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User Acceptance Policies

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Earth First User Acceptance Policy

Please read our user acceptance policy below. Earth First Website Development & Hosting Ltd provides web hosting to many clients, and we have a responsibility to protect each and every client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.


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Content:
  • All hosting services provided by Earth First may be used for lawful purposes only.

Transmission, storage, or presentation of any information, data or material in violation of any New Zealand & USA law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute, and invasion of privacy.

The subscriber agrees to:
indemnify and hold harmless Earth First from any claims resulting from the use of the service which damages the subscriber or any other party.
All pornographic content and sex-related merchandising is prohibited on all Earth First. servers. This includes sites that may infer sexual content or links to adult content elsewhere.Earth First will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Earth Firsts web hosting servers or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links: Pirated software Hacker programs or archives Warez sites, Earth First. will be the sole arbiter as to what constitutes a violation of this provision.

Commercial Advertising - Email: Spamming, or the sending of unsolicited email, from a Earth First hosting server or using an email address or domain that is maintained on an Earth First machine as reference is STRICTLY prohibited. Earth First will be the sole arbiter as to what constitutes a violation of this provision.

Misuse of system resources:

  • To protect and maintain high availability of all servers, activities designed to cause harm to or monopolize the resources of any server in the Earth First network is prohibited. This includes, but is not limited to, the use of programs that consume excessive CPU time; use of server space for backup or storage of material unrelated to the web site of an account; use of any provided mail services other than for the client's own account; resale of disk space without an appropriate reseller agreement; use of servers to engage in any malicious or illegal activity, including unauthorized access to remote systems or providing the means for such access or engaging in any activity that can be used as a means to begin remote system penetration; distribution of viruses, worms, or any other electronic destructive resource; or maintaining or creating any free for all (FFA) type sites.
  • Internet Relay Chat ("IRC") related materials are prohibited, without exception. This includes bots, bouncers, or any script or software package designed to facilitate the creation, maintenance, or access to any IRC server or channel. Client accounts found to have such software or scripts uploaded are subject to suspension or termination without notice. Scripts or software found to exist on any server will be deleted immediately upon discovery, without notice, and a warning issued. Further violations of this policy will result in account termination.
  • CGI or php-based shell scripts are prohibited. This includes any script that is used for the purpose of issuing shell-level commands or which acts as a proxy for shell access via a web browser rather than the use of the embedded SSH client in the control panel or the use of a standalone SSH client. Such scripts will be deleted without notice when found. Continued use of such scripts will be grounds for account termination.
  • Web proxy scripts are prohibited. This includes any script, such as nph-proxy, that allows anyone to browse to a third party web site from any server in the Earth First network or that otherwise masks the true origination point of browsing activities by use of network information associated with Earth First . Such scripts will be deleted when found. Repeated violations will result in account suspension or termination.
  • The weblog software Greymatter is not permitted on any Earth First server. Filtering is performed on all servers to deny access to the scripts Greymatter utilizes due to the resource issues created by those scripts. Installations found will be noted to the account holder for removal and transitioning to a new weblog software package.

Suspension: Activity which results in a suspension or deactivation of an account will result in a forfeiture of fees paid. Complaints made regarding abuses of an account will be grounds for suspension. Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion. All sub-networks, distributive hosting sites, and dedicated servers of Earth First. must adhere to the above policies. Please direct any reports of violations of the above policies to (See contact page of address) Failure to follow any term or condition will be grounds for immediate account deactivation.


Non payment of our charges:If any charges are owing to us and are not fully paid we may restrict the right to suspend the use of our servers. You remain liable for the charges. You will have to pay any reasonable expenses (including solicitor and own client costs) we incur in collecting any money you owe us or in exercising any of our other legal rights .
1) 7 days past due- Control panel disabled
2) 14 days past due- E-mail services disabled.
3) 41 days past due - Hosting service completely disabled

Charges for Space and Server Traffic: Above and Beyond that which are Allocated in Client's Hosting Plan You agree that there will be a charge per mega byte of extra data transfer and will remit payment for extra server traffic pursuant to the website hosting package that you have selected. Charges for excess server traffic are also listed in Earth Firsts pricing plans you agree that it will be charged and will remit payment for extra bandwidth, server storage space and extra e-mail accounts pursuant to the web site hosting package that you have selected. Said charges will be prorated and appear on the following invoice.

Our commitment to you: Due to the nature of the world wide web we cannot guarantee our services will be fault free, but we will have your site on line 99% of the time minimum.

Material and Products
(a)We will exercise no control whatsoever over the content of the information passing through the network or on the Client's web sites.
(b) We make no warranties or guarantees of any kind, whether expressed or implied for the service provided and also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non- deliveries or service interruptions or gaps by any cause or errors or omissions of the Client.
(c) Earth First is not responsible for any loss, erasure, or corruption of Client's data or files whatsoever.
(d) Use of any information obtained by way of Earth First is at the Client's own risk, and we specifically deny any responsibility for the accuracy or quality of information obtained through our services.
(e) Connection speed represents the speed of connection to Earth First and does not represent guarantees of available end to end bandwidth.

Your rights to Compensation from us: Where a service we provide to you is affected because we do not meet our responsibilities to you and you reasonably incur an expense as a result. Please inform us. Where we consider it appropriate, we will refund you an amount equal to your standard monthly fee. For us to consider this claim we must be informed within 14 days of the service being affected.

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