The following terms and conditions govern all use of the community.internetnz.nz website and all content, services and products available at or through the website, including, but not limited to, community.internetnz.nz Forum Software, community.internetnz.nz Support Forums and the community.internetnz.nz Hosting service (“Hosting”), (taken together, the Community Website). The Community Website is owned and operated by InternetNZ (“InternetNZ”). The Community Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, community.internetnz.nz’s Privacy Policy and Community Guidelines) and procedures that may be published from time to time on this Site by InternetNZ (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Community Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Community Website or use any services. If these terms and conditions are considered an offer by InternetNZ, acceptance is expressly limited to these terms. The Community Website is available only to individuals who are at least 13 years old.

1. Your community.internetnz.nz Account

If you create an account on the Community Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify InternetNZ of any unauthorized uses of your account or any other breaches of security. InternetNZ 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.

2. Responsibility of Contributors

If you post material to the Community Website, post links on the Community Website, or otherwise make (or allow any third party to make) material available by means of the Community Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
  • your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and websites, and similar unsolicited promotional methods;
  • your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by InternetNZ or otherwise.

3. User Content License

User contributions are licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Without limiting any of those representations or warranties, InternetNZ has the right (though not the obligation) to, in InternetNZ’s sole discretion (i) refuse or remove any content that, in InternetNZ’s reasonable opinion, violates any InternetNZ policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Community Website to any individual or entity for any reason, in InternetNZ’s sole discretion. InternetNZ will have no obligation to provide a refund of any amounts previously paid.

4. Responsibility of Website Visitors

InternetNZ has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, InternetNZ does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. InternetNZ disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

5. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which community.internetnz.nz links, and that link to community.internetnz.nz. InternetNZ does not have any control over those non-internetnz.nz websites and webpages, and is not responsible for their contents or their use. By linking to a non-internetnz.nz website or webpage, InternetNZ does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. InternetNZ disclaims any responsibility for any harm resulting from your use of non-community.internetnz.nz websites and webpages.

6. Copyright Infringement and DMCA Policy

As InternetNZ asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by community.internetnz.nz violates your copyright, you are encouraged to notify InternetNZ InternetNZ will terminate a visitor’s access to and use of the Community Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of InternetNZ or others. In the case of such termination, InternetNZ will have no obligation to provide a refund of any amounts previously paid to InternetNZ.

7. Intellectual Property

This Agreement does not transfer from InternetNZ to you any InternetNZ or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with InternetNZ. InternetNZ, community.internetnz.nz, the InternetNZ logo, and all other trademarks, service marks, graphics and logos used in connection with community.internetnz.nz, or the Community Website are trademarks or registered trademarks of InternetNZ or InternetNZ’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Community Website may be the trademarks of other third parties. Your use of the Community Website grants you no right or license to reproduce or otherwise use any InternetNZ or third-party trademarks.

8. Attribution

InternetNZ reserves the right to display attribution links such as ‘Powered by internetnz.nz,’ theme author, and font attribution in your content footer.

9. Changes

InternetNZ reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Community Website following the posting of any changes to this Agreement constitutes acceptance of those changes. InternetNZ may also, in the future, offer new services and/or features through the Community Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

10. Termination

InternetNZ may terminate your access to all or any part of the Community Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your community.internetnz.nz account (if you have one), you may simply discontinue using the Community Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11. Disclaimer of Warranties

The Community Website is provided “as is”. InternetNZ and its suppliers and licensors 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 InternetNZ nor its suppliers and licensors, makes any warranty that the Community Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Community Website at your own discretion and risk.

12. Limitation of Liability

In no event will InternetNZ, or its suppliers or licensors, 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 InternetNZ under this agreement during the twelve (12) month period prior to the cause of action. InternetNZ shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

13. General Representation and Warranty

You represent and warrant that (i) your use of the Community Website will be in strict accordance with the InternetNZ Community Website’s Privacy Policy, Community Guidelines, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and (ii) your use of the Community Website will not infringe or misappropriate the intellectual property rights of any third party.

14. Indemnification

You agree to indemnify and hold harmless InternetNZ, its contractors, and its licensors, 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 Community Website, including but not limited to your violation of this Agreement.

15. Miscellaneous

This Agreement constitutes the entire agreement between InternetNZ and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of InternetNZ, or by the posting by InternetNZ of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Community Website will be governed by New Zealand laws.

Originally adapted from the WordPress Terms of Service.