The ThoroughbredNET Service Contract is a document that details
your rights and obligations as a ThoroughbredNET Member. The ThoroughbredNET
Web Site and related services are offered to you conditioned upon
your acceptance without modification of these Terms of Service.
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Description of Service
ThoroughbredNET operates this Web site (will be referred to
as the "ThoroughbredNET Web Site") and associated web pages
(will be referred to as the "ThoroughbredNET Member Web Sites").
ThoroughbredNEToffers you (The Member) access to the ThoroughbredNET
Web Site which allows you to set up a web site and list your
business in the ThoroughbredNET Directory , provides you access
to a collection of resources, offers hosting services (the "Service").
ThoroughbredNET offers you access to the ThoroughbredNET Web
Site in exchange for your payment of the applicable fees and
your agreement to accept and comply with the terms, conditions,
and notices stated here and as may be modified by ThoroughbredNET
from time-to-time in its sole discretion without notice to you.
The Service is provided to assist you with the operation of
your business. You, and not ThoroughbredNET, are entirely responsible
for all information, data, text, music, sound, photographs,
graphics, video, messages or other materials ("Member Content")
posted via the Service. ThoroughbredNET does not control the
Member Content posted via the Service and as such, does not
guarantee the accuracy, integrity or quality of such content.
ThoroughbredNET reserves the right, but is not obligated to
review the Member Content posted via the Service and to refuse
or remove any such materials in its sole discretion, without
notice at any time.
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General Use of the ThoroughbredNET Web Site
All services provided by ThoroughbredNET may be used for
lawful purposes only. Transmission or storage of any information,
data or material in violation of any New Zealand law is prohibited.
This includes, but is not limited to, copyrighted material,
material legally judged to be threatening or obscene, or material
protected by trade secret or other statute. The Member agrees
to indemnify and hold harmless ThoroughbredNET from any claims
resulting from the use of the service which damages the Member
or any other parties.
NOTE: Pornography and sex-related merchandising are prohibited
on any ThoroughbredNET server. ThoroughbredNET will be the sole
arbiter as to what constitutes a violation of this provision.
NOTE: Spamming, or the sending of unsolicited email, from a ThoroughbredNET
server or using an email address that is maintained on a ThoroughbredNET
machine is STRICTLY prohibited. ThoroughbredNET will be the sole
arbiter as to what constitutes a violation of this provision.
Except with the written permission of ThoroughbredNET, you agree
that you will not access or attempt to access password protected,
secure or non-public areas of the ThoroughbredNET Web Site. Unauthorized
individuals attempting to access prohibited areas of the ThoroughbredNET
Web Site may be subject to prosecution.
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Charges and Billing
Payment is due upon receipt of invoice with all monthly
charges to be paid by automatic bank payment. All payments must
be in NZ dollars and withdrawable at a NZ bank. Accounts are
in default if payment is not received within 30 days after date
of invoice. If either a Member’s cheque or automatic payment
is returned by the bank as unredeemable, the Member will be
deemed to be in default, and will be liable for an unpaid charge
of $40.00.
All contracts are for a 6 month period and the Member is liable
for the full monthly charges of the entire 6 month period, with
one months notice required to terminate the service after the
6 month contract.
Accounts unpaid 30 days after date of invoice may have their
service interrupted. Such interruption does not relieve the Member
from the obligation to pay the monthly charge. Only a written
request to terminate the service relieves the Member of obligation
to pay the monthly account charge after the completion of the
6 month contract period.
Accounts in default are subject to a late payment charge of $40.00
and an interest charge of 1.5% per month on the outstanding balance.
If the Member defaults, the Member agrees to pay ThoroughbredNET
its reasonable expenses, including solicitor and collection agency
fees, incurred in enforcing its rights under these Terms and Conditions.
All files, information and mail under the account will be preserved
for 15 days from the date the payment is due. If the payment is
not received after 15 days, all files, information and mail under
the account will be deleted. If the Member wishes to use the service
again, the Member must re-apply as a new Member. For this, an
activation fee will be required.
The Member agrees that ThoroughbredNET has the right to delete
all data, files or other information that is stored in the Member’s
account if the Member’s account with ThoroughbredNET is terminated,
for any reason, by either ThoroughbredNET or the Member.
Member accounts cannot be transferred or used by anyone other
than the Member.
ThoroughbredNET shall have the right to suspend service to the
Member at any time, and for any reason, without notice. If such
a suspension is to last for more than 30 days, the Member may
be notified as to the reason.
The service provided by ThoroughbredNET may be cancelled in
writing at any time without penalty provided one months notice
is given in writing. ThoroughbredNET reserves the right to change
the monthly rate of service by notifying the Member 15 days in
advance of the effective date of the change.
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Registration / Privacy Policy
In order for you to participate in the Service, ThoroughbredNET
will require that you provide specific information about yourself
and/or your business. If you choose to participate and build
your own Web site ("Member Web Site"), you agree to provide
true, accurate and complete information and to refrain from
impersonating or falsely representing your affiliation with
any person or entity (such information being "Member Data").
Member Data and certain other information about you and/or your
business are subject to our Privacy Policy. You agree and acknowledge
that Member Data from the registration process is used to send
you information about ThoroughbredNET and the Service, including,
but not limited to, the use of your email address for newsletters
and other necessary company communication.
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Storage and Usage
You acknowledge that ThoroughbredNET may, from time to time,
establish general practices and limits concerning the use of
the Service, including the maximum limits on bandwidth usage
that will be allotted to you. You agree that ThoroughbredNET
has no responsibility or liability for the deletion or failure
to store any content maintained or transmitted by the Service.
You further acknowledge and agree that ThoroughbredNET reserves
the right to change these general practices and limits at any
time, in its sole discretion, with or without notice.
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Content Submitted to ThoroughbredNET
ThoroughbredNETis not under no obligation to monitor, pre-screen,
or otherwise censor Member content thoughts and opinions. Therefore,
ThoroughbredNET cannot be responsible for the appropriateness,
accuracy, sufficiency, correctness, veracity, completeness,
or timeliness of such thoughts and opinions.
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Proprietary Rights
ThoroughbredNET does not claim ownership of the Member Content
you provide to ThoroughbredNET or place on your Member Web Site.
However, you grant ThoroughbredNET rights to use, reproduce,
modify, distribute, transmit, combine with information provided
by third parties and publicly display the Member Content on
and through the ThoroughbredNET Web Site and in ThoroughbredNET's
promotional or advertising materials only for the limited purpose
of promoting the Service. No compensation will be paid or due
you with respect to ThoroughbredNET's or its sublicensee's use
of the materials as licensed above.
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Disclaimer of warranties
you expressly understand and agree that:
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Your use of the service is at your sole risk. We and our
suppliers provide our service, the ThoroughbredNET web site
and your member web site "as is" and without any warranty
or condition of any kind, express or implied, including,
but not limited to, the implied warranty of merchantability,
fitness for a particularpurpose, title and non-infringement.
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Thoroughbrednet and our suppliers make no warranty that
(i) the service will meet your requirements, (ii) the service
will be uninterrupted, timely, secure or error-free, and
(iii) the quality of any products, services, information
or other material purchased or obtained by you through the
service will meet your expectations.
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Any material downloaded or otherwise obtained through the
use of the service, the ThoroughbredNET web site or member
web sites is done at your own discretion and risk and you
will be solely responsible for any damage to your computer
system or loss of data that results from the download of
any such material.
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Limitation of liability
in no event shall ThoroughbredNET and/or our suppliers be
liable for any indirect, punitive, special, incidental or consequential
or any damages whatsoever, including, but not limited to, damages
for loss of use, data or profits (however arising, including
negligence) even if ThoroughbredNET or any of its suppliers
has been advised of the possibility of damages, arising out
of or in connection with (a) the use or inability to use the
service, (b) the provision of or failure to provide services,
(c) for any information, software, products, services and realted
graphics obtained through the service or otherwise arising out
of the use of the service, (d) statements or conduct of any
third party on the service, or (e) any other matter relating
to the service. Without limiting the foregoing, neither
ThoroughbredNET nor its suppliers is responsible for any of
your data residing on ThoroughbredNET or its suppliers' hardware.
You are responsible for backing-up your data and information
that may reside on the ThoroughbredNET or its suppliers' hardware,
whether or not such information is produced through the use
of ThoroughbredNET. It is your responsibility to take the necessary
steps to ensure your primary means of business is maintained.
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Termination and Cancellation
All contracts are for a 6 month period and the Member is liable
for the full monthly charges of the entire 6 month period, with
one months notice required to terminate the service after the
6 month contract.
Accounts unpaid 30 days after date of invoice may have their
service interrupted. Such interruption does not relieve the Member
from the obligation to pay the monthly charge. Only a written
request to terminate the service relieves the Member of obligation
to pay the monthly account charge after the completion of the
6 month contract period.
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Independent Review
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND ALL RELATED
SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND
THAT YOU AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY
EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY
OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT
AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT
OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.
