Purpose:
This document sets Terms of Service (TOS) an Acceptable Usage Policy provided by the Impex Zone.

Account Setup
Payments for all Impex Zone services are required in advance of the commencement of service. You have to provide us with an email address which is currently in running state. It is your responsibility to ensure the email address on file is current or up to date at all times. If you provide false contact information of any kind may result in the termination of your account. In dedicated server purchase transaction or high risk transactions, you have to provide government issued identification and possibly a scan of the credit card used for the purchase. If you will not fulfill these requirements, the order may be considered fraudulent in nature and be denied.

Content
All services provided by Impex Zone may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography. The customer agrees to indemnify and hold harmless Impex Zone from any claims resulting from the use of our services.

Examples of unacceptable material:
IRC Bots
Wares Sites
Pirated Software
Hate sites
Hack programs and archives
Pornography, etc.
Such web sites may be shut down without notice.

Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account terminated without notice.

We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion.

We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Hamsterhost.co.nz All rights reserved.

Backups and Data Loss
Your use of the service is at your sole risk. Impex Zone is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Impex Zone servers.

Impex Zone cannot be held responsible for system availability and performance problems, or any financial losses incurred due to such problems or the effects of fraudulent activity by hackers or other unauthorized persons.

Payment Information
You agree to supply appropriate payment for the services received from Impex Zone, in advance of the time period during which such services are provided. You agree that until and unless you notify Impex Zone of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Payment must be made on or before the agreed due date (usually within 14 days) as stated in customer invoice. Impex Zone reserves the right to charge penalty fees of 5% per month for outstanding amounts not fully paid by the stated due date.

Impex Zone reserves the right to shut down any hosting account whose fees due have not been fully paid by the said due date. Reactivation of an account due to non-payment of invoice may incur a fee. Account will not be reactivated until payment of the invoice(s) outstanding and the reactivation fee is received.

Cancellations and Refunds
We reserve the right to cancel the account at any time.

Customers may cancel at any time. We give you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solution's. Refund requests after 30 days will be refunded on a prorate basis of any unused time.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund.

Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on you are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

• Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
• Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
• Participate in any file-sharing/peer-to-peer activities
• Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
• Run cron entries with intervals of less than 15 minutes
• Customers using Web mail should not maintain unnecessary amounts of mail in their trash cans. Mail storage should use folders and only needed mail should be stored online.
• When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

INODES
The use of more inodes (files) on any shared account may potentially result in suspension. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Uptime Guarantee
If your shared server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Impex Zone dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. All requests must be made in writing via email.
Price Change
Impex Zone reserve the right to change prices listed on our site and any other fees at any time. However, we will attempt to give fair notice on price changes whenever possible.

Reseller: Client Responsibility
Resellers are responsible for supporting their clients. Impex Zone does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Impex Zone will hold any reseller responsible for any of their client’s actions that violate the law or the terms of service.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Impex Zone harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Impex Zone, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Impex Zone against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Impex Zone; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Impex Zone's server.

Disclaimer
Impex Zone shall not be responsible for any damages your business may suffer. Impex Zone makes no warranties of any kind, expressed or implied for services we provide. Impex Zone disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Impex Zone and its employees.

Disclosure to law enforcement
Impex Zone will cooperate fully with law enforcement agencies. We may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.

Changes to the TOS
Impex Zone reserves the right to revise its policies at any time without notice.