Service Policies and Terms and Conditions

These policies are between Daniel Jason Hawke trading as LeagueWorks.net ("Us", "Our", "We") and all customers ("You", "Your") of LeagueWorks.net, to provide you with Web Hosting Services ("The Service").

1. Content
   All services provided by Us may be used for lawful purposes only.
   Transmission, storage, or presentation of any information, data or material in violation of any New Zealand law is prohibited. This includes, but is not limited to:
   a) copyrighted material, except where
   b) material we judge to be threatening or obscene
   c) material protected by trade secret and other statute
   You agree to indemnify and hold Us harmless from any claims resulting from the use of The Service which damages the subscriber or any other party.
2. Security
   Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
   Any attempts to undermine or cause harm to any of Our servers or customers are strictly prohibited. This includes the abusive sending of unsolicited email, also known as "Spam". (See Section 3, "Spam Policy", for more information.)
3. Spam Policy
   Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If You are found to have spammed, then We reserve the right to immediately, without warning, disable all Your services We provide.
4. Terms of Payment
   In consideration of Us providing You with the Service, You agree to make payment of your relevant account charges within 20 days of the date of Your invoice, unless otherwise stated.
   We may alter Our fees from time to time. When we alter them We will update our web page when the new fee takes effect.
   Our prices are stated in New Zealand dollars and exclude GST. Customers who reside outside New Zealand are exempt from paying GST.
   If You fail to pay Your bill for any services offered by Us, Your service may be cancelled without notice and the outstanding amount due will be recovered through our debt collection agency. Our debt collection agent may charge You a fee equal to 25% of the unpaid portion of the bill, but not less than $25.00. Where the total debt collection agency costs, legal and other costs arising from the collection of any owing amount exceeds the debt collection fee charged, our debt collection agent is also entitled to recover such additional costs from You.
5. Cancellation of Service
   Either party may terminate the agreement on 30 calendar days written notice to the other party without cause. If any terms or conditions are failed to be followed then We reserve the right to immediately, without warning, discontinue all service to You.
6. Liabilities
   If you are using our Service for personal domestic or household purposes, the Consumer Guarantees Act 1993 may apply and nothing in these Terms and Conditions shall derogate from that. Thereafter all statutory and implied warranties which can be excluded are deemed hereby to have been excluded to the fullest extent possible.
   Where you acquire or hold yourself out as acquiring our services for the purpose of a business, then you agree that the provisions of the Consumers Guarantee Act 1993 will not apply to our service or the provision of any other services to you.
   You agree we will not be liable under any circumstances for any or all special, indirect or consequential damages (including without limitation loss of profits) that result from a breach or a failure or any act or omission on Our part.
   You agree our maximum liability under all circumstances for any event or occasion causing You loss or damage shall be the aggregate fees paid by You during the 12 months immediately preceding the event or occasion causing the loss or damage.
   We will not be liable for any third party claims and/or third party costs, losses, expenses and/or damages whether brought against WebFarm Ltd or you and which relate to your site. Further you will agree to fully indemnify Us against all such third party claims, costs, losses, expenses and/or damages including all reasonable legal costs of and incidental to Us defending ourselves.
7. Applicable Law
   This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.
   You may take action against Us only in a New Zealand court.
8. Force Majeure
   If we cannot perform our obligations under this Agreement by reason of act of God, inclement weather, act of State, riot, strike, boycott, embargo or any other circumstances beyond our reasonable control, we will endeavour to advise you of the existence of the circumstances and their expected duration. The performance of this Agreement will, to the extent that it is made impossible by such circumstances, be suspended until such circumstances cease to prevail.
9. Each Clause Separately Binding
   Each clause of the agreement you have with us is separately binding. If for any reason we, you, or any of the persons specified in clause 8 cannot rely on any clause, all other clauses of it are binding.