The following terms and conditions govern all use of the wp.foobar.net.nz service (the Service).
These terms and the Service are subject primarily to the laws of New Zealand.
“We” (Foo Bar Limited) provides The Service to “you” subject to the following Terms of Service; which may be updated by us at any time without notice. These Terms of Service are available online at https://wp.foobar.net.nz/terms-of-service.
The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time by “us”. You agree that we may automatically upgrade the Service, and these terms will apply to any upgrades.
Description of the Service
The Service provided by us a paid website hosting service and makes extensive use of open-source software including WordPress and both free and commercial plugins and themes. All software deployed on the Service is at our sole discretion, and reserve the right to refuse any request for additional software.
The Service provides you complete control of your content and site within the limits of the Service.
The Service makes use of third-party software and services, links to relevant licenses and terms are made throughout this document.
You understand and agree that the Service is provided “as-is” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees.
Accounts & Security
Use of the Services requires at least one registered account consisting of the real name and valid email address of the individual primarily responsible for your site. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your account and any other actions taken in connection with the Service. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
You are solely responsible for keeping your password secure, and solely responsible for keeping secure any additional accounts created on your site for any reason.
We take reasonable steps to secure the Service from various forms of attack and we will not be liable for any damages of any kind incurred as a result of an attack.
We offer free HTTPS on request, including sites using custom domains. You authorize us to act on the domain name registrant’s behalf (by requesting the necessary certificates) for the sole purpose of providing HTTPS for your site.
Copyright and Intellectual Property
We make no claim of IP or copyright over your content, and accept no responsibility for the accuracy or legality of your content and site. The onus is on you to prove ownership of the rights to publish content, not for us to prove you do not.
You are entirely responsible for the content of, and any harm resulting from, that content or your conduct. That is the case regardless of what form the content takes, which includes, but is not limited to text, photo, video, audio, or code.
We reserve the right to display attribution text or links on your site, attributing (for example) theme, plugin, or content authors.
The Services does not require transfer of domain registration or name servers to us though we assume no liability for any damages incurred as a result of using other registrars or name servers.
Your site must not use excessive amounts of resources, including bandwidth, processor utilisation, and disk space. We reserve judgement of what use is excessive. Excessive use may incur additional charges.
You agree not to resell or exploit for any purpose and portion of, use of, or access to the Service.
You agree to pay us, the annual or monthly fees indicated for the Service. No refunds apply for termination of the service by either party for any reason prior to the end of the contracted period.
Disclaimer of Warranties.
Our Services are provided “as is.” We and our suppliers and licensers hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither us nor our suppliers and licensers, make any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Limitation of Liability.
In no event will we, or our suppliers or licensers, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to us under this agreement during the twelve (12) month period prior to the cause of action. We shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless us, our contractors, and out licensers, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of The Services, including but not limited to your violation of these terms.