NO phone or personal support for it's Free Hosting service (FreeB) whatsoever.

(g) If the Customer wants to upgrade to paid hosting, they must ask Hosting Direct to terminate their FreeB service.

2.3 Credit Worthiness

2.4 If at any time Hosting Direct has reasonable concerns about the customer’s creditworthiness, or its ability to comply with the terms of this agreement, then Hosting Direct may require that the customer do one or more of the following:

(a) Bond: provide Hosting Direct with an amount equal to two months’ estimated charges.

(b) Letter of credit: provide a letter of credit to Hosting Direct from your bank.

(c) Guarantee: provide a guarantee in support of the customer’s obligations under this agreement in a form and from an entity approved by Hosting Direct.

(d) Trade references: provide trade references from two creditors approved by Hosting Direct, in which case the customer must pay, provide or deliver the relevant items to Hosting Direct within 5 Business days of Hosting Directs written request. failure to pay, provide or deliver the relevant items to Hosting Direct within that time constitutes a breach of this agreement

3.1 Waiver for damage if a colocation box is supplied without rails, if the customer can't bring rails they have to accept the risk of possible damage to their server.

3.2 If you cancel your colocation and there is debt due on your account, your server will be held in lieu of any debt due, even if the server is more valuable than the debt. You have 45 days to 0 balance the due monies otherwise you forfeit/gift your server to Hosting Direct.

3.3 If you cancel your colocation server and do not pick it up within 7 days after cancellation, Hosting Direct will charge you a one off storage fee of $150 +GST until picked up.

3.4 Any parts from your server such as rails, power leads, etc are not returned after your colocation service has ended Hosting Direct, we will do our best to supply the missing parts but will NOT be held liable for them or pay for their replacement.

4.1 You must have the Authorisation of the Telephone account holder.

4.2 You must supply current supplier information such as account number.

4.3 In the event of transferring Internet services to Hosting Direct, please do not terminate the Internet service before Hosting Direct transfers your Internet port.

4.4 It may take up to 4 days before your Internet connection is established.

4.5 Please check the contract status with your current provider before signing up.

4.6 The day you signup is the start of your billing period, if you are not connected for up to 4 days after the signup date, we will not refund these 4 days or change your start of billing date.

4.7 If a technician from Hosting Direct or Chorus comes out to your address, there will be a one off fee of $255 for this service.

4.8 If you require a New POTS line installation at your site there will be a one off fee of $195 charged.

4.9 Telecom/Chorus charges will apply at the prevailing rate for any additional services supplied such as wiring, technician visits and other such work conducted by Telecom or it’s subsidiary companies or contractors in relation to the provisioning or management of services supplied.

4.10 All copper services come with No Performance Guarantees or Service Availability Guarantees.

5.1 While Hosting Direct makes every reasonable effort to protect data stored on its servers and/or network, Hosting Direct accepts no liability for the Customer’s data, files, or directories residing on Hosting Direct's equipment in any way. The Customer is solely responsible for maintaining data, file, and directory structure backups.

On an all care/no responsibility basis only, Hosting Direct backs up its services every 12 hours to its on-site and off-site backup systems. The Customer can request a backup at any time upon reasonable notice for databases, home folders, IMAP emails and any other data generated by

The Customer agrees that a minimum charge of $120.00 + GST may be applied per incident to restore The Customer's data.

5.2 The Customer agrees that the scope of Hosting Direct’s backup and scheduling of backups shall be at its sole and exclusive discretion and that the Customer waives any legal right or objection in relation to Hosting Direct's decisions in relations to these matters.

The Customer agrees that Hosting Direct shall not be held liable for the retention and or restoration of any data held on its servers at any time.

6.1 This contract may be terminated by Hosting Direct without cause, by giving the Customer written notice.

6.2 If the Customer pays annually and wishes to cancel the service before their next due date; In such case, Hosting Direct shall not refund any monies for the remaining period.

6.3 Hosting Direct may, at its sole discretion, cancel an account at any time if, in its opinion, the Customer has failed to abide by this contract or the Acceptable Use Policy or any other policy relating to Hosting Direct’s operations and any future policy or change of policy which is determined as being necessary at the sole discretion of Hosting Direct. In such case, Hosting Direct shall be entitled to all reasonable costs and expenses of such enforcement including collection fees, court costs and legal fees.

6.4 The Customer must give 30 days written notice via email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it. before cancellation of any service takes place.

6.5 In such cases, if the service is cancelled without due notice by the Customer, Hosting Direct is not responsible for saving or returning any data, files or directories.

6.6 Hosting Direct will be entitled to payment for the balance of the month where less than the one month’s notice is given.

7.1 In relation to the use of a particular amount of bandwidth, upon purchase of a Product through this website, the Customer agrees to abide by the terms of clause 20.

7.2 Hosting Direct maintains control and ownership of all IP numbers and addresses that may be assigned to the Customer and reserves the right to change or remove any and all IP numbers and addresses to the Customer's service.

8.1 If the Customer acts as a reseller (i.e. the Customer bills their clients for services the Customer buys from Hosting Direct) the Customer agrees that the Customer will not refer their client to Hosting Direct for support services, and acknowledges that there is no direct relationship between Hosting Direct and the Customer’s client and accepts that Hosting Direct's policies will be applied to such clients. Hosting Direct makes no warranties or guarantees as to the subsequent usage of services resold by the Customer. In the act of reselling, the Customer adopts all liability for Products and services resold on to other consumers and Hosting Direct accepts no vicarious liability whatsoever for representations made by Customers in relation to Products and services which they are on-selling. The Customer must rely on its own representations in the course of on-selling products and services produced by Hosting Direct.

9.1 The retrieval of access shall be conducted in the following manner. If the Customer loses their account access information, the Customer must do these things in order:

(a) Request an automatic password re-send if available, via the service login form provided for service in question online;

(b) Email Hosting Direct's support staff to re-send the details to the email address Hosting Direct has on record; and

(c) Fax in required identification as requested by Hosting Direct.

10.1 The terms of payment by the Customer to Hosting Direct are:

(a) The Customer will be billed one month in advance from the date the service becomes active.

(b) All prices stated on Hosting Direct's website are in New Zealand dollars and exclude GST.

(c) All prices are subject to change with 14 days advance notice from Hosting Direct. Prices may increase due to increased operating costs, for example: power, bandwidth and or administration costs, and at Hosting Direct’s sole discretion.

(d) Hosting Direct only accepts payment by Visa or MasterCard, Cheque, Direct Credit, Automatic Payment and Phone-In Credit Card.

(e) If the Customer's payment is not received for an invoice by the due date shown on the invoice, services WILL be suspended or even terminated (at the discretion of Hosting Direct).

(f) A late payment fee of 11% per invoice will be applied to the Customer's overdue invoice seven days after the date on which payment was first due.

10.2 If you are in arrears and past a due date by eight days, Hosting Direct WILL hand the Customer's accounts/records/logs and other information over to it's debt collection agency (Impact Financial Services) and the Customer will be liable for all costs incurred in recovering the debt.

10.3 Hosting Direct reserves the right to terminate this contract as a result of any late payment by the Customer, without notice.

10.4 If the Customer fails to make payments on time each month, Hosting Direct WILL require the Customer to pay a deposit as a condition to keeping your account open.

10.5 Hosting Direct does not offer any credit services to it's Customers.

10.6 The Customer acknowledges that Hosting Direct has the right to pass on any extra cost's incurred that arise from a complication during the install of either ADSL2, Naked DSL, VDSL2, VDSL2 Naked, HSNS and Fibre services.

11.1 Hosting Direct reserves all rights to remove content placed on its servers which contravene the terms of the Unsolicited Electronic Messages Act 2007 (NZ). The Customer warrants that the content it places on Hosting Direct's services will not in any way contravene the terms of this legislation and grants Hosting Direct a complete indemnity in relation to the said warranty. The Customer also recognizes, acknowledges, accepts and agrees to abide by Hosting Direct's zero tolerance policy with regard to the use of “Spam” Internet marketing techniques. In the event that Hosting Direct deems the Customer to be in violation of Hosting Direct's policies, Hosting Direct may immediately revoke the Customer's user rights and delete any active account(s).

11.2 Hosting Direct considers spamming to be any activity whereby:

(a) The Customer directly or indirectly transmits email messages to any email address that has not solicited such email and which does not consent to such transmission,

(b) The Customer posts advertisements in newsgroups in violation of the terms of participation in such newsgroup or in newsgroups that do not specifically permit advertisements.

11.3 Pending review, Hosting Direct also reserve the right to suspend a Customer's account and participation upon receipt of any complaint or other evidence that the Customer may be engaging in any spamming activity.

12.1 When you refer someone to our website with your unique referral ID, a cookie is placed on their computer containing this ID so if they bookmark the site and come back later you will still receive the commission.

12.2 Hosting Direct reserves the right to remove the Customer's account and participation in the affiliate program upon receipt of any complaint or other evidence that Customer may be engaging in any illegal activity or a breach of clause 18 of these terms and conditions.

12.3 Hosting Direct will not delete the Customer as an affiliate or stop payments if an affiliate program is shut down. The Customer will earn money from Hosting Direct from the referrals as long as Hosting Direct is actively billing the Customer’s referrals.

12.4 The affiliate payment commission delay is 7-28 days and the affiliate payout amount is $25.00 (the minimum amount affiliates need to earn before making a withdrawal).

12.5 There are no transaction fees on withdrawals.

12.6 The Customers cannot affiliate the link itself.

12.7 If the Customer’s account has been removed as an affiliate, no payout will be made.

13.1 Accounts canceled/terminated for violation of our Acceptable Use Policy will not qualify for our money back guarantee, e.g. if a service is canceled due to a spamming violation, it will not qualify.

13.2 Cancellation must be done via email.

13.3 Setup fees, e.g. domain names, are not refundable.

13.4 Service add-ons such as "IP Addresses” are non-refundable.

13.5 Refunds cannot be issued back to credit cards.

14.1 The Customer agrees to indemnify, defend and hold Hosting Direct and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable solicitor's fees related to the Customer’s breach of this contract.

14.2 Notwithstanding anything else in the contract, Hosting Direct shall not be liable to the Customer for loss of profits, contracts, loss of reputation, loss caused by any third party deleting, removing, deactivating or tampering with the Hosting Direct Service or other indirect or consequential loss whether arising from negligence, breach of contract or howsoever.

14.3 The Customer shall immediately indemnify Hosting Direct against all proceedings, fees, expenses, payments, liabilities, injury, costs and damages arising out of:

(a) The breach by the Customer of any of its obligations under the contract; and

(b) Any express or implied warranties, representations, confirmations or acknowledgements that are given by the Customer which are untrue or misleading.

14.4 The Customer agrees that Hosting Direct shall not be liable to the Customer for any force majeure event (unavoidable event) being any situation (other than a failure to pay money due to the other party) in which Hosting Direct fails to comply with its obligations under the contract due to anything beyond its reasonable control.

14.5 The Customer agree that Hosting Direct shall not be liable to the Customer for loss arising from or in connection with any representations, agreements, statements or undertakings made prior to the date of execution of the contract other than those representations, agreements, statements or undertakings confirmed by a duly authorised representative of Hosting Direct in writing or expressly incorporated or referred to in the contract.

14.6 This contract represents the entire understanding between Customer and Hosting Direct, regarding Customer's relationship and supersedes any prior statements or representations.

15.1 Hosting Direct gives no warranties in relation to any of the Product/Services content, goods or services provided through its websites. Hosting Direct does not guarantee in any way the merchantability, quality or use of Products purchased through the site.

15.2 The Customer warrants that the they are in possession of the following and that they waive any legal right to claim against Hosting Direct in relation to loss of damage resulting from the absence of the following:

(a) An Internet connection with sufficient bandwidth and quality to allow trouble-free browsing and data uploading and downloading;

(b) A fully functional Internet browser;

(c) Suitable and necessary tools to develop and publish content; and

(d) Tools with which to access database servers.

15.3 The Customer warrants that:

(a) The Customer has full power and authority to enter into and perform the contract;

(b) All information provided by the Customer to Hosting Direct shall be complete, accurate and not misleading;

(c) The Customer will comply with all its duties under any data protection laws and regulations applicable to the Customer’s operations;

(d) The Customer’s performance of its obligations under the contract will not infringe the Intellectual Property Rights of Hosting Direct or any third party; and

(e) None of the information or materials supplied by the Customer to Hosting Direct shall be libelous, obscene or abusive nor shall it breach any law or regulation or give rise to any legal claims of any sort.

5.4 The Customer agrees that all conditions, warranties, representations or other terms concerning the supply of the Product which might otherwise be implied or incorporated into the contract or any collateral contract, whether by statute, common law, custom or otherwise, are hereby expressly excluded to the fullest extent permitted by law.

15.5 The Customer should have their own insurance organised for their owned equipment stored or hosted at Hosting Direct's datacentre's.

16.1 The Product/Services provided from or through its website by Hosting Direct is provided on an "as is", "as available" basis. All warranties, express or implied, are disclaimed including but not limited to, any implied warranties of the merchantability and fitness for a particular purpose of Product/Services. The maximum liability of Hosting Direct for the Product, for any reason shall be limited to the amount paid by Customer for the particular items purchased and in the event of a regular supply of Product, a sum equivalent to three month’s such supply. The Customer hereby accepts that the maximum liability of Hosting Direct, for any reason shall be limited to the cost of the content, goods or services provided to the Customer by Hosting Direct.

Hosting Direct and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental or consequential damages including damages for loss of business, business profits, litigation judgments or the cost of legal fees whether based on any claim for breach of contract, breach of warranty, tort, negligence, product liability or any other claim which the Customer may raise against Hosting Direct. This term is to subsist despite any advice from the Customer of the nature of damages proposed by the Customer or their legal representative. This clause is to be considered a material, fundamental and essential term of the bargain between the Customer and Hosting Direct.

17.1. Except as provided herein, Hosting Direct agrees to refund the purchase price of any web hosting service within 14 days of purchase. Hosting Direct will not provide refunds or exchanges in relation to the following Products or services:

Reseller Web Hosting	All Domain Names	Virtual Private Servers	DirectAdmin Services
Colocation	Dedicated Servers	ADSL	Naked DSL
Wholesale Services	Naked VDSL2	VDSL2	SSL Certificates
IP Addresses	HSNS Services	WAN Services	Fibre Services
DirectAdmin Licenses	VPN Service	Firewall Services	Advanced Server Monitoring
Service Migration	Server Hardware	Managed Racks	Email Services
Server Management Services	Load Balancing	Internal Network

17.2 No refund will be issued where an account was closed in accordance with clause 18 known as the "Acceptable Use Policy" of these terms and conditions. In particular, any website engaging in the activity of spamming defined at the sole discretion of Hosting Direct will not qualify for any refund within the 14 day period.

17.3 In order to claim any refund, the Customer must contact Hosting Direct via phone or email as soon as possible before the 14 day period is up.

17.4 Costs such as setup fees, or in relation to domain names are not refundable in any respect.

17.5 Additional Services are not refundable under any circumstances.

17.6 Hosting Direct will not accept any liability or give any warranty or guarantee in relation to the time that Direct Credit takes to process credit card refunds or any changes made by the Customer to their credit card details, which results in delay or failure of the credit card refund process. Hosting Direct accepts no liability and gives no guarantee indemnity or warranty in relation to any error caused by a failure of Direct Credit's processing systems or Direct Credit generally.

17.7 The Customer agree to waive all rights, legal claim or objection in relation to the any refund in connection with any failure or deficiency of availability caused by or associated with:

(a) Circumstances beyond Hosting Direct's reasonable control, including but not limited to, acts of any governmental body, fire, flood, earthquake, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, e-commerce software, payment gateways, chat, statistics or free scripts);

(b) Scheduled maintenance and emergency maintenance and upgrades;

(c) The Customer acts or omissions (or acts or omissions of others engaged or authorized by you), including without limitation, Customer scripting or coding (e.g. CGI, Perl, HTML, ASP, etc), any negligence, wilful misconduct or use of Hosting Direct’s Product in breach of these terms and conditions and in particular clause 18; DNS (Domain Name Server) Propagation; Outages elsewhere on the Internet that hinder access to Customer account; or,

(d) Access issues related to DNS caching that may cause an Internet site to appear inaccessible when others can still access it.

18.1 It is Hosting Direct’s intent to provide its customers with good quality services where reasonably possible.

Without prejudice to or derogation from any of its general rights of termination, as provided herein Hosting Direct reserves the right to immediately terminate, without notice, any service provided to the Customer which violates this "Acceptable Use Policy".

The Customer agrees they will not:-

(a) Undertake any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening, defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offence.

(b) Violate the law of any foreign state or in particular the laws of the country in which Customer resides.

(c) Impersonate any person, entity or computer address, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar activity.

(d) Access any other person’s computer or computer system, software, or data without their knowledge and consent; breach the security of another user; or attempt to negate the user authentication or security of any host, network, or account.

(e) Interfere with the computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, and attempts to “crash” a host.

(f) Infringe any copyright, patent, trademark, trade secret or other intellectual property right registered in New Zealand, any other country or under an international agreement.

(g) Publish material which consists of any form of occult, illegal activities, racism and hate speech, violence, phishing, scams, plagiarism, hacking, stolen Internet content, Malware, Spam URL’s or other unacceptable content as determined in the sole and exclusive discretion of Hosting Direct .

18.2 Hosting Direct will not accept any usage of its services which relates to Illegal Activities, Fraudulent Activities, Peer-to-Peer File Sharing (All forms, All ports, All Software), Serving over 1000 Videos, IP Proxy Services, Bandwidth Tunneling over any protocol, Phishing or Internet TV or any other use deemed to be unacceptable at the sole and exclusive discretion of Hosting Direct.

18.3 Hosting Direct will conduct all investigations in possible violations of this clause independently and be the sole arbiter as to what constitutes a violation after such investigations have been conducted. Without limiting any of Hosting Direct's rights in relation to this contract, Hosting Direct contact the Customer in order to inform Customer that their use is in violation of this clause and may give the Customer an opportunity to cease unacceptable use before the cancellation of the account.

18.4 Any attempt to undermine the integrity of Hosting Direct's server infrastructure or data network will result in the immediate cancellation of the Customer account without notice or warning. Hosting Direct reserves the right to delete all of a Customer's data without warning and delete all related services or accounts without the provision of any refund or compensation if a Customer is found to be undermining of causing harm to Hosting Direct's servers or Data network in any way.

18.5 If any script operating on the Customer’s account, is determined in the sole and exclusive discretion of Hosting Direct to be negatively affecting the Server performance or Hosting Direct's data network integrity, may be deleted without notice. For the purpose of the this clause, 'script' includes any code which processes on the server, regardless of the scripting language used.

18.6 Programs such as Background Daemons/Spiders/Rippers/Screen Scrapers and Bots in general are prohibited and the Customer hereby recognise that Hosting Direct may delete their account without notice if in the sole exclusive discretion of Hosting Direct, these programs are found to exist on a Customer account.

18.7 Hosting Direct reserves the right to immediately delete, without notice, any Customer account which is determined in the sole and exclusive discretion of Hosting Direct as being used for the purpose of spam, which is not limited to but may include unsolicited email, flames or mail bombs over email, instant Messaging (including but not limited to SMS, MMS, ICQ, MSN, AIM, Yahoo messenger, Skype, Jabber) or any similar communication technologies which may emerge. For the purposes of this clause, the Customer must not operate bulk mailing lists (over 500 emails per day) on shared web hosting servers. Hosting Direct reserves the right to withhold service from a Customer known to be a spammer or hacker.

18.8 The Customer agrees to submit to the sole and exclusive discretion of Hosting Direct in determining what acceptable use is for the purpose of this clause.

18.9 Hosting Direct do not screen the material the Customer publishes to Hosting Direct's servers and accepts no liability for material posted through these services. Hosting Direct may at any time it deems appropriate remove edit or restrict the publication of content which it considers unlawful, or unethical or likely to cause liability to Hosting Direct in any way.

19.1 You can use this bandwidth for any purpose other than those outlined in our Acceptable Usage Policy (18). 19.2 The term "unmetered" or "unlimited" bandwidth means "fair use" of our services, without hidden data charges.

20.1 The Customer will be provided with unmetered national (within New Zealand) and international bandwidth per month. Bandwidth use is subject to the terms and conditions outlined in clause 18. 20.2 “Fair Use” does not apply to National Bandwidth and data. National Customers are provided with as many gigabytes per month as they desire. 20.3 International Customers must abide to “Fair Use” and if heavy amounts of bandwidth are used that affect the performance of our International CIR connections, other available options may be offered to the Customer. 20.4 Bandwidth management (traffic shaping) is employed at different times within the Hosting Direct Network to ensure great service to priority applications and to avoid filling the link to capacity or overfilling a link to Hosting Direct’s core network.

For the purposes of this clause, a “virus” is a computer program or a code or portion of a computer program which is intentionally created and programmed to cause damage to, corrupt, hinder, crash, tie up or otherwise create negative effects on a computer system. Hosting Direct shall not be responsible for any incidental, consequential or special damages, whether foreseen or foreseeable, or whether they have been informed of the possibility thereof and take no actions to prevent the same.

21.1 The Customer gives Hosting Direct the right to immediately, and at the sole and exclusive discretion of Hosting Direct, delete any file on the server systems or data network which is operating as a computer virus as defined at the discretion of Hosting Direct. The Customer also waives any right to claim against Hosting Direct in relation to damage caused by a computer virus transmitted though Hosting Direct's servers or data network. The Customer also undertakes to immediately notify Hosting Direct of any file in existence on Hosting Direct's servers or data network which is potentially a threat to the integrity, security or value of Hosting Direct's servers and data network.

22.1 Hosting Direct reserves the right to disclose information about the Customer requested for a lawful purpose by a third party organisation and without limiting the total scope of what Hosting Direct will disclose. Hosting Direct will disclose information in the following circumstances:

(a) Where Hosting Direct is required to do so by law;

(b) Where it is necessary to register a domain to provide information such as the full name, mailing address, phone number, email address, facsimile number and the creation and expiration dates of the Customer’s domain name registration and the name-server information associated with the Customer’s domain name available to the public via an interactive web page WHOIS service;

(c) For the purpose of the transfer of a business asset;

(d) To enforce or apply its services and other contracts; or protect the rights, property or safety of Hosting Direct, its users or others. This includes exchanging information with other companies and organisation's for fraud protection and credit risk reduction;

22.2 From time to time, Hosting Direct will collect information entered through our website, given by telephone or through electronic mail. For billing purposes, Hosting Direct will also collect credit card information and billing addresses. The Customer agrees to allow Hosting Direct to collect and hold this information for relevant business purposes.

22.3 The Customer agree that Hosting Direct may use personal information stored by Hosting Direct in order to contact the Customer by electronic mail concerning the use of services and other promotional marketing material regarding Hosting Direct's business services, operations and Products.

22.4 The Customer waives any right it may have to claim against Hosting Direct, in relation to any possible breach of privacy related legal obligations. Customer warrant that they will take all necessary steps to protect their personal information from unauthorised access, including but not limited to, signing off after the use of a publicly shared computer.

22.5 The Customer warrants that it will provide accurate, timely and the relevant information to Hosting Direct in relation to any matters which Hosting Direct may require for the purposes of updating information.

To the extent that any dispute should arise about the inconsistency of terms in relation to this contract, the Customer will submit to the discretion of Hosting Direct to determine the interpretation of an inconsistency.

Definition of Terms:

For the purposes of these terms and conditions, the following words and expressions shall have meanings hereby assigned to them except where the context otherwise requires:

• "Hosting Direct", "us", "we" and "our" means Hosting Direct;
• "Customer", "You" and "Your" means the party or parties who are authorized to make decisions regarding signing up/registering and understanding/accepting these terms and conditions - who utilize Products and/or services provided by Hosting Direct;
• "DNS" The Domain Name System (DNS) is a hierarchical naming system for computers, services, or any resource connected to the Internet or a private network. It associates various information with domain names assigned to each of the participants. Most importantly, it translates domain names meaningful to humans into the numerical (binary) identifiers associated with networking equipment for the purpose of locating and addressing these devices worldwide. An often-used analogy to explain the Domain Name System is that it serves as the "phone book" for the Internet by translating human-friendly computer hostnames into IP addresses.
• "IP", “IP Address(s)” The Internet Protocol (IP) is a protocol used for communicating data across a packet-switched network using the Internet Protocol Suite, also referred to as TCP/IP.
• "WHOIS" means the query and response protocol widely used for querying domain databases in order to determine the registrant or assignees of Internet resources, such as a domain name, an IP Address block or an autonomous system number.
• “Network” means any IP Data going via Hosting Direct’s network, TCP or UDP, Data transmission, digital transmission or digital communications is the physical transfer of data (a digital bit stream - is a time series of bits) over a point-to-point or point-to-multipoint communication channel. Examples of such channels are copper wires, optical fibres, wireless communication channels, and storage media. The data is represented as an electro-magnetic signal, such as an electrical voltage, radiowave, microwave or infra-red signal.
• “Servers”, “Server” A computer, sometimes called a web server, is a computer system that provides essential services across a IP network, to private users inside a large organization or to public Internet. Many servers have dedicated functionality such as web servers, print servers, file servers and database servers.
• “Incident”occurring etc by chance in connection with something else an incidental occasion.