1. Definitions / Introduction
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the moreweb.nz website (the "Service") operated by Octopoly Limited trading as Moreweb NZ (“MOREWEB”, "us", "we", or "our").
Trading Name Moreweb NZ
120 Thames Street
Company N°: 5899553
These terms apply to all customers (“you” or “your”), visitors, users and others who access or use the Service provided by us. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. A customer is any natural or legal person who creates an account with “MOREWEB” Limited (“MOREWEB”) or places an order on our website.
By accessing or using the Service, e.g. sending an order via our website, you agree to have read and understand the contractual terms and that you be bound by these Terms. If you disagree with any part of the terms then you may not use our platform or services.
2. Changes to the Agreement
MOREWEB reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide notice at least fourteen (14) days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Notices will be issued by email or within the customer portal.
Sometimes, changes to these Terms will be beyond our control, in particular changes to domain extensions from registries. In such circumstances, we will endeavour to provide immediate notice of the change.
By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised Terms. If you choose not agree to the new Terms, you must advise MOREWEB immediately, and arrange for the cancellation of your services.
3. Customer Account
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
In order for you to access your account, you need to use an account login name and password. MOREWEB will under no circumstances provide these credentials to a third person, other than the actual owner. In the event you forget your password you can reset it via the MOREWEB website. An email with further instructions will be sent to your mail address.
If you no longer have access to the email address used to create your account, you need to contact our support team for further information.
The customer is responsible to store and protect their password. MOREWEB will not be held responsible for an account, which was compromised due to insecure password or careless handling of the login credentials by the account owner.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to securely provide certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that (a) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (b) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to securely provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time. We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. MOREWEB retains the right to refuse certain orders, customers and also to close existing accounts of customers if they are not conforming to the Terms.
Moreweb shall make its best efforts to ensure that any bank information that is submitted to Moreweb is kept secret. However, Moreweb shall not be held responsible or liable for any fraudulent practice occurring on the Internet. In this regard, the Customer acknowledges the risks inherent to open computer networks such as the Internet and accepts to bear the consequences.
The Customer shall equip themself with the necessary protection system to protect their computer equipment against third party intrusion and malicious software vulnerability, as well as train their employees on the secure handling of credit cards and payment details. The Customer will bear sole responsibility for any damages or loss of the Content as well as any direct or indirect consequences thereof (such as a loss of chance, business, income, revenue or profits).
Moreweb shall not be held responsible for any damages caused by careless or incorrect handling of payment details and credit cards by the customer or any of their employees.
6. Renewals of the services
The customer acknowledges that not all fees are one-time fees and that the payment cycles depend on the product. Many of the products MOREWEB offers have a monthly or annual renewal fee, which will be automatically charged to the customer if the customer does not expressly let the product or service expire or cancel it before the due date.
For exact information regarding the fees and the renewal of the services, please refer to the specific products and services terms section of the Terms.
7. Fees and Prices
MOREWEB endeavours to keep all prices up to date. MOREWEB revises all prices on a regular basis and may adjust them in the event a registry has increased their domain fee. We will charge you for the price shown on the website at the date of your order or renewal. Please note that we cannot guarantee the prices for a longer period of time.
We also retain the right to change the fees and prices for any of the offered products and services. You will be informed at least fourteen (14) days in advance of such price change.
Unless a different agreement was specifically arranged with MOREWEB, customers are required to pay the invoices at the time of their order. Any other payment option must be arranged with MOREWEB in advance and is at MOREWEB’s sole discretion.
As a company with headquarters in New Zealand, customers are generally charged in NZD. On request the customers can also pay in USD or EUR depending on their domicile or base of operations. Please contact MOREWEB in case you want to pay in a different currency than NZD.
The customer accepts that we can only accept international wire transfers if the amount is higher than 100 NZD.
You acknowledge that and accept that any invoice that is unpaid after thirty (30) days following its issuing date, will be subject of late fees of 1.5% of the invoice value every month until such time as the outstanding amount is paid in full.
In most cases the registration of domain names is performed in real time. This means that as soon as a customer submits the order for a domain name, this order is forwarded to the respective registry and subject to availability the registry will charge MOREWEB and the domain will be registered.
MOREWEB cannot refund the domain name registration or renewal fees. In some cases it may be possible to cancel the order before the registry has processed it. Please contact our support immediately if you have sent an order by mistake and want us to see if the order can still be cancelled. Regardless of the product or service ordered, if MOREWEB deems it possible to cancel the order upon request of the customer, MOREWEB reserves the right to charge the customer a 5% (minimum of $10 NZD) cancellation fee.
10. Friends and Fans Referral Scheme
Our friends and fans referral scheme is our way to say thank you to our loyal customer. For the successful invitation of a friend, the existing MOREWEB customer as well as the referred new customer will receive a 10% discount on their next and first order, respectively.
It will be deemed a successful invitation when the new referred customer creates an account and submits their first order. The customer acknowledges that the creation of an account only, is not deemed as a successful invitation. The new referred customer must submit at least one order for the discount to be claimed.
Please note that this referral scheme is a courtesy of MOREWEB with which we want to reward the referral of new customers. For this reason we put rules and measures in place to reward only genuine new customers. The customer understands and accepts that each new customer can only be referred once. Referring the same customer a second time will not result in the discount reward for either of the parties.
Subject to fourteen (14) days notice, we retain the right to adjust the discount percentage of the friends and fans referral scheme, or cancel the friends and fans referral scheme entirely. The customer also accepts that MOREWEB has the right to reject the discount in case of any fraudulent activity or abuse of the friends and fans referral scheme. This includes but is not limited to cases of: self-referral, mass-creation of new email addresses, referring the same customers multiple times, setting up multiple new accounts to receive repeated discounts. If such abuse or behaviour is detected, MOREWEB will provide a written warning to the customer. In the event the customer continues to abuse the referral scheme, MOREWEB reserves the right to cancel the customer ‘s accounts.
11. Use of free services
MOREWEB may offer various services for free as part of certain products and services. The free services include but are not limited to use of DNS infrastructure, URL forwarding, email forwarding, free one page website, and free local presence service. Such services will be free at the sole discretion of MOREWEB.
MOREWEB reserves the right to begin charge for some or all of the free services in future. In this case the customer will get informed at least thirty (30) days before the price change takes effect, the customer may choose to opt out at any time prior to the effective date of the price change.
12. Supporting Documents
Some products and services, in particular but not limited to country code domain extensions, may require supporting documentation, which has to be provided by the future registrant in order to register the domain name. The customer understands that working with documents results sometimes in the delay of provision of services or products.
Some registries require specific documents which have to be signed and sent back or generic ones such as copy of passport or ID card, company registration certificate, proof of business relationships with the respective country. You may be asked to provide additional documents, which are not listed here.
The customer understands that it is not MOREWEB requiring those documents but that we are only following the requirements of the respective registries. That being said, the customer acknowledges that MOREWEB has to forward such documents to the respective registries. The customer accepts also that in case there is a third party or intermediate provider between MOREWEB and the registry, MOREWEB has the right to send the documents to this third party or intermediate provider.
We chose our partners after due diligence and we do our best only to work with credible, reputable and certified partners, MOREWEB cannot be made responsible for the compromise of any documentation sent to a third party in the process of provisioning the order for a customer.
13. Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
At all times, and without exception, MOREWEB will make all reasonable efforts to adhere to the Fair Trading Act (1986) and Consumer Guarantees Act (1993) of New Zealand.
14. Intellectual Property
The Service and its original content, features and functionality remain the exclusive property of MOREWEB and its licensors. The Service is protected by copyright, and trademark laws as enforceable by New Zealand legislation. Any content, media, marks or otherwise, protected by trademark or copyright may not be used in connection with any product or service without the prior written consent of an authorised officer of MOREWEB.
15. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by MOREWEB.
MOREWEB has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that MOREWEB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
16. Limitation Of Liability
In no event shall MOREWEB, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from
(a) your access to or use of or inability to access or use the Service;
(b) the suspension of a domain name and loss of registration fees, due to non-compliance with registry requirements;
(c) any conduct or content of any third party on the Service;
(d) any content obtained from the Service; and
(e) any loss or damage caused in connection with the use of services that are provided for free;
(f) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
MOREWEB its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; or c) the results of using the Service will meet your requirements.
18. Privacy Statement / Data protection
In order to manage the customers, administrate their accounts and invoice the services provided to them, we will store certain personal data pertaining to the customer in our databases. Subject to New Zealand privacy laws, we undertake our best efforts to keep your data protected and secure.
The customer acknowledges that MOREWEB cannot give a 100% guarantee for the safety and protection of their personal details. Operating on the Internet there is always a risk of personal information to be obtained by third parties. By using our services the customer accepts the risks and possible consequences and agrees not to hold MOREWEB responsible for any damage suffered where all reasonable care has been taken.
The customer allows and authorises MOREWEB to process their personal data for market research purposes and promotional campaigns. In case you prefer not to be contacted with promotion or marketing material from us, you are free to inform us about this and we will remove you and your email address from our marketing distribution list.
19. Governing Law
These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.
Our failure to enforce, or choice to not enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
20. Force majeure
In an event of force majeure, neither the customer, nor MOREWEB shall be responsible for any failure or delay to fulfil their obligations under the terms of this contract.
The customer acknowledges that the lack of financial measures to pay any of the fees for services provided to them by MOREWEB does not count as force majeure.
MOREWEB will not be held liable by the customer for any damage or indirect loss that may be the result of the failure of our services or systems or any actions and interference of third parties.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
The customer may terminate the agreement and their account with us at any time by sending a thirty (30) day notice of termination letter. The termination will take effect as soon as all outstanding invoices of the customer have been paid.
The customer understands that the termination of the registrant agreement with MOREWEB does not affect the contract and registration periods of their products and services.
In the event a customer wishes to cancel their account with us, they need to transfer their existing products to another provider before the account can be fully terminated. Alternatively the customer can cancel all products with MOREWEB before the termination agreement takes effect.
22. Service Suspension
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
MOREWEB reserves the right to close your account at its sole discretion (a) if we are ordered to do so by a court of competent jurisdiction; and to comply with any applicable laws, government rules or requirements; (b) if the use of the domain name is illegal or if the domain name actively infringes trademark or copyright laws.
The products and services are used in ways other then their intended purpose, including but not limited to: sexual abuse, harassment, criminal activities and fraud. In any of these cases the customer has no right for compensation for any perceived suffered damages.
MOREWEB may suspend access to a customer account during maintenance work or any update operations on our server and platforms.
23.1. The promoter is: Moreweb NZ
23.2. The competition is open to participants residing in New Zealand aged 18 years or over.
23.3. There is no entry fee and no purchase necessary to enter this competition, however due to the nature of the prize (a free small business website) if on going support or renewal of the domain, hosting, or website after the initial12 months is desired this will be a cost incurred by the competition winner.
23.4. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
23.5. Entries can be made via Facebook/morewebnz or Instagram @morewebnz.
23.6. Multiple entries from the same person are welcomed.
23.7. Closing date for entry will be as per the date specified in the competition post. After this date the no further entries to the competition will be permitted.
23.8. No responsibility can be accepted by Moreweb for entries not received for whatever reason.
23.9. HOW TO ENTER - Successful entry requires a person to
23.9.1. like the Moreweb Facebook or Instagram page
23.9.2. tag a friend in the comments (each new page results in a new entry)
23.9.3. for additional entry a person can choose to share the competition post on their story and tag Moreweb in the story.
10. The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.
23.11. The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
23.12. The prize is as follows:
23.12.1. ONE Small Business Website (limited to 5 pages)
23.12.2. ONE personalised domain name under the .kiwi extension
23.12.3. ONE basic personalised email
23.12.4. ONE core shared hosting package
23.12.5. ONE InstantSSL DV certificate
The prize will be in operation for the durations of 12months, after this time period the domain, email, hosting and SSL certificate may be renewed at the expense of the competition winner. The Moreweb team can give further details on costs once the domain has been confirmed as prices may vary.
The prize is as stated and no cash or other alternatives will be offered. The prizes are not transferable. We reserve the right to substitute any prize with another of equivalent value without giving notice.
23.13. Winners will be chosen at random by software, from all qualified entries received and verified by Promoter and or its agents.
23.14. The winner will be notified by tagging or DM on Facebook or Instagram within 28 days of the closing date. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
23.15. The promoter will notify the winner when and where the prize can be redeemed.
23.16. The promoter’s decision in respect of all matters to do with the competition will be final.
23.17. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
23.18. The competition and these terms and conditions will be governed by New Zealand law and any disputes will be subject to the exclusive jurisdiction of the courts of New Zealand.
23.19. The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current New Zealand data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
If you have any questions about these Terms, please contact us.
24.1. Domain Registration
MOREWEB functions as an intermediary between the registry and the domain registrant. In order to facilitate the domain registration, MOREWEB provides a domain search engine free of charge. It allows the customer to check the availability of domain names and lets them register the domain in case it is available for registration.
MOREWEB shall register domain names for the customer, by forwarding their requests to the respective registry in order to register the domain name. The successful registration depends on various factors, including but not limited to correct details submitted by the future registrant, fulfilment of the extension and registry requirements and of the general availability of the chosen domain name. Based on these requirements, the customer understands that MOREWEB cannot guarantee the successful registration of a domain name.
Once a domain name is registered, MOREWEB will grant the customer direct access to the domain name via the domain account of the customer with MOREWEB. The customer has then full control over the domain name.
The customer agrees not to register a domain name that they know will infringe upon any trademark, brand, or other propriety rights of third parties.
24.2. Domain Activation
Certain domain extensions need the domain name to be activated before the customer can use it. In order to activate the domain name the domain registrant may be asked to take action; for example to confirm an email sent to them by the registry, forward an activation code sent by the registry to MOREWEB, accept a phone call by the respective registry or login to a registry control panel and confirm their details and validity of the registration order.
The customer understands that without their help, the help of the future domain owner, the domain activation cannot be successfully finalised and they risk that the domain will get deactivated again by the registry. The customer acknowledges that it is not the fault of MOREWEB if a domain name gets deactivated, removed or deleted by the registry if the customer did not process the activation or provide the responses required.
24.3. Domain Transfers
The customer understands that some registries do not allow a domain name to be transferred in a timeframe of sixty (60) days after the registration date or after a successful registration. In those cases the customer must wait until the lock period is over and the domain name can be transferred.
The customer understands that MOREWEB cannot influence this as this is a regulation by the respective registry, or consensus policy of the regulatory body, ICANN.
Domain Name Transfers (ICANN)
Registrar Transfer Dispute Resolution Policy (ICANN)
24.4. Domain Update
MOREWEB will offer their customers the means and tools to update their domain name information. The customer understands that not all registries support or allow the modification of domain names registered under their extension. Certain registries may only allow the update of the nameserver information but not of the domain owner details. For this reason it is very important for the customer uses accurate information.
The customer understands that MOREWEB cannot be made responsible if domain names registered with out-dated or incorrect information cannot be updated due to registry restriction.
24.5. Domain Renewals
The customer understands that the domain fees are a yearly fee, which will be charged by MOREWEB every year, or according to the domain name renewal cycle. Subject to all applicable fees being paid, the registrant is the rightful owner of the domain name and has full control to administer it.
In general domains have to be renewed manually by the customer every year. If the customer fails to do that, the domain name will be set to expiration and will expire at the end of its registration period. Once the domain has expired the customer has lost the control and rights over the domain.
MOREWEB provides a service that allows the customer to automatically renew their domains every year. The customer understands that as long as the automatic renewal is activated for their domain name(s), MOREWEB has the right to charge the related domain fee.
24.6. Domain Deletion
Where possible, MOREWEB will try and delete a domain name on request of a customer. The customer acknowledges that not all registries do allow the deletion of a domain name and in many cases the only possibility is to let a domain name expire.
MOREWEB cannot be made responsible for any damages or claims that result from a domain name that was not supposed to be in the possession of a customer and should have been deleted on the request of a third party, judge or by any other authority.
24.7. Domain Expiration
When the domain name expires, MOREWEB is required by ICANN to remove the nameservers and point the domain name to a website showing that the name needs to be renewed. Immediately after the domain name has expired you lose the rights to use the domain name.
After the expiration of the domain name, depending on the extension, the domain name will remain in a “redemption” period or phase in which the domain name cannot be reclaimed and is prepared to be deleted by the registry.
In this phase the domain name still shows your name as the owner but you do not have any rights to the domain name.
Please see also the Expired Registration Recovery Policy (ICANN).
24.8. Domain Restore/Reactivation
Some registries do offer a restore/reactivation feature for their extension. This means that the domain name could be restored and claimed back by the former owner. Please note that this service is subject to a restore/reactivation fee, which is charged by the registry and passed on to you.
On your request, we will do our best to try and regain your domain name, but you accept that there is no guarantee for the restore/reactivation of your domain name.
24.9. Parking Page
The customer acknowledges that MOREWEB has the right to redirect all registered but unused domain names to a parking page. This is done to avoid showing a 404 Error page. This parking page may show and offer other MOREWEB products and services.
The customer is entitled to deny such redirection or edit the nameservers at any time and point the domain to their hosting provider.
24.10. Domain owner details
The customer understands that it is of upmost importance to use valid and correct domain owner details for the registration of their domain names. In particular the accessibility and reachability of the email address used for the domain registration is very important.
The customer is obligated to keep their domain details up to date at all times. Not doing so could result in the deletion of the domain name.
The customer acknowledges that whoever controls the domain registrant email address has full control over the related domains. As such it is the customer’s responsibility to supply at the time of registration an email address, which they own and control.
Please see also Registrant Rights and Responsibilities(ICANN).
Required by ICANN regulation, registrars are now obliged to remind all domain registrants once a year to check and verify the correctness of their domain whois details Whois Data Reminder Policy (ICANN).
24.11. Dispute resolution
You agree to the industry standard Uniform Domain Name Dispute Resolution Policy (“UDRP”). You understand and accept that MOREWEB cannot be hold liable for the outcome of the UDRP and that we cannot influence or dispute it, nor can we challenge the decision or block the domain name and refuse to release it to the challenging third party. You accept that ICANN has the right to change the UDRP rules at any time.
General dispute resolution: Uniform Domain-Name Dispute-Resolution (ICANN)
Especially for new domain extensions: Uniform Rapid Suspension System (ICANN)
You understand that the fees for any domain order needs to be paid by you in full and in advance of receiving the related service. You agree that in case a payment made with a credit card has been charged back, we retain the right to take back or block the domain name until the outstanding bill has been paid in full.
Unless explicitly specified for a certain TLD, MOREWEB will refund the registration fees in case a domain name could not be registered for the customer.
The customer accepts that some registries charge a non-refundable fee for the attempted registration. In particular when they have to verify documents for the registration process. The customer understands that in those cases MOREWEB cannot refund the non-refundable part of the registration fees.
24.13. Free Domain Name Promotions
Unless otherwise specified, our free domain promotions are valid for one domain name per user. We reserve the right to deactivate accounts and delete domains that are used for spam or fraudulent activities, violate trademark laws, or are in conflict with any of the rules and regulations of the respective registry or our domain promotions and/or our general terms and conditions.
24.14. Domain Registry Policies
In our function as an ICANN accredited domain registrar, or domain name reseller, MOREWEB is bound to the rules of ICANN and all registries we are collaborating with. Under the following page you will find a list of all registry policies that all accredited domain registrars are bound to.
MOREWEB as well as our customers need to comply with these rules.
Registry Policies list.
25.1. Service Description
MOREWEB provides the customer with various website solutions that allow the customer to build different kind of websites including but not limited to blog, personal website, online store, company website, charity platform etc.
The customer has access to a user control panel that allows them to fully control and manage the look, layout and content of their website. The customer understands that unless otherwise ordered by them, the creation and design of the website is their own responsibility.
25.2. Website Availability
MOREWEB will make its best efforts to provide the Website service on a 24/7 basis.
In case of any planned/expected downtimes of the Website service due to maintenance work, rebooting the server or other technical reasons we will do our best to inform you ahead of time so that you can take the necessary steps on your end to inform your customers.
However, the customer acknowledges that there might be unexpected downtimes of the Website service unplanned and unexpected maintenance work, power outage or any other technical reasons. In such cases, MOREWEB will always do its best to bring the service back online as soon as possible.
25.3. Website fees
The customer accepts and acknowledges that the website fees are a recurring fee that is charged by MOREWEB on a recurring basis.
Only the web design fee, for creating a website on request of the customer, is a one time fee.
25.4. Liability and Responsibility
The customer accepts that MOREWEB cannot be held responsible or liable if a third party gains access to the hosting because of careless handling of the login details by the customer.
The customer commits to use the Website service only for genuine purpose and only with good intention. The customer understands that the use of the service is not acceptable for any purpose that is: unlawful, threatening, abusive, harassing, invasive, hateful, racist or in any ways harmful to minors. The customer will not post or upload any material or content that is infringing patents, trademarks copyrights or other proprietary rights of third parties.
The website will not be used as platform to share illegal or copyright material nor will it be used for any illegal activities.
Websites that infringe this clause will face to be shut down without prior warning and the customer will lose the access rights to the website and is not entitled to any refund.
The customer understands that in case the fees for the website service are not paid, or the customer decides to let the service expire, MOREWEB has the right to delete the website and remove all its contents from the server to regain the space for a new customer.
The customer does not have any right or claim towards MOREWEB to keep the website information stored after the service is explicitly not renewed by the customer.
In case the customer decides to cancel the website service before its expiration date, there is no general right for refund for any excess fees. It is in the sole discretion of MOREWEB to decide if a refund will be granted or not.
26.1. Service Description
MOREWEB provides the customer with a mailbox solution that allows the customer to setup a personalised email address using their domain name.
MOREWEB will take all reasonable measures to provide the service 24/7 but the customer understands that maintenance works may require MOREWEB to restart the service which may result in a short down time of the service for the customer.
All emails that are sent or received by the customer in the downtime will be collected and distributed as soon as the service is back online. The customer understands that it is their responsibility to make sure that their emails have been delivered. MOREWEB cannot be made responsible for damages caused by emails that are stuck in the outbox and have not been delivered yet.
The customer understands that the mailbox product can only be used with domain names registered at MOREWEB.
The mailbox service cannot be transferred to another customer and can only be used by the customer who originally ordered the service with MOREWEB.
26.4. Liability and Responsibility
The customer understands that they have no right to claim for compensation for any damages that may occur through any third party that got access to their mailbox due to careless handling of the login details by the customer.
Unless required to do so by a court order, MOREWEB will never grant any third party access to the mailbox of the customer and any of the related emails.
The customer understands that if the mailbox service gets terminated by them, MOREWEB has the right to delete the service and all related emails from our servers.
The customer has no right to claim for compensation or damage through loss of any important emails in case they specifically ask MOREWEB to terminate the service.
27. Domain Privacy Service
27.1. Domain Privacy Service Description
The Domain Privacy Service is an MOREWEB service that allows the user to hide their personal details from the official domain owner database, called whois. Hiding the identity of the domain owner helps the customers to protect themselves.
Activating the domain privacy means that MOREWEB will replace the domain owner details with the details of the Domain Privacy company:
Whois Privacy (enumDNS dba)
BPM 333868, Rue Gabriel Lippman 34
The email address of the owner will be replaced with an automatically and randomly generated email address. The new email address will forward all emails to the domain owners original email address.
Despite changing the owner in the Whois, the ownership of the domain name remains with the actual domain owner. On request MOREWEB will verify the ownership of the domain with a certificate of ownership.
The sole purpose of the Domain Privacy service is to hide the domain owners details form the public whois database. The service shall not be used for any other purposes or reasons. Should the Domain Privacy service be used by the customer for fraudulent or unlawful purposes, MOREWEB reserves the right to remove the Domain Privacy service.
By using the Domain Privacy service, the domain owner authorises both, Domain Privacy Ltd and MOREWEB to read the emails and post sent to the cover address. The customer also gives the authorisation to Domain Privacy Ltd and MOREWEB to disregard and delete any obvious spam post.
The customer understands and accepts that the Domain Privacy service can and will only be provided to domain names registered with MOREWEB. When a domain name using the Domain Privacy Ltd protection service is being transferred away to another registrar, the domain loses the right to use the service. The service will and has to be removed before the domain can be transferred away.
The customer understands that the Domain Privacy service is under no circumstances a post or mail forwarding solution. The customer accepts that neither Domain Privacy Ltd nor MOREWEB can be held responsible for miss-use of the service by the customer.
The customer accepts that the Domain Privacy service cannot be used by all domain extensions and that it can only be used with domain extensions for which the responsible registry explicitly allows the use of such whois privacy services.
The Domain Privacy fee is valid for the yearly registration period of a domain name and will automatically renew together with the domain name, unless the owner removes the service from the domain name before it is renewed.
The customer acknowledges that this service is exempt from any refunds. By applying the service to a domain name, MOREWEB has fulfilled its duty. If a customer removes the service before the expiration of the domain name, or if the Domain Privacy is cancelled because the customer transfers the domain name to another registrar, there is no right for partial refund of the Domain Privacy service fee.
When a customer asks to remove the Domain Privacy service from their domain, MOREWEB will update the domain to the original registrant contact details, which were used before the domain was updated to the Domain Privacy.
The customer accepts and understands that in case of a complaint or lawsuit against a domain protected by the Domain Privacy service, or against Domain Privacy Ltd as service provider and domain trustee, MOREWEB retains the right to remove the service and update the domain name with the details of the actual domain owner.
Domain Privacy Ltd and MOREWEB retain also the right to remove the service if it is miss-used by the customer or used in a way other then the intentional one.
31. Local Presence Service
31.1. Local Presence Service Description
Some country code registries require a local physical address in their country in order to be eligible to register a domain under their extension. Where possible, MOREWEB may offer a Local Presence Service (“LPS”). This will allow the future registrants to register the domain name without actual residing in the respective country.
With few exceptions, the LPS is in most cases offered for free and without additional charge. However, the customer understands that in some cases additional charges may apply, in which case MOREWEB will inform the customer in advance.
31.2. Use and application of the service
Where possible MOREWEB will automatically use their LPS for required extensions and will not consult with the. This is done to simplify and speed up the registration process for the customer.
In case the customer does not want to use the LPS and rather not own the domain name, they can inform MOREWEB and we will let the domain name expire at its next expiration date. The customer understands that there is no refund on domain names registered with the MOREWEB LPS.
The customer accepts that not all registries allow the use of such service and that in case there is a policy change, which limits or removes the right to use such service, the customer may face the loss of their domain name. The customer understands that in such cases, when the domain is lost due to changes of the policy and registry regulations, MOREWEB cannot be held responsible and furthermore is not responsible for any compensation.
31.4. Liability and Responsibility
The customer acknowledges that the LPS is not comparable with the Domain Privacy service and that under no circumstances these two services are interchangeable. The LPS is exclusively provided to allow the customer the registration of a domain name under an extension that requires local presence.
32.1. Service Description
MOREWEB offers full name server infrastructure, free of charge to all customers. You can use the MOREWEB nameservers for all your domain names. You are entitled to edit, change and modify the nameserver for your domain and nameserver entries at any time, using the provided functions in our customer control panel.
When the MOREWEB nameservers are used, the customers have also full control over the zone records and entries and change edit and modify them without limitation.
32.2. Liability and Responsibility
The customer commits to use the MOREWEB nameservers in a reasonable fashion and only in the frame of their intended use. In case the customer pursues any activities that have a harmful effect on our infrastructure, including but not limited to DDoS attacks, overuse or slow down of our infrastructure, we retain the right to suspend the provision of this service to the customer and deactivate the domain name causing the problems.
If a domain name that uses the MOREWEB nameservers is transferred to another registrar, this domain loses the rights to use our nameserver infrastructure. MOREWEB retains the right to remove any related DNS zones from our platform to keep our platform clean and fast for all remaining domains.
The customer acknowledges that they have no right for compensation for damages caused by the downtime of a domain name that used the MOREWEB nameservers while it has been transferred away to another domain registrar.
.NZ Registrant Agreement
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the moreweb.nz website (the "Service") operated by Octopoly Limited (MOREWEB, "us", "we", or "our").
V1.1, 1 April 2008
1. The Registrar’s Obligations
We agree that we will:
1.1 comply with all .nz policies and accurately represent these to you;
1.2 disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain name sought to be used by you, including price and billing information;
1.3 comply with your lawful directions in a diligent and timely manner regarding your .nz domain
name, (for example, registration, cancellation, amendment, deletion, and associated technical
support and billing);
1.4 process any new .nz domain name registrations with the registry within one working day from the time we receive all the information required to complete a registration if it is within our advertised business hours of 9 am - 6 pm Monday-Friday, and otherwise within three working days;
1.5 notify you of the registration of your domain name(s), including the details of: the domain
name, your contact details, our contact details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant;
1.6 arrange for correction of any error in the information in the register about any domain name
registered to you when requested;
1.7 provide to you, or to someone we reasonably believe to be acting on your behalf, the unique
authentication ID for your domain name when requested and for no charge;
1.8 use your personal information only as authorised by you;
1.9 take all reasonable steps to safeguard and protect all information about you stored in our
databases and system(s);
1.10 comply with any order of any authority having jurisdiction regarding any domain name
registered to you;
1.11 use our best endeavours to deal with any complaints you may have about the services we
provide for you.
2. The Registrant’s Obligations
You agree that you will:
2.1 comply with the .nz policies. You agree that you have read and understood the current
2.2 make sure all information you give us is accurate and complete, keep us informed of changes
to any information you give us, and that you have the authority to enter into this agreement;
2.3 keep the unique authentication ID for your domain name and any other security information
that we give to you confidential, safe and secure;
2.4 satisfy yourself that your use of a domain name will not infringe anybody’s intellectual property rights and protect us, and everybody we are in any business relationship with to provide services to you, from any such claim;
2.5 ensure that you only use our services for a lawful purpose;
2.6 ensure that the use of any domain name registered to you does not interfere with other users
of the Internet;
2.7 ensure that any order of any authority having jurisdiction regarding any domain name
registered to you is complied with;
2.8 protect us, and everybody we have a business relationship with, against any legal action taken
against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you. Duties of Other Persons
2.9 You agree to make sure everyone you are responsible for or who uses a domain name
registered to you also meets the above duties.
3. Registration of a Domain Name
When a domain name in the .nz domain name space is registered to you, or in your name as directed
by you, then you agree:
3.1 that the following information becomes available to any member of the public:
- your name,
- your contact details and
- the domain name, its commencement and expiry dates and addresses/details of the
name servers for it, and our name.
3.2 the domain name is registered in your name only because no other person has it according to
the records of the register; and
3.3 neither we nor anybody else is representing anything else to anybody regarding that domain
name. The entry of a domain name in the "who is" database shall not be taken as evidence of
anything other than such registration; and
3.4 that you protect us and everybody we have a business relationship with to provide services to
you, from any claim arising out of the domain name being registered in your name or as you
4. Register is the Record
For all purposes the details shown in the register shall be treated as correct and the authoritative
5. Payment of Fees
5.1 You agree to pay for the services we provide for you.
5.2 If you transfer a domain name registered to you to another registrant or to be managed by
another registrar, all charges owing to us shall become immediately due and payable on the
date of that transfer.
5.3 We may alter our fees from time to time. When we alter them we will send you notice of the
alteration 30 days before the new fee takes effect.
5.4 Our usual fees are for the annual fee of your domain name, the use of our DNS infrastructure and access to your domain account, which gives you full control over your domain and allows you to manage, update and edit your domain name. We may also charge for hosting services, email addresses, SSL certificates and other additional services provided by us. We will tell you before any additional charge is incurred.
5.5 Our prices are stated in New Zealand dollars and exclude GST.
6. Suspension And Refusal To Supply Services
If you do not pay our charges for a domain name registered to you we may:
- cancel registration of that domain name; or
- refuse to provide a service you request.
7. Cancellation of a Domain Name
If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to that registration, we will give you fourteen days notice before we initiate action to cancel that domain name.
8. Exclusion of Liability
We exclude all liability we may have to you for any claim except where we have acted in bad faith.
This exclusion also applies for the benefit of:
8.1 InternetNZ, the registry and any other entity we are in any business relationship with;
8.2 every officer, employee, contractor, agent of us or any entity in clause 8.1;
8.3 anyone else we get to perform our duties under any agreement you have with us.
None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.
This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not prevent you getting a court order requiring us to do anything we have agreed
to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.
9. Limitation of our Liability
We have excluded all other liability we or any of the persons specified in clause 8 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 8 then this clause applies.
Where this clause applies, the maximum combined amount the persons specified above (together) will
have to pay you and anyone else who uses the services we provide for you (together) is the amount of
the last month's fee paid by you under this agreement.
10. Law and Jurisdiction Applying to this Agreement
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of the services are provided or where you reside. This will be the case until this agreement is cancelled except to the extent clause 14 says otherwise.
To the extent legally permitted:
10.1 all our services are provided under New Zealand law;
10.2 any claim or dispute arising out of or in connection with this agreement must be instituted
within 60 days from the date the relevant service was supplied to you;
10.3 except as otherwise stated, you may take action against us only in a New Zealand court;
10.4 where you or any registrant for whom you act supplies incorrect information regarding a
domain name and we incur cost in any matter concerning that name then we may recover the
costs incurred by us from you.
11. Cancelling the Agreement
11.1 We may cancel or suspend this agreement by giving you one months notice if you do not meet
your duties to us.
11.2 We may end the agreement for any other reason by giving you one month's notice.
12. More Than One Person
You are responsible for everybody who you permit to act for you as a registrant. We will take
reasonable care to satisfy ourself that you have permitted those persons to act for you.
13. 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.
14. Rights and Responsibilities that Continue
The cancelling of any agreement you have with us does not affect any rights and responsibilities,
which are intended to continue or come into force afterwards. These include the rights and duties
under 2, 4 - 10, 12 – 13, and this clause 14.
If you have any questions about these Terms, please contact us.